Paper One
FICSA 1998 ISSUE PAPER 1Improving the consultative process in the United Nations common system******************** "It is difficult to imagine that UN system staff do not have the right to discuss and negotiate their own employment conditions, the right to question their leaders, when these rights prevail everywhere, except in autocratic countries." Eric Rouleau, Le Monde ******************** FICSA IS COMMITTED to working towards tripartism at the decision-making levels of the UN common system in both interagency and agency forums, including all major task forces on reform, conditions of service and human resources management. To this end, the Federation participated in the Working Group on the Consultative Process and Working Arrangements of the International Civil Service Commission (ICSC). The main objective of the Federation's participation was to take a step towards the establishment of a fully tripartite negotiating body to determine conditions of service in accordance with international labour law. By its Statute, ICSC is responsible for the "regulation and coordination of the conditions of service of the United Nations common system" (Article 1). With regard to the participation of staff representatives in the work of the Commission, Article 28 (2) provides that:
According to the Rules of Procedure (Rules 36 and 37), representatives of the administrations and the staff may submit written statements, attend meetings and address the Commission. The Statute and Rules of Procedure, however, have never provided for consultation on substantive matters within the competence of the Commission. It was therefore considered necessary by those who drafted the Statute and Rules of Procedure in 1974 to add a note on Rule 37 which states:
FICSA has long argued that the Commission has not respected the spirit of "fullest possible consultation" with its interlocuters, strongly insisting that changes were required to the Statute and Rules of Procedure in accordance with recognized international labour standards. The right to consultation should be an integral provision of the Statute and Rules of Procedure, not a footnote. The Working Group on the Consultative Process and Working Arrangements of ICSC met on three occasions since January 1998. Participants included the representatives of the administrations, staff and the Commission. The terms of reference and the agenda were determined by all three parties. The recommendations of the Working Group were submitted to the 47th session of ICSC in April 1998. At that session, the Commission considered only the recommendations developed under the first two agenda items:
With regard to agenda items 1 and 2, the Working Group made recommendations to amend Rules 6.1, 8.1, 12.2, 21.1 and 22.2 of the Rules of Procedure. The amendments call for consultation between all parties on the annual proposed programme of work, the provisional agenda, identification of key issues and priorities and the information gathering process. In addition, joint working groups on all key issues shall be established at the first regular session each year. Sessional reports and the ICSC report to the General Assembly shall include the views expressed by the representatives of the administrations and staff. In its examination of the recommendations of the Working Group, the Commission supported the principle of consultation, approved the establishment of joint working groups at the first regular session each year and reporting the views and positions of all parties. However, amendments, weakening in some parts the text of the Working Group's proposals, were put forward. FICSA had emphasized that the Working Group report was a package of measures that already reflected the degree of compromise made by each party. Recommendations made under Working Group agenda items (3) General objective behind the appointment of Commission members; and (4) Roles of the Executive Secretary and secretariat including selection and appointment; will be discussed by the Commission at its 48th session in July. The overall aim of those recommendations is to ensure that Commissioners are technically competent; independent of political influence; and objective in decision-making. The Commission will have before it the joint recommendations of the representatives of the administrations and staff, since the representatives of the Commission in the Working Group did not considerate it appropriate to participate in the development of proposals on those two agenda items. FICSA strongly believes that the recommendations of the administration and staff on the selection and appointment of Members of the Commission and its secretariat are crucial to the reform of ICSC. Final decision-making on proposals and recommendations to improve the consultative process will be made by the United Nations General Assembly at its 53rd session. The eventual lifting of the Federation's longstanding boycott of ICSC will depend directly on the General Assembly's decisions on the proposals to improve the consultative process.
