These accepted recommendations correspond to Viet Nam current commitments and circumstances, including the 2013 Constitution, current legal framework and the 2016-2021 Action Plan of the Government. (...) Accepted
This recommendation will be implemented in line with Viet Nam’s circumstances, including current legal framework.
This recommendation will be implemented in line with Viet Nam’s circumstances, including its current legal framework and legal reform plan.
Data Source: un
Unfortunately, the lack of clarity surrounding
when the current circumstances will end, combined with the number of meetings in 2020 that have been postponed, as well as the already heavy schedule of meetings for 2021, has led to significant constraints
on the availability of dates for the foreseeable future.
(...) I have been advised that, due to the current situation, even these dates remain tentative and can only likely
be confirmed once activities resume at UN Headquarters. (...) I hope States Parties will concur that, given the extraordinary circumstances in which we find ourselves,
settling dates for the Review Conference as soon as possible should be the utmost priority.
Data Source: un
Time-related underemployment exists when the hours of work of an employed person are insufficient
in relation to an alternative employment situation in which the person is willing and available to engage.
8. (1) Persons in time-related underemployment comprise all persons in employment, as defined in current international guidelines regarding employment statistics, who satisfy the following three criteria during the reference period used to define employment: (a) “willing to work additional hours”, i.e. wanted another job (or jobs) in addition to their current job (or jobs)
to increase their total hours of work; to replace any of their current jobs with another job (or jobs) with increased hours of work; to increase the hours of work in any of their current jobs; or a combination of the above. (...) The subsequent period to be specified when determining workers’ availability to work additional hours should be chosen in light of national circumstances and comprise the period generally required for workers to leave one job in order to start another;
(c) “worked less than a threshold relating to working time”, i.e. persons whose “hours actually worked” in all jobs during the reference period, as defined in current international guidelines regarding working time statistics, were below a threshold, to be chosen according to national circumstances. (...) Countries may want to consider as persons in inadequate employment situations, all those in employment who during the reference period, wanted to change their current work situation, or (particularly for the self-employed) to make changes to their work activities and/or environment, for any of a set of reasons, chosen according to national circumstances.
Data Source: un
The Defence understands that the current circumstances are challenging for the parties and participants. (...) In the Defence’s view, although the current circumstances are exceptional and a degree of flexibility is necessary, a blanket extension of time for all deadlines listed in the Prosecution’s motion is not the appropriate remedy. (...) Since the Prosecution was ordered to disclose material on a rolling basis, rather than waiting for the deadline, the current circumstances should not affect a significant amount of material.
Data Source: un
The Prosecution hereby notifies the Appeals Chamber that as matters presently
stand, it currently intends to comply with the pending deadlines in the Ntaganda
appeal proceedings despite the disruptions resulting from the COVID-19 outbreak.
2. However the Prosecution also respectfully notifies the Chamber that this
current intention will require continual review and reassessment based on how the
situation unfolds in the coming weeks. (...) Further, although Prosecution staff are expected to work remotely from tomorrow,
not all staff are currently able to do so because of technical restrictions on the
number of Citrix licenses available.
Data Source: un
Women on maternity leave, who have an assurance of a return to work following the end of the leave, should also be considered as being employed during the compulsory period of the leave stipulated by national legislation to ensure that mothers before and after childbirth have sufficient rest, or for a period to be specified according to national circumstances.
(2) In countries where they are not classified as employed according to subparagraph 1(1), women on maternity leave should be classified as unemployed or not economically active, depending upon their current availability for work and recent job-search activity.
Employees on unpaid leave initiated by the employer
2. (1) Employees on unpaid leave initiated by the employer (including leave paid out of the government budget or social security funds) should be classified into labour force categories as follows:
(a) persons having an agreed date for return to work should be considered employed if the elapsed duration of their leave falls within a time-limit to be specified according to national circumstances. Such persons may be classified as a separate category among employed persons; they should be included among persons in time-related underemployment if they satisfy the criteria of the definition of time-related underemployment as specified in the resolution concerning the measurement of underemployment and inadequate employment situations adopted by the Sixteenth International Conference of Labour Statisticians (October 1998);
(b) persons who have an agreed date for return to work but whose elapsed duration of leave is longer than the specified time-limit, as well as persons who have no agreed date for return to work but who are expecting to return to their work in the near future, should be considered as unemployed if they satisfy the criteria specified in paragraph 10 of the resolution concerning statistics of the economically active population, employment, unemployment and underemployment adopted by the Thirteenth International Conference of Labour Statisticians (October 1982), otherwise, they should be considered as being not economically active;
(c) persons who neither have an agreed date for return to work nor expect to be recalled to their work in the near future should be considered as being unemployed or not economically active, depending upon their current availability for work and recent job-search activity.
