International Judicial Monitor
Published by the International Judicial Academy, Washington, D.C., with assistance from the
American Society of International Law

Summer 2011 Issue
 

International Tribunal Spotlight

 

The United Nations Internal Justice System

United NationsBy: Taylor G. Stout, Reporter, International Judicial Monitor

The United Nations Internal Justice System is the self-administered mechanism for addressing staff-management disputes that arise within the United Nations.  The UN Internal Justice System is necessary because the United Nations enjoys immunity from the jurisdiction of national court systems.  The system exists to give employees of the UN recourse for disputes that arise in the workplace.  Such disputes include disagreements over contract renewals, equitable treatment, promotion, discrimination, harassment, and disciplinary measures.  The current system became operational in 2009 and is modeled on the recommendations made by an external panel of experts in dispute resolution and the UN Staff-Management Coordination Committee. 

Like any workplace, the United Nations must foster a productive work environment to be effective.  And like any workplace, creating and maintaining such an atmosphere can be challenging.  Because of the international character of the organization, with its cultural diversity and geographic distribution, this challenge may be exacerbated in the United Nations.  The UN maintains a set of rules and regulations governing workplace issues such as gender equality, promotion, and harassment.  These rules are meant to ensure that the UN runs in a fair and efficient manner.  And the UN Internal Justice System exists to provide recourse for employees who feel that these rules have been misapplied or disregarded. 

The UN Internal Justice System incorporates both informal and formal resolution of workplace disputes.  The UN system prefers informal resolution over formal resolution, which resembles traditional litigation.  UN staff members are strongly encouraged to pursue and exhaust the informal avenue before resorting to the formal process.  The informal dispute resolution process entails negotiation and mediation, and is usually quicker than formal resolution. 

Individuals who pursue informal resolution may avail themselves of the UN Ombudsman and Mediation Services.  This service provides confidential and impartial assistance to UN employees involved in workplace disputes.  All UN employees may take advantage of this service, regardless of their position or geographic location.  An ombudsman helps an employee identify and evaluate options.  UN ombudsmen do not act as advocates for either party to the dispute, which is to say, for either the employee or the UN.  Instead of promoting the interests of one party, they promote due process and fairness in attempting to reach a resolution that is acceptable to all parties.  The employee who consults an ombudsman maintains control throughout the consultation and negotiation process and is not bound by any suggestion made by the ombudsman.  Finally, all communications with an ombudsman are privileged and confidential.  Ombudsmen listen to an employee’s explanation of a situation, help the employee identify and evaluate options to address the situation, provide basic procedural information, engage in informal fact-finding, and facilitate negotiations between the parties.  Finally, an ombudsman may recommend mediation in a case, a process to which both parties must agree.

A UN employee who believes that his or her rights as an employee have been violated by the UN administration may ultimately choose to pursue the UN Internal Dispute System’s formal resolution process.  The first step for a staff member engaging the formal resolution system is requesting a management evaluation of the dispute with the UN administration.  This request must be made within 60 days of the contested event, but this period may be extended if the employee first seeks informal means of resolution.  Management must evaluate the claims and determine whether UN administrative rules have been violated within 45 days.  This step affords management the opportunity to correct itself or award an appropriate remedy, thus avoiding litigation.  Staff members contesting the imposition of disciplinary measures or action taken based on the advice of an expert advisory board may skip this step and proceed directly to the second step of the process, applying to the United Nations Dispute Tribunal.

The United Nations Dispute Tribunal (UNDT) is a tribunal of first instance that hears cases initiated by UN staff alleging that administrative action violates the terms of their employment.  The UNDT is located in Geneva, Nairobi, and New York, but may also conduct its duties at other stations.  The UNDT is composed of five judges, three permanent judges and two part-time judges.  In addition, the UNDT employs three ad litem, or temporary, judges to help ease the transition to the new dispute resolution system.  Each of the permanent judges is based in one of the three cities where the UNDT sits.  The judges are appointed by the UN General Assembly from a group of candidates nominated by the Internal Justice Council, which is made up of representatives from both staff and management at the UN, as well as distinguished jurists.  The judges are all citizens of different member states of the UN.  They serve seven-year terms and may not be reelected.  The tribunal has promulgated its own rules of procedure, which have been approved by the General Assembly.  Each of the three UNDT offices has a registry, which handles the administrative work of the tribunal.  Decisions of the tribunal are binding, but they may be appealed to the United Nations Appeals Tribunal by either party to the dispute.

The United Nations Appeals Tribunal (UNAT) is the appellate body that reviews decisions made by the UNDT.  The UNAT is based in New York, but hears appeals in New York, Geneva, and Nairobi.  Seven judges sit on the UNAT, and they normally hear appeals as three-judge panels.  Their decisions are final and binding on the parties.  The UNAT heard its first appeal in Geneva in 2010. 

The new UN Internal Justice System represents an efficient and independent mechanism for resolving internal UN employee disputes.  It offers redress to staff grievances and addresses management misconduct, providing an effective forum for the resolution of disputes.  The UN could scarcely fulfill its mission of promoting justice around the world if it failed to provide justice within its own ranks.

Sources:

http://www.un.org/en/oaj/unjs/index.shtml

http://www.unjustice.org/learnabout.htm

http://www.un.org/News/Press/docs/2007/gaab3795.doc.htm

http://www.unis.unvienna.org/unis/pressrels/2006/org1470.html

http://www.un.org/en/ombudsman/help.shtml

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ASIl & International Judicial AcademyInternational Judicial Monitor
© 2011 – The International Judicial Academy
with assistance from the American Society of International Law.

Editor: James G. Apple.
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