Administrative Caselaw

A collation of seminal judgements and leading cases from International Administrative Tribunals

Courts mould the law, litigants guide the court

The UN Office of Administration of Justice (OAJ) explains “Work-related disputes at the United Nations cannot be resolved through national courts due to the Organization’s unique international legal status. For this reason, the Organization provides an internal system of justice for all UN system staff (emphasis added).” Sexual harassment is not a "work-related dispute", it is a form of discrimination, gender based violence, and a violation of the right of every worker for a safe and dignified workplace. We need to stop treating sexual and gender based harassment and discrimination at our work as a "work-related dispute".

Nonetheless, that is where most international organisation's stand today. And recourse to justice for victims/ survivors in their employ is limited to internal administrative processes where you are forced to sue your employer, and not the culprit, unless the conduct is criminal. Review this useful chart of the dispute resolution mechanism under the UN Secretariat to broadly understand the system widely in place. The internal process can be litigated by escalating a complaint to the international administrative tribunal that covers your organisation. You can access free legal assistance through the UN system's Office of Staff Legal Assistance (OSLA). Please see this easy guide to check whether your organisation is covered by their services and which administrative tribunal has jurisdiction over your case.  But if you decide to go at it alone, refer to this recently launched  toolkit to guide self-represented litigants before the UNDT, which has an easy to understand interactive video too! The ILOAT also produced a practical guide to the procedure before it, but its not as user-friendly because it simply restates the relevant law without breaking it down.

Sexual harassment is not a work-related dispute. We need to stop treating it like one.

The international administrative tribunals have years of established practice and case law, which together with the stated policy of your organisation, form the legal threshold that a complainant must meet to succeed in a case of prohibited conduct. AAPC is undertaking this research commitment of compiling all seminal judgements that form binding precedence and policy along with recent cases that are shaping the applicable law gradually. Our early analysis suggests a trend towards the complainant since late 2016. To undertake the project of comprehensive mapping of international administrative legal standards, we welcome the support of all interested individual and institutions. In the meanwhile, we update this page with judgements from UNDT, UNAT, ILOAT, and WBAT, while those from regional bodies are forthcoming.

United Nations Dispute Tribunal

United Nations Administrative Tribunal

International Labour Organisation Administrative Tribunal

World Bank Administrative Tribunal

European Union General Court/ Civil Service Tribunal

Asian Development Bank Administrative Tribunal

African Development Bank Administrative Tribunal

FAO – Food and Agriculture organization

IAEA - International Atomic Energy Agency

ICC - International Criminal Court

ILO - International Labour Organization

IMO - International Maritime Organization

INTERPOL

IOM - International Organization for Migration

OECD - Organization for Economic Cooperation and Development

NATO - North Atlantic Treaty Organization

OPCW - Organization for the Prohibition of Chemical Weapons

OSCE - Organization for security and cooperation in Europe

UNO - United Nations Organization Secretariat

UNAIDS - Joint Unirted Nations Programs on HIV/AIDS

UNDP - United Nations Development Programme

UNESCO - United Nations Educational, Scientific and Cultural Organization

UNF - United Nations Population Fund

UNHCR - United Nations High Commissioner for Refugees

UNICEF - United Nations Children's Fund

UNOPS - United Nations Office of Project Services

World Bank

WFP - World Food Programme

WHO - World Health Organization

WIPO - World Intellectual Property Organization

European Bank for Reconstruction and Development

EIB - European Investment Bank

European Parliament

ESO - European Southern Observatory

European Union of Intellectual Property

CDSP Missions and Operations

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Zero Tolerance Must Translate to Zero Tolerance in Action

Limited to no progress towards this promise and no indication that it will be achieved in a reasonable timeframe.

This promise has not been achieved, and although progress is underway, much more work needs to be done. There may also be problems with the actions taken so far that undermine the usefulness of action towards this promise.

This promise has been achieved, or strong positive progress has been made, even if some work needs to be done.

The UN Secretary General, Antonio Guteress, made a slew of promises and assurances on combating sexual harassment and abuse (SHA) in the UN. Guteress accepted that the UN had failed to gain the trust of its staff to come forward against misconduct because it had failed to stand by previous complainants. Over a period of 24 months since late 2016, he called on staff to Speak Up against harassment when they see it and to support staff who report it, while himself committing to stronger policies on reporting, retaliation and investigation, as well as a rapid response system.

When one condenses all the Secretary General’s “Zero Tolerance Must Translate to Zero Tolerance in Action” speeches from late 2016 to early 2019, they can be distilled into 10 key commitments. Since accountability is essential in targeting and addressing prohibited conduct, we tracked how the UN was performing on these promises. The following assessments are based purely on our analysis of the limited information on progress available through public domain material.

