UNITED NATIONS	HS
	Commission on Human Settlements	Distr. GENERAL HS/C/17/2/Add.4 5 May 1999 ORIGINAL: ENGLISH

With reference to document HS/C/17/2/Add.3, which forwarded to the Commission the draft resolutions which had been prepared by the Committee of Permanent Representatives to UNCHS (Habitat), and pursuant to a request of the Committee of Permanent Representatives, annexed hereto is a document which has been prepared by the secretariat containing the legal and financial implications of draft resolution no. 16 on the role of the Committee of Permanent Representatives to UNCHS (Habitat).

        1. The present note presents to the Commission legal and financial implications of the draft resolution entitled "The Role of the Committee of Permanent Representatives to UNCHS (Habitat)" as requested by the Committee of Permanent Representatives at its meeting of 30 April 1999. The statement of such financial implications is required of the Executive Director also under rule 23 of the rules of procedure of the Commission on Human Settlements.

2. The draft resolution, in the fourth recital in the preamble, recognizes the need for a properly mandated subsidiary body that can act during the intersessional period in terms of monitoring the implementation and progress of resolutions adopted by the Commission. In the introductory sentence of paragraph 1, the Commission requested the Executive Director between sessions of the Commission to continue to seek the advice of, and periodically report to, the Committee of Permanent Representatives on all matters within its mandate.

3. The proposed mandate of the Committee, as identified in subparagraph 1(a), is to: review, monitor and assess the implementation of resolutions of the Commission on administrative, budgetary and programme matters; review the draft programme of work and budget during their preparation by the secretariat; review reports requested of the secretariat by the Commission; prepare draft resolutions for consideration by the Commission based on inputs from the secretariat and on the results of the functions specified above; and monitor and assess the follow-up of the Habitat Agenda and implementation thereof by the United Nations Centre for Human Settlements. In subparagraph 1(e), it is stated that the Committee of Permanent Representatives shall be accountable to the Commission and will submit reports of its work at each session of the Commission.

4. Given the above, it is implied in the draft resolution that the Committee of Permanent Representatives is to enter into a formal relationship with the Commission to assist the work of the Commission for the intersessional period. The Committee's obligations of reporting and accountability to the Commission imply that the Committee will become a subsidiary body if the Commission.

Subsidiary body of the Commission

5. Subsidiary organs to the Commission are envisaged in rule 17 of the rules of procedure of the Commission. Its paragraph 1 states that the Commission may, during a session, set up such sessional committees or working groups composed of States members of the Commission as it may deem necessary and refer to them any items on the agenda or any other question for consideration and report. In accordance with its paragraph 2, a committee established under this rule may set up such sub-committees or working groups as it may deem necessary for the efficient conduct of its work. Rule 17 does not envisage the establishment of subsidiary bodies working during the intersessional period. Therefore, should the Commission decide to establish such intersessional subsidiary bodies, it has to be explicitly stated in its resolution. Such a decision would, it turn, lead to the reexamination of the rules of procedure of the Commission to be explicit on this matter.

Current status of the Committee of Permanent Representatives

6. In its resolution 12/8 of 3 May 1989 entitled "Informal Committee of Permanent Representatives", the Commission decided that "for the next two years, the existing informal Committee of Permanent Representatives to the United Nations Centre for Human Settlements (Habitat) and/or Government-designated officials should continue to ensure liaison between Governments and the Executive Director in the interval between sessions of the Commission, its proceedings being informal".

7. Subsequently, the Commission, in its resolution 13/3 of 8 May 1991 entitled "Committee of Permanent Representatives to the United Nations Centre for Human Settlements (Habitat)", decided "to request the Executive Director of the United Nations Centre of Human Settlements (Habitat) to meet at least four times a year with the Committee of Permanent Representatives to the United Nations Centre for Human Settlement (Habitat) to review progress in the implementation of the programme of the Centre and Commission resolutions, as well as specific issues proposed by the Permanent Representatives or the Executive Director, and to report the recommendations of the committee to the Commission."

8. Currently there is no formal relationship between the Commission and the Committee of Permanent Representatives.

Establishment of a Committee of Permanent Representatives as a subsidiary body

9. If the Commission wishes to establish a Committee of Permanent Representatives as a subsidiary body of the Commission, as implied in the language of the draft resolution, such decision must be stated in the resolution. The present draft resolution does not contain a pertinent paragraph for this purpose, and therefore it is necessary to set out an additional operative paragraph, as new paragraph 1, by which the Commission decides to establish a Committee of Permanent Representatives as a subsidiary body to the Commission.

10. If the Commission decides to maintain the current, informal relationship between the Commission and the Committee of Permanent Representatives, certain expressions contained in the draft resolution, such as those indicating reporting obligations of the Committee to the Commission, would need to be reformulated.

11. Resource implications of the draft resolution include the following:

    (a) Conference service costs, including documentation and temporary assistance as required, for four regular meetings of the Committee of Permanent Representatives a year, with possible extraordinary meetings, as well as for meetings of its sub-committees, working groups and task forces which may be established to enable the Committee to carry out its mandate. Since the proceedings of the Committee are conducted in English only, the costs above will be calculated on this basis;

    (b) Staff time required for arranging and servicing the meetings;

    (c) Costs for communications between the Secretariat and members of the Committee for arranging the meetings, transmitting documentation, etc.

    (d) Costs for translation/interpretation, if deemed necessary.

12.  Estimated conference service costs are approximately $2000 per one-day meeting conducted in English only, covering pre-session and post-session documentation and other required conference services. Those costs, as well as costs for necessary secretariat staff, could be absorbed within the existing resources.

13. In the case of UNEP, costs for arranging and servicing meetings of the Committee of Permanent Representatives to UNEP, which is a subsidiary body of the Governing Council, and its sub-committees, working groups and task forces, consist of the above-mentioned components. The proceedings of those meetings are conducted in English only. The costs to UNEP for those meetings during the biennium 1998-1999 are covered by the regular budget in the allotment for the "policy-making organs", which covers also meetings of the Governing Council. It is presumed that possible costs for meetings of the Committee of Permanent Representatives to UNCHS and its subsidiary bodies would be similar to those of UNEP.

14. The draft resolution, in its subparagraph 1(h), states that "an appropriate budget shall be allocated by the Commission for the servicing of meeting of the Committee of Permanent Representatives and its established subsidiary bodies. The financial implications of the present resolution should be within the provisions currently available for meetings of the Commission." If it is so decided, the costs for such meetings should be borne by the regular budget in the allotment for "policy-making organs: Commission on Human Settlements".

15. As far as no additional costs are incurred, the language of the draft resolution is sufficient and there is no need to seek the approval of the parent bodies of the Commission.