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decisions are being appealed), begun 12 trials, and initiated 16 pre-trial proceedings.

On June 10, the Security Council adopted Resolution 1244, recalling the jurisdiction and mandate of the ICTY, and demanding full cooperation with the Tribunal by all concerned, including the international security presence. Similarly, on November 11, the Third Committee of the UN General Assembly adopted, by a vote of 123(U.S.) to 0, with 20 abstentions, the resolution "The Situation of Human Rights in Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia (Serbia and Montenegro)." When later introducing this resolution to the General Assembly, the U.S. delegate noted, “although serious problems remain with the Republika Srpska, both Bosnia and Herzegovina and the Republic of Croatia have made notable strides in cooperating with the International Criminal Tribunal for the Former Yugoslavia (ICTY) and in bringing individuals to justice. We must note that the Federal Republic of Yugoslavia (Serbia and Montenegro) refuses to comply meaningfully with its human rights obligations under Dayton....This country, and the Republika Srpska entity of Bosnia and Herzegovina, continue to harbor indicted war criminals and fail to meet their obligations."

Although progress has been made since the 1997 report of the UN Office of Internal Oversight Services on mismanagement of the ICTR, the United States and other governments continue to press the ICTR to improve its efficiency and effectiveness. By year's end, the ICTR had issued 29 indictments against 50 individuals, of which 40 are in custody and two are in detention pending transfer to Arusha. In 1999, the ICTR convicted four individuals, raising the number of convictions to six. However, four of these six convictions are being appealed. In November, the Appeals Chamber of the ICTR dismissed the indictment of Jean-Bosco Barayagwiza after ruling that his due process rights, including a speedy trial, had been violated, and ordered his release from custody. Nevertheless, pending a review of the Appeals Chamber decision, his release was suspended. Barayagwiza was the leader of an extremist ethnic Hutu party involved in the massacre of ethnic Tutsis during the 1994 genocide in Rwanda. He had served as Director of Political Affairs in the Ministry of Foreign Affairs of Rwanda during the time of the genocide, and was a founding member of the Radio Television Libre des Milles Collines. He was charged with six counts of genocide, complicity in genocide, conspiracy to commit genocide, direct and public incitement to genocide, and crimes against humanity.

The United States is the largest financial contributor to both the ICTY and the ICTR. In fiscal year 1999, U.S. assessed contributions were approximately $42.5 million. The United States provided another $15 million in voluntary contributions, including two Federal Bureau of Investigation deployments to Kosovo. The United States continues to provide information to assist the ICTY and ICTR in their investigations.

Law of the Sea

The UN Convention on the Law of the Sea (LOS Convention) entered into force on November 16, 1994. Partly to meet U.S. concerns, a supplementary “Agreement Relating to the Implementation of Part XI” (Deep Seabed Mining) was negotiated in 1994, and entered into force on July 28, 1996. At the end of 1999, 132 states had ratified the Convention, and 96 states had ratified the Agreement.

The United States supports the LOS Convention as modified by the 1994 Agreement and applied the Agreement on a provisional basis, in accordance with its terms. Provisional application of the Agreement terminated, however, in November 1998. The administration is working to obtain the necessary advice and consent of the Senate to permit accession to the Convention. Taken together, the Convention and the Agreement meet a basic and long-standing objective of U.S. oceans policy: conclusion of a comprehensive Law of the Sea Convention that will be respected by all nations.

The International Seabed Authority (ISA) held its fifth session in August 1999. All four of its organs-the Assembly, the Council, the Legal and Technical Commission, and the Finance Committee-met. The ISA Council began consideration of the draft Regulations on Prospecting and Exploration for Polymetallic Nodules. The meeting also approved the budget for fiscal year 2000.

The International Tribunal for Law of the Sea, also a LOS body, continued proceedings in cases involving prompt release of a vessel, seizure of a vessel, and southern blue fin tuna. The states parties met and approved the Tribunal's 2000 budget. The budget was slightly increased to take account of the Tribunal's caseload.

At its 62nd Plenary meeting on November 24, the General Assembly adopted a three-part resolution on the Law of the Sea, fisheries, and sustainable development in the oceans and seas. It also called for an informal consultative process on oceans and seas to be convened in the spring of 2000.