FICSA 1998 ISSUE PAPER 2Ensuring the competence, impartiality and independence of the International Civil Service Commission (ICSC) The key factor in ensuring the Commission's competence, impartiality and independence - and in the final analysis its accountability - is its composition. Articles 3 and 4 of the ICSC Statute govern the selection/election of Commissioners and the Chairman and Vice-Chairman. These articles indicate the competencies required of Commissioners - substantial experience of executive responsibility in public administration or related fields, particularly in personnel management - and the requirement for appropriate consultation with Member States, with the executive heads of the other organizations and with staff representatives. Over time the selection/election process governed by articles 3 and 4 of the ICSC Statute has evolved in a way which raises doubts as to whether the current process fully meets the requirements of Article 3.1. Essentially, the balance of the consultation process, involving the participation of all three parties, (Member States, executive heads and representatives of staff) has gradually shifted towards the General Assembly with less regard for the other two partners referred to in Article 4 of the Statute. In most cases, only one candidate is put up for each vacant seat and each candidate is selected by Member States through their regional groups. In view of the evolution of the field of human resources management, it would be desirable to define a set of competencies for Commissioners. In 1995, the Consultative Committee on Administrative Questions (CCAQ) developed and discussed "Draft criteria for the selection of members of the International Civil Service Commission". The core competencies would contribute to effective performance. To enhance and re-value the consultative nature of the selection process, a number of steps are required to ensure that the views of all three parties - the Member States, executive heads and staff - are fully taken into consideration. While the General Assembly would maintain final decision-making power with regard to the appointment of Commissioners, the identification and proposal of candidates would be addressed in a transparent and participatory manner. This could be achieved through a change to the present Statute to require nominations from the three parties concerned. FICSA favours this approach. An alternative could be the creation of a consultative committee comprised of the representatives of Member States, executive heads and staff with the mandate to identify and propose candidates for the Commission. The committee would ensure that there were at least three candidates for each vacancy on the Commission and would draw up the shortlist based on a review of the core competencies required. A second alternative could be the timely preparation by the Administrative Committee on Coordination (ACC) under the Chairmanship of the UN Secretary-General, in consultation with Member States and staff representatives, of a roster of candidates that would serve as the sole source of nominees for membership to the Commission. In keeping with the spirit of renewal and to ensure that the competencies are kept up to date, the number of terms of service for Commissioners should be limited. Consideration should be given to reviewing the procedure for the appointment of the Chairman and Vice-Chairman, including the introduction of a deadline for the presentation of candidatures, and the possibility of election by the Commissioners from among its members. Re-defining core competencies for members of the Commission At present, the only competency required of Commissioners is that of having had "substantial experience of executive responsibility in public administration or related fields, particularly in personnel management". Given the evolution of the field of human resources development, the increasing complexity of pay systems and the extent of reforms in the international civil service, including Member States' insistence on enhancing the effectiveness and efficiency of the common system, it is clear that the criteria for selection of Commissioners require re-definition and expansion. FICSA supports the adoption of the following criteria for the selection of members of ICSC: Professional knowledge and skills
Integrity and impartiality
International outlook
Communications ability
Strategic view/visionary
Types of experience
Knowledge Managerial or leadership experiences should include a knowledge of:
FICSA seeks support for its efforts to ensure that members of the Commission are selected fairly and democratically on the basis of well-defined competencies.
FICSA 1998 ISSUE PAPER 3Ethics and international organizationsRenewed commitment to the United Nations Charter ON 26 June 1996 in Lyon, France, the Group of Seven (G7) participants reaffirmed their commitment to the Charter of the United Nations, stating that,
The G7 countries, of which the United States is a leading member, called for "scrupulous respect by Member States for their financial obligations, and on the payment of arrears". The US however imposed conditions on the payment of its arrears. One of those conditions was the development of a Code of Conduct for UN Staff. In exchange for legally-enforceable provisions to ensure the integrity of international civil servants in all work situations, the US committed itself to respecting its obligations to the organization. Sadly, the US has not seen fit to honour its renewed commitment to the international community, nor has it respected its obligations. Instead, the US sent a contradictory message to international civil servants: "Do as we say, not as we do", which in turn has led staff to question the ethics of Member States in their relations with the UN system, just as Member States have raised doubts about the ethics of international civil servants. The Federation of International Civil Servants' Associations (FICSA) calls for an immediate resolution of the Congressional stalemate over payment of contributions to the United Nations. It is not only an issue of law, but of trust, partnership and, above all, ethics. Ensuring ethical conduct at the international level Ethics or standards in public life have become an important public and political issue at the national and international levels. At the national level, countries employ a range of tools and processes to regulate against undesirable behaviour and to provide incentives to good conduct. In the US, for example, the Office of Government Ethics (OGE), which became a separate and distinct agency in 1989, provides "overall direction of executive branch policies related to preventing conflicts of interest on the part of officers and employees of