Cause for Celebration - Open Letter to UN Retirees

OPEN LETTER (V) TO THE UN RETIREES (1/3 LUMP SUM RECIPIENTS):

2010 – THE YEAR OF RECKONING?

Dear Colleagues:

At a time when the world is short of causes for celebration, here comes a candidate.

It appears that UN Disputes Tribunal (born 1 July 2009) has already cleared no less than 96 cases by the time the year 2009 came to a close! A record of sort!!

Having used this mode of communication to talk to the retiree colleagues and report on the state of affairs regarding our common cause appeal (Case # UNAT 2009-001), let us now bring you up to date on the so called further developments:

1. While our Common Cause Appeal # UNAT 2009-001 has long been submitted (27 Aug/30 Sept 2009) and Respondent’s (UNJSPF) reply received by 28 Oct 2009, we have not heard any news as to when our common cause appeal will be reviewed/hearing scheduled.

2. The official website of the UNAT & UNDT (UN Office of Administration of Justice – www.un.org/en/internaljustice) is seen being built with additional information made available on the internet.

3. Recent addition in the website is the listing (or shopping list) of cases considered by UNDT between July and December 2009. There are about 96 decisions/judgements (UNDT/2009/01 to 96); some of the cases were transferred from the earlier avatar JAB. Also, never mind the list misses out at least two cases (UNDT/2009-61 & 62).

4. Have reviewed a good randomised sample of 50 cases/decisions/judgements with the following findings:

(a) Most of the cases related to appointments, non-renewal of appointments and extension.

(b) 28 cases were rejected; five cases were recommended for mediation/management evaluation; four cases where further submissions were allowed for consideration or full hearing of the case was recommended; three cases where compensation was recommended; a number of cases were rejected because of procedural lapses.

(c) There was a case of sexual harassment and cultural insensitivity involving chief of office, incl a local police complaint by the national staff. Probably due to the uncomfortable nature of the case, mediation and resolution by mutual agreement was recommended. However, no compensation for local costs, nor any news what has finally happened. (Maybe the official is now enjoying a great retirement and/or maybe re-employed as consultant/advisor – the usual revolving door policy or the worldly wisdom: politics is the science and art of the possible!)

(d) Almost in all complaints about non-renewal, non-promotion, and HR related, it appears that the UNDT had had little influence on the management’s judgement and/or decision. The best the UNDT could do even in those cases of apparent abuse of authority, only some form of compensation could be offered.

(e) Right now there is no information on the results of several mediation efforts recommended.

(f) There seems a tendency to accept the management argument/contentions at face value; in other words, UNDT may not be able to do any special independent investigation into such matters, again without calling for help from the management itself!? This may also mean: UNDT’s capacity may be limited by design.

(g) In one case, the competence and independence of the JAB/UNDT judges were seen questioned, but no resolution!

(h) In one or two cases, the counsels for the staff were allowed to withdraw.

(i) There was at least one instance where UNDT had to make some modifications/corrections to his/her earlier oral judgement when the same was rendered into written words.

5. Based on these findings, maybe some observations are possible:

5.1 Since the UN staffs have neither recourse to the independent national judicial process nor any “real” legal defence support, they have to contend with the best of the worst situation at hand. Maybe this caused a majority of cases being rejected outright; or can we say that the UNDT decisions tend to favour management practices without any benefit of doubt to other side.

5.2 Seen from another angle, complaining staff may have been ill-informed, ill-equipped and ill-prepared in the pursuit of justice. This may be a reflection on the quality of staff recruited/trained and being brought into system in the first place or there are remediable gaps in the HRM practices and other internal systems.

6. If the new avatar UNDT & UNAT should have any impact in improving the internal justice system and to enhance quality assurance and standards (e.g. transparency, independence, open objectivity, fairness, equity and accountability), we need to see some real breakthroughs in the following areas:

(a) Close monitoring & evaluation of the functioning of the UNDT and UNAT processes and reports prepared every six months and place such findings on public domain;

(b) We need to keep remembering the socially inspired justice template: justice should be seen and should be seen to be done; many a culprit might escape the net, but not single innocent should be punished;

(c) This monitoring and evaluation should be done, inter alia, in the context of norms described in the UN Charter and the Universal Declaration of Human Rights;

(d) A matrix of lessons learnt thru the cases processed by UNDT & UNAT and follow up actions recommended, together with an “action taken report” should be available in the public domain – at least twice a year.

(e) An efficient and effective mechanism to review regularly the performance of the UNDT/UNAT judges incl. their judicial erudition, mental propensities, biases, prejudices, etc. These are the most important aspects since the judges are appointed by the UN GA and no one else has any supervisory control nor any one person/group/committee seems entitled to judge the quality of their performance.

(f) Last but not the least, an effective and sufficient budgetary allocation should be in place to ensure that the new reformed internal justice system is not under-nourished, under-funded and handicapped, and do not suffer from the same kind of resource crunch that afflicted its earlier incarnations.

