United Nations Staff Selection System

Last updated

The United Nations Staff Selection System is a system of rules for recruitment, placement, promotion, and mobility of staff up to the D-2 level, incorporating mobility requirements and specific provisions for gender equality.

Contents

The United Nations Secretariat, in April 2010, pursuant to Secretary-General's bulletin ST/SGB/2002/5, promulgated United Nations Staff Selection System administrative instruction (ST/AI 2010/3) dated 22 April 2010. [1] :p2,preamble Administrative instruction ST/AI 2010/3 supersedes and abolishes the administrative instructions titled "Staff selection system" (ST/AI/ 2006/3/Rev.1), "Technical cooperation personnel and OPAS officers" (ST/AI/297 and Add.1), and "Movement of staff from the Field Service category to the Professional category" (ST/AI/360/Rev.1 and Corr.1). [1] :section 13.2 The new administrative instruction will remain in effect "until specifically amended or abolished". [2] :section 2(b) ST/AI 2010/3 applies to all appointments up to the D-2 level that have contracts of 1 year or longer. It excludes appointments at the Assistant Secretary-General and Under-Secretary-General levels, temporary appointments, and appointment of staff selected through a competitive examination. [1] :section 3.1 and 3.2

The intent of the new system is to integrate "recruitment, placement, promotion and mobility of staff within the Secretariat" up to and including D-1 and equivalent posts. [1] :section 2.1 The new system introduces a new requirement of periodic 'mobility' for promotion for "Staff in the Professional and above categories, up to and including those at the D-2 level". [1] :section 2.1

ST/SGB and ST/AI

In the hierarchy of UN laws, ST/Secretary-General bulletins (ST/SGB) are higher than ST/AI. ST/SGB are bulletins that promulgate "Regulations adopted by the General Assembly, establish Financial Rules, Staff Rules and the organizational structure of the Secretariat and contain important decisions of policy. They are issued by the Secretary-General and remain in effect from a given date until specifically amended or abolished". [3] :section 2(a) The ST/AI series are administrative instructions that implement ST/SGB. These "prescribe instructions and procedures ... and set forth office practices and procedures to be applied in more than one department of the Secretariat. These instructions remain in effect from a given date until specifically amended or abolished". [3] :section 2(b)

Staff Selection System and gender equality in the UN

Affirmative measures to achieve gender equality in the UN system are contained in administrative instruction ST/AI/1999/9, "Special Measures for the Achievement of Gender Equality". This remains in force, and is listed under the heading Appointments, placement and promotion in the Annual Index to Administrative Issuance along with the administrative instruction on the Staff Selection System (ST/AI/2010/3). [3] [4] Since 2010, the UN Secretariat has contended that section 13.3 of the new Staff Selection System (ST/AI 2010/3) supersedes the administrative instruction on gender equality (ST/AI 1999/9), especially its section 1.8 on affirmative action as it is inconsistent with 2010/3. [5] :p 33,paragraph 69 Similar provisions for gender equality existed in earlier Staff Selection System administrative instructions (ST/AI/2006/3). [6] :p14,section 13.3 However, it has been reported that administrative instruction addressing gender equality in the UN has become a more prominent issue since 2010 and has been implemented reluctantly with diminishing enthusiasm by UN entities. [5] :p 33,paragraph 70 UN Women, in contrast, continues to affirm that ST/AI/1999/9 is in effect and applicable. [7] The Secretary General has also reiterated to the general assembly that ST/AI/1999/9 remains in effect. [5] :p 33,paragraph 67

Manuals on staff selection

The administrative instructions on the Staff Selection System have been supplemented with several manuals that are designed to serve as guidance on the responsibilities of (a) the head of the department, (b) the hiring manager, (c) the staff member/applicant, (d) the central review body members, (e) the recruiter (namely, the Office of Human Resources Management [OHRM]), as well as others. [1] :section 2.6 The main manuals, which are periodically updated by OHRM, are: (a) The Applicant's Manual: Manual for the Applicant on the Staff Selection System (Inspira); [8] and (b) Manual for the Recruiter on the Staff Selection System. [9] :247

Jurisprudence

The Staff Selection System (ST/AI 2010/3) has been a frequent cause of litigation, especially with regard to affirmative action policies promulgated in ST/AI 1999/9. UN tribunals have ruled in favor of the UN gender equality policies in ST/AI 1999/9. Recent tribunal judgements are:

