CYIL vol. 14 (2023)

JAN HLADÍK CYIL 14 (2023) Legal aspects of internal appeals procedures are essentially regulated by Chapter XI (Appeals) of the Staff Regulations and Staff Rules, Annex a (Statutes of the Appeals Board) to the Staff Regulations and Staff Rules, Appendix to the Statutes of the Appeals Board, Administrative Circular AC/HR/76 of 25 June 2020 and the relevant ILOAT case law. The crucial provision related to internal appeals is contained in Regulation 11.1 of the Staff Regulations and Staff Rules. It reads as follows: “The Director-General shall maintain an Appeals Board, with staff participation, to advise him or her when a staff member lodges an appeal against a disciplinary measure, or against an administrative decision, alleging that it conflicts with the terms of hisor her appointment or with any relevant regulation or rule. Staff members shall have access to the Appeals Board in accordance with the Statutes of that Board (see Annex A).” This Regulation is complemented by the following one providing that “The Administrative Tribunal approved from time to time by the General Conference shall be the final court of appeal for staff members against a decision of the Director General alleged to conflict with their terms of appointment, with any relevant regulation.” Currently, in conformity with 41 C/Resolution 66, adopted by the forty-first session of the General Conference of UNESCO (Paris, 9 – 24 November 2021), the General Conference decided “to renew, for the period from 1 January 2022 to 31 December 2027, UNESCO’s recognition of the jurisdiction of the Administrative Tribunal of the International Labour Organization (ILOAT) for cases arising under Staff Regulation 11.2” 31 The procedure for contesting administrative decisions is set forth in detail in the Statutes of the Appeals Board (Annex A) to the Staff Regulations and Staff Rules. Paragraph 1 of the Statutes of the Appeals Board (“the Board”) defines the purpose of the Board – “to advise the Director-General, with whom the final decision shall rest, on appeals made by members of the staff.” Thus, this provision clearly stipulates that the Board is an advisory body whose recommendations are not legally binding for the Director-General. Thus, the Director-General may accept them totally, partially or reject them. Furthermore, issuance of recommendations does not have suspending effect. Finally, the Board is not an international administrative tribunal competent to adjudicate. It may be helpful to define the Board’s competence rationae materiae , ratione personae and ratione temporis . Ratione materiae competence of the Board is laid down in paragraph 6 of the Statutes, which reads as follows: “The Board shall consider appeals against an administrative decision or against disciplinary measure where a staff member alleges that it conflicts either in substance or in form with the terms of his or her contract, or with any Staff Regulation or Staff Rule relevant to his or her case.”

31 Available through the website of UNESCO’s General Conference at https://unesdoc.unesco.org/collections/ governing-bodies/general-conference. Website visited on 17 July 2023.

88