7. The noble laureate, Amartya Sen, in his latest book “The Idea of Justice” argues that “justice” cannot remain only as an ideal and beyond our grasp, but should actually guide our practical decisions and enhance our lives and faith in/on the system. If this is so, then UNAT and UNDT should be seen qualified/deserving to become beacon of our hopes and should facilitate a holistic approach to the decision-making (both the management and staff have responsibilities too in this area) and help remove at least most of the remediable injustices in the system and also in the convoluted human minds managing/manipulating/controlling the system.

Jai Ho!

S.P. Sundaram/V.Muthuswami/G.S. Srinivasan

Joint appellants of the Common Cause Appeal (case # UNAT 2009-001)

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Letter to UN Retirees on Common Cause

Letter to UN Retirees on Common Cause

TED: Ideas worth spreading

TED: Ideas worth spreading

Among many great things that can be learnt from ancient Eastern Wisdom is to gain an understanding for the following human fundamentals:

1. Who are we and why are we here?
2. What is the nature of human nature?
3. How and why should we be related to the planet on which we live?
4. How are we to live together satisfactorily and sensibly?
5. How are we to develop our individual potentialities?
and finally,
6. What is the relationship between living beings and nature, and how we nurture this relationship(?), so that we can validate our understanding to the question # (1) above.

One of the best choices for the UN retirees (or for that matter any retiree) to rediscover himself/herself and to strengthen our understanding and activity is by honestly answering the above questions.
Perhaps, exposure to or participation in the TED group (http://www.Ted.com/) could help to discover ourselves and spread the right message(s) for right living.
Jai Ho!
V.Muthuswami/Chennai, India

OPEN LETTER TO UN RETIREES (1/3 LUMP SUM RECIPIENTS)

Dear UN Retirees (who are 1/3 lump recipients)

Probably some of you are aware that a number of retirees submitted a common cause appeal to the Standing Committee of the UNJSPB requesting restoration of full pension once the lump-sum amount + interest get fully recovered by UNJSPF in about 11-13 year period, thus ensuring equity among all pensioners. The Standing Committee turned down the request without even bothering to hear any of the appellants (a requirement under UN Disputes Tribunal) and decreed that the reduced pension shall remain for life.

Disappointed and not convinced of the justifiability of the decision, we have now filed a common cause appeal at the UN Appeals Tribunal as its inaugural case (Case # UNAT 2009-001) of its coming into being with a promise to uphold true justice. Have also appealed for oral hearing when the UNAT is ready to review the case.

Our appeal is based inter alia on the following principles:

1) As UN agency, UNJSPF regulations, rules and procedures/methods should remain consistent with the foundational principles of the UN, viz. UN Charter and UDHR (especially relevant to equity, fairness and Justice).

2) Nowhere in these regulations, forms et al, is there any explicit clause, statement or any mention to indicate life time denial of full pension (for 1/3 lump sum recipients). Is this not a very important element of any rule that should not be left for speculation?

3) Pension commutation being a usual procedure in civil service pension schemes, the provision to "commute" - meaning exchange or substitute for another - cannot remain open-ended for life but specifically quantified and articulated. This is not the case with UNJSPF regulations.

4) Since the lump sum is recovered by way of reduced monthly pension - what should this requirement be called except "indebtedness to the Pension Fund"? Is this indebtedness any different from any money owed to the Pension Fund under Article 43? If this indebtedness is in any manner different , then why is it not finding a separate/special mention in this Article 43?

5) Once the indebtedness to Pension Fund is fully paid, then why should not all pensioners be treated on the basis of equity? Is it something that the lump sum recipients have no business to remain alive beyond the originally estimated actuarial age of life expectancy? Is it not a "remediable injustice" that can be eliminated with reason and good governance?

6) Even the premature death of beneficiaries before they had repaid the lump sum does not drain the fund, since, had they lived their full life, they would have drawn the two-third pension, which is more than the one-third which the Fund doesn't get.

7) Contrary to imagined concerns, by restoring full pension to 1/3 lump sum recipients, no one, i.e., those who did not take the lump sum, will not lose one penny.

8) Under the present procedure, the Fund stands to gain an unconscionable amount of gains -- at the expense of a group of beneficiaries -- against all principles of fairness and morality.

9) Not confusing the above fundamentals with other fiduciary and economic issues, the real "remediable injustice" can always be addressed within the economic and other operational framework, without sacrificing basics - equity, fairness and justice.

Our hope and prayer is that our common cause appeal will be heard expeditiously and real justice is rendered in the not too distant future.

Please do share your comments and views as these could be of help should there be an opportunity (which we have requested) of arguing our common cause appeal.

