Legal Issues

(1) At its 13th session in Rome (CEB/2007/3, paras. 133-134), the Committee responded positively to the request of the networks of 1) the Legal Advisers of the UN system and of 2) the Legal Liaison Officers to become a formal network under the auspices of the HLCM, under the condition that one network only, bringing together the two groups, be established.

The new network would report to the Committee regularly, following the model already in place for the other HLCM Networks, i.e. providing a short briefing on the network’s recent activities and referring to the Committee any issues in need of further endorsement/approval.

The HLCM further asked the to-be-established network to update the Committee on progress on this matter at its next session, and to present a draft programme of work for its consideration.

(2) At its 14th session (CEB/2007/6, paras.98-99), the Committee endorsed the Legal Network's proposed programme of work, and agreed that the two subjects put forward for the "open hour" session, i.e., “Establishment of a systematic consultation procedure on documents having legal implications” and “Application of decision/policy documents/inter-agency agreements, as adopted by the HLCM/CEB, by UN organizations and entities” would each be retained for a formal discussion to take place respectively during the spring 2008 session and the fall 2008 session of the HLCM, subject to the completion of the necessary consultations with members of the Network

The Committee encouraged the Legal Network to coordinate with the CEB Secretariat to establish appropriate communication and information-sharing mechanisms with HLCM and its Networks, including the use of the HLCM websites. The Committee further asked the Network to consider issues of system-wide nature for inclusion in the Business Practices proposal.

(3) At the fifteenth session of the HR Network (CEB/2008/HLCM/HR/17, paras. 70-74), the Legal Network was established.
Several mechanisms have now been harmonised as sub-networks under the Legal Network:
    o    Pre-existing legal advice of specialised and related agencies
    o    Legal Liaison Officers of the Funds and Programmes
    o    Legal Advisors to DPKOs around the world (field legal offices)

The Network’s programme of work contains issues such as:
    o    Revision of the UN’s general conditions of contract
    o    Privileges and immunities
    o    Contracts with service providers
    o    Fraud and corruption
    o    Model trust fund agreements
    o    Model cooperation agreements with commercial entities.

The objective of the Legal Network is to liaise and address legal issues early in processes and understand the needs of the requesting entities. It will also address issues such as the legal validity of documents adopted by the HLCM and other interagency accords and agreements.
The Network concluded that it will request advice and assistance from the Legal Network in the streamlining and harmonization of staff regulations and rules.

(4) At its fifteenth session in Rome, 2008 (CEB/2008/3, paras. 71-76), the Committee encouraged the Legal Network to carry out internal consultations within its full membership with a view to reaching a formal agreement on the structure, working modalities and governance mechanisms of the Network and on its institutional links with HLCM.
HLCM indicated its agreement in principle with the systematic consultation procedure presented by the Legal Network, and asked the Network to review its proposal for submission at the next session of the Committee, taking into consideration comments and suggestions received during the discussion. 

(5) at its sixteenth session in New York (CEB/2008/5, para.90), Concerning the systematic consultation procedure with the HLCM Networks on documents having legal implications, HLCM agreed that it should conduct inter-sessional consultations, together with the Legal Network, through their respective secretariats, to finalize an agreeable text for a proposed consultation procedure, for consideration and approval at the next session of the Committee.

(6) At the same session (CEB/2008/5, para. 92), the Committee endorsed a review by the HLCM Procurement and Legal Networks of the recommendations included in Chapter IV of the Nemeth Report, with a view to submitting, as appropriate, recommendations for consideration of HLCM and CEB.
Further, the Committee (CEB/2008/5, para.98) endorsed the proposal by the Legal Network to adjust the depositary practice and prepare a common action plan on how to promote accession to the 1947 Convention and address disparities in its implementation, as per document CEB/2008/HLCM/XVI/INF.4/Rev.1  .