FILE TRANSMITTED BY IFAD
DOCUMENTS RELATING TO QUESTIONS ON WHICH
AN ADVISORY OPINION IS REQUESTED
BY THE EXECUTIVE BOARD
(Contents)
1. The Agreement Establishing IFAD.
Il. Records relating to the recognition by IFAD of the jurisdiction of the
Administrative Tribunal of the International Labour Organization over disputes
between IFAD and its staff:
(1) Declaration by the President of IFAD, dated 4 October 1988;
(2) Declaration by the Director-General of the International Labour
Office, dated 29 November 1988;
(3) Resolution EB 88/35/R.78 of the Executive Board of IFAD: "The
International Labour Organization Administrative Tribunal".
III. Statute of the Administrative Tribunal of the International Labour
Organization.
IV. United Nations Convention to Combat Desertification in Countries
Experiencing Serious Drought and/or desertification, Particularly in Africa
(UNCCD).
V. Records relating to the housing arrangements for the Global Mechanism
convened by the Conference of the Parties of the UNCCD and IFAD:
(4) Decision 24/COP.l of the Conference of the Parties of the
UNCCD with respect to the "Organization to house the Global
Mechanism and agreements on its modalities";
(5) Decision 10/COP.3 of the Conference of the Parties of the
UNCCD entitled "Memorandum of Understanding between the
Conference of Parties of the United Nations Convention to Combat
Desertification and the International Fund for Agricultural
Development Regarding the Modalities and Administrative
Operations of the Global Mechanism";
(6) Resolution 108/XXI of the Governing Council of IFAD entitled
"Housing the Global Mechanism";
(7) IFAD President's Bulletin PB/99/10 regarding the Accounts of
the Global Mechanism; (8) IFAD President's Bulletin PB/2004/01 regarding the Global
Mechanism; and
(9) the Position Description of the Managing Director of the Global
Mechanism.
VI. IFAD personnel policies:
(10) Resolution EB 88/33/R.19 of the Executive Board of IFAD
entitled "Personnel Matters";
(11) Resolution EB 2004/82/R.28/Rev.l of the Executive Board of
IFAD entitled: "Human Resources Policy".
VII. Dossier of the In re Saez Garcia case before the Administrative Tribunal of
the International Labour Organization:
(12) the Complainant's Brief;
(13) the Reply of the Defendant;
(14) the Complainant's Rejoinder; and
(15) the Surrejoinder of the Defendant.
VIII. Judgment No. 2867 rendered by the Administrative Tribunal of the
International Labour Organization.
IX. Agreement between the United Nations and IFAD.
X. Resolution on the request by the Executive Board of IFAD to the
International Court of Justice for an advisory opinion with respect to Judgment
No. 2867 of the Administrative Tribunal of the International Labour Organization:
(16) Resolution EB 2010/99/R.43 of the Executive Board of IFAD;
(17) Letter by the General Counsel of IFAD to the Counsel for the
Complainant dated 5 May 2010. ,
JJL Enabling poor rural people to overcome poverty
IFAD
File Transmitted by the International Fund for Agricultural Development
(Art. 65, Para. 2,f the Statute of the Court)
INTRODUCTORY NOTE
1. The present documentation contains the documents likely to throw light upon the questions which
have been submitted to the International Courtof Justice for an advisory opinion, by a resolution, dated
22 April 2010, of the Executive Board of the International Fund for Agricultural Development (hereby,
"IFAD"). These documents are certified to be either official records or true copies thereof, or true copies
of the documents submitted to the Administrative Tribunal of the International Labour Organization and
they are transmitted to the Courty the IFAD in accordance with Article 65 of the Statute of the Court.
2. Each document is identified by title and, where applicable, official symbol of IFAD, of the
United Nations, or of the International Labour Organization. In addition all documents have, for
convenience in use, been numbered consecutively in the order in which they appear in the documentation.
A complete listof the documents is found in the table of contents.
3. This documentation consists of ten sections as follows:
1. The Agreement Establishing IFAD;
II. Records relating to the recognition by IFAD of the jurisdiction of the Administrative
Tribunal of the International Labour Organization over disputes between IFAD and its
staff;
III. Statuteof the Administrative Tribunal of the International Labour Organization;
IV. United Nations Convention to Combat Desertification in Countries Experiencing Serious
Drought and/or desertification, Particularly in Africa (UNCCD);
V. Records relating to the housing arrangements convened by the Conference of the Parties
of the UNCCD and IFAD regarding the hosting of the Global Mechanism by IFAD;
VI. IFAD personnel policies;
VII. Dossier of the In re Saez Garcia case before the Administrative Tribunal of the
International Labour Organization;
VIII. Judgment No. 2867 rendered by the Administrative Tribunal of the International Labour
Organization;
IX. Agreement between the United Nations and IFAD;
X. Resolution on the request by the Executive Board of IFAD to the International Court of
Justice for an advisory opinion with respect to Judgment No. 2867 of the Administrative
Tribunal of the International Labour Organization.
4. Section 1contains the text of the Agreement Establishing IFAD as it is currently in force.
International Fund for Agricultural DeVia Paolo di Dono,00142 Rome, Italy
Tel.: +390654591Fax: +39065043463 E-mail: [email protected] Web site: www.ifad.org5. Section II contains official records bearing on the recognition by IFAD of the competence of the
Administrative Tribunal of the International Labour Organization. This section contains: (1) a declaration
by the President ofIFAD, affirming the Executive Board ofIFAD's decision to recognize thejurisdiction
of the Administrative Tribunal of the International Labour Organization over disputes between IFAD and
its staff, (2) a declaration by the Director-General of the International Labour Office affmning the
Goveming Council of the International Labour Office's approval of IFAD's decision to recognize the
jurisdiction of the Administrative Tribunal, and (3) Resolution EB 88/35/R.78 of the Executive Board of
IFAD dealing with the recognition of the Jurisdiction of the Administrative Tribunal of the International
Labour Organization.
6. Section III of the documentation contains the Statute of the Administrative Tribunal of the
International Labour Organization, adopted by the International Labour Conference on 9 October 1946
and amended by the Conference on 29 June 1949, 17June 1986, 19 June 1992, 16 June 1998 and Il June
2008.
7. Section IV of the documentation holds the text of the United Nations Convention to Combat
Desertification in Countries Experiencing Serious Drought and/or desertification, Particularly in Africa.
8. Section V comprises the documents relating to the housing arrangements of the Global
Mechanism by IFAD. This section includes: (4) Decision 24/COP.1 of the Conference of the Parties of
the UNCCD with respect to "Organization to house the Global Mechanism and agreements on its
modalities"; (5) Decision 1 O/COP.3 of the Conference of the Parties of the UNCCD entitled
"Memorandum of Understanding between the Conference of Parties of the United Nations Convention to
Combat Desertification and the International Fund for Agricultural Development Regarding the
Modalities and Administrative Operations of the Global Mechanism"; (6) Resolution 108/XXI of the
Goveming Council of IFAD entitled "Housing the Global Mechanism"; (7) IFAD President's Bulletin
PB/99/l0 regarding the Accounts of the Global Mechanism; (8) IFAD President's Bulletin PB/2004/01
regarding the Global Mechanism; and (9) the Position Description of the Managing Director of the Global
Mechani sm.
9. Section VI incorporates IFAD's relevant personnel policies, including: (10) Resolution EB
88/33/R.19 of the Executive Board of IFAD entitled "Personnel Matters" and (11) IFAD's Human
Resources Policy, as they were in force prior to the In re Saez Garcia case, enclosed in Resolution EB
2004/82/R.28/Rev.1 of the Executive Board entitled: "Human Resources Policy".
1O. Section VII of the documentation contains the written submissions of the In re Saez Garcia case,
as they were submitted to the Administrative Tribunal of the International Labour Organization,
including: (12) the Complainant's Brief, (13) the Reply of the Defendant, (14) the Complainant's
Rejoinder, and (15) the Surrejoinder of the Defendant.
Il. Section VIII gives the text of Judgment No. 2867 rendered by the Administrative Tribunal of the
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International Labour Organization at its108 Session, on 3 February 2010, In re Saez Garcia.
12. Section IX contains the Agreement between the United Nations and IFAD reproducing the text of
the Article dealing with the relations of IFAD with the International Court of Justice.