S.P. Sundaram/V.Muthuswami/G.S.Srinivasan - Chennai, India
Appellants of the Common Cause Appeal and also

on behalf of UN retirees who value life and life's values
email: vmuthuswami@gmail.com; vmuthuswami@hotmail.com

UN General Assembly : A/RES/63/253 - Statutes of UN Disputes Tribunal & UN Appeals Tribunal

Notes: Official website of UNAT still displays the old statute of the former UN Admin. Tribunal. Until it gets updated, you are welcome to refer to the "mother" document here. However, for full text of UN Gen. Assembly Resolution, please "google" UN Document # A/RES/63/253.

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Annex I

Statute of the United Nations Dispute Tribunal

Article 1

A tribunal is established by the present statute as the first instance of the twotier

formal system of administration of justice, to be known as the United Nations

Dispute Tribunal.

Article 2

1. The Dispute Tribunal shall be competent to hear and pass judgement on an

application filed by an individual, as provided for in article 3, paragraph 1, of the

present statute, against the Secretary-General as the Chief Administrative Officer of

the United Nations:

(a) To appeal an administrative decision that is alleged to be in noncompliance

with the terms of appointment or the contract of employment. The terms

“contract” and “terms of appointment” include all pertinent regulations and rules

and all relevant administrative issuances in force at the time of alleged

non-compliance;

(b) To appeal an administrative decision imposing a disciplinary measure;

(c) To enforce the implementation of an agreement reached through

mediation pursuant to article 8, paragraph 2, of the present statute.

2. The Dispute Tribunal shall be competent to hear and pass judgement on an

application filed by an individual requesting the Dispute Tribunal to suspend, during

the pendency of the management evaluation, the implementation of a contested

administrative decision that is the subject of an ongoing management evaluation,

where the decision appears prima facie to be unlawful, in cases of particular

urgency, and where its implementation would cause irreparable damage. The

decision of the Dispute Tribunal on such an application shall not be subject to

appeal.

3. The Dispute Tribunal shall be competent to permit or deny leave to an

application to file a friend-of-the-court brief by a staff association.

4. The Dispute Tribunal shall be competent to permit an individual who is

entitled to appeal the same administrative decision under paragraph 1 (a) of the

present article to intervene in a matter brought by another staff member under the

same paragraph.

5. The Dispute Tribunal shall be competent to hear and pass judgement on an

application filed against a specialized agency brought into relationship with the

United Nations in accordance with the provisions of Articles 57 and 63 of the

Charter of the United Nations or other international organization or entity

established by a treaty and participating in the common system of conditions of

service, where a special agreement has been concluded between the agency,

organization or entity concerned and the Secretary-General of the United Nations to

accept the terms of the jurisdiction of the Dispute Tribunal, consonant with the

present statute. Such special agreement shall provide that the agency, organization

or entity concerned shall be bound by the judgements of the Dispute Tribunal and be

responsible for the payment of any compensation awarded by the Dispute Tribunal

in respect of its own staff members and shall include, inter alia, provisions

concerning its participation in the administrative arrangements for the functioning

of the Dispute Tribunal and concerning its sharing of the expenses of the Dispute

Tribunal. Such special agreement shall also contain other provisions required for the

Dispute Tribunal to carry out its functions vis-à-vis the agency, organization or

entity.

6. In the event of a dispute as to whether the Dispute Tribunal has competence

under the present statute, the Dispute Tribunal shall decide on the matter.

7. As a transitional measure, the Dispute Tribunal shall be competent to hear and

pass judgement on:

(a) A case transferred to it from a joint appeals board or a joint disciplinary

committee established by the United Nations, or from another similar body

established by a separately administered fund or programme;

(b) A case transferred to it from the United Nations Administrative Tribunal;

as decided by the General Assembly.

Article 3

1. An application under article 2, paragraph 1, of the present statute may be filed

by:

(a) Any staff member of the United Nations, including the United Nations

Secretariat or separately administered United Nations funds and programmes;

(b) Any former staff member of the United Nations, including the United

Nations Secretariat or separately administered United Nations funds and

programmes;

(c) Any person making claims in the name of an incapacitated or deceased

staff member of the United Nations, including the United Nations Secretariat or

separately administered United Nations funds and programmes.

2. A request for a suspension of action under article 2, paragraph 2, of the present

statute may be filed by an individual, as provided for in paragraph 1 of the present

article.

Article 4

1. The Dispute Tribunal shall be composed of three full-time judges and two

half-time judges.

2. The judges shall be appointed by the General Assembly on the recommendation

of the Internal Justice Council in accordance with Assembl y resolution 62/228. No

two judges shall be of the same nationality. Due regard shall be given to

geographical distribution and gender balance.

3. To be eligible for appointment as a judge, a person shall:

(a) Be of high moral character; and

(b) Possess at least 10 years of judicial experience in the field of

administrative law, or the equivalent within one or more national jurisdictions.

4. A judge of the Dispute Tribunal shall be appointed for one non-renewable term

of seven years. As a transitional measure, two of the judges (one full-time judge and

one half-time judge) initially appointed, to be determined by drawing of lots, shall

serve three years and may be reappointed to the same Dispute Tribunal for a further

non-renewable term of seven years. A current or former judge of the United Nations

Appeals Tribunal shall not be eligible to serve in the Dispute Tribunal.

