IO files, us/a/3608/Rev. 1

Position Paper Prepared in the Department of State for the United States Delegation to the Eighth Regular Session of the General Assembly

confidential

Statement of Alternative United States Positions on Problems Arising from Administrative Tribunal Decisions

problem 1

Possible proposal to reinstate some of the dismissed staff members.

Position: The United States should vigorously oppose such a proposal and should support the Secretary General’s action in refusing such reinstatement.

problem 2

Order of consideration of the Secretary General’s report on personnel policy (including his proposed amendments to the staff regulations and the Tribunal Statute) and the appropriation of the awards made by the Tribunal.

  • Position 1: The United States should seek to have the appropriation of the awards considered before the proposals to amend the regulations.
  • Position 2: The United States should seek to have the policy questions debated before considering the appropriation of awards.
[Page 357]

problem 3

Proposal by the Secretary General to amend the staff regulations and the Statute of the Tribunal to minimize possible recurrence of the present situation.

  • Position 1: The United States should argue that the present staff regulations are adequate and should request the General Assembly to so find and to reverse the findings of the Tribunal.
  • Position 2: The United States should argue that the present staff regulations are adequate but agree not to oppose the Secretary General in his determination to amend the regulation if he considers them necessary to clarify the present regulations.
  • Position 3: The United States should argue that the present staff regulations are adequate but agree to support the Secretary General’s proposals if they can clearly be regarded as clarification of the present staff regulations and together with the proposed changes give assurance of meeting United States objectives for future.
  • Position 4: The United States should support the Secretary General’s proposals without raising the question of necessity.

problem 4

Secretary General’s budget request for payment of awards by the Tribunal.

  • Position 1: The United States should directly and most vigorously oppose appropriation of funds, basing such opposition on invalidity of the Tribunal decisions.
  • Position 2: The United States should propose that the General Assembly return the cases to the Tribunal for reconsideration based on procedural errors and misstatements of fact.
  • Position 3: The United States should abstain on a possible proposal by other countries or by the Advisory Committee on Administrative and Budgetary Questions for appropriation of a reduced amount arising from substantial reductions in the amount of awards.

problem 5

Administrative Tribunal elections—to fill vacancies of retiring members Lord Crook (United Kingdom) and Outrata (Czechoslovakia).

  • Position 1: The United States should propose a U.S. national for election, without specification of post. (Result of this will be for the U.S. to be considered a candidate for the Outrata post.)
  • Position 2: The United States should propose a U.S. national and stimulate candidacies of additional nationals of other countries and should campaign vigorously to defeat Lord Crook as well as to elect a U.S. national.