From: Venkatarama MUTHUSWAMI <vmuthuswami@gmail.com>Date: Wed, Mar 4, 2009 at 8:15 AMSubject: Seeking information from UNJSPF - Ref: Universal Declaration of Human Rights - Articles 19 & 28To: UN PENSION FUND <unjspf@un.org>, jspfgva@unog.ch, nambiarv@un.org, un@un.orgCc: amcclellan@transparency.org, ti@transparency.org, hrwnyc@hrw.org,
Preamble:
I am a senior world citizen (born in India) and a UN Pensioner. Several of my co-UN pensioners and I have been trying to seek information and clarification on a vital question from the CEO, UN Joint Staff Pension Fund (UNJSPF), New York, without success. Our so-called UN Pensioners Associations in India, operate more as social clubs and seem permanently in a coma stage for any substantive action/follow up.
Hence, it has become necessary to invoke the rights enshrined in the Universal Declaration of Human Rights (UDHR) and sharing copies with the Human Rights Watch, New York and Transparency International, New York & Berlin since they are seen as independent watch dog agencies to ensure civility and accountability in the conduct of human affairs.
At least this time, we hope to get the necessary information and clarification from the CEO, UNJSPF New York.
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Again, this request is made thru the medium of email (see also Article # 19) to ensure cost-effective e-governance, and for environmental considerations to save paper, carbon foot-prints and all other avoidable costs.
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This request is addressed to CEO, UNJSPF, New York, based on the address given in UNJSPF website/public domain; any interference with this email reaching the CEO's attention should also be seen as human rights violation by/of the organisation, who is regarded as the guardian soul-keeper of this universal declaration.
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Respected CEO/UNJSPF:
OHCHR: English (English) - Universal Declaration of Human Rights
Please see Articles 19 & 28, under which we are now seeking information and clarification from you and your office:
Failure to get any reference to the 1/3 Lump Sum payments (calculated on the basis of commuted period) in the UNJSPF regulations, rules, infn booklet, etc. please clarify the following for us:
1) On what basis the 1/3 lump sum was introduced (because the rules and regulations, incl admin rules of the UNJSPF do not make any mention of this procedure);
2) if 1/3 lump sum is offered under CEO's discretionary powers, then why was it not explained in any document, incl the form (we believe, form # E.7, clubbed with different options, which in fact is a kind of misleading without any mention of either the commutation period for calculation of lump-sum nor reinstatement of full pension after the commutation period is available) to be signed by the beneficiary concerned;
3) if 1/3 lump sum is calculated on some formula/basis, then what happens after the commutation period is completed and recovery of the lump sum + interest, if any, has been fully done;
4) why the CEO's discretion to apply the corollary of natural justice, viz. to reinstate the full pension after the commutation period, is not used - what/who is manipulating admin. practices in UNJSPF?
This is critical: The procedure of commuted pension and its restoration after the commuted period are accepted norms and moral standard, as a recognition of past service of civil servants and sign of support to older people, even in developing countries, e.g. India. In many of the court judgements, the pension to the civil servants (like government, UN employees and govt owned institutions) is declared as a "valid right", and does not depend on the sweet pleasure of any official or entity. In many civilised societies, older people are valued and taken care to ensure the flow of their wisdom and experience to newer generations to make this planet earth a better place than what we inherited from previous generation.
5) why & who, if any, has decided not to apply the above principle, and the reason behind this decision.
We sincerely pray and hope that UNJSPF does not wish 1/3 lump sum-recipients NOT to survive beyond actuarial age of life-expectancy.
We would appreciate your early responsible response,
Thank you in advance,
Sincerely,
V. Muthuswami, Chennai, south India (Camp: Escondido, CA USA)
both on his behalf and on behalf of fellow-pensioners in India
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