This assessment focusses on new commitments, made in the wake of the #MeToo campaign and does not cover policy changes prior (e.g. revising the whistleblower policy and the gender parity policy).

Hire SHA specialised investigators OIOS and train all existing investigators in SHA related skills

Six SHA specialised investigators were appointed globally and report to the OIOS representative in New York. It is UNKNOWN whether all existing investigators were trained on SHA related skills.

This promise seeks to improve internal resourcing to investigate and respond to complaints. Therefore, it is concerning that the Office of Staff Legal Assistance (OSLA) has been ignored. Without legal support, neither the complainant nor the accused can navigate the complex internal justice mechanism. Sadly, complainants are frequently advised that they will not require legal support during the internal investigations. The OIOS has seen over 200% increase in SHA complaints since 2016-17 while OSLA continues to work with 12 lawyers for the UN Secretariat global workforce. A holistic assessment of overall staffing needs would be a useful step for achieving the intent of this promise.

All SHA complaints will be treated as 'category A' complaints and investigated directly by the OIOS

Despite being applied for all new cases, the 2019 anti-harassment policy of UN does not make it part of the promised responses. Also, older cases continue to languish without the 'upgrade'.

The process of reporting and investigating SHA to be streamlined, with 3 months deadline and a victim-centric approach

The 2019 anti-harassment policy has done the exact opposite of this promise by completely removing any time line from the investigation and resolution process. Effectively, the SG has backtracked on this commitment.

Launch a 24 hours helpline

The SpeakUp helpline in New York HQ and can be reached at: +1 917-367-8910.

UN duty stations in Addis Abba, Bangkok, Beirut, Geneva, New York, Nairobi, Santiago, and Vienna can use extension: 78910. Peacekeeping or political mission personnel must dial an addition prefix: 1212-78910.

That said, these numbers are difficult to recall or use, especially for staff not in the United States; the helpline is staffed by volunteers, rather than a trained dedicated team; and volunteers are not equipped for tele-counselling but rather provide directory services for the most appropriate port of help for the caller.

Conduct a system-wide staff survey on sexual harassment

The Safe Spaces Survey was conducted by Deloitte and published in mid-January 2019.

The survey found 1 in 3 women in the UN face sexual harassment, rising to 1 in 2 for interns, consultants and temp staff (i.e. those on precarious, insecure contracts with greater dependency on supervisors for their UN careers). However, no actions have been identified to respond to this finding, particularly considering the escalating use of short-term and insecure employment arrangements partly as a cost-cutting measure.

Revise internal training modules on SHA, retaliation, ethics, etc.

The mandatory training on the SGB on harassment, sexual harassment, discrimination, and abuse of authority has been revised. UNKNOWN whether other training have been updated too.

To improve the impact of preventive measures such training, expert behavioural change trainers need to be involved in the design and delivery of any new training.

Harmonise internal rules, policies, and procedures to address SHA as well as to take similar measures

All efforts and discussion for harmonisation of the anti-harassment policy has met with such great resistance that we don't expect this to ever pass! Even the very basic - a common definition of sexual harassment - cannot be agreed by UN bodies, who believe they are all different & unique and need a fit-for-purpose policy.

Create UN system-wide HR screening database of 'confirmed' perpetrators

Clearcheck is available to all UN bodies internally, and maybe opened up to the development/ humanitarian sector at large if proven useful.

However, it continues to face a lot of resistance and concerns on privacy and data storage grounds. As per the progress report, the database is in use but not widely yet. Time will tell whether it is faithfully updated or referenced.

Rebuild trust in the organisation

Through the IASC Champion on SEA and SH, there are efforts for leadership commitment to rebuild trust by bringing to light cases themselves rather than covering up; worrying less about reputation by focusing on follow up and self-reporting; making disclosure obligations for applicants to prevent rehiring of offenders and waiving immunity. OCHA created a fund of $1 million to support and speed up investigations on SEA and SH. However, noting the grave reputational damage from SEA, it is expected that the primary focus of a "joint" mandate on SEA and SHA will remain on beneficiaries rather than what the UN views as “blue-on-blue” transgressions.

Unequivocal commitment to not invoke immunity for those accused of SHA & develop a code of conduct for delegates to the UN

UNKNOWN when and how immunity will be waived, but it certainly has not happened yet!

In existing and ongoing cases, where the Secretary General had invoked immunity, he continues to stress it to protect the officials accused to shield them from local and/or other legal proceedings.

There is no update on code of conduct for delegates visiting the UN and the latest Handbook does not even mention the anti-harassment policy.