How will the new system work?

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1 Page 1 of 6 Genève - Geneva iseek Archives Topics Tools Secretariat September > A new system of internal justice in the UN an update A new system of internal justice in the UN an update Posted: Tuesday, 23 September 2008, New York Author: DM In March 2007 the General Assembly decided on a complete overhaul of the Organization s system of dealing with internal grievances and disciplinary cases. The Secretary- General subsequently presented a detailed proposal to the General Assembly at its 62 nd session on a new system of administration of justice. The new system is based on the recommendations of the Redesign Panel, a group of independent experts. In December 2007, the General Assembly adopted resolution 62/228, establishing the basic framework for a new independent, transparent, professionalized, and decentralized system of administration of justice. The new system, which will cover staff in the global Secretariat as well as the separately administered Funds and Programmes, is to be in place by 1 January The General Assembly will again take up the issue of administration of justice at the 63 rd session to take crucial decisions that are required before the system can be implemented. How will the new system work? The new system will put more emphasis on

2 Page 2 of 6 resolving work-related disputes through informal means, such as mediation, before a case is steered to the path of formal litigation. There will be a single integrated Office of the Ombudsman for the UN Secretariat, Funds and Programmes, with offices in Bangkok, Geneva, Nairobi, Santiago and Vienna, as well as capacity in MONUC and UNMIS. Presently, contested decisions and disciplinary matters are handled by the Joint Appeals Boards, Joint Disciplinary Committees in the Secretariat and the respective Disciplinary Committees of the Funds and Programmes. In the new system, when no resolution through informal means can be arrived at, cases will be heard by the United Nations Dispute Tribunal, as court of first instance. The UN Dispute Tribunal will be comprised of professional judges making binding decisions. It will have registries in New York, Geneva and Nairobi. Decisions by the Dispute Tribunal may be appealed, either by staff or the administration, to the United Nations Appeals Tribunal, which will replace the current Administrative Tribunal. It will hold two annual sessions in Geneva and New York. Prior to submitting a case to the UN Dispute Tribunal, staff members will have to request a management evaluation of the contested decision. This initial review, which normally should be conducted within 45 days, will assess whether the contested decision was made in accordance with the rules. If this is not the case, management will ensure that the decision is changed or that an appropriate remedy is provided. In some cases, alternative means of arriving at a settlement,

3 Page 3 of 6 such as mediation, may be found. In the Secretariat, management evaluations will be carried out by a new Management Evaluation Unit, to be established in the Office of the Under-Secretary-General for Management. The Funds and Programmes will carry out the management evaluation function through their own administrative structures. New offices to be established A hallmark of the new system is that it is to be independent and well-resourced. An Office of Administration of Justice will be established to coordinate the functioning of the new system. The position of Executive Director of this Office was announced in Galaxy and a selection is expected to be made in the near future. Separate registries will be established for the Dispute Tribunal, with branches in New York, Geneva and Nairobi, as well as for the Appeals Tribunal. It has been a long-standing principle of the Organization that staff members who wish to appeal an administrative decision, or who are subject to disciplinary action, should have access to legal advice and representation. For this purpose, an Office of Staff Legal Assistance will be established, staffed by fulltime legal officers at Headquarters, as well as in Geneva, Nairobi, Addis Ababa and Beirut. This will replace the present Office of the Panel of Counsel. The Registries and the Office of Staff Legal Assistance will be part of the Office of Administration of Justice, which will be an independent office.

4 Page 4 of 6 As mentioned above, the Office of the Joint Ombudsperson (UNDP/UNFPA/UNICEF/UNOPS) and the Office of the United Nations Ombudsman will both be strengthened and integrated into the Office of the Ombudsman for the United Nations Secretariat, Funds and Programmes. The Office will also include a new Mediation Division that is in the process of being established. Progress underway The UN Secretariat, the Funds and Programmes and the staff, through the Staff Management Coordination Committee, have been working closely together to plan for the new system, as a joint endeavour. As you may have seen in earlier articles on iseek, the Internal Justice Council was established in May. It is composed of four members nominated by management and staff, and a fifth member, serving as Chair, selected by the initial four members. The Internal Justice Council s main task this year will be to provide its views and recommendations to Member States on candidates for judges to be appointed by the General Assembly during the 63 rd session. Vacancy announcements have been prepared for positions in the new system that the General Assembly has approved a total of 38, both in the General Service and Professional category and will shortly be posted on Galaxy. Some have been posted already. All qualified staff, including those of the Funds and Programmes, are encouraged to apply. Consultations with staff will continue on

5 Page 5 of 6 several aspects of the new system, through the SMCC. The interview panel for the selection of the Director of the Office of the Administration of Justice and the Chief of the Office of Staff Legal Assistance will include representatives of staff, following an agreement at the XXVIIth session of the SMCC. What s next? Several crucial decisions remain to be taken by Member States at the 63 rd session. Foremost among them is to adopt the statutes of the UN Dispute Tribunal and the UN Appeals Tribunal, a condition that has to be met before the new system can start. Transitional measures must also be decided upon to help ensure a smooth transition from the present to the new system of administration of justice. The Secretary- General has proposed that all cases in the current system that have not been completed at the time the new system begins be transferred to the UN Dispute Tribunal, which would be strengthened during the first year to be able to handle this additional caseload. The draft statutes and the proposed transitional measures were presented to the General Assembly in May 2008, however, due to time constraints the Assembly did not consider these issues at that time and they will therefore be taken up this fall in the 63 rd session. The Secretariat and the Funds and Programmes are committed to moving ahead to prepare for the new system. There is much that needs to be done, including planning in more detail how the transition will

6 Page 6 of 6 work, establishing the Office of Administration of Justice, and supporting the Internal Justice Council. There is also a major effort that needs to be undertaken globally on training and communications, for staff at large, managers, judges and staff who will be working in the new system. This will be essential to ensure that the new system will function as intended, and contribute to the overall goal of better management and transparency in the Organization. If you want to read more about the new system of administration of justice, following are links to relevant reports of the Secretary- General, and General Assembly resolution 228 of 22 December (A/61/758, A/62/294, A/62/748 and A/62/782). Previously on iseek Secretary-General appoints chairperson of Internal Justice Council Secretary-General appoints four members of internal justice advisory body New York Staff Council Meets on Internal Justice Feedback iseek Team past stories