13. Section X contains: (16) Resolution EB 2010/99/R.43 of the Executive Board of IFAD, adopted
th
at its 99 Session, which concerns the request to the International Court of Justice for an advisory
opinion with respect to Judgment No. 2867 of the Administrative Tribunal of the International Labour
Organization, and (17) a letter dated 5 May 2010 by the General Counsel of IFAD addressed to the
Counsel for the Complainant notifying IFAD's request for an advisory opinion to the International Court
of Justice.
21. THE AGREEMENT ESTABLISHING IFAD 1
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111
Agreement
Establishing the
International
Fund for
Agricultural
DevelopmentAdopted by the United Nations Conference on the Establishment of an International Fund for
Agrlcultural Development on 13 June 1976, ln Rome
li-- Opened for signature. in accordance with its Article 13.1(a). on 20 December 1976. in New York.
... Entered into force. in accordance with its Article 13.3(a). on 30 November 1977.
li-- Section 8 of Article 6 amended. in accordance with Article 12. by Resolution 44/X of the
Governing Council on 11 December 1986. Amendment entered into force on 11 March 1987.
li-- Articles 3.3. 3.4. 4.2. 4.5. 5.1. 6.2. 6.3. 6.5. 6.6. 12(a) and 13.3 and Schedules 1.Il and III
amended. in accordance with Article 12. by Resolution 86/XVIII of the Goveming Council on 26
January 1995. Amendments entered into force on 20 February 1997.
~ Article 4.1 amended, in accordance with Article 12, by Resolution 100/XX of the Governing
Council on 21 February 1997. Amendment entered into force on 21 February 1997.
.. Articles 7.2 (a) and (b) amended, in accordance with Article 12. by Resolution 124/XXIV of the
Governing Council on 21 February 2001 and subsequently by Resolution 141/XXIX on 16
February 2006, as revised by Resolution 141/XXIXlRev.1. Amendments entered into force on 22
December 2006.
.. Article 7.2 (g) amended by Resolution 143/XXIX of the Governing Council on 16 February 2006.
Amendment entered into force on 16 February 2006.
2.. Recognizing that the continuing food problem of the world is afflicting a large segment of
the people of the developing countries and is jeopardizing the most fondamental principles
and values associated with the right to life and human dignity;
~ Considering the need to improve the conditions of life in the developing countries and to
promote socio-economic development within the context of the priorities and objectives of
the developing countries, giving due regard to both economic and social benefits;
~ Bearing in mind the responsibility of the Food and Agriculture Organization of the United
Nations within the United Nations system, to assist the efforts of developing countries to
increase food and agricultural production, as well as that organization's technical competence
and experience in this field;
.. Conscious of the goals and objectives of the International Development Strategy for the
Second United Nations Development Decade and especially the need to spread the benefits
of assistance to all;
....Bearing in mind paragraph (f) of part 2 ("Food") of Section 1 of General Assembly
resolution 3202 (S-VI) on the Programme of Action on the Establishment of a New
International Economic Order;
.. Bearing in mind also the need for effecting transfer of technology for food and agricultural
development and Section V ("Food and Agriculture") of General Assembly resolution 3362
(S-VII) on development and international economic cooperation, with particular reference to
paragraph 6 thereof regarding the establishment of an International Fund for Agricultural
Development;
• Recalling paragraph 13 of General Assembly resolution 3348 (XXIX) and resolutions 1 and
II of the World Food Conference on the objectives and strategies of food production and
on the priorities for agricultural and rural development;
.. Recalling resolution XIII of the World Food Conference which recognized:
(i) the need for a substantial increase in investment in agriculture for increasing food and
agricultural production in the developing countries;
(ii)that provision of an adequate supply and proper utilization of food are the common
responsibility of all members of the international community; and
(iiithat the prospects of the world food situation call for urgent and coordinated measures
by all countries;
and which resolved:
that an International Fund for Agricultural Development should be established immediate1y
to finance agricultural development projects primari1yfor food production in the developing
3 countries;
.... The Contracting Parties have agreed to establish the International Fund for Agricultural
Development, which shall be governed by the following provisions:
DEFINITIONS
For the purposes of this Agreement the terms set out below shall have the following meaning, unless
the context otherwise requires:
(a) "Fund" shall mean the International Fund for Agricultural Development;
(b) "food production" shall mean the production of food including the development of fisheries and
livestock;
(c) "State" shall mean any State, or any grouping of States eligible for membership of the Fund in
accordance with Section 1(b) of Article 3;
(d) "freely convertible currency" shall mean:
(i) currency of a Member which the Fund determines, after consultation with the
International Monetary Fund, is adequately convertible into the currencies of other Members
for the purposes of the Fund's operations; or
(iicurrency of a Member which such Member agrees, on terms satisfactory to the Fund, to
exchange for the currencies of other Members for the purposes of the Fund's operations.
"Currency of a Member" shall, in respect of a Member that is a grouping of States, mean the
currency of any member of such grouping;
(e) "Governor" shall mean a person whom a Member has designated as its principal representative at
a session of the Governing Council;
(f)"votes cast" shall mean affirmative and negative votes.
4OBJECTIVE AND FUNCTIONS
The objective of the Fund shan be to mobilize additional resources to be made available on
concessional terms for agricultural development in developing Member States. In fulfilling this
objective the Fund shall provide fina~c irigarily for projects and programmes specifically
designed to introduce, expand or improve food production systems and to strengthen related policies
and institutions within the framework of national priorities and strategies, taking into consideration:
the need to increase food production in the poorest food deficit countries; the potential for
increasing food production in other developing countries; and the importance of improving the
nutritionallevel of the poorest populations in developing countries and the conditions of their lives.
MEMBERSHIP
Section 1 -Eligibility for Membership
(a) Membership of the Fund shall be open to any State member of the United Nations or of any of
its specialized agencies, or of the International Atomic Energy Agency.
(b) Membership shan also be open to any grouping of States whose members have delegated to it
powers in fields falling within the competence of the Fund, and which is able to fulfil all the
obligations of a Member of the Fund.
Section 2 -Original Members and Non-Original Members
(a) Original Members of the Fund shan be those States listed in Schedule l, which forms an integral
part of this Agreement, that become parties to this Agreement in accordance with Section l(b) of
Article 13.
(b) Non-original Members of the Fund shall be those other States that, after approval of their
membership by the Governing Council, become parties to this Agreement in accordance with
Section l(c) of Article 13.
Section 3 -Limitation ofabilit y
No Member shan be liable, by reason of its membership, for acts or obligations of the Fund.
5RESOURCES
Section 1 -Resources of the Fund
The resources of the Fund shall consist of:
(i)initial contributions;
(iiadditional contributions;
(iii) special contributions from non-member States and from other sources;
(iv)funds derived or to be derived from operations or otherwise accruing to the Fund.
Section 2 -Initial Contributions
(a) The amount of an initial contribution of an original and a non-original Member shall be the
amount and in the currency of such contribution specified by the Member in its instrument of
ratification, acceptance, approval or accession deposited by that Member pursuant to Section 1(b)
and (c) of Article 13 of this Agreement.
(b) The initial contribution of each Member shall be due and payable in the forms set forth in Section
5(b) and (c) of this Article, either in a single SUffi or, at the option of the Member, in three equal
annual instalments. The single SUffior the first annual instalment shall be due on the thirtieth day
after this Agreement enters into force with respect to that Member; any second and third instalments
shall be due on the first and on the second anniversary of the date on which the first instalment was
due.
Section 3 -Additional Contributions
In order to assure continuity in the operations of the Fund, the Governing Council shall periodically,
at such intervals as it deems appropriate, review the adequacy of the resources available to the Fund;
the first such review shall take place not later than three years after the Fund commences operations.
If the Governing Council, as a result of such a review, deems it necessary or desirable, it may invite
Members to make additional contributions to the resources of the Fund on terms and conditions
consistent with Section 5 of this Article. Decisions under this Section shall be taken by a two-thirds
majority of the total number of votes.
Section 4 -Increases in Contributions
The Governing Council may authorize, at any rime, a Member to increase the amount of any of its
contributions.
6Section 5 -Conditions Governing Contributions
(a) Contributions shall be made without restriction as to use and shall be refunded to contributing
Members only in accordance with Section 4 of Article 9.
