CYIL vol. 14 (2023)

CYIL 14 (2023) LANDMARK JUDGMENT 4457 OF THE ADMINISTRATIVE TRIBUNAL … 2. Analysis of main obligations of staff members and other persons working for UNESCO under the UNESCO Constitution, UNESCO’s Staff Regulations and Staff Rules and UNESCO’s relevant administrative texts Both the Constitution of the United Nations Educational, Scientific and Cultural Organization 4 adopted in London on 16 November 1945 and the Staff Regulations and Staff Rules of UNESCO 5 underscore the utmost importance of complying by members of the Secretariat and staff members 6 of the Organization of a number of important obligations concerning their professional and private conduct such as the obligation of members of the Secretariat to discharge their functions and to regulate their conduct with the interests of the Organization only in view 7 ; the exclusive obligation of staff members to be subject to the authority of and to be responsible to the Director-General in the exercise of their duties 8 ; the obligation of members of the Secretariat to refrain from seeking and accepting instructions from any other government or other authority external to the Organization 9 ; and, the obligation of members of the Secretariat to conduct themselves at all times in a manner befitting their status as international civil servants, to refrain from engaging in any activity incompatible with the proper discharge of their duties with the Organization, to avoid any action and in particular any kind of public pronouncement which may adversely reflect on their status, or on the integrity, independence and impartiality which are required by that status. Members of the Secretariat are also requested at all times to bear in mind the reserve and tact incumbent upon them by reason of their international status. 10 Moreover, 4 https://www.unesco.org/en/legal-affairs/constitution?hub=66535, website visited on 5 July 2023. Article VI(5) of the Constitution reads as follows: “The responsibilities of the Director-General and of the staff shall be exclusively international in character. In the discharge of their duties they shall not seek or receive instructions from any government or from any authority external to the Organization. They shall refrain from any action which might prejudice their positions as international officials. Each State Member of the Organization undertakes to respect the international character of the responsibilities of the Director-General and the staff, and not to seek to influence them in the discharge of their duties.” This article is embodied in Regulations 1.1, 1.3 and 1.4 of the Staff Regulations and Staff Rules. 5 On file with the author. 6 In accordance with Rule 100.2 of the Staff Regulations and Staff Rules, “unless the context otherwise indicates (my emphasis – JH): (a) “Staff member” means a person engaged by the Director-General other than a consultant, supernumerary, holder of a fee contract, a person engaged specifically for a conference or meeting, for auxiliary duties in the UNESCO Commissary, or for maintenance duties in offices away from Headquarters, or a casual labourer…” 7 “Members of the Secretariat are international civil servants whose responsibilities are not national but exclusively international. By accepting appointment, they undertake to discharge their functions and to regulate their conduct with the interest of the Organization only in view.”, Regulation 1.1 of the Staff Regulations and Staff Rules. 8 “Staff members are subject to the authority of the Director-General, and to assignment by him or her, with due regard to their qualifications and experience, to any post in the Organization. They are responsible to him or her in the exercise of their functions.”, Regulation 1.2 of the Staff Regulations and Staff Rules. 9 “In the performance of their duties, members of the Secretariat shall neither seek nor accept instructions from any government or from any other authority external to the Organization.”, Regulation 1.3 of the Staff Regulations and Staff Rules. 10 “Members of the Secretariat shall conduct themselves at all times in a manner benefitting their status as international civil servants. They shall not engage in any activity that is incompatible with the proper discharge of their duties with the Organization. They shall avoid any action and in particular any kind of public pronouncement which may adversely reflect on their status, or on the integrity, independence and impartiality which are required by that status. While they are not expected to give up their national sentiments, or their political and religious convictions, they shall at all times bear in mind the reserve and tact incumbent upon them by reason of their international status.”, Regulation 1.4 of the Staff Regulations and Staff Rules.

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