Appleton (2012)

In August 2012, the tribunal acknowledged that "The general provisions to give women preferential treatment for appointments are found in ST/AI/1999/9" and that during "selection, vacancies shall be filled by a woman if her qualifications (a) meet the requirements for the vacant post and (b) are substantially equal or superior to those of competing male candidates (sec. 1.8)" [10] :paragraph 54 As a result, the tribunal confirmed the mandatory character of the "rules in ST/AI/1999/9 concerning preferential treatment of women in selection processes". [10] :paragraph(S) 68,70

Farrimond (2014)

In August 2014, the UN administration accepted in the United Nations Dispute Tribunal that administrative instruction ST/AI/1999/9 was valid in a selection process. [11] :paragraph 33 In examining whether the relevant sections of ST/AI 1999/9 had "been correctly applied to the case at hand", the tribunal concluded that the administration failed to respect the provisions of ST/AI 1999/9 [11] :paragraphs 36–38 and rescinded the initial selection decision for this and other infractions. [11] :paragraph 41

See also

Related Research Articles

<span class="mw-page-title-main">Office of the United Nations High Commissioner for Human Rights</span> UN Secretariat department that promotes human rights under international law

The Office of the United Nations High Commissioner for Human Rights (OHCHR) is a department of the United Nations Secretariat that works to promote and protect human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948. The office was established by the United Nations General Assembly on 20 December 1993 in the wake of the 1993 World Conference on Human Rights.

<span class="mw-page-title-main">United Nations Secretariat</span> Executive organ of the United Nations. One of six principal organs of the UN

The United Nations Secretariat is one of the six principal organs of the United Nations (UN), The secretariat is the UN's executive arm. The secretariat has an important role in setting the agenda for the deliberative and decision-making bodies of the UN, and the implementation of the decision of these bodies. The secretary-general, who is appointed by the General Assembly, is the head of the secretariat.

<span class="mw-page-title-main">Secretary-General of the United Nations</span> Head of the United Nations Secretariat

The secretary-general of the United Nations is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the six principal organs of the United Nations.

<span class="mw-page-title-main">United Nations System</span> Organisations comprising the UN

The United Nations System consists of the United Nations' six principal bodies, the Specialized Agencies and related organizations. The UN System includes subsidiary bodies such as the separately administered funds and programmes, research and training institutes, and other subsidiary entities. Some of these organizations predate the founding of the United Nations in 1945 and were inherited after the dissolution of the League of Nations.

The United Nations Democracy Fund (UNDEF) was created by UN Secretary-General Kofi A. Annan in 2005 as a United Nations General Trust Fund to support democratization efforts around the world. It was welcomed by the General Assembly in the Outcome Document of the 2005 World Summit and was created by the UN Secretary- General.

International Women's Year (IWY) was the name given to 1975 by the United Nations. Since that year March 8 has been celebrated as International Women's Day, and the United Nations Decade for Women, from 1976 to 1985, was also established.

Chapter XV of the United Nations Charter deals with the UN Secretariat. It designates the UN secretary-general as the chief administrative officer of the organization, which includes the staff of ECOSOC, the Trusteeship Council, and other organs. Chapter XV is analogous to Article 6 of the Covenant of the League of Nations.

Allonby v Accrington & Rossendale College (C-256/01) is a European Union law case concerning the right of men and women to equal pay for work of equal value under Article 141 of the Treaty of the European Community.

The United Nations Interregional Crime and Justice Research Institute (UNICRI) is one of the five United Nations Research and Training Institutes. The institute was founded in 1968 to assist the international community in formulating and implementing improved policies in the field of crime prevention and criminal justice. Its work currently focuses on Goal 16 of the 2030 Agenda for Sustainable Development, that is centred on promoting peaceful, just and inclusive societies, free from crime and violence.

<span class="mw-page-title-main">María Emma Mejía Vélez</span> Colombian politician and journalist

María Emma Mejía Vélez is a Colombian politician, diplomat, and journalist. She was the Permanent Representative of Colombia to the United Nations in New York. She served as Secretary General of the Union of South American Nations, Minister of Foreign Affairs, Minister of Education, Ambassador of Colombia to Spain, and member of the Foreign Affairs Advisory Commission of Colombia. Mejía Vélez was also a peace negotiator with FARC and ELN armed groups. For over a decade, she held the post of Executive Director to the Barefoot Foundation, a non-profit founded by Colombian singer-songwriter Shakira. Mejía Vélez also ran for vice-president and for mayor of Bogotá.

