27 August 2002
New York, 22 July to 9 August 2002
Background
In its Update on its participation in the 54th session of ICSC, FICSA reported on its appeal for funds for hazard pay for UNRWA Area Staff, who were on the front line delivering services to refugees in the harshest circumstances.
Many of the Commissioners expressed gratitude to FICSA for informing them about this "shocking situation", without which they would not have been informed. One Commissioner said that the distinctions made between local and international staff were a form of discrimination and that the compensation framework should be consistent. The Chairman of the Commission appealed to UNRWA to respect the contractual obligations to Area Staff.
The Commission considered that hazard pay should be paid to all locally-recruited staff. The Commission felt that the Commissioner-General had the authority to take a decision according to the mandate given to him by the General Assembly.
The Commission continued its consideration of this issue at its 55th session. It received the comments of the United Nations Legal Counsel and the General Counsel of UNRWA explaining the legal status of Area Staff and, in particular, dwelling on the issue of their eligibility to hazard pay.
FICSA pointed out that the Commission should strive for equitable treatment of all staff in the spirit of objectivity and fairness and based on the principle of equal pay for equal risk. With specific regard to UNRWA Area Staff, FICSA noted that although their conditions of service were perceived to be different from those of other locally-recruited staff employed by other United Nations organizations, this was due to the unique character of UNRWA. However, this should not be used as a reason for excluding Area Staff from common system entitlements. FICSA wanted the Commission to confirm that hazard pay was also applicable to all UNRWA Area Staff.
The Commission noted the unique status of UNRWA on the basis of the information provided by the United Nations Legal Counsel and the General Counsel of UNRWA. Members agreed that Area Staff constituted a separate category whose conditions of service were distinctly different from those of common system locally-recruited staff. In particular, separate Area Staff rules and regulations were applied to that group, their salaries were not governed by the Flemming principle of best prevailing conditions of employment but were linked to salaries of the civil service of a Member State. Salaries were financed from voluntary contributions and separate pension arrangements to those of the common system applied.
While the legal status of UNRWA Area Staff was complex and equivocal, the Commission noted that the conditions of service, job classification, salary scales and social security provisions relating to this group were determined by the Agency itself taking into account the Agency’s particular policies and available financial resources.
While welcoming the clarification of identification of authority to grant hazard pay to Area Staff, FICSA requests the Commissioner-General to collaborate closely with the UN Secretary-General and the Member States in approving the necessary funding.
The Commission recognized the dangers to which locally-recruited staff were subjected at high-risk locations. These staff were an extremely vulnerable group and had to put their health, well-being and even lives on the line in the daily conduct of their duties. Although nothing could compensate for the loss of life, locally-recruited staff deserved a more meaningful reward for their devotion and sacrifice.
FICSA would have preferred a more substantial increase of this entitlement than proposed. Although the proposed increase would result in a high percentage relative to base salary, the actual amount would remain significantly below that granted to international staff.
FICSA welcomes the decision of ICSC to increase the level of hazard pay granted to locally-recruited staff from 20 to 30 per cent of the midpoint of local base salary scales.