FICSA Circular 935 2002

FICSA/CIRC/935, Geneva, 17 June 2002

    ACCEPTANCE OF AMENDMENTS TO THE FICSA STATUTES

    New York, 4 and 5 March 2002

    français

  • New, expanded Article 35

  • New Articles 37 and 38

  • Revised Article 40 (formerly Article 38)

    •
    1. According to Article 41 of the FICSA Statutes, any amendments adopted by the Council "shall come into force upon their acceptance in writing by two thirds of the Members".

    2. At its 55th session, the Council adopted the following: a new expanded Article 35, new Articles 37 and 38 and a revised Article 40 (Article 38 before the insertion of the 2 new articles).

    3. Please note that the amendments were adopted in English only and are hereby submitted for acceptance by full members.

    4. Kindly return the following form, duly completed, to the FICSA Secretariat by no later than 19 July 2002.

     

    The Staff Association/Union of: ___________________________________

    accepts / does not accept*

    the revisions to Articles 35 and 40 (formerly Article 38) and the addition of new Articles 37 and 38 of the FICSA Statutes as amended by the 55th FICSA Council.

    ____________________________

    Signature

    ____________________________

    Date

    _____________

    * Strike out one.



     

     

     

    List of Contents
    STATUTES
    Chapter 1 HEADQUARTERS
    Chapter II PURPOSES AND FUNCTIONS
    Chapter III MEMBERSHIP
    Chapter IV ASSOCIATE MEMBERSHIP
    Chapter V CONSULTATIVE STATUS
    Chapter VI OBSERVER STATUS
    Chapter VII SPECIAL STATUS
    Chapter VIII ORGANS OF THE FEDERATION
    Chapter IX FINANCES
    Chapter X ENTRY INTO FORCE
    Chapter XI AMENDMENTS
    Chapter XII DEPOSIT OF THE STATUTES


    FEDERATION OF INTERNATIONAL CIVIL SERVANTS' ASSOCIATIONS (FICSA)

    STATUTES

    (Revised effective …………….. 2002)

    As adopted by the 54th Session of the FICSA Council,
    PAHO/WHO, Washington, 4 to 8 February 2002

    Preamble

    THE STAFF ASSOCIATIONS/UNIONS OF THE ORGANISATIONS BELONGING TO THE UNITED NATIONS FAMILY,

    Desiring to promote the harmonious development of an international civil service inspired by the greatest impartiality, integrity and devotion to the cause of international co-operation,

    Aware of the interests of international civil servants, and also of those of the organisations belonging to the United Nations family,

    Have agreed to co-ordinate their efforts and, to this end, to establish a Federation, the Statutes of which are set forth below.

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  • Chapter I HEADQUARTERS
  • Article 1
    The FEDERATION OF INTERNATIONAL CIVIL SERVANTS' ASSOCIATIONS (hereinafter called the "Federation") shall have its headquarters at Geneva, Switzerland.

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  • Chapter II PURPOSES AND FUNCTIONS
  • Article 2
    The purpose of the Federation shall be to promote amongst its member staff associations/unions (hereinafter called the "Members") and associate staff associations/unions (hereinafter called the "Associates") the exchange of information and views on all questions of common interest, the co-ordination of their activities, and to represent its Members in negotiations with bodies of the United Nations common system in order to:

    1. Ensure the closest co-operation at all levels, with the aim of achieving the purposes set forth in the Charter of the United Nations;

    2. Promote the development of the international civil service and the defence of its independence, in accordance with the relevant constitutional provisions and the staff regulations of the respective organisations;

    3. Defend the interests of international civil servants, with due regard for the international standards on human rights, proclaimed or reaffirmed by the organisations in the United Nations system, including international labour standards.

  • Article 3
    At the request of a Member or Associate and subject to the provisions of Article 19, the Federation shall take any action its considers desirable in the common interest.

  • Article 4
    The Federation shall provide advice and assistance to Members which wish to organise themselves in regional or other groups.

  • Article 5
    The Federation shall represent its Members in relations with common system bodies, executive or advisory, set up within the United Nations family, without prejudice to a Member's rights to appear before or communicate with such bodies.

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  • Chapter III MEMBERSHIP
  • Article 6
    The membership of the Federation shall be constituted by the staff associations/unions of organisations belonging to the United Nations family, or applying the terms and conditions of service of the United Nations common system, and by the staff associations/unions of regional offices of any of these organisations, which:

    1. Possess legislative organs consisting of elected representatives;

    2. Accept these Statutes in writing and undertake to respect them.

  • Article 7
    The application for membership, properly substantiated, shall be addressed to the Executive Committee. Approval of application shall require a decision of the Council by a two-thirds majority of votes cast, in the light of a recommendation by the Executive Committee.