The United Nations Office of Administration of Justice (OAJ) is responsible for coordinating the functions of the internal justice system of the United Nations.

The United Nations Dispute Tribunal (UNDT) is the court of first instance in the internal justice system of the United Nations. It became operational on 1 July 2009. The UNDT "hears and decides cases" filed by current and former staff members "appealing administrative decisions alleged to be in non-compliance with their terms of appointment or contract of employment". The staff members as well as the Administration have a "right to appeal the judgments of the UNDT to the United Nations Appeals Tribunal (UNAT)". In order to ensure the independence of this organ, it is composed not of officials of the Organization, but by judges appointed by the Member States of the United Nations through the General Assembly, from which UNDT derives its mandate.

The United Nations Appeals Tribunal (UNAT), which replaces the former United Nations Administrative Tribunal, is an appellate court, of the two-tier formal system of administration of justice in the UN. It was established by the UN General Assembly in December 2008 to review appeals against judgments rendered by the United Nations Dispute Tribunal (UNDT). UNAT, including its registry, is based in New York, and holds sessions in New York City, Geneva and Nairobi, as required by caseload. It held its first session in Geneva in 2010. The UNAT is a component of the UN's Internal Justice System, and is listed as an office, along with UNDT and the Office of the United Nations Ombudsman, under the UN secretariat. The UNAT like the UNDT, is dependent for its administrative, office, staffing, and travel needs including that of the judges, on the UN secretariat.

The United Nations Entity for Gender Equality and the Empowerment of Women, also known as UN Women, is a United Nations entity charged with working for gender equality and the empowerment of women. UN Women is charged with advocating for the rights of women and girls, and focusing on a number of issues, including violence against women and violence against LGBT people.

<span class="mw-page-title-main">Jacques Paul Klein</span>

Jacques Paul Klein is a retired United States diplomat, who served as head of three United Nations peacekeeping missions: the United Nations Transitional Administration for Eastern Slavonia (UNTAES) from January 17, 1996, to August 1, 1997, the United Nations Mission in Bosnia and Herzegovina (UNMIBH) from July 16, 1999, to December 31, 2002, and the United Nations Mission in Liberia (UNMIL) from July 17, 2003, to July 20, 2005.

Nkemdilim Amelia Izuako is a Nigerian judge. Since 2009, she has been one of the three judges on the United Nations Dispute Tribunal (UNDT).

The United Nations Secretariat, in September 1999, promulgated Administrative Instruction (AI) on "Special Measures for the Achievement Of Gender Equality", to strengthen and expedite measures to achieve gender equality in the United Nations' staff, especially in posts in the Professional category. Gender Equality A/I (ST/AI/1999/9), which superseded ST/AI/412 of 5 January 1996, came into effect on 1 October 1999. In 2012, Ban Ki-moon, the Secretary-General of the United Nations, in his Annual Reports to the General Assembly, titled "Improvement of the status of women in the United Nations system" stated that Special Measures are "procedures designed to accelerate the achievement of gender parity at the Professional levels and above" and that the aim of these procedures was to ensure "gender balance in recruitment and promotion" and rectify "past and current forms and effects of discrimination against women". The Secretary General reiterated that Special measures for gender equality would remain in effect until the "goal of gender parity is achieved, and would be sustained for a period of time".

The United Nations Ethics Office prescribes Whistle Blower Protection by the Secretariat's ST/SGB/2005/21. The Ethics Office has the authority to take preventive action against potential repercussions the whistle blower may receive.

<span class="mw-page-title-main">Solomon Areda</span> Ethiopian lawyer

Solomon Areda Waktolla is an Ethiopian lawyer who had served as the Deputy Chief Justice/Vice President of the Federal Supreme Court of Ethiopia from 2018 to 2023. Solomon is a prominent lawyer with 26 years of experience in the practice of law, public administration and policy research who is committed for seeing a free and independent judiciary in Ethiopia. Justice Waktolla served in the Ethiopian Judiciary mainly as a judge for 20 years on different levels of the court in both regional and federal positions. In addition, he has been appointed to the membership of the Permanent Court of Arbitration (PCA) at The Hague, Netherlands for a six-year term to serve as an Arbitrator. Justice Solomon Waktolla was appointed on 15 November 2022 by the UN General Assembly as a Half-time Judge of the United Nations Dispute Tribunal for a mandate starting on 1 July 2023 and ending on 30 June 2030. In addition, He has been appointed by the Board of Directors of the African Development Bank as a Judge of the Administrative Tribunal of the African Development Bank, effective from November 2023. Justice Waktolla is an accomplished judge and jurist with many years of legal and judicial work experience at both national and international levels.

