CYIL vol. 15 (2024)

JAN HLADÍK

CYIL 15 ȍ2024Ȏ

1. General background and reasons for writing present Article about ILOAT Judgment 3640 Both UNESCO staff members 2 as well as affiliate workforce 3 have a number of legal and ethical obligations both under the UNESCO Constitution 4 , the Staff Regulations and Staff Rules 5 (as appropriate), their respective contracts as well as under the 2013 Standards of Conduct for the International Civil Service. 6 When referring to the previous version of the Standards of Conduct for the International Civil Service, ILOAT expressly stated, among others, that such reference “should really be construed as a general reference to all the professional and ethical obligations applicable to these civil servants owing to the requirements of their status …” 7 . Finally on the Standards of Conduct for the International 2 The 2023 September edition of the Staff Regulations and Staff Rules of UNESCO defines “staff member” as follows: “Rule 100.2 Definitions In the present Staff Regulations and Rules, unless the context otherwise indicates: (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. “Members of the Secretariat” means the Director-General and all staff members;” …” Staff Regulations and Staff Rules , UNESCO, September 2023, pp. 13 – 14, on file with the author. UNESCO document “FOLLOW-UP TO DECISIONS AND RESOLUTIONS ADOPTED BY THE EXECUTIVE BOARD AND THE GENERAL CONFERENCE AT THEIR PREVIOUS SESSIONS, PART IV, HUMAN RESOURCES ISSUES, C. Human Resources Management Strategy 2023–2027, Ref. 217 EX/4.IV.C, PARIS, 8 September 2023, Original: English, Annex II – UNESCO WORKFORCE AT A GLANCE – January 2023 provides the following information: 2319 Staff Members (49 % of total workforce) This number comprises 3 % Director & above level staff (D+); 46 % International Professional Staff (P); 9 % National Professional Officers (NPO); and 42 % General Service Staff (GS). Document available through the website of the Executive Board of UNESCO at https://unesdoc.unesco. org/collections/governing-bodies/executive-board. (accessed on 19 June 2024). 3 The Affiliate Workforce consists of 2438 persons and represents 51 % of total workforce. It is divided as follows: 50 % consultants; 41 % Service Contracts; 4 % Temporary Appointments; and, 5 % Loans, Stand-by-Personnel, Short-Term Contracts, UN Volunteers & Sponsored Trainees. Ibid. 4 Paragraph 5 of Article VI ( Secretariat ) 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.” UNESCO, Basic Texts , 2024 edition including texts and amendments adopted by the General Conference at its 42 nd session (Paris, 7-22 November 2023), UNESCO Paris 2024, pp. 14–15. 5 The purpose of the Staff Regulations is to « embody the fundamental conditions of service and the basic rights, duties and obligations of members of the Secretariat of UNESCO, as approved by the General Conference.” With regard to scope, they “apply to all members of the Secretariat of the Organization to whom they are expressly made applicable by the terms of their appointment.” Staff Regulations and Staff Rules, op. cit., p. 13. 6 The 2013 Standards of Conduct for the International Civil Service embody in part “ Guiding principles ” paramount principles such as honesty, truthfulness, impartiality, incorruptibility, tolerance, understanding, loyalty to the whole United Nations system, independence of any authority outside the relevant international organization, accountability and answerability, and international outlook. Cf. The 2013 Standards of Conduct for the International Civil Service, part “Guiding principles”, paragraphs 3 – 15, available on-line at https://icsc. un.org/Resources/General/Publications/standardsE.pdf, (accessed on 19 June 2024). 7 ILOAT Judgment 2944, consideration 47, available on-line at https://webapps.ilo.org/dyn/triblex/triblexmain. fullText?p_lang=en&p_judgment_no=2944&p_language_code=EN. Website visited on 19 June 2024.

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