any executive agency". Standards of ethical conduct are found in Executive Order 12731 of 17 October 1990, the Ethics in Government Act of 1978 and the Ethics Reform Act of 1989. Provisions address financial disclosure, education and training, guidance and interpretation, monitoring and enforcement and evaluation. There is a set of ethical conduct rules for Executive Branch Employees and a set of ethical principles for Federal Employees. In addition, civil service law (5 USC 23028b) defines prohibited personnel practices and identifies the Merit System principles that govern the Federal Personnel System. Thus, the rights and responsibilities of both the management and the employees are clearly set out. Unfortunately, this is not the case for the draft Code of Conduct for UN staff currently under consideration by the General Assembly. The main objective of any code of conduct is to promote ethical conduct at an individual and organizational level. The Federation believes that the most appropriate way to ensure that international civil servants uphold and convey the principles and values of the United Nations is to adopt an integrated approach which balances the responsibility of the staff member and the obligations of the employing organizations. The present document, however, uses strong mandatory terms for staff members and weaker language for Management. Furthermore, codes of conduct need to be more than simplistic statements of rules if they are to answer the complex ethical dilemmas faced by staff. The present document regrettably relies heavily on statements of rules and an oversight mechanism to ensure compliance. In short, the Federation does not feel that the proposed document reflects a balanced approach to the issue of promoting ethical conduct within the United Nations and doubts therefore whether the proposed changes to the UN Staff Regulations and Rules will fully achieve this aim. FICSA also believes that parts of the Code of Conduct do not respect international labour standards and rights enshrined in the Universal Declaration of Human Rights, in particular the right to freedom of action, expression and criticism accorded to staff representatives. The Federation urges Member States to reject the draft Code of Conduct until it is revised to fully respect international labour standards for public service workers.
FICSA 1998 ISSUE PAPER 4Multilateralism in the service of Member StatesThe multilateral institutions to which the United States contributes and in which it participates generally help ensure that US interests are fairly and equitably considered in international forums. They also help guarantee that the US has access to vital public health, transportation safety and other information. The activities of international organizations contribute in varied and cost-effective ways to US security and prosperity. The US contributes around $2 billion each year to 130 international organizations and programmes. This amount includes both assessed and voluntary contributions. The 20 largest recipients of assessed contributions are: UN, WHO, FAO, ILO, OECD, IAEA, OAS, PAHO, NATO, Inter-American Institute for Cooperation on Agriculture, ICAO, WMO, WTO, ITU, IOM, Customs Cooperation Council, Inter-American Tropical Tuna Commission, IARC, IMO, and the South Pacific Commission. It would be difficult, if not impossible, for any federal agency or private institution to perform the mandates of the international organizations. In addition, membership in these organizations allows the US to work with other nations in sharing the burden of dealing with challenges that threaten domestic security, international stability and human well-being around the world. The US has a significant voice in the policies of the organizations because it is a leading contributor to and participant on the governing bodies and major committees. Policies adopted by the organizations coincide with US foreign policy objectives. For example, international goals include preserving and strengthening workers rights, improving working conditions and creating employment, which echo US policy in these areas. UNFPA, which funds population programmes in developing countries, has documented policies on abortion and human rights that are consistent with US family planning objectives. US policy supports access to family planning services to all those who need them, but opposes any coercive methods or abortion as part of any population programme. UNFPA also opposes abortion or coercive sterilization as methods of family planning. UNFPA's programme strategy seeks to prevent abortion by increasing access to family planning services and reduce maternal deaths through management of complications of unsafe abortions. International organizations are unique and valuable instruments of multilateral cooperation. They allow the US to work collaboratively and more cost effectively with other nations to deal with global challenges, such as unsustainable population growth and emerging and re-emerging diseases. Although many of these challenges start beyond US borders, they are increasingly becoming problems within them and require more resources than are available from any single nation. The capacity of the US Government to provide responses to global crises is similarly increasingly limited. US Government agencies do not have the mandate, flexibility or funds necessary to respond to the many international challenges that threaten US interests. For example, declining resources forced the US Army to abandon its antiviral research programme, which was designed to conduct research and develop drugs to combat infectious diseases caused by viruses. These challenges, and research, have been taken up by the international organizations. Most of the major threats to peace, prosperity and health are problems that national governments are ill-equipped to deal with on their own. Globalization of the world economy has engendered the globalization of challenges to the well-being of all societies, notably international crime and narcotics. Nations on their own are ill-equipped to handle the breadth of the problems. Some transnational problems are not readily amenable to bilateral diplomacy. For example, in Central America, PAHO used health initiatives to bridge the gaps between warring factions as a first step toward peace. The organizations have used the combined resources of their Member States to respond to global crises, such as famine, natural disasters and the displacement of people from their homes. International organizations are in the best position to respond quickly to crisis situations, and to coordinate interagency relief efforts and follow-up programmes. The end of the Cold War mitigated many of the differences that once influenced