Sean Daniel Wallace is an American judge who served on Maryland's Circuit Court from 2002 to 2023. He presently serves as a judge of the United Nations Dispute Tribunal (UNDT), being the first American to become a full-time UNDT judge.

References

  1. 1 2 3 4 5 6 UN Secretariat (21 April 2010). "Administrative instruction Staff selection system, ST /AI/2010/3" (PDF). UN Secretariat. p. 1. Retrieved 6 April 2015.
  2. Chief, Policy and Conditions of Service Section, Office of Human Resources Management (January 2014). "Introduction". United Nations Index to administrative issuances: ST/IC/2014/1* (2014: Reissued for technical reasons on 22 May 2014. ed.). NY, USA: United Nations. pp. 2, 49, 70. The Annual Index to administrative issuances lists in alphanumeric order by series symbol, all issuances at United Nations Headquarters that were current as at 31 December 2013{{cite book}}: |last1= has generic name (help)CS1 maint: multiple names: authors list (link)
  3. 1 2 3 Chief, Policy and Conditions of Service Section, Office of Human Resources Management (January 2014). "Introduction". United Nations Index to administrative issuances: ST/IC/2014/1* (2014: Reissued for technical reasons on 22 May 2014. ed.). NY, USA: United Nations. pp. 2, 49, 70. The Annual Index to administrative issuances lists in alphanumeric order by series symbol, all issuances at United Nations Headquarters that were current as at 31 December 2013. ST/AI. "These administrative instructions prescribe instructions and procedures for the implementation of Secretary-General's bulletins and set forth office practices and procedures to be applied in more than one department of the Secretariat. These instructions remain in effect from a given date until specifically amended or abolished{{cite book}}: |last1= has generic name (help)CS1 maint: multiple names: authors list (link)
  4. United Nations (21 September 1999). "ST /AI/1999/9. SPECIAL MEASURES FOR THE ACHIEVEMENT OF GENDER EQUALITY" (PDF). New York: Secretariat. p. 7. Retrieved 9 December 2014. Gender Equality A/I( ST/AI/1999/9), superseded ST/AI/412 of 5 January 1996.
  5. 1 2 3 General Assembly (4 September 2012). "67/347 Improvement in the status of women in the United Nations system". Report of the Secretary-General (A /67/347). United Nations: 58. Retrieved 11 December 2014. Advancement of women: implementation of the outcome of the Fourth World Conference on Women
  6. Secretariat (15 November 2006). "Administrative instruction Staff selection system (ST /AI/2006/3)" (PDF). UN Secretariat. Retrieved 18 May 2015.
  7. OHRM, UN secretariat (18 April 2012). "The Applicant's Manual Manual for the Applicant on the Staff Selection System (inspira) (Release 2.2)" (PDF). OHRM, UN Secretariat. Retrieved 6 April 2015.
  8. Office of Human Resources Management (12 October 2012). "The Recruiter's Manual Manual for the Recruiter on the Staff Selection System (inspira), Release 3.0" (PDF). UN Secretariat. Retrieved 6 April 2015.
  9. 1 2 Judgment No.: UNDT/2012/125 Date: 14 August 2012 UNITED NATIONS DISPUTE TRIBUNAL:APPLETON v. SECRETARY-GENERAL OF THE UNITED NATIONS, http://www.un.org/en/oaj/files/undt/judgments/undt-2012-125.pdf
  10. 1 2 3 UNITED NATIONS DISPUTE TRIBUNAL (June 19, 2014). "FARRIMOND v. SECRETARY-GENERAL OF THE UNITED NATIONS" (PDF). Judgment. Judgment No.: Undt/2014/068. Geneva: UNITED NATIONS DISPUTE TRIBUNAL. Retrieved 19 December 2014.