(b) Contributions shall be made in free1yconvertible currencies.
(c) Contributions to the Fund shall be made in cash or, to the extent that any part of such
contributions is not needed immediate1y by the Fund in its operations, such part may be paid in the
form of non-negotiable, irrevocable, non-interest bearing promissory notes or obligations payable on
demand. In order to finance its operations, the Fund shall draw down all contributions (regardless of
the fo.rmin which they are made) as follows:
(i) contributions shall be drawn down on a pro rata basis over reasonable periods of cime as
determined by the Executive Board;
(ii) where a contribution is paid partly in cash, the part so paid shall be drawn down, in
accordance with paragraph (i), before the rest of the contribution. Except to the extent that
the part paid in cash is thus drawn down, it may be deposited or invested by the Fund to
produce income to he1pdefray its administrative and other expenditures;
(iii) all initial contributions, as weIl as any increases in them, shall be drawn down before any
additional contributions are drawn down. The same rule shall apply to further additional
contributions.
Section 6 -Special Contributions
The resources of the Fund may be increased by special contributions from non-member States or
other sources on such terms and conditions, consistent with Section 5 of this Article, as shall be
approved by the Governing Council on the recommendation of the Executive Board.
7CURRENCIES
Section 1 -Use of Currencies
(a) Members shall not maintain or impose any restriction on the holding or use by the Fund of free1y
convertible currencies.
(b) The non-convertible currency contributions of a Member made to the Fund on account of that
Member's initial or additional contributions prior to 26 January 1995 may be used by the Fund, in
consultation with the Member concerned, for the payment of administrative expenditures and other
costs of the Fund in the territories of that Member, or, with the consent of that Member, for the
payment of goods or services produced in its territories and required for activities financed by the
Fund in other States.
Section 2 -Valuation of Currencies
(a) The unit of account of the Fund shall be the Special Drawing Right of the International Monetary
Fund.
(b) For the purposes of this Agreement, the value of a currency in terms of the Special Drawing
Right shall be calculated in accordance with the method of valuation applied by the International
Monetary Fund, provided that:
(i)in the case of the currency of a member of the International Monetary Fund for which
such value is not available on a current basis, the value shall be calculated after consultation
with the International Monetary Fund;
(ii)in the case of the currency of a non-member of the International Monetary Fund, the
value of the currency in terms of the Special Drawing Right shall be calculated by the Fund
on the basis of an appropriate exchange rate relationship between that currency and the
currency of a member of the International Monetary Fund for which a value is calculated as
specified above.
8ORGANIZATION AND MANAGEMENT
Section 1 -Structure of the Fund
The Fund shall have:
(a) a Governing Council;
(b) an Executive Board;
(c) a President and such staff as shall be necessary for the Fund to carry out its functions.
Section 2 -The Governing Council
(a) Each Member shall be represented on the Governing Council and shall appoint one Governor
and an alternate. An alternate may vote only in the absence of his principal.
(b) Ali the powers of the Fund shall be vested in the Governing Council.
(c) The Governing Council may delegate any of its powers to the Executive Board 1 with the
exception of the power to:
(i)adopt amendments to this Agreement;
(ii)approve membership;
1 The Governing Council, at its First Session on 16 December 1977, adopted Resolution 77/2, which stated
as foIlows:
"Resolution 77/2
Delegation of Powers to the Executive Board
The Governing Council,
Pursuant to Article 6.2(c) of the Agreement Establishing the Fund and to Section 7 of the By-Iaws of the
Fund,
Authorizes the Executive Board to exercise aIl the powers of the Council, with the exception of those
specified in Articles 4.3, 4.4, 6.2(e), 6.2(t), 6.5(e), 6.8(a), 6.8(c), 6.9, 6.10, 7.1(e) andthe Agreement
Establishing the Fund, and those reserved to the Council by Article 6.2(c) (i-vi) thereof."
The last paragraph of the above-mentioned Resolution was subsequently amended by Resolution 86/XVIII,
adopted by the Governing Council on 26 January 1995 and entered into force on 20 February 1997, to read
as foIlows:
Authorizes the Executive Board to exercise aIl the powers of the Council, with the exception of those
specified in Articles 4.3, 4.4, 6.2(e), 6.2(t), 6.5(e), 6.8(a), 6.8(b), 6.8(d), 6.9, 6.10, 7.1(e) andof the
Agreement Establishing the Fund, and those reserved to the Council by Article 6.2(c) (i-vi) thereof."
9 (iiisuspend a Member;
(iv)terminate the operations of the Fund and distribute its assets;
(v) decide appeals from decisions made by the Executive Board concerrung the
interpretation or application of this Agreement;
(videtermine the remuneration of the President.
(d) The Governing Council shall hold an annual session, and such special sessions as it may decide,
or as are called by Members having at least one-fourth of the total number of votes in the Governing
Council, or as requested by the Executive Board by a two-thirds majority of the votes cast.
(e) The Governing Council may by regulation establish a procedure whereby the Executive Board
may obtain a vote of the Council on a specific question without calling a meeting of the Council.
(f)The Governing Council may, by a two-thirds majority of the total number of votes, adopt such
regulations and by-Iaws not inconsistent with this Agreement as may be appropriate to conduct the
business of the Fund.
(g) A quorum for any meeting of the Governing Council shall be constituted by Governors
exercising two-thirds of the total votes of all its members.
Section 3 -Voting in the Governing Council
(a) The total number of votes in the Governing Council shall be comprised of Original Votes and
Replenishment Votes. AlI Members shall have equal access to those votes on the following basis:
(i) Original Votes shall consist of a total of one thousand eight hundred (1 800) votes made
up of membership votes and contribution votes:
(A) membership votes shall be distributed equally among aIlMembers; and
(B) contribution votes shall be distributed among all Members in the proportion that
each Member's cumulative paid contributions to the resources of the Fund,
authorized by the Governing Council prior to 26 January 1995 and made by
Members in accordance with Sections 2, 3 and 4 of Article 4 of this Agreement, bear
to the aggregate of the total of the said contributions paid by an Members;
(ii)Replenishment Votes shall be made up of membership votes and contribution votes in a
total amount of votes to be decided by the Governing Council upon each occasion that it
calls for additional contributions under Section 3 of Article 4 of this Agreement (a
"replenishment") commencing with the fourth such replenishment. Except as the Governing
Council shall by a two-thirds majority of the total number of votes otherwise decide, the
votes for each replenishment shall be established in the ratio of one hundred (100) votes for
the equivalent of each one hundred and fifty eight million United States dollars (USD 158
000 000) contributed to the total amount of that replenishmen4 or a fraction thereof:
(A)membership votes shall be distributed equally among aIlMembers on the same
basisas that set forth in provision (i)(A) above: and
10 (B) contribution votes shall be distributed among all Members in the proportion that
each Member's paid contribution to the resources contributed to the Fund by
Members for each replenishment bears to the aggregate of the total contributions
paid by aIlMembers to the said replenishment; and
(m) The Governing Council shall decide the total number of votes to be allocated as
membership votes and contribution votes under paragraphs (i) and (iiof this Section. Upon
any change in the number of Members of the Fund, the membership votes and contribution
votes distributed under paragraphs (i) and (ii)of this Section shall be redistributed in
accordance with the principles laid down in the said paragraphs. In the allocation of votes,
the Governing Council shall ensure that those Members classified as members of Category
III before 26January 1995 receive one-third of the total votes as membership votes.
(b) Except as otherwise specified in this Agreement, decisions of the Governing Council shall be
taken by a simple majority of the total number of votes.
Section 4 -Chairman of the Governing Council
The Governing Council shall elect a Chairman from among the Governors, who shall serve for two
years.
Section 5 -Executive Board
(a) The Executive Board shall be composed of 18 members and up to 18 alternate members, elected
from the Members of the Fund at the annual session of the Governing Council. The seats in the
Executive Board shall be distributed by the Governing Council from time to time as specified in
Schedule II to this Agreement. The members of the Executive Board and their alternates, who may
vote only in the absence of a member, shall be elected and appointed in accordance with the
procedures set forth in Schedule II hereto, which forms an integral part of this Agreement.
(b) Members of the Executive Board shall serve for a term of three years.
(c) The Executive Board shall be responsible for the conduct of the general operations of the Fund,
and for this purpose shall exercise the powers given to it by this Agreement or delegated to it by the
Governing Council.
