CYIL vol. 15 (2024)

JAN HLADÍK CYIL 15 ȍ2024Ȏ Administration to fight and to punish strictly a case of sexual harassment; and (ii) the severity of the sanction – summary dismissal – has sent a strong signal to staff members and the affiliated workforce stating that the Administration will not tolerate harassment under any circumstances. 2. Definition of harassment under the relevant administrative rules of UNESCO Legal and procedural aspects of issues related to harassment claims are essentially regulated by Administrative Circular AC/HR/70 of 19 June 2019 (Updated Anti-Harassment Policy) 11 and the relevant ILOAT case law. Furthermore, paragraph 21 of the 2013 Standards of Conduct for the International Civil Service provides for a general policy related to harassment. It reads as follows: “21. Harassment in any shape or form is an affront to human dignity and international civil servants must not engage in any form of harassment. International civil servants have the right to a workplace environment free of harassment or abuse . All organizations must prohibit any kind of harassment . Organizations have a duty to establish rules and provide guidance on what constitutes harassment and abuse of authority and how unacceptable behaviour will be addressed ( Emphasis added – JH ).” In accordance with the above UNESCO Administrative Circular AC/HR/70 of 19 June 2019 (Updated Anti-Harassment Policy), harassment is defined as follows: “Harassment is any offensive, undesired conduct, incompatible with the Standards of Conduct, in the workplace or in connection with work that can be reasonably perceived as such, and has the following purpose or effect of: (a) An affront to the identity, the personality, the dignity or the physical integrity of an employee/a group of employees, or (b) The creation of an intimidating, hostile, degrading, humiliating or offensive work environment.” The Anti-Harassment Policy is applicable to all persons employed by UNESCO ( emphasis added – JH ): Staff members and personnel employed on other contractual arrangements (Service contracts, Short-Term contracts, consultants, loaned personnel), as well as interns, volunteers and occasional workers. This Policy covers harassment occurring in the workplace or in other settings ( emphasis added – JH ) in which employees may find themselves in connections with their employment with UNESCO. Harassment may take various forms, including what are known as moral harassment and sexual harassment . In addition, in accordance with ILOAT case law, there is a third category of harassment – institutional harassment which is less well-known and also less frequent. It occurs when it is difficult to identify one single person or one single incident that cause prejudice to an official. “The Tribunal has explained that decisions which appear to be

11 On file with the author.

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