Part 7

Administration and
Budget

Current Financial Situation of the United Nations During 1999, there was some improvement in the financial situation of the United Nations, as compared to the previous year. The total unpaid assessments of UN member states declined from $2.031 billion in 1998 to $1.758 billion in 1999. This was attributable partly to the substantial payments made by the United States which accounted for nearly $709 million, or 31 percent, of the total $2.3 billion in assessed contributions received by the UN during 1999. In addition, 126 UN member states had paid their regular budget assessments in full, including arrears, by the end of 1999. This was 9 more than in 1998 and 51 more than in 1994. The United States remained the largest debtor to the United Nations in 1999. Of the total $1.758 billion owed by all UN member states, the United States accounted for $1.170 billion, or nearly 67 percent. Most of the U.S. balance, $995 million, related to UN peacekeeping operations.

The cash position of the United Nations also improved in 1999. The aggregate level of cash at the end of 1999 was $1.093 billion, which represented the highest level for the United Nations in five years. The positive cash balance in the regular budget, $111 million, enabled the United Nations to forgo any cross-borrowing from peacekeeping funds. This was the first time since 1995 that the United Nations did not have to resort to cross-borrowing in order to cover deficits in regular budget cash. In addition, the United Nations was able to reduce by $72 million the amount owed to member states for contingent-owned equipment and for troops. The United Nations began 1999 owing $872 million to the member states. The amount was reduced to $800 million by year-end.

In 1999, the United States narrowly avoided losing its voting rights in the UN General Assembly, as prescribed by Article 19 of the UN Charter. Vote loss in the General Assembly is automatic if the arrears of a member state equal or exceed the member's assessments for the two preceding calendar years. Two factors, primarily, helped the United States avoid the loss of vote. First, the United States was able to pay virtually all of its 1999 regular budget assessment (approximately $304 million) before the end of the year. In past years the payments have been delayed as a result of

certification requirements contained in the appropriation legislation for the U.S. Department of State regarding the level of the UN budget. Second, with enactment of the so-called "Helms-Biden" legislation, as contained in the U.S. State Department Authorization Act for fiscal years 20002001, the United States was able to pay approximately $100 million toward arrears for the UN regular budget and for peacekeeping. Further payment of arrears is contingent upon achievement of specific benchmarks, as prescribed in the legislation. Key benchmarks include approval by the General Assembly of a reduction from 25 to 22 percent in the ceiling rate for the UN regular budget, and the establishment of a 25 percent ceiling rate for assessed peacekeeping costs.

UN Budget

The General Assembly considered two UN budgets during its regular session in autumn 1999. It approved the final budget level for the biennium 1998-1999 and the initial budget level for the biennium 2000-2001. Both budgets were approved without a vote, although the United States indicated its reservation on the budget level for 2000-2001.

On December 23, the General Assembly approved Resolution 54/247 regarding the final appropriation level for the 1998–1999 UN budget. The approved level of $2,488,302,000 represents a reduction of $41,601,500 from the previous level of $2,529,903,500. It also is well within the U.S. target of $2,533,000,000, reflecting the level of the initial 1998-1999 UN budget approved in 1997. As noted in the budget performance report of the Secretary General, the reduction in the final 1998–1999 UN budget is attributable primarily to favorable rates of inflation and exchange, lower costs for staff, and lower costs for other objects of expenditure such as contractual services, supplies/materials, and requirements for temporary assistance. The overall reduction in the final 1998-1999 UN budget, $41,601,500, was used to reduce member assessments in calendar year 2000, the first year of the UN budget for the biennium 2000-2001.

Also on December 23, the General Assembly approved Resolutions 54/249 through 54/253, all relating to the initial UN budget for the biennium 2000-2001. The overall level of the budget is $2,535,689,200. It is significantly below the level requested by the Secretary General ($2,655,362,400), but marginally higher than the target level sought by the United States ($2,533,000,000).

The major challenge for the United States was to narrow the approximately $122 million differential between the Secretary General's request and the U.S. target level. Significant savings were achieved from the application of updated rates of inflation and exchange in the budget estimates. These factors alone enabled the Secretary General's request level to be reduced by nearly $88 million. Savings also were achieved from reductions in consultancy services, staff travel, temporary assistance, general operating expenses, and information technology. Further reductions were

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