(d) The Executive Board shall meet as often as the business of the Fund may require.
(e) The representatives of a member or of an alternate member of the Executive Board shall serve
without remuneration from the Fund. However, the Governing Council may decide the basis on
which reasonable travel and subsistence expenses may be granted to one such representative of each
member and of each alternate member.
(f)A quorum for any meeting of the Executive Board shall be constituted by members exercising
two-thirds of the total votes of all its members.
Section 6 -Voting in the Executive Board
(a) The Governing Council shall, from rime to rime, decide the distribution of votes among the
members of the Executive Board in accordance with the principles established in Section 3(a) of
IlArticle 6 of this Agreement.
(b) Except as otherwise specified in this Agreement, decisions of the Executive Board shail be taken
by a majority of three-fifths of the votes cast, provided that such majority is more than one-half of
the total number of votes of ail members of the Executive Board.
Section 7 -Chairman of the Executive Board
The President of the Fund shall be the Chairman of the Executive Board and shall participate in its
meetings without the right to vote.
Section 8 -President and Staff
(a) The Governing Council shall appoint the President by a two-thirds majority of the total number
of votes. He shail be appointed for a term of four years and shall be eligible for reappointment for
only one further term. The appointment of the President may be terminated by the Governing
Council by a two-thirds majority of the total number of votes.
(b) Notwithstanding the restriction on the term of office of the President of four years, contained in
paragraph (a) of this Section, the Governing Council may, under special circumstances, on the
recommendation of the Executive Board, extend the term of office of the President beyond the
duration prescribed in paragraph (a) above. Any such extension shall be for no more than six
months.
(c) The President may appoint a Vice-President, who shall perform such duties as shall be assigned to
him by the President.
(d) The President shail head the staff and, under the control and direction of the Governing Council
and the Executive Board, shall be responsible for conducting the business of the Fund. The
President shall organize the staff and shall appoint and dismiss members of the staff in accordance
with regulations adopted by the Executive Board.
(e) In the employment of the staff and in the determination of the conditions of service,
consideration shail be given to the necessity of securing the highest standards of efficiency,
competence and integrity as weil as to the importance of observing the criterion of equitable
geographical distribution.
(f)The President and the staff, in the discharge of their functions, owe their duty exclusively to the
Fund and shall neither seek nor receive instructions in regard to the discharge thereof from any
authority external to the Fund. Each Member of the Fund shall respect the international character of
this duty and shailrefrain from any attempt to influence them in the discharge of their duties.
(g) The President and the staff shall not interfere in the political affairs of any Member. Only
development policy considerations shall be relevant to their decisions and these considerations shall
be weighed impartially in order to achieve the objective for which the Fund was established.
(h) The President shall be the legal representative of the Fund.
(i)The President, or a representative designated by him, may participate, without the right to vote, in
ail meetings of the Govern1ng Council.
12Section 9 -Seat of the Fund
The Governing Council shall deterrrùne the permanent seat of the Fund by a two-thirds majority of
the total number of votes. The provisional seat of the Fund shall be in Rome.
Section 10 -Administrative Budget
The President shall prepare an annual adrrùnistrative budget which he shall submit to the Executive
Board for transmission to the Governing Council for approval by a two-thirds majority of the total
number of votes.
Section 11 -Publication of Reports and Provision of Information
The Fund shall publish an annual report containing an audited statement of its accounts and, at
appropriate intervals, a summary statement of its financial position and of the results of its
operations. Copies of such reports, statements and other publications connected therewith shall be
distributed to ail Members.
OPERATIONS
Section 1 -Use of Resources and Conditions of Financing
(a) The resources of the Fund shall be used to achieve the objective specified in Article 2.
(b) Financing by the Fund shall be provided oruy to developing States that are Members of the Fund
or to intergovernmental organizations in which such Members participate. In the case of a loan to an
intergovernmental organization, the Fund may require suitable governmental or other guarantees.
(c) The Fund shall make arrangements to ensure that the proceeds of any financing are used oruy for
the purposes for which the financing was provided, with due attention to considerations of economy,
efficiency and social equity.
(d) In allocating its resources the Fund shall be guided by the following priorities:
(i)the need to increase food production and to improve the nutritionallevel of the poorest
populations in the poorest food deficit countries;
(iithe potential for increasing food production in other developing countries. Likewise,
emphasis shall be placed on improving the nutritionallevel of the poorest populations in
these countries and the conditions of their lives.
13 Within the framework of the above-mentioned priorities, eligibility for assistance shail be on
the basis of objective economic and social criteria with special emphasis on the needs of the
low income countries and their potential for increasing food production, as weil as due
regard to a fair geographic distribution in the use of such resources.
(e) Subject to the provisions of this Agreement, financing by the Fund shall be governed by broad
policies, criteria and regulations laid down, from time to time, by the Governing Council by a
two-thirds majority of the total number of votes.
Section 2 -Forms and Terms of Financing
(a) Financing by the Fund shail take the form of loans, grants and a debt sustainability mechanism,
which shail be provided on such terms as the Fund deems appropria te, having regard to the
economic situation and prospects of the Member and to the nature and requirements of the activity
concerned. The Fund may also provide additional financing for the design and implementation of
projects and programmes, financed by the Fund through loans, grants and debt sustainability
mechanisms, as the Executive Board shall decide.
(b) The proportion of the Fund's resources to be committed in any financial year for financing
operations in any of the forms referred to in subsection (a) shall be decided from rime to rime by the
Executive Board with due regard to the long-term viability of the Fund and the need for continuity in
its operations. The proportion of grants shall not normally exceed one-eighth of the resources
committed in any [mancial year. A debt sustainability mechanism and the procedures and modalities
therefor shall be established by the Executive Board and financing provided thereunder shail not fail
within the above-mentioned grant ceiling. A large proportion of the loans shall be provided on highly
concessional terms.
(c) The President shail submit projects and programmes to the Executive Board for consideration
and approval.
(d) Decisions with regard to the selection and approval of projects and programmes shail be made by
the Executive Board. Such decisions shall be made on the basis of the broad policies, criteria and
regulations established by the Governing Council.
(e) For the appraisal of projects and programmes presented to it for financing, the Fund shan, as a
general rule, use the servicesf international institutions and may, where appropriate, use the services
of other competent agencies specialized in this field. Such institutions and agencies shall be selected
by the Executive Board after consultation with the recipient concerned and shall be directly
responsible to the Fund in performing the appraisal.
(f)The loan agreement shall be concluded in each case by the Fund and the recipient, which shall be
responsible for the execution of the project or programme concerned.
(g) Except as the Executive Board shail otherwise decide, the Fund shail entrust the administration
of loans, for the purposes of the disbursement of the proceeds of the loan and the supervision of the
implementation of the project or programme concerned, to competent national, regional,
14international or other institutions or entities. Such institutions or entities shall be of a wo:rldwide,
:regionalor national character and shall be selected in each case with the approval of the recipient.
Before submitting the loan to the Executive Board for approval, the Fund shall assure itself that the
institutionor entity to be entrusted with the supervision agrees with the results of the appraisal of the
project or programme concerned. This shall be arranged between the Fund and the institution or
agency in charge of the appraisal, as weIl as with the institution or entity to be entrusted with the
supervision.
(h) For the purposes of subsections (t)and (g) above, reference to "loans" shall be deemed to include
"grants".
(i)The Fund may extend a line of credit to a national development agency to provide and administer
subloans for the financing of projects and programmes within the terms of the loan agreement and
the framework agreed to by the Fund. Before the Executive Board approves the extension of such a
line of credit, the national development agency concerned and its programme shall be appraised in
accordance with the provisions of subsection (e). Implementation of the said programme shall be
subject to supervision by the institutions selected in accordance with the provisions of subsection (g).
0) The Executive Board shall adopt suitable regulations for procuring goods and services to be
financed from the resources of the Fund. Such regulations shall, as a general :cule,conform to the
principles of international competitive bidding and shall give appropriate preference to experts,
technicians and supplies from developing countries.
Section 3 -Miscellaneous Operations
In addition to the operations specified elsewhere in this Agreement, the Fund may undertake such
ancillary activities and exercise such powers incidental to its operations as shall be necessary in
furtherance of its objective.