5. A judge of the Dispute Tribunal appointed to replace a judge whose term of

office has not expired shall hold office for the remainder of his or her predecessor ’s

term, and may be reappointed for one non-renewable term of seven years, provided

that the unexpired term is less than three years.

6. A judge of the Dispute Tribunal shall not be eligible for any appointment

within the United Nations, except another judicial post, for a period of five years

following his or her term of office.

7. The Dispute Tribunal shall elect a President.

8. A judge of the Dispute Tribunal shall serve in his or her personal capacity and

enjoy full independence.

9. A judge of the Dispute Tribunal who has, or appears to have, a conflict of

interest shall recuse himself or herself from the case. Where a party requests such

recusal, the decision shall be taken by the President of the Dispute Tribunal.

10. A judge of the Dispute Tribunal may only be removed by the General

Assembly in case of misconduct or incapacity.

11. A judge of the Dispute Tribunal may resign, by notifying the General

Assembly through the Secretary-General of the United Nations. The resignation

shall take effect from the date of notification, unless the notice of resignation

specifies a later date.

Article 5

The three full-time judges of the Dispute Tribunal shall exercise their functions in

New York, Geneva and Nairobi, respectively. However, the Dispute Tribunal may

decide to hold sessions at other duty stations, as required by its caseload.

Article 6

1. The Secretary-General of the United Nations shall make the administrative

arrangements necessary for the functioning of the Dispute Tribunal, including

provisions for the travel and related costs of staff whose physical presence before

the Dispute Tribunal is deemed necessary by the Dispute Tribunal and for judges to

travel as necessary to hold sessions at other duty stations.

2. The Registries of the Dispute Tribunal shall be established in New York,

Geneva and Nairobi, each consisting of a Registrar and such other staff as

necessary.

3. The expenses of the Dispute Tribunal shall be borne by the United Nations.

4. Compensation ordered by the Dispute Tribunal shall be paid by the United

Nations Secretariat or separately administered United Nations funds and

programmes, as applicable and appropriate, or by the specialized agency,

organization or entity that has accepted the jurisdiction of the Dispute Tribunal.

Article 7

1. Subject to the provisions of the present statute, the Dispute Tribunal shall

establish its own rules of procedure, which shall be subject to approval by the

General Assembly.

2. The rules of procedure of the Dispute Tribunal shall include provisions

concerning:

(a) Organization of work;

(b) Presentation of submissions and the procedure to be followed in respect

thereto;

(c) Procedures for maintaining the confidentiality and inadmissibility of

verbal or written statements made during the mediation process;

(d) Intervention by persons not party to the case whose rights may be

affected by the judgement;

(e) Oral hearings;

(f) Publication of judgements;

(g) Functions of the Registries;

(h) Procedure for summary dismissal;

(i) Evidentiary procedure;

(j) Suspension of implementation of contested administrative decisions;

(k) Procedure for the recusal of judges;

(l) Other matters relating to the functioning of the Dispute Tribunal.

Article 8

1. An application shall be receivable if:

(a) The Dispute Tribunal is competent to hear and pass judgement on the

application, pursuant to article 2 of the present statute;

(b) An applicant is eligible to file an application, pursuant to article 3 of the

present statute;

(c) An applicant has previously submitted the contested administrative

decision for management evaluation, where required; and

(d) The application is filed within the following deadlines:

(i) In cases where a management evaluation of the contested decision is

required:

a. Within 90 calendar days of the applicant’s receipt of the response

by management to his or her submission; or

b. Within 90 calendar days of the expiry of the relevant response

period for the management evaluation if no response to the request was

provided. The response period shall be 30 calendar days after the submission

of the decision to management evaluation for disputes arising at Headquarters

and 45 calendar days for other offices;

(ii) In cases where a management evaluation of the contested decision is not

required, within 90 calendar days of the applicant’s receipt of the

administrative decision;

(iii) The deadlines provided for in subparagraphs (d) (i) and (ii) of the present

paragraph shall be extended to one year if the application is filed by an y

person making claims in the name of an incapacitated or deceased staff

member of the United Nations, including the United Nations Secretariat or

separately administered United Nations funds and programmes;

(iv) Where the parties have sought mediation of their dispute within the

deadlines for the filing of an application under subparagraph (d) of the present

paragraph, but did not reach an agreement, the application is filed within

90 calendar days after the mediation has broken down in accordance with the

procedures laid down in the terms of reference of the Mediation Division.

2. An application shall not be receivable if the dispute arising from the contested

administrative decision had been resolved by an agreement reached through

mediation. However, an applicant may file an application to enforce the

implementation of an agreement reached through mediation, which shall be

receivable if the agreement has not been implemented and the application is filed

within 90 calendar days after the last day for the implementation as specified in the

mediation agreement or, when the mediation agreement is silent on the matter, after

the thirtieth day from the date of the signing of the agreement.