  • Article 8
    A Member wishing to withdraw from the Federation shall give notice in writing to the Executive Committee. Withdrawal shall become effective six months after the notice has been received, without prejudice to the duty of the withdrawing Member to pay all outstanding dues and to fulfil all outstanding obligations to the Federation. The Executive Committee shall inform all Members and Associates of any such notice of withdrawal.

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  • Chapter IV ASSOCIATE MEMBERSHIP
  • Article 9
    Associate membership of the Federation shall be constituted by the staff associations/unions of international organisations not belonging to the United Nations family and not applying the terms and conditions of service of the United Nations common system which:

    1. Possess legislative organs consisting of elected representatives;

    2. Accept these Statutes in writing and undertake to respect them.

  • Article 10
    The application for associate membership, properly substantiated, shall be addressed to the Executive Committee. Approval of application shall require a decision of the Council by a two-thirds majority of votes cast, in the light of a recommendation by the Executive Committee.

  • Article 11
    An Associate wishing to withdraw from the Federation shall give notice in writing to the Executive Committee. Withdrawal shall become effective six months after the notice has been received, without prejudice to the duty of the withdrawing Associate to pay all outstanding dues and to fulfil all outstanding obligations to the Federation. The Executive Committee shall inform all Members and Associates of any such notice of withdrawal.

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  • Chapter V CONSULTATIVE STATUS
  • Article 12
    Consultative status with the Federation may be granted by the Council, on the recommendation of the Executive Committee, to associations/unions of actively employed or retired international civil servants and to similar bodies which do not fulfil the conditions stated in Article 6 but whose aims are similar to those of the Members of the Federation.

  • Article 13
    The rights and obligations deriving from consultative status shall be defined by the Council of the Federation, on the recommendation of the Executive Committee.

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  • Chapter VI OBSERVER STATUS
  • Article 14
    Observer status with the Federation may be granted by the Council, on the recommendation of the Executive Committee, to local interorganisational federations, upon their request.

  • Article 15
    The rights and obligations deriving from observer status shall be defined by the Council of the Federation, on the recommendation of the Executive Committee.

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  • Chapter VII SPECIAL STATUS
  • Article 16
    Special status with the Federation may be granted by the Council for a period of one year to associations/unions that are potential Members. This status may be renewed once for an additional year by the Council at its next regular session.

  • Article 17
    The rights and obligations deriving from special status shall be defined by the Council of the Federation, on the recommendation of the Executive Committee.

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  • Chapter VIII ORGANS OF THE FEDERATION
  • Article 18
    The Federation shall act through the Council and the Executive Committee.

    The Council

  • Article 19
    1. The Council shall be the highest organ of the Federation. Each Member shall be represented on the Council.

    2. Each Associate shall be represented on the Council, without voting rights.

    3. The Council shall draw up its rules of procedure and the financial rules.

    4. The associations/unions or local interorganisational federations having consultative, observer or special status may send representatives who may participate in discussions without voting rights.

  • Article 20
    1. The Council shall strive to make all decisions by consensus.

    2. In absence of consensus, voting shall take place if requested by one Member and seconded by another Member.

    3. On all matters including elections, in any particular round of voting, the votes shall be counted on the basis of each Member casting:

      1. one vote per Member; and

      2. one vote for each staff member represented by that Member.

    4. Except when a proposal relates to amendment of the Statutes or Rules of Procedure, it shall be deemed approved by the Council when it receives more than half of the votes cast under both paragraph (c)(i) and (ii).

    5. A proposal to amend the Statutes or Rules of Procedure shall be deemed approved by the Council when it receives at least two-thirds of the votes cast under both paragraph (c)(i) and (ii).

  • Article 21
    1. When under Article 20(d) or (e) there is a split simple majority or a split two-thirds majority, as the case may be, the final decision shall be made on the basis of a weighted voting system in which each Member's weighted vote consists of the sum of (1):

      1. the total number of staff represented by all Members of the Federation, divided by the number of Members of the Federation, multiplied by 0.6; plus,

      2. the number of staff represented by the Member, multiplied by 0.4.

    2. Except when the decision referred to in paragraph (a) relates to amendment of the Statutes or Rules of Procedure, it shall be deemed approved by the Council when it receives more than half of the total of all Members' weighted votes cast, as defined in paragraph (a).