RELATIONS WITH THE UNITED NATIONS AND WITH OTHER ORGANIZATIONS, INSTITUTIONS AND
AGENCIES
Section 1 -Relations with the United Nations
The Fund shall enter into negotiations with the United Nations with a view to concluding an
agreement to bring it into relationship with the United Nations as one of the specialized agencies
referred to in Article 57of the Charter of the United Nations. Any agreements concluded in
15accordance with Article 63 of the Charter shall require the approval of the Governing Council, bya
two-thirds majority of the total nwnber of votes, upon the recommendation of the Executive Board.
Section 2 -Relations with other Organizations, Institutions and Agencies
The Fund shall cooperate closely with the Food and Agriculture Organization of the United Nations
and other organizations of the United Nations system. It shall also cooperate closely with other
intergovernmental organizations, international financial institutions, non-governmental organizations
and governmental agencies concerned with agricultural development. To this end, the Fund will seek
the collaboration in its activities of the Food and Agriculture Organization of the United Nations and
the other bodies referred to above, and may enter into agreements or establish working arrangements
with such bodies, as may be decided by the Executive Board.
WITHDRAWAL, SUSPENSION OF MEMBERSHIP, TERMINATION OF OPERATIONS
Section 1 -Withdrawal
(a) Except as provided in Section 4(a) of this Article, a Member may withdraw from the Fund by
depositing an insttwnent of denunciation of this Agreement with the Depository.
(b) Withdrawal of a Member shall take effect on the date specified in its instrument of denunciation,
but in no event less than six months after deposit of such instrwnent.
Section 2 -Suspension of Membership
(a) If a Member fails to fulfil any of its obligations to the Fund, the Governing Council may, by a
three-fourths majority of the total nwnber of votes, suspend its membership. The Member so
suspended shall automatically cease to be a Member one year from the date of its suspension, unless
the Council decides by the same majority of the total number of votes to restore the Member to
good standing.
(b) While under suspension, a Member shall not be entided to exercise any rights under this
Agreement except the right of withdrawal, but shall remain subject to all of its obligations.
Section 3 -Rights and Duties of States Ceasing to be Members
Whenever aState ceases to be a Member, whether by withdrawal or through the operation of Section
2 of this Article, it shall have no rights under this Agreement except as provided in this Section or in
Section 2 of Article 11, but it shall remain liable for all financial obligations undertaken by it to the
16Fund, whether as Member, borrower or otherwise.
Section 4 -Termination of Operations and Distribution of Assets
(a) The Governing Council may terminate the Fund's operations bya three-fourths ma;ority of the
total number of votes. After such termination of operations the Fund shan forthwith cease an
activities, except those incidental to the orderly realization and conservation of its assets and the
settlement of its obligations. Until final settlement of such obligations and the distribution of such
assets, the Fund shall remain in existence and allrights and obligations of the Fund and its Members
under this Agreement shall continue unimpaired, except that no Member may be suspended or may
withdraw.
(b) No distribution of assets shall be made to Members until all liabilities to creditors have been
discharged or provided for. The Fund shan distribute its assets to contributing Members pro rata to
the contributions that each Member has made to the resources of the Fund. Such distribution shall
be decided by the Governing Council by a three-fourths ma;ority of the total number of votes and
shall be effected at such rimes, and in such currencies or other assets as the Governing Council shall
deem fair and equitable.
LEGAL STATUS, PRIVILEGES AND IMMUNITIES
Section 1 -Legal Status
The Fund shan possess internationallegal personality.
Section 2 -Privileges and Immunities
(a) The Fund shall en;oy in the territory of each of its Members such privileges and immunities as are
necessary for the exercise of its functions and for the fulfilment of its objective. Representatives of
Members, the President and the staff of the Fund shall en;oy such privileges and immunities as are
necessary for the independent exercise of their functions in connection with the Fund.
(b) The privileges and immunities referred to in paragraph (a) shall:
(iin the territory of any Member that has acceded to the Convention on the Privileges and
Immunities of the Specialized Agencies in respect of the Fund, be as defined in the standard
clauses of that Convention as modified by an annex thereto approved by the Governing
Council;
(iiin the territory of any Member that has acceded to the Convention on the Privileges and
Immunities of the Specialized Agencies only in respect of agencies other than the Fund, be
as defined in the standard clauses of that Convention, except if such Member notifies the
17 Depositary that such clauses shan not apply to the Fund or shall apply subject to such
modifications as may be specified in the notification;
(iiibe as defined in other agreements entered into by the Fund.
(c) In respect of a Member that is a grouping of States, it shan ensure that the privileges and
immunities referred to in this Article are applied in the territories of all members of the grouping.
INTERPRETATION AND ARBITRATION
Section 1 - Interpretation
(a) Any question of interpretation or application of the provisions of this Agreement arising between
any Member and the Fund or between Members of the Fund, shall be submitted to the Executive
Board for decision. If the question particularly affects any Member of the Fund not represented on
the Executive Board, that Member shan be entitled to be represented in accordance with regulations
to be adopted by the Governing Council.
(b) Where the Executive Board has given a decision pursuant to subsection (a), any Member may
requite that the question be referred to the Governing Council, whose decision shall be final
Pending the decision of the Governing Council, the Fund may, so far as it deems necessary, act on
the basis of the decision of the Executive Board.
Section 2 -Arbitration
In the case of a dispute between the Fund and aState that has ceased to be a Member, or between
the Fund and any Member upon the termination of the operations of the Fund, such dispute shan be
submitted to arbitration by a tribunal of three arbitrators. One of the arbitrators shan be appointed
by the Fund, another by the Member or former Member concerned and the two parties shall appoint
the third arbitrator, who shan be the Chairman. If within 45 days of receipt of the request for
arbitration, either party hasnot appointed an arbitrator, or if within 30 days of the appointment of
two arbitrators, the third arbitrator has not been appointed, either party may request the President of
the International Court of Justice, or such other authority as may have been prescribed by regulations
adopted by the Governing Council, to appoint an arbitrator. The procedure of the arbitration shall be
fixed by the arbitrators,but the Chairman shall have full power to settle all questions of procedure in
any case of disagreement with respect thereto. A majority vote of the arbitrators shall be sufficient to
reach a decision, which shall be final and binding upon the parties.
18 AMENOMENTS
(a) Except in respect of Schedule II:
(iAny proposal to amend this Agreement made by a Member or by the Executive Board
shall be communicated to the President who shall notify aIl Members. The President shall
refer proposals to amend this Agreement made by a Member to the Executive Board, which
shall submit its recommendations thereon to the Governing Council.
(iiAmendments shall be adopted by the Governing Council by a four-fifths majority of the
total number of votes. Amendments shall enter into force three months after their adoption
unless otherwise specified by the Governing Council, except that any amendment modifying:
(A)the right to withdraw from the Fund;
(B)the voting majority requirements provided for in this Agreement;
(C) the limitation on liability provided for in Section 3 of Article 3;
(0) the procedure for amending this Agreement;
shall not come into force until written acceptance of such amendment by all Members is
received by the President.
(b) In respect of the several parts of Schedule II, amendments shall be proposed and adopted as
provided in such parts.
(c) The President shall immediately notify aIl Members and the Depositary of any amendments that
are adopted and of the date of entry into force of any such amendments.
FINAL CLAUSES
Section 1 -Signature, Ratification, Acceptance, Approval and Accession
(a) This Agreement may be initiaIled on behalf of the States listed in Schedule l to this Agreement at
the United Nations Conference on the Establishment of the Fund and shaIl be open for signature at
the Headquarters of t..United Nations in New York by the States listed in that Schedule as soon as
19 the initial contributions indicated therein to be made in freely convertible currencies amount to at
leastthe equivalent of 1 000 million United States dollars (valued as of 10 June 1976). If the
foregoing requirement has not been fulfilled by 30 September 1976 the Preparatory Commission
established by that Conference shall convene by 31 January 1977 a meeting of the States listed in
Schedule l, which may by a two-thirds majority of each category reduce the above specified amount
and may also establish other conditions for the opening of this Agreement for signature.
(b) Signatory States may become parties by depositing an instrument of ratification, acceptance or
approval; non-signatory States listed in Schedule l may become parties by depositing an instrument
of accession. Instruments of ratification, acceptance, approval and accession by States in Category l
or II shall specify the amount of the initial contribution the State undertakes to make. Signatures may
be affixed and instruments of ratification, acceptance, approval or accession deposited by such States
untilone year after the entry into force of this Agreement.