the agendas of the organizations. Political rhetoric and ideological conflict no longer plague deliberations in the global forums. Moreover, former adversaries have become partners in diplomacy. The US has been a leader in pursuing management and administrative reform in the international organizations. The organizations, both individually and at the interagency level, have embraced the spirit and letter of reform, from strengthening the internal audit function to improving budget transparency. For Fiscal Year 1999, the Administration has requested just over $297 million for the payment of annual US dues to the UN regular budget, which funds the operations of the Secretariat, the General Assembly and the Security Council. While Congress has provided "near full funding" of this account in recent years, the funds are paid to the UN as much as a year after they are due because of a difference in fiscal cycles between the US and the UN. The UN has maintained a negative nominal growth budget. The Administration is requesting approximately $335 million to meet US obligations to the UN specialized agencies, which set international standards that benefit American citizens in areas such as food safety, disease prevention, air and shipping safety, intellectual property, telecommunications, labour and trade. The US contribution to the entire UN system was around $2 billion in FY 1996. This amount is around one-tenth of one per cent of the total US federal budget or about $7.70 per US citizen - the cost of a movie ticket. The Administration has requested a supplemental appropriations of around $1.02 billion to pay US arrears to the international organizations over a three year period. The total includes arrears of $54 million for the UN's regular budget, $658 million for peacekeeping, $105 million for the Food and Agriculture Organization (FAO), $36 million for the World Health Organization (WHO), $75 million for other UN agencies, and $55 million for several non-UN agencies such as the Organization of American States (OAS). FICSA - the Federation of International Civil Servants' Associations - representing 30,000 staff of the specialized agencies, IAEA, UNICEF Geneva and UNDP/UNOPS/UNFPA calls for an urgent resolution to the Congressional stalemate over US contributions to the UN and its specialized agencies.
FICSA 1998 ISSUE PAPER 5Security and safety of international civil servantsAs a result of recent developments, United Nations system personnel have found themselves operating in environments of conflict or even open warfare. The risk to the lives and security of staff working under such conditions is cause for growing concern among the staff and administrators of common system organizations. International civil servants often work in situations that may be characterized by the following factors which endanger their lives:
While a certain degree of risk is inherent in any UN activity, staff must be made aware of the risks they might face and must be provided with the appropriate security training to enable them to handle the situation. It is the responsibility of the UN organizations - with the firm support of Member States - to minimize risks and to take all possible steps to enhance the security of staff serving in the field. FICSA welcomes the Decision on Staff Security adopted on 26 March 1998 by the Administrative Committee on Coordination (ACC) which is composed of the executive heads of UN system organizations: * * * The Administrative Committee on Coordination (ACC) Recommendsthe implementation, within each organization, of the creation of a single budget chapter/line to fund security expenditures of a foreseen nature and to ensure that funds exist for unforeseen security related expenditures; Endorsesthe proposal for the provision of security training on a mandatory basis to all staff members at high-risk duty stations and agrees to the immediate implementation of this training by the United Nations Security Coordinator (UNSECOORD), to be funded on a cost-shared basis amongst organizations, based on ACC personnel statistics for staff at duty stations; Instructs the CCAQ(FB) to take the necessary measures to ensure the availability of financial resources to implement these decisions as expeditiously as possible and no later than 1 June 1998; Approves the establishment of a security trust fund by UNSECOORD to supplement existing security funding mechanisms and undertakes to bring the existence and the terms of reference of this fund to the attention of Member States and to solicit contributions; Endorses the recommendations regarding the strengthening of the security management system in the field as outlined by the High-Level CCAQ and the Ad hoc Inter-Agency Meeting on Security; Endorses the recommendation that a working group be established under the auspices of UNSECOORD to review the operational capabilities of filed security officers; Confirms the existing policy outlined in the field security handbook regarding the security of local staff and reiterates the need for its consistent application and implementation by all organizations; Confirms the institution of security measures recommended by the High-Level CCAQ with regard to ensuring the security of locally-recruited staff; Endorses the recommendation that those organizations participating in the Malicious Act Insurance Policy extend coverage of this policy to locally-recruited staff on a 24-hour basis; Endorses, in principle, the criteria recommended by the Ad hoc Inter-Agency Meeting on Security for the establishment of minimum operational security standards beyond which United Nations operations would have to be temporarily suspended; Decides that all matters regarding security of staff should continue to be addressed directly to the ACC though the organizational Committee and that only matters of direct concern to CCAQ(FB) and CCAQ(PER) should be referred to these bodies. * * * The executive heads also deplored the continued threats on the safety and the security of United Nations staff in all parts of the world, including hostage taking; and reminded Member States of their obligations under international law to ensure the safety and security of staff and to safeguard their privileges and immunities. Since 1994, 141 civilian staff members have been taken hostage in 43 separate incidents. Since 1992, 219 UN civilian personnel have died while serving the UN. These numbers do not include the hundreds of staff members who have been wasting away in prisons without being charged of crimes. FICSA would like to call on all Member States to ratify urgently the Convention on the Safety of United Nations and Associated Personnel and to support measures to improve the security of all staff, especially locally-recruited staff.