    3. A proposal to amend the Statutes or Rules of Procedure shall be deemed approved by the Council when it receives at least two-thirds of the total of all Members' weighted votes cast, as defined in paragraph (a).

  • Article 22
    The Council shall hold one regular session each calendar year. It shall hold an extraordinary session at the request of the Executive Committee or of at least one-third of the Members of the Federation. At each regular session it shall fix the place and date of the following regular session.

  • Article 23
    The Council shall elect, for each session, a Chair and a Rapporteur. The report on the work of the session shall be distributed to all Members and Associates not more than six weeks after the closure of the session. The text of all resolutions and decisions of the Council shall be communicated to all Members and Associates not more than two weeks after the closure of the session.

  • Article 24
    The Council shall have the following functions:

    1. To consider matters referred to it by the Executive Committee or by Members or Associates;

    2. To define the policy of the Federation and draw up the programme of work of the Executive Committee;

    3. To approve the admission of new Members and Associates and to suspend membership rights;

    4. To grant consultative, observer and special status to organisations that have applied for such status, to define the rights and obligations deriving from each status and to suspend the rights and obligations attached thereto;

    5. To recommend collective or individual action by Members and Associates;

    6. To adopt the annual budget of the Federation, approve the scale of contributions and approve the Federation's accounts;

    7. To elect the members of the Executive Committee;

    8. To appoint external auditors.

  • Article 25
    The Executive Committee may submit to a postal vote of the Council any important or urgent matter on which a decision cannot be taken during a session of the Council. The result of the vote shall be regarded as a Council decision and shall be notified to Members and Associates.

  • Article 26
    Specially, in order to preserve the rights of a Member or Associate unable to be represented at a Council meeting, any member association/union, acting through its legislative body, may submit a reservation on any decision of the Council on a matter of substance. Such reservation, with an explanatory statement, shall be notified to the Executive Committee not later than one month after notification of the decision has been received. The Executive Committee shall circulate such reservation among Members and Associates.

  • Article 27
    To assist it in the performance of its functions the Council may establish subsidiary organs. It shall define their terms of reference, and elect the Chair and Vice-Chair(s) of any standing committee. Officers of a standing committee shall be eligible for re-election but their tenure of office may not exceed five consecutive terms, unless otherwise decided by the Council in a particular case.

    The Executive Committee

  • Article 28
    The Executive Committee shall be responsible for implementing the Council's decisions and recommendations. It shall be composed of seven members, including a President, a Vice-President, a General Secretary and four Regional Members. Candidates for the regional seats must be serving in the region concerned at the time of their election. The Council, upon recommendation of the Executive Committee, shall define from time to time the regions for the purpose of the elections of the members of the Executive Committee. The Executive Committee shall elect from amongst its members a treasurer and such other officers as it deems necessary.

  • Article 29
    The seven members of the Executive Committee shall be elected by the Council as representatives of the Federation. Each nomination for election shall require the support of the association/union to which the candidate belongs. No association/union may provide more than one member of the Committee. At the time of their election, the President and Vice-President shall not be members of associations/unions based in the same region.

  • Article 30
    The Council shall elect in the first place the President or General Secretary for a term of two years. Elections to the position of President shall be held in even-numbered years and elections to the position of General Secretary shall be held in odd-numbered years. The Vice-President and each of the Regional Members of the Executive Committee shall then be elected by the Council for a term of one year. Should there be no nominations from any one region, that seat on the Executive Committee would remain vacant until new elections are held at the next regular Council session.

  • Article 31
    The members of the Executive Committee shall be eligible for re-election, but no member of the Executive Committee may serve longer than five consecutive years.

  • Article 32
    1. If a seat on the Executive Committee becomes vacant in the interval between two regular elections to that seat, the Executive Committee shall arrange for a by-election for the unexpired portion of the term of office of the vacated seat.

    2. If the member of the Executive Committee whose seat became vacant was one of the Regional Members according to Article 30 of these Statutes, candidates for his/her replacement shall come from the same region.

    3. If the member of the Executive Committee whose seat became vacant was one of the officers enumerated in Article 28 above, the Executive Committee may, at its discretion, appoint provisionally any member of the Committee to the vacant post, pending by-election in accordance with paragraph (a) of this Article.

  • Article 33
    The Executive Committee may employ any person or persons and make any administrative arrangements necessary for carrying out its work.