(c) States listed in Schedule l that have not become parties to this Agreement within one year after its
entry into force and States that are not so listed, may, after approval of their membership by the
Governing Council, become parties by depositing an instrument of accession.
Section 2 -Depositary
(a) The Secretary-General of the United Nations shall be the Depositary of this Agreement.
(b) The Depositary shall send notifications concerning this Agreement
(i)until one year after its entry into force, to the States listed in Schedule l to this Agreement,
and after such entry into force to all States parties to this Agreement as well as to those
approved for membership by the Governing Council;
(ii)to the Preparatory Commission established by the United Nations Conference on the
Establishment of the Fund, as long as it remains in existence, and thereafter to the President.
Section 3 -Entry into Force
(a) This Agreement shall enter into force upon receipt by the Depositary of instruments of
ratification, acceptance, approval or accession from at least 6 States in Category l, 6 States in
Category II and 24 States in Category III, provided that such instruments have been deposited by
States in Categories l and II the aggregate of whose initial contributions specified in such instruments
amounts to as least the equivalent of 750 million United States dollars (valued as of 10 June 1976),
and further provided that the foregoing requirements have been fulfilled within 18 months of the
date on which this Agreement is opened for signature or by such later date as the States that have
deposited such instruments by the end of that period may decide, by a two-thirds majority of each
category, and as they notify to the Depositary.
(b) For States that deposit an instrument of ratification, acceptance, approval or accession
subsequent to the entry into force of this Agreement, it shall enter into force on the date of such
deposit.
(c) The obligations accepted by original and non-original Members under this Agreement prior to 26
January 1995 shall remam unimpaired and shall be the continuing obligations of each Member to the
20Fund.
(d) References throughout this Agreement to categories or to Categories l, II and III shall be deemed
to refer to the categories of Members prevailing prior to 26 January 1995, as set out in Schedule III
hereto, which forms an integral part of this Agreement
Section 4 -Reservations
Reservations may ooly be made to Section 2 of Article 11 of this Agreement.
Section 5 -Authoritative Texts
The versions of this Agreement in the Arabie, English, French and Spanish languages shall each be
equally authoritative.
IN WITNESS WHEREOF, the undersigned being duly authorized thereto, have signed this
Agreement in a single original in the Arabie, English, French and Spanish languages
21PART 1.STATES ELIGIBLE FOR ORIGINAL MEMBERSHIP
Category 1 Category Il Category III
Australia Algeria Argentina Mexico
Austria Gabon Bangladesh Morocco
Belgium Indonesia Bolivia Nicaragua
Canada Iran Botswana Pakistan
Denmark Iraq Brazil Panama
Finland Kuwait Cameroon Papua New Guinea
France Libyan Arab Jamahiriya Cape Verde Peru
Germany Nigeria Chad Philippines
Ireland Qatar Chile Portugal
Italy Saudi Arabia Colombia Republic of Korea
Luxembourg UnitedArab Emirates Congo Romania
Japan Venezuela Costa Rica Rwanda
Netherlands Cuba Senegal
NewZealand
Dominican Republic Sierra Leone
Norway Ecuador Somalia
Spain Egypt Sri Lanka
Sweden El Salvador Sudan
Switzerland Ethiopia Swaziland
United Kingdom of Great Ghana Syrian Arab Republic
Britain and Northern Ireland Greece Thailand
United Statesof America Guatemala Tunisia
Guinea Turkey
Haiti Uganda
Honduras United Republic
India of Tanzania
Israelt
Uruguay
Jamaica Yugoslavia
Kenya Zaire
Liberia Zambia
Mali
Malta
1 With reference to Article 7, Section 1(b), on the use of resources of the Fund for "developing countries·, this country will not be included
under this Section and will not seek or receive financing from the Fund.
22 PART Il. PLEOGES OF INITIAL CONTRIBUTIONS 2
State Currency Unit Amount in Currency Equivalent in SORs 3
Category 1
.Australia Australian dollar 8000000 a 8609840
Austria US dollar 4800000 a 4197864
Belgium Belgian franc 500000000 a
US dollar 1000000 a 11930855
Canada Canadian dollar 33000000 a 29497446
Denmark US dollar 7500000 a 6559163
Finland Finnish markka 12000000 a 2692320
France US dollar 25000000 21863875
Germany US dollar
55 000 000 a/b 48100525
Ireland Pound sterling 570000 a 883335
Italy US dollar 25000000 a 21863875
Japan US dollar 55000000 a 48100525
Luxembourg Special Drawing Right 320000 a 320000
Netherlands Dutch guilder 100000000
US dollar 3000000 34594265
New Zealand New Zealand dollar 2000000 a 1 721 998
Norway Norwegian kroner 75000000 a
US dollar 9981851 a 20612228
Spain US dollar 2000000 c 1 749 110
Sweden
Swedish kroner 100000000
US dollar 3000000 22325265
Switzerland Swiss franc 22000000 a 7720790
United Kingdom Pound sterling 18000000 27894780
United States US dollar 200000000 174911 000
subtotal 496149059
Category Il
Algeria US dollar 10000000 8745550
Gabon US dollar 500000 437278
Indonesia US dollar 1250000 1093 194
Iran US dollar 124750000 109100736
Iraq US dollar 20000000
17491 100
Kuwait US dollar 36000000 31483980
Libyan Arab Jamahiriya US dollar 20000000 17491 100
Nigeria US dollar
26000000 22738430
Qatar US dollar 9000000 7870995
Saudi Arabia US dollar 105500000 92265553
United Arab Emirates US dollar 16500000 14430 158
Venezuela US dollar 66000000 57720630
subtotal 380868704
2 Subject to obtaining, where required, the necessary legislative approval.
3 Special Drawing Rights (SORs) of the International Monetary valued as of 10 June 1976. These equivalent values are stated
merely for information in the light of Section 2(a) of Article 5 of the Agreement, with the understanding that the initial contributions
pledged willbe payable in accordance with Section 2(a) of Article 4 of the Agreement in the amount and currency specified by the
State concerned.
a Payable in three instalments.
b This amount includes an additional pledge of USD 3 million, which was made subject to the necessary budgetary arrangements in the
fiscal year 1977.
c Payable in two instalments.
23State Currency Unit Amountin Equivalent in SORs 3
Currenc~
Category III Freely Not Freely
Convertible Convertible
240000000
Argentina Argentine peso 1499237
d
Bangladesh Taka (equivalent of US dollar) 500000 437278
Cameroon US dollar 10000 8746
Chi/e US dollar 50000 43728
Ecuador US dollar 25000 21864
Egypt Egyptian pound (equivalent 300000 262367
of US dollar)
Ghana US dollar 100000 87456
Guinea Si/y 25000000 a 1012145
Honduras US dollar 25000 21864
India US dollar 2500000 2186388
Indian rupee (equivalent 2500000 2186388
of US dollar)
Israel Israel pound (equivalent 150000 a/e 131183
of US dollar)
Kenya Kenya shilling (equivalent 1000000 874555
of US dollar)
Mexico US dollar 5000000 4372775
Nicaragua Cordobas 200000 24894
Pakistan US dollar 500000 437278
Pakistan rupee (equivalent 500000 437278
of US dollar)
Philippines US dollar f 250000 43728 174911
Republic of
Korea US dollar 100000 87456
Won (equivalent of US dollar) 100000 87456
Romania Lei (equivalent of US dollar) 1000000 874555
Sierra Leone Leone 20000 15497
Sri Lanka US dollar 500000 437278
Sri Lanka rupee (equivalent 500000 437278
of US dollar)
Syrian Arab
Republic Syrianpound 500000 111409
Thailand US dollar 100000 87456
Tunisia Tunisian dinar 50000 100621
Turkey Turkish lira (equivalent 100000 87456
of US dollar)
Uganda Uganda shilling 200000 20832
United Republic Tanzania shilling 300000 31056
of Tanzania
24Yugoslavia Yugoslav dinar (equivalent 300000 262367
of US dollar)
subtotal 7836017 9068763
Total freely convertible 884853780*
Grand total (freely and not freely converible)
893922543
d To be spent within the territory of Argentina for goods or services required by the Fund.
e Usable for technical assistance.