3. The Dispute Tribunal may decide in writing, upon written request by the

applicant, to suspend or waive the deadlines for a limited period of time and only in

exceptional cases. The Dispute Tribunal shall not suspend or waive the deadlines for

management evaluation.

4. Notwithstanding paragraph 3 of the present article, an application shall not be

receivable if it is filed more than three years after the applicant’s receipt of the

contested administrative decision.

5. The filing of an application shall not have the effect of suspending the

implementation of the contested administrative decision.

6. An application and other submissions shall be filed in any of the official

languages of the United Nations.

Article 9

1. The Dispute Tribunal may order production of documents or such other

evidence as it deems necessary.

2. The Dispute Tribunal shall decide whether the personal appearance of the

applicant or any other person is required at oral proceedings and the appropriate

means for satisfying the requirement of personal appearance.

3. The oral proceedings of the Dispute Tribunal shall be held in public unless the

Dispute Tribunal decides, at its own initiative or at the request of either party, that

exceptional circumstances require the proceedings to be closed.

Article 10

1. The Dispute Tribunal may suspend proceedings in a case at the request of the

parties for a time to be specified by it in writing.

2. At any time during the proceedings, the Dispute Tribunal may order an interim

measure, which is without appeal, to provide temporary relief to either party, where

the contested administrative decision appears prima facie to be unlawful, in cases of

particular urgency, and where its implementation would cause irreparable damage.

This temporary relief may include an order to suspend the implementation of the

contested administrative decision, except in cases of appointment, promotion or

termination.

3. At any time during the deliberations, the Dispute Tribunal may propose to

refer the case to mediation. With the consent of the parties, it shall suspend the

proceedings for a time to be specified by it. If a mediation agreement is not reached

within this period of time, the Dispute Tribunal shall continue with its proceedings

unless the parties request otherwise.

4. Prior to a determination of the merits of a case, should the Dispute Tribunal

find that a relevant procedure prescribed in the Staff Regulations and Rules or

applicable administrative issuances has not been observed, the Dispute Tribunal

may, with the concurrence of the Secretary-General of the United Nations, remand

the case for institution or correction of the required procedure, which, in any case,

should not exceed three months. In such cases, the Dispute Tribunal may order the

payment of compensation for procedural delay to the applicant for such loss as may

have been caused by such procedural delay, which is not to exceed the equivalent of

three months’ net base salary.

5. As part of its judgement, the Dispute Tribunal may order one or both of the

following:

(a) Rescission of the contested administrative decision or specific

performance, provided that, where the contested administrative decision concerns

appointment, promotion or termination, the Dispute Tribunal shall also set an

amount of compensation that the respondent may elect to pay as an alternative to the

rescission of the contested administrative decision or specific performance ordered,

subject to subparagraph (b) of the present paragraph;

(b) Compensation, which shall normally not exceed the equivalent of two

years’ net base salary of the applicant. The Dispute Tribunal may, however, in

exceptional cases order the payment of a higher compensation and shall provide the

reasons for that decision.

6. Where the Dispute Tribunal determines that a party has manifestly abused the

proceedings before it, it may award costs against that party.

7. The Dispute Tribunal shall not award exemplary or punitive damages.

8. The Dispute Tribunal may refer appropriate cases to the Secretary-General of

the United Nations or the executive heads of separately administered United Nations

funds and programmes for possible action to enforce accountability.

9. Cases before the Dispute Tribunal shall normally be considered by a single

judge. However, the President of the United Nations Appeals Tribunal may, within

seven calendar days of a written request by the President of the Dispute Tribunal,

authorize the referral of a case to a panel of three judges of the Dispute Tribunal,

when necessary, by reason of the particular complexity or importance of the case.

Cases referred to a panel of three judges shall be decided by a majority vote.

Article 11

1. The judgements of the Dispute Tribunal shall be issued in writing and shall

state the reasons, facts and law on which they are based.

2. The deliberations of the Dispute Tribunal shall be confidential.

3. The judgements of the Dispute Tribunal shall be binding upon the parties, but

are subject to appeal in accordance with the statute of the United Nations Appeals

Tribunal. In the absence of such appeal, they shall be executable following the

expiry of the time provided for appeal in the statute of the Appeals Tribunal.

4. The judgements of the Dispute Tribunal shall be drawn up in any of the

official languages of the United Nations, in two originals, which shall be deposited

in the archives of the United Nations.

5. A copy of the judgement shall be communicated to each party in the case. The

applicant shall receive a copy in the language in which the application was

submitted unless he or she requests a copy in another official language of the United

Nations.

6. The judgements of the Dispute Tribunal shall be published, while protecting

personal data, and made generally available by the Registry of the Tribunal.

Article 12

1. Either party may apply to the Dispute Tribunal for a revision of an executable

judgement on the basis of the discovery of a decisive fact which was, at the time the

judgement was rendered, unknown to the Dispute Tribunal and to the party applying

for revision, always provided that such ignorance was not due to negligence. The

application must be made within 30 calendar days of the discovery of the fact and

within one year of the date of the judgement.