(2) The notion of expectation of returning to work “in the near future” should be specified in the light of the national circumstances and economic situation of each country.
Employees on other types of extended leave
3. (1) Employees on other types of extended leave such as parental leave, who have an assurance of a return to work with the same employer following the end of the leave, should be classified as employed if the employer continues to pay all or a significant part of the wage or salary of the person on leave, or if the duration of the leave does not exceed a time-limit to be specified according to national circumstances.
(2) Employees on other types of extended leave, who are not classified as employed according to subparagraph 3(1), should be classified as unemployed or not economically active, depending upon their current availability for work and recent job-search activity.
Data Source: un
This year’s ECOSOC Humanitarian Affairs Segment has been convened under unique circumstances.
The COVID-19 pandemic is, as expected, at the forefront of current concerns, and has made it
necessary for this year’s Segment to be undertaken in an entirely digital format. Brazil commends
the Chair, OCHA and other UN agencies, Member States, the Red Cross and Red Crescent Movement
and other participants for the successful adaptation of this important event to current
While COVID-19 has rightfully demanded the international community’s intense attention in all
fields of action, it must be recalled that when the pandemic began the humanitarian system was
already under enormous stress, as highlighted by the Global Humanitarian Overview for 2020. (...) This is an opportunity to explore possible advances and
innovations, ensuring that these instruments are put to use efficiently in the current crisis, but also
that they are actively enhanced in preparation for future challenges.
Data Source: un
Most of those witnesses currently face no acute
security risk. However, forty-two of them were abducted by the LRA as
children, and ten were victims of sexual or gender-based violence. (...) Witnesses subject to the current application
1. Witnesses victimised as children
28. (...) This is because, in order to be useful to the Prosecution, to the
Registry, and ultimately to the Trial Chamber in determining whether in-court
protective measures or special measures are appropriate, information regarding
the personal, health, and security circumstances of witnesses must be reasonably
Data Source: un
TRIAL CHAMBER II of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("Chamber");
"Prosecution’s Motion for Protective Measures for Victims and Witnesses", filed on 24 March 2005 ("First Motion"), requesting, inter alia, leave to redact identifying information of victims and witnesses (i.e. information regarding the current whereabouts of victims and witnesses and the personal identification numbers which appear on statements of victims and witnesses that are taken by the Bosnian authorities), when fulfilling its disclosure obligations to the defence for Mico Stanisic ("Defence") pursuant to Rule 66(A)(i) of the of the Rules of Procedure and Evidence ("Rules"); 1
NOTING the "Decision on Prosecution’s Motions for Protective Measures for Victims and Witnesses", filed on 6 June 2005 ("Decision"), whereby the Chamber, while granting the motion in part, did not consider the Prosecution’s request to redact identifying information of victims and witnesses when fulfilling its disclosure obligations to the Defence pursuant to Rule 66(A)(i), as, on 18 April 2005, the Prosecution had notified the Chamber that it had fulfilled its disclosure obligations pursuant to Rule 66(A)(i) of the Rules; 2
NOTING that, while it is not permissible for the Prosecution to redact material it must disclose to the Defence under Rule 66(A)(i) of the Rules, without having prior authorization of a chamber, it now appears that the material disclosed by the Prosecution pursuant to that Rule was in a redacted form; 3
NOTING the "Prosecution’s Third Motion for Protective Measures for Victims and Witnesses", filed on 16 June 2005 ("Third Motion"), requesting de novo leave to redact identifying information of victims and witnesses (i.e. personal identification number and current whereabouts of victims and witnesses) from (a) supporting material to the Indictment ("Rule 66(A)(i) material") and from (b) statements, affidavits of victims and witness or potential witnesses, when fulfilling its disclosure obligations to the Defence;
NOTING the "Motion Objecting to the Prosecution’s Third Motion for Protective Measures for Victims and Witnesses", filed on 27 June 2005 ("Response"), by which the Defence objects to the Third Motion, as the Prosecution (a) has not demonstrated exceptional circumstances justifying an order for non-disclosure as is required by Rule 69(A) of the Rules, 4 and (b) is trying to obtain retroactive authorization from the Chamber to redact identifying information of victims and witnesses from material it has already disclosed to the Defence; 5
NOTING that, in the Third Motion, the Prosecution submits that the unauthorized redactions it made of identifying information of victims and witnesses from the material it disclosed pursuant to Rule 66(A)(i) of the Rules was to ensure the continued protection of potential witnesses in the case, pending the outcome of its motions on protective measures, while enabling the Accused to have the supporting materials within the time specified by Rule 66(A)(i) of the Rules; 6