USD 200 000 of this pledge was stated to be subject to confirmation, including the terms of payment and the
typeof currency. This amount has consequently been entered in the "not freely convertible" column.
Equivalentf USD 1 011 776023 valued as of 10 June 1976.
DISTRIBUTION OF VOTES AND ELECTION OF EXECUTIVE BOARD MEMBERS
1. The Governing Council, in accordance with the procedures specified in paragraph 29 of
this Schedule, shaIl decide, from cime to cime, the distribution of seats and alternate seats among the
Members of the Fund, taking into account: (i) the need to strengthen and safeguard the
mobilization of resources for the Fund; (ü) the equitable geographic distribution of the said seats;
and (ilithe role of developing Member Countries in the governance of the Fund.
2. Distribution of Votes in the Executive Board. Each member of the Executive Board shall be
entitled to cast the votes of aIl of the Members that it represents. Where the member represents
more than one Member, it may cast separately the votes of the Members that it represents.
3. (a) Lists of Member Countries. The Member Countries shail be divided, from cime to cime,
into Lists A, Band C for the purposes of this Schedule. Upon joining the Fund, a new Member
shail decide on which List it wishes to be placed and, after consultation with the Members of that
List, shail provide appropriate notification thereof to the President of the Fund in writing. A
Member may, at the cime of each election for the members and alternate members representing the
List of Member Countries to which it belongs, decide to withdraw from one List of Member
Countries and place itself upon another List of Member Countries, with the approval of the
Members therein. In such event, the concerned Member shail inform the President of the Fund in
writing of such change, who shail, from cime to cime, inform ail Members of the composition of ail
the Lists of Member Countries.
(b) Distribution of Seats in the Executive Board. The eighteen (18) members and up to
eighteen (18) alternate members of the Executive Board shail be elected or appointed from the
Members of the Fund and of whom:
25 (i)eight (8) members and up to eight (8) alternate members shall be elected or appointed
from among those Members set forth in the List A of Member Countries, to be established
from rime to cime;
(ii)four (4) members and four (4) alternate members shan be elected or appointed from
among those Members set forth in the List B of Member Countries, to be established from
cime to cime; and
(iii) six (6) members and six (6) alternate members shan be elected or appointed from
among those Members set forth in the List C of Member Countries, to be established from
cime to rime.
4. Procedures for the Election of Executive Board Members. The procedures that shall apply
for the election or appointment of members and alternate members to vacant seats on the
Executive Board shall be those set forth below for the respective Members of each List of Member
Countries.
A. ELECTION OF MEMBERS OF THE EXECUTIVE BOARD AND THEIR ALTERNATES
Part 1-List A Member Countries
5. AUof the members and alternate members of the Executive Board from List A of Member
Countries shall serve for a term of three years.
6. List A Member Countries shan form constituencies and, on the basis of procedures agreed
by the List A Member Countries and its constituencies, shan appoint eight members to the Executive
Board and shall also appoint up to eight alternates.
7. Amendments. The Governors representing List A Member Countries may by a unanimous
decision amend the provisions of Part l of this Schedule (paragraphs 5 to 6). Unless otherwise
decided, the amendment shall have immediate effect. The President of the Fund shan be informed of
any amendment to Part l of this Schedule.
Part Il -List B Member Countries
8. AUof the members and alternate members of the Executive Board from List B of Member
Countries shall serve for a term of three years.
9. The Members of List B shall form themselves into a number of constituencies equal to the
number of seats allocated to the List, with each constituency represented by one member and one
altemate member in the Executive Board The President of the Fund shan be informed of the
composition of each constituency and any changes thereto that may be made by the Members of List
B from cime to rime. .
10. The Members of List B shall decide on the procedures that shall apply for the election or
appointment of members and alternate members to vacant seats on the Executive Board and shall
26provide a copy thereof to the President of the Fund.
11. Amendments. The provisions of Part II of this Schedule (paragraphs 8 to 10) may be
amended by a vote of the Governors representing two-thirds of the List B Member Countries whose
contributions (made in accordance with Section 5(c) of Article 4) amount to seventy per cent (70%)
of the contributions of all List B Member Countries. The President of the Fund shall be informed of
any amendments to Part II of this Schedule.
Part III -List C Member Countries
Elections
12. AIl the members and alternate members of the Executive Board from List C of Member
Countries shall serve for a term of three years.
13. Except as decided otherwise by the Member Countries of List C, of the six (6) members and
six (6) alternate members of the Executive Board elected or appointed from among the List C
Member Countries, two (2) members and two (2) alternate members shall be from each of the
following regions, as these are set forth in each of the sub-Lists of List C Member Countries:
Africa (sub-List Cl);
Europe, Asia and the Pacific (sub-List C2); and
Latin America and the Caribbean (sub-List C3).
14. (a) In accordance with the provisions contained in paragraphs 1 and 27 of this Schedule, the
Member Countries of List C shall elect from the countries of its sub-List two members and two
alternate members to represent the interests of the whole of the said sub-List, including at least one
member or one alternate member from among the Member Countries in that sub-List making the
highest substantial contributions to the resources of the Fund.
(b) The Members of List C may review at any cime but not later than the Sixth Replenishment of the
Fund's Resources, the provisions of sub-paragraph (a) above, taking into account the experience of
each sub-List in the implementation of the said sub-paragraph and, if necessary, amended keeping in
view the relevant principles contained in Resolution 86/XVIII of the Governing Council.
15. Balloting shall first take place for all members to be elected from each sub-List for which
there is a vacancy and for which countries from each sub-List shall nominate candidates. Balloting
for each seat shall take place among the Members of the ListC.
16. After aIlmembers have been elected, balloting shall take place for electing alternate members
in the same orders indicated in paragraph 15 above.
17. Election shall require a simple ma;ority of the valid votes cast, not counting abstentions.
18. If no candidate obtains in the first ballot the ma;ority specified in paragraph 17 above,
successive ballots shall be held, from each of which that candidate shall be eliminated who receives
the lowest number of votes in the previous ballot.
19. In case of a tide vote, the ballot shall, if necessary, be repeated and, if the tide persists in that
ballot and on one subsequent one, a decision shall be taken by drawing lots.
2720. If at any stage there is only one candidate for a vacancy, he may be declared elected without
a ballot, if no Governor objects.
21. Meetings of the List C Member Countries for electing or appointing members and alternate
members of the Executive Board shall be held in private. The Members of the List C shall appoint by
consensus a Chairman for these meetings.
22. The Members of each sub-List shall appoint by consensus, the Chairman of the respective
sub-List meeting.
23. The names of the members and alternate members elected shall be furnished to the
President of the Fund along with the term of office of each member and alternate member and the
listof principals and alternates.
Casting of Votes in the Executive Board
24. For the purpose of casting votes in the Executive Board, the total number of votes of the
countries of each sub-List shall be divided equally between the members of the sub-List concerned.
Amendments
25. Part III of this Schedule (paragraphs 12 to 24) may be amended from rime to rime bya two
thirds majority of the List C Member Countries. The President of the Fund shall be informed of any
amendments to Part III of this Schedule.
B. GENERAL PROVISIONS APPLICABLE TO LIST A, B, AND C
26. The names of the members and alternate members elected or appointed by Lists A, Band C
of Member Countries, respectively, shall be furnished to the President of the Fund.
27. Notwithstanding anything to the contrary in paragraphs 5 to 25 above, at the time of each
election, the Members of a List of Member Countries or the members of a constituency within a List
may decide to appoint a specified number of Members making the highest substantial contribution to
the Fund from that List as a member or alternate member of the Executive Board for that List of
Member Countries in order to encourage Members to contribute to the resources of the Fund. In
such event, the result of that decision shall be notified in writing to the President of the Fund.
28. Once a new Member Country had joined a List of Member Countries, its Governor may
designate an existing member of the Executive Board for that List of Member Countries to represent
it and cast its votes until the next electionf members of the Executive Board for that List. During
such period, a member so designated shall be deemed to have been elected or appointed by the
Governor which so designated it and the Member Country shall be deemed to have joined that
member's constituency.