2. Clerical or arithmetical mistakes, or errors arising therein from any accidental

slip or omission, may at any time be corrected by the Dispute Tribunal, either on its

own motion or on the application of any of the parties.

3. Either party may apply to the Dispute Tribunal for an interpretation of the

meaning or the scope of the final judgement, provided that it is not under

consideration by the Appeals Tribunal.

4. Once a judgement is executable under article 11, paragraph 3, of the present

statute, either party may apply to the Dispute Tribunal for an order for execution of

the judgement if the judgement requires execution within a certain period of time

and such execution has not been carried out.

Article 13

The present statute may be amended by decision of the General Assembly.

Annex II

Statute of the United Nations Appeals Tribunal

Article 1

A tribunal is established by the present statute as the second instance of the two-tier

formal system of administration of justice, to be known as the United Nations

Appeals Tribunal.

Article 2

1. The Appeals Tribunal shall be competent to hear and pass judgement on an

appeal filed against a judgement rendered by the United Nations Dispute Tribunal in

which it is asserted that the Dispute Tribunal has:

(a) Exceeded its jurisdiction or competence;

(b) Failed to exercise jurisdiction vested in it;

(c) Erred on a question of law;

(d) Committed an error in procedure, such as to affect the decision of the

case; or

(e) Erred on a question of fact, resulting in a manifestly unreasonable

decision.

2. An appeal may be filed by either party (i.e., the applicant, a person making

claims in the name of an incapacitated or deceased applicant, or the respondent) to a

judgement of the Dispute Tribunal.

3. The Appeals Tribunal may affirm, reverse, modify or remand the judgement of

the Dispute Tribunal. It may also issue all orders necessary or appropriate in aid of

its jurisdiction and consonant with the present statute.

4. In cases of appeal under paragraph 1 (e) of the present article, the Appeals

Tribunal shall be competent:

(a) To affirm, reverse or modify findings of fact of the Dispute Tribunal on

the basis of substantial evidence in the written record; or

(b) To remand the case to the Dispute Tribunal for additional findings of

fact, subject to paragraph 5 of the present article, if it determines that further

findings of fact are necessary.

5. In exceptional circumstances, and where the Appeals Tribunal determines that

the facts are likely to be established with documentary evidence, including written

testimony, it may receive such additional evidence if that is in the interest of justice

and the efficient and expeditious resolution of the proceedings. Where this is not the

case, or where the Appeals Tribunal determines that a decision cannot be taken

without oral testimony or other forms of non-written evidence, it shall remand the

case to the Dispute Tribunal. The evidence under this paragraph shall not include

evidence that was known to either party and should have been presented at the level

of the Dispute Tribunal.

6. Where the Appeals Tribunal remands a case to the Dispute Tribunal, it may

order that the case be considered by a different judge of the Dispute Tribunal.

7. For the purposes of the present article, “written record” means anything that

has been entered in the formal record of the Dispute Tribunal, including

submissions, evidence, testimony, motions, objections, rulings and the judgement,

and any evidence received in accordance with paragraph 5 of the present article.

8. In the event of a dispute as to whether the Appeals Tribunal has competence

under the present statute, the Appeals Tribunal shall decide on the matter.

9. The Appeals Tribunal shall be competent to hear and pass judgement on an

appeal of a decision of the Standing Committee acting on behalf of the United

Nations Joint Staff Pension Board, alleging non-observance of the regulations of the

United Nations Joint Staff Pension Fund, submitted by:

(a) Any staff member of a member organization of the Pension Fund which

has accepted the jurisdiction of the Appeals Tribunal in Pension Fund cases who is

eligible under article 21 of the regulations of the Fund as a participant in the Fund,

even if his or her employment has ceased, and any person who has acceded to such

staff member’s rights upon his or her death;

(b) Any other person who can show that he or she is entitled to rights under

the regulations of the Pension Fund by virtue of the participation in the Fund of a

staff member of such member organization.

In such cases, remands, if any, shall be to the Standing Committee acting on behalf

of the United Nations Joint Staff Pension Board.

10. The Appeals Tribunal shall be competent to hear and pass judgement on an

application filed against a specialized agency brought into relationship with the

United Nations in accordance with the provisions of Articles 57 and 63 of the

Charter of the United Nations or other international organization or entity

established by a treaty and participating in the common system of conditions of

service, where a special agreement has been concluded between the agency,

organization or entity concerned and the Secretary-General of the United Nations to

accept the terms of the jurisdiction of the Appeals Tribunal, consonant with the

present statute. Such special agreement shall provide that the agency, organization

or entity concerned shall be bound by the judgements of the Appeals Tribunal and

be responsible for the payment of any compensation awarded by the Appeals

Tribunal in respect of its own staff members and shall include, inter alia, provisions

concerning its participation in the administrative arrangements for the functioning

of the Appeals Tribunal and concerning its sharing of the expenses of the Appeals

Tribunal. Such special agreement shall also contain other provisions required for the

Appeals Tribunal to carry out its functions vis-a-vis the agency, organization or

entity. Such special agreement may only be concluded if the agency, organization or

entity utilizes a neutral first instance process that includes a written record and a

written decision providing reasons, fact and law. In such cases remands, if any, shall

be to the first instance process of the agency, organization or entity.