FICSA 1998 ISSUE PAPER 6FAO, WHO and ILO help safeguard the health, safety and security of AmericansSome leading politicians and US policy makers - on both sides of the political aisle - have been concerned with a fundamental question: Are such agencies as FAO, WHO and ILO in a position to avert global threats that would or could affect the health, safety and security of American citizens. WHO: Infectious and re-emerging diseases In the area of health, for example, a recent US Government report states that:
The clear choice for coordinating such an integrated global network is the World Health Organization (WHO), with its large country network, and its contacts in governments, scientific collaborating centers and research institutions. A Statement by the Ad Hoc Committee on the Global Tuberculosis Epidemic identifies the principle constraints choking action by health authorities: financial shortages, human resource problems, organizational factors, lack of a secure supply of quality anti-TB drugs and public information gaps about TB's danger. "The most fundamental constraint is the lack of political will to develop and sustain effective TB programmes." The US Congress has blocked the payment of US contributions to the World Health Organization, whose budget is equivalent to that of a medium-sized teaching hospital in any industrialized country. The highly qualified and competent staff of the World Health Organization can get the job done if those funds are paid. As of April 1998, the US is in default to the tune of $36 million to WHO. FAO: Food safety and security One of the tasks of the Food and Agriculture Organization of the United Nations is to ensure that food is safe to eat. What would happen if, for example, a cattle egret from the southern Caribbean made its way to Florida carrying Tropical Bont Ticks which threatened North American livestock, the cattle industry and quantity of beef available at American dinner tables? FAO ensures that such scenarios don't happen. The US Government and FAO are cooperating to ensure that food safety issues are resolved through the setting of common standards around the world, and providing training for Food Safety Officers. Because the problem of food security is far from being solved, many populations lack the barest nutritional essentials to lead healthy productive lives that contribute to their country's development. No one government working on its own can adequately address these issues. FAO can - if properly funded. Lack of funds prevents FAO from collecting data on food emergencies in a timely fashion, and it dramatically affects training courses for Food Safety Officers in developing countries. As of the first quarter of 1998, the US owed $105 million to FAO. ILO: Ensuring that social progress proceeds apace with economic growth, technological development and trade liberalization Trade liberalization is a subject close to the hearts and minds of politicians across the political spectrum. The emerging global economy requires inspired stewardship to ensure that the lowering of trade barriers will benefit all countries and peoples. If not properly shepherded, globalization can threaten job security, undermine working conditions and lead to trade disputes, product boycotts and protectionism. The adoption of international labour standards is one way to ensure that countries compete equitably in the global market. Members of ILO are currently considering the Draft Declaration concerning Fundamental Human Rights at Work, drawing upon all its standard-setting, technical cooperation and research resources to ensure that social progress goes hand in hand with economic growth and helps make that growth sustainable. The global market is interdependent: US jobs depend on markets for goods and services provided. Markets depend on the salaries of working people, and their ability to purchase the goods and services produced. ILO helps developing countries train people to be entrepreneurs, who will hire others and generate capital to become integral players in the marketplace - and consumers of US goods and services. Labour standards ensure that workers receive competitive wages, and do not compete unfairly by undercutting wages in industrialized countries. The US owes $38 million to the ILO.
FICSA 1998 ISSUE PAPER 7Question: How many people work at the UN?
|