  • Article 34
    The Executive Committee shall have the following functions:

    1. To provide liaison between the Members and Associates of the Federation;

    2. To prepare the sessions of the Council, for this purpose drawing up the provisional agenda, a report on the Federation's activities and a draft annual budget;

    3. To implement the Council's decisions;

    4. To administer the annual budget and other financial resources of the Federation;

    5. To organise representation of the Federation at organisations belonging to, and common system bodies set up within, the United Nations family;

    6. To take all appropriate action to protect the security and life of international civil servants.

     
  • Article 35
    Members, Associates, FICSA Executive Committee members and individual staff should ensure that the appropriate channels of communication are followed promptly.

    The Executive Committee should communicate with the Administration of the Members or Associates or individual staff members thereof only in agreement with the Member of the relevant organization(s).

    The Executive Committee should ensure that meetings and correspondence with the respective administration(s) are done in agreement with the relevant Member or Associate of the relevant organization(s).

    The Executive Committee should, upon request and where feasible, extend support within the framework of the present Statutes and of relevant Council decisions. If unable to provide such assistance, FICSA should explain in writing to the Member(s) concerned.

    The Executive Committee and Members or Associates of the Federation should conduct themselves in a manner becoming of an international civil servant.

    The Executive Committee should ensure, as appropriate, a constant and rapid flow of information to Members and Associates of the Federation and organize expressions of support. Members and Associates of the Federation should ensure that relevant information issued by the Federation is made available to their constituents.
  • Article 36
    The Executive Committee shall publish the provisional agenda, the annual report and the draft budget not less than four weeks before the Council session. For extraordinary sessions, it shall publish the provisional agenda at least one week before the session.

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  • Chapter IX FINANCES
  • Article 37
    Members of the Executive Committee may be recalled by a vote of No Confidence if there is prima facie evidence of financial and/or professional mismanagement/misconduct.

    A vote of No Confidence may be called for if one Member in good standing requests one and 25 per cent of the Members of the Federation approve.

    It will then be put to a vote. Double majority will be required.

    If a vote of No Confidence is successful, Article 32 of the Statutes will be applied.

  • Article 38
    Members of the Executive Committee or an Association/Union may be reprimanded for conduct unbecoming of an international civil servant.

    A reprimand may be called for if one Member Association/Union in good standing requests one and 25 per cent of the Members of the Federation approve.

    It will then be put to a vote. Double majority will be required.
  • Article 39
    The Federation shall be financed by the regular contributions of Members and Associates and by voluntary contributions, gifts or bequests. The acceptance of any offer subject to conditions shall be approved by the Council on the recommendation of the Executive Committee.

  • Article 40
    A Member which is in arrears of contributions with respect to any two preceding years by the opening date of the regular session of the Council shall not be entitled to vote or sponsor candidates at elections at that session and as long as a sum totalling more than one year’s contribution remains outstanding.

    After the General Secretary has reported to the Council on the credentials of delegations (according to Rule 15 of the Rules of Procedure of the Council), and before any other business is attended to, he/she shall indicate which, if any, of the Members correspond to the above criteria.

    At that point, the Member(s) thus cited will have to justify why the dues remain unpaid, and request for the provision of Article 38 to be waived. This request will then have to be seconded and voted upon. If not, the Member will be automatically suspended.
  • Article 41
    The Federation’s accounts shall be submitted each year to an external auditor, who shall report directly to the Council.

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  • Chapter X ENTRY INTO FORCE
  • Article 42
    These Statutes shall come into force upon written notification of acceptance by six staff associations/unions.

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  • Chapter XI AMENDMENTS
  • Article 43
    Without prejudice to Articles 20 and 21, amendments to these Statutes shall be considered as adopted by the Council if they have received a two-thirds majority of the votes cast. Amendments so adopted shall come into force upon their acceptance in writing by two thirds of the Members.

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  • Chapter XII DEPOSIT OF THE STATUTES
  • Article 44
    These Statutes, in the English and French languages, both texts being equally authentic, shall be deposited at the headquarters of the Federation. Certified copies shall be furnished to all Members and Associates.

    • 1The number of votes allocated to a FICSA Member for weighted voting shall be equal to total number of staff represented by FICSA Members x 0.6 divided by the number of members + total staff represented by the Member x 0.4

    For example, if the total number of staff represented by 28 FICSA Member Associations/Unions is 26,000, the weighted vote of a Member representing 2,000 staff members would be
    ((26,000 x 0.6)/28) + (2,000 x 0.4) = 557 + 800 = 1,377 votes.