Article 3

1. The Appeals Tribunal shall be composed of seven judges.

2. The judges shall be appointed by the General Assembly on the

recommendation of the Internal Justice Council in accordance with General

Assembly resolution 62/228. No two judges shall be of the same nationality. Due

regard shall be given to geographical distribution and gender balance.

3. To be eligible for appointment as a judge, a person shall:

(a) Be of high moral character; and

(b) Possess at least 15 years of judicial experience in the field of

administrative law, or the equivalent within one or more national jurisdictions.

4. A judge of the Appeals Tribunal shall be appointed for one non-renewable

term of seven years. As a transitional measure, three of the judges initially

appointed, to be determined by drawing of lots, shall serve three years and may be

reappointed to the same Appeals Tribunal for a further non-renewable term of seven

years. A current or former judge of the Dispute Tribunal shall not be eligible to

serve in the Appeals Tribunal.

5. A judge of the Appeals Tribunal appointed to replace a judge whose term of

office has not expired shall hold office for the remainder of his or her predecessor ’s

term and may be reappointed for one non-renewable term of seven years, provided

that the unexpired term is less than three years.

6. A judge of the Appeals Tribunal shall not be eligible for any appointment

within the United Nations, except another judicial post, for a period of five years

following his or her term of office.

7. The Appeals Tribunal shall elect a President and two Vice-Presidents.

8. A judge of the Appeals Tribunal shall serve in his or her personal capacity and

enjoy full independence.

9. A judge of the Appeals Tribunal who has, or appears to have, a con flict of

interest shall recuse himself or herself from the case. Where a party requests such

recusal, the decision shall be taken by the President of the Appeals Tribunal.

10. A judge of the Appeals Tribunal may only be removed by the General

Assembly in case of misconduct or incapacity.

11. A judge of the Appeals Tribunal may resign, by notifying the General

Assembly through the Secretary-General of the United Nations. The resignation

shall take effect from the date of notification, unless the notice of resignation

specifies a later date.

Article 4

1. The Appeals Tribunal shall exercise its functions in New York. However, it

may decide to hold sessions in Geneva or Nairobi, as required by its caseload.

2. The Appeals Tribunal shall hold ordinary sessions at dates to be fixed by its

rules of procedure, subject to the determination of its President that there is a

sufficient number of cases to justify holding the session.

3. Extraordinary sessions may be convoked by the President, as required by the

caseload.

Article 5

1. The Secretary-General of the United Nations shall make the administrative

arrangements necessary for the functioning of the Appeals Tribunal, including

provisions for the travel and related costs of staff whose physical presence before

the Appeals Tribunal is deemed necessary by the Appeals Tribunal and for judges to

travel as necessary to hold sessions in Geneva and Nairobi.

2. The Registry of the Appeals Tribunal shall be established in New York. It shall

consist of a Registrar and such other staff as necessary.

3. The expenses of the Appeals Tribunal shall be borne by the United Nations.

4. Compensation ordered by the Appeals Tribunal shall be paid by the United

Nations Secretariat or separately administered United Nations funds and

programmes, as applicable and appropriate, or by the specialized agency,

organization or entity that has accepted the jurisdiction of the Appeals Tribunal.

Article 6

1. Subject to the provisions of the present statute, the Appeals Tribunal shall

establish its own rules of procedure, which shall be subject to approval by the

General Assembly.

2. The rules of procedure of the Appeals Tribunal shall include provisions

concerning:

(a) Election of the President and Vice-Presidents;

(b) Composition of the Appeals Tribunal for its sessions;

(c) Organization of work;

(d) Presentation of submissions and the procedure to be followed in respect

thereto;

(e) Procedures for maintaining the confidentiality and inadmissibility of

verbal or written statements made during the mediation process;

(f) Intervention by persons not party to the case whose rights may have been

affected by the judgement of the Dispute Tribunal and whose rights might therefore

also be affected by the judgement of the Appeals Tribunal;

(g) The filing of friend-of-court briefs, upon motion and with the permission

of the Appeals Tribunal;

(h) Oral proceedings;

(i) Publication of judgements;

(j) Functions of the Registry;

(k) Procedure for the recusal of judges;

(l) Other matters relating to the functioning of the Appeals Tribunal.