NOTING that Rule 69(A) of the Rules provides that, in exceptional circumstances, the Prosecutor may apply to a Chamber to order the non-disclosure of the identity of a victim or witness who may be in danger or at risk until such person is brought under the protection of the Tribunal;
NOTING that Rule 75(A) of the Rules, provides that, a Chamber may at the request of either party, order appropriate measures for the privacy and protection of victims and witnesses, provided that the rights are consistent with the rights of the accused;
NOTING that, in the Third Motion, the Prosecution submits that it is in the interest of justice to maintain the safety and security of the victims and witnesses by redacting information relating to their current whereabouts and their identity numbers, and that the requested redactions are the minimum protective measures required to address the legitimate fears and concerns of the witnesses; 7
CONSIDERING that the redactions sought in the Third Motion will not preclude the Defence from requesting disclosure of the redacted information upon a reasonable showing;
CONSIDERING that the situation in the former Yugoslavia, including Bosnia and Herzegovina, remains a hostile and difficult environment for potential witnesses; 8
CONSIDERING therefore that, in accordance with Rule 69(A) of the Rules, exceptional circumstances have been shown;
ORDERS pursuant to Rules 54, 69(A) and 75(A) of the Rules that:
1) in respect of the material already disclosed by the Prosecution, the disclosure be accepted as a sufficient compliance with Rule 66(A)(i), notwithstanding the unauthorised redaction of identifying information from the material disclosed,
2) the Prosecution may redact from statements, affidavits of potential witnesses or other documents which are to be disclosed to the Defence:
(a) any information which discloses the current whereabouts of the maker of any such document and/or his or her family;
(b) any information contained within such documents which discloses the current whereabouts of other individuals named within them who have made witness statements which the Prosecution intends to disclose;
(c) any information contained within such documents which discloses the current whereabouts of other individuals who are named in such documents, other than those individuals who are described in any document as having been present at any of those events referred to in the documents which are or which may be relevant to the issues in the trial; and
(d) the personal identification number given to citizens of the former Yugoslavia which appears on statements taken by the Bosnian authorities.
3) nothing herein shall preclude the Defence from requesting full disclosure of the material mentioned above, including Rule 66(A)(i) material, upon a reasonable showing.
4) nothing herein shall preclude any party or person from seeking such other or additional protective measures or measures as may be appropriate concerning a potential witness, or other evidence.
Data Source: un
Moldova statement -- Programme of Assistance -- Sixth Committee (Legal) — 76th session
PERMANENT MISSION OF THE REPUBLIC OF MOLDOVA
TO THE UNITED NATIONS
by the delegation of the Permanent Mission of the Republic of Moldova
delivered by Ms Augustina ȘIMAN
on item 81 – United Nations Programme of Assistance in the Teaching, Study,
Dissemination and Wider Appreciation of International Law – of the Sixth Committee of
the United Nations General Assembly
New York, 21st of October 2021
The Republic of Moldova aligns itself with the statement of the European Union delivered under
the current agenda item. Further I would like to add a few remarks from a national perspective.
(...) We would like to express our concern regarding this varying approach, taking into account the
declining statistical interest for the training programs in the pandemic circumstances. I shall
enumerate the following examples based on the previous Reports: in the 75th session Report it
was indicated that 135 candidates from Asia and Pacific countries expressed interest in the
Regional Course, and in this year’s report we see a number of 92 candidates; Similarly, the 74th
session report indicated the interest of 173 candidates from Latin America and Carribbean for the
Regional Course from, then in the 75th session report just 80 candidates from the same regional
group, and now the Office of Legal Affaires received just 32 applications; But probably, the
most considerable impact that the pandemic has had is on the notorious International Law
Fellowship Programme – with 808 applicants (as mentioned in the Report of the 74th session),
433 applicants (as mentioned in the Report of the 75th session), and 150 applicants (as mentioned
in the current report).
(...) As a
country that benefits from the International Law Fellowship Programme, as well as from the
resources of the UN Audiovisual Library, we value the possibility of expanding the
understanding of international law of the current and future interested generations of
international law practitioners and academia.
Data Source: un