Article 7

1. An appeal shall be receivable if:

(a) The Appeals Tribunal is competent to hear and pass judgement on the

appeal, pursuant to article 2, paragraph 1, of the present statute;

(b) The appellant is eligible to file the appeal, pursuant to article 2,

paragraph 2, of the present statute; and

(c) The appeal is filed within 45 calendar days of the receipt of the

judgement of the Dispute Tribunal or, where the Appeals Tribunal has decided to

waive or suspend that deadline in accordance with paragraph 3 of the present article,

within the period specified by the Appeals Tribunal.

2. For purposes of applications alleging non-observance of the regulations of the

United Nations Joint Staff Pension Fund arising out of a decision of the United

Nations Joint Staff Pension Board, an application shall be receivable if filed within

90 calendar days of receipt of the Board’s decision.

3. The Appeals Tribunal may decide in writing, upon written request by the

applicant, to suspend or waive the deadlines for a limited period of time and only in

exceptional cases. The Appeals Tribunal shall not suspend or waive the deadlines

for management evaluation.

4. Notwithstanding paragraph 3 of the present article, an application shall not be

receivable if it is filed more than one year after the judgement of the Dispute

Tribunal.

5. The filing of appeals shall have the effect of suspending the execution of the

judgement contested.

6. An appeal and other submissions shall be filed in any of the official languages

of the United Nations.

Article 8

1. The Appeals Tribunal may order production of documents or such other

evidence as it deems necessary, subject to article 2 of the present statute.

2. The Appeals Tribunal shall decide whether the personal appearance of the

appellant or any other person is required at oral proceedings and the appropriate

means to achieve that purpose.

3. The judges assigned to a case will determine whether to hold oral proceedings.

4. The oral proceedings of the Appeals Tribunal shall be held in public unless the

Appeals Tribunal decides, at its own initiative or at the request of either party, that

exceptional circumstances require the proceedings to be closed.

Article 9

1. The Appeals Tribunal may order one or both of the following:

(a) Rescission of the contested administrative decision or specific

performance, provided that, where the contested administrative decision concerns

appointment, promotion or termination, the Appeals Tribunal shall also set an

amount of compensation that the respondent may elect to pay as an alternative to the

rescission of the contested administrative decision or specific performance ordered,

subject to subparagraph (b) of the present paragraph;

(b) Compensation, which shall normally not exceed the equivalent of two

years’ net base salary of the applicant. The Appeals Tribunal may, however, in

exceptional cases order the payment of a higher compensation and shall provide the

reasons for that decision.

2. Where the Appeals Tribunal determines that a party has manifestly abused the

appeals process, it may award costs against that party.

3. The Appeals Tribunal shall not award exemplary or punitive damages.

4. At any time during the proceedings, the Appeals Tribunal may order an interim

measure to provide temporary relief to either party to prevent irreparable harm and

to maintain consistency with the judgement of the Dispute Tribunal.

5. The Appeals Tribunal may refer appropriate cases to the Secretary-General of

the United Nations or executive heads of separately administered United Nations

funds and programmes for possible action to enforce accountability.

Article 10

1. Cases before the Appeals Tribunal shall normally be reviewed by a panel of

three judges and shall be decided by a majority vote.

2. Where the President or any two judges sitting on a particular case consider that

the case raises a significant question of law, at any time before judgement is

rendered, the case may be referred for consideration by the whole Appeals Tribunal.

A quorum in such cases shall be five judges.

3. The judgements of the Appeals Tribunal shall be issued in writing and shall

state the reasons, facts and law on which they are based.

4. The deliberations of the Appeals Tribunal shall be confidential.

5. The judgements of the Appeals Tribunal shall be binding upon the parties.

6. The judgements of the Appeals Tribunal shall be final and without appeal,

subject to the provisions of article 11 of the present statute.

7. The judgements of the Appeals Tribunal shall be drawn up in any of the

official languages of the United Nations, in two originals, which shall be deposited

in the archives of the United Nations.

8. A copy of the judgement shall be communicated to each party in the case. The

applicant shall receive a copy in the language in which the appeal was submitted

unless he or she requests a copy in another official language of the United Nations.

9. The judgements of the Appeals Tribunal shall be published, while protecting

personal data, and made generally available by the Registry of the Tribunal.

Article 11

1. Subject to article 2 of the present statute, either party may apply to the Appeals

Tribunal for a revision of a judgement on the basis of the discovery of a decisive

fact which was, at the time the judgement was rendered, unknown to the Appeals

Tribunal and to the party applying for revision, always provided that such ignorance

was not due to negligence. The application must be made within 30 calendar days of

the discovery of the fact and within one year of the date of the judgement.

2. Clerical or arithmetical mistakes, or errors arising therein from any accidental

slip or omission, may at any time be corrected by the Appeals Tribunal, either on its

own motion or on the application of any of the parties.

3. Either party may apply to the Appeals Tribunal for an interpretation of the

meaning or scope of the judgement.

4. Where the judgement requires execution within a certain period of time and

such execution has not been carried out, either party may apply to the Appeals

Tribunal for an order for execution of the judgement.

Article 12

The present statute may be amended by decision of the General Assembly.

END