29. Amendments to Paragraphs 1 to 4, 7, 11 and 25 to 29. The procedures set forth in paragraphs 1 to
4, 7, 11 and 25 to 29 inclusive herein may be amended from rime to rime by a two-thirds majority of
the total votes of the Governing Council. Unless otherwise decided, any amendment of paragraphs 1
to 4, 7, 11 and 25 to 29 inclusive shall take effect immediately upon adoption thereof.
28 Category 1
Australia France Luxembourg Sweden
DISTRIBUTION OF
MEMBER STATES Austria Germany Netherlands Switzerland
AMONG Belgium Greece New Zealand United Kingdom
Canada Ireland Norway United States
CATEGORIES AS Denmark Italy Portugal
AT 26 JANUARY Finland Japan Spain
1995
Category Il
Algeria Iran Libyan Arab Jamahiriya Saudi Arabia
Gabon Iraq Nigeria United Arab Emirates
Indonesia Kuwait Qatar Venezuela
Category III
Afghanistan Cuba Liberia Sao Tome and Principe
Albania Cyprus Madagascar Senegal
Angola D.P.R. Korea Malawi Seychelles
Antigua and Barbuda Djibouti Malaysia Sierra Leone
Argentina Dominica Maldives Solomon Islands
Armenia Dominican Republic Mali Somalia
Azerbaijan Ecuador Malta Sri Lanka
Bangladesh Egypt Mauritania Sudan
Barbados El Salvador Mauritius Suriname
Belize Equatorial Guinea Mexico Swaziland
Benin Eritrea Mongolia Syria
Bhutan Etiopia Morocco Tajikistan
Bolivia Fiji Mozambique Tanzania, United
Bosnia and Herzegovina Gambia, Myanmar Republicof
Botswana Georgia Namibia Thailand
Brazil Ghana Nepal The Former Yugoslav
Burkina Faso Grenada Nicaragua Republicof Macedonia
Burundi Guatemala Niger Togo
Cambodia Guinea Oman Tonga
Cameroon Guinea-Bissau Pakistan Trinidad and Tobago
Cape Verde Guyana Panama Tunisia
Central African Republic Haiti Papua New Guinea Turkey
Chad Honduras Paraguay Uganda
Chile India Peru Uruguay
China Israel Philippines Viet Nam
Colombia Jamaica Republicof Korea Western Samoa
Comoros Jordan Romania Yemen
Congo Kenya Rwanda Yugoslavia
Cook Islands Kyrgyzstan Saint Christopher and Nevis Zaire
Costa Rica Laos Saint Lucia Zambia
Côte d'Ivoire Lebanon Saint Vincent and the Zimbabue
Croatia Lesotho Grenadines
29~ First printing 30 November 1977
~ Second revised printing 30 March 1988
~ Third printing 23 January 1990
.. Fourth revised printing April 1998
Produced by:
The Publications and Desktop Publishing Team
Design by:
Birgit Plockinger
Printed by:
Tipografia xyz, Rome
, IFAD
INTERNAnONALUND
FORAGRlCUUURAL
~ oevaOPMENT
--------------------------------------------------------------
Via Paolo di Dona, 44
Tel. +39-6-54591y
Fax +39-6-5043463
Telex 620330 IFA 0 - 1
E-maiIIFAD@ IFAD.ORG
30 II. RECORDS RELATING TO THE RECOGNITION BY
IFAD OF THE JURISDICTION OF THE ADMINISTRATIVE
TRIBUNAL OF THE INTERNATIONAL LABOUR
ORGANIZATION OVER DISPUTES BETWEEN IFAD AND
ITS STAFF 1
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1 INTERNATIO FUANLFOR AGRICULTU DREAVELOPMENT ~I.J) ~\ .' ·-u JJ...ù\JJJ_" ~
~O(J~ ~ Sê~
T'HEPRESIDENT
(
Dear Mr. Blanchard,
The Executive Board of the International Fund for Agricultural
Development, at tts meeting held from 26 ta 28 April 1988, adopted a
decision authorising the President of' the Fund to recognise the
jurisdiction of an Administrative Tribunal over disputes between the
Fund and lts employees.
In accordance vith that decision and with Article II, paragraph
5, of the Statute of the Administrative Tribunal of the International
Labour Organisation and vith the Annex to that Statute, l have the
bonour to inform you that the Fund recognises the Tribunal's competence
to hear complaints alleging non-observance, in substance or in fom, of
the terms of appointment of staff of the Fund and of tbe provisions of
the Personnel Policies Manual which are applicable to tbem and that the
Fund likewise accepts the Tribunal's Rules of Procedure.
l should be grateful if you would submit the matter to the
Governing Body of the International Labour Office and invite tt, in
accordance vith Article 11(5) of the Statute to approve the Fund ts
declaration of recognition of the Tribunal's jurisdiction and acceptance
of its Rules of Procedure with effect from 1 January 1989.
Our Executive Board bas already amended the Personnel Policies
Manual of the Fund to provide for referral to an Administrative Tribunal.
Yours sincerely,
Mr. Francis Blanchard,
Director-General,
International Labour Office,
4, route des Morillons,
CH-1211 Geneva 22,
S'Jtze rland
107, Via dei Sera'ie~cma,:ta~Cable~FAOROME. Telex S141S0i2 :FAO. Tel. 54591 (j,U -rl'--.,l,;"""
CO~) ,00
" ;' J-
INTERNATIONALLABOUR OFFICE
GENEVA
~-'it
THE DIRECTOR.GENERAL
\ \
\ t// ~\~
i -_.",.\
t --0 29 NOV1.9&B
\ .- ."~-- -~-
l- .-~-
Dear Sir,
Byyour letterof 4 October 1988you addressed to mea
declarationy the InternationFund for Agricultural
Developmentthat as from 1 January 1989 it wished to
recognise the jurisdictof the Administrative Tribunal of
the InternationLabour Organisation, the declarbeing
the one required by Article 1I(5) of the Tribunal's Statute.
The Gaverning Bodyof the InternatiLabour Office
approved the declaration on 18 November,at its 241st Sessior
and the Tribunal will accordingly be competent to hear com
the terms of appointment of offiand of provisions of tlm, of
staff regu1ations of the Fund.
The Registrar of the Tribunal will be pleased ta advise
.-__ -- ____ IOUon any administrative matters that mayarise.
• LegalFServices Yours faithfully,
Oivisi-:)n
16DEC1988
Receivel:..~......."INTERNATIONAL Dist r.
AGRICULrURAL RESTRICTED IFAD
DEVELOPMENT
EB 88/35/R.78
fi 28 October 1988
ENGLISH
Jl ORIGINAL: ENGLISH
Executive Board
Thirty-Fifth Session
Rome, 29 November - 2 December 1988
Agenda Item 9(b)
THE INTERNATIONA LLABOUR ORGANIZATIOA NDMINISTRATIVT ERIBUNAL (ILOAT)
1. The Executive Board, at its Thirty-Thlrd Session in April 1988,
after considering document EB 88/33/R.19, approved an amendment to
IFAD's Personnel Policies Manual (PPM) permitting IFAD to join an
administrative tribunal. During the discussions there were a number
of members of the Board who suggested that the International Labour
Organization Administrative Tribunal (1LOAT) might be the most
appropriate choice.
2. Accordingly, as reported by the President 1n his openlng statement
to the Thirty-Fourth Session of the Board in September 1988, the
President had further reviewed the various posslbilities and the
Sec.retariat entered into discussions with the Secretariat of ILOAT to
work out the necessary arrangements. Subsequently the President wrote
to the Director-General of the International Labour Organization (ILO),
formally indicatlng IFAD's intent ion to recognise the jurisdict ion of
the ILOAT.
3. IFAD has been informed that its declaration of recogni tion shou1d
be approved at the next session of the 1LO governing body, which takes
place from 3 to 18 November 1988. Thus, by the time of the
Thirty-Fifth Session of the Board, IFAD's declaration of recognition
should have been approved.
Recommendation
4. To finalise thls procedure on IFAD'spart, the ILOAT Secreta r1at
has advised IFAD that it should consequently now further amend the PPH
so as to specify the name of the tribunal. It ls therefore
recommended that the Board approve the following amendment to paragraph
4.10.2 (h), as amended by the Board at its Thirty-Third Session, to
read as follows:
"Cb) Should a mat ter affect fog an lndl vidua1 employee not be
resolved as a result of representation under this procedure, the
employee may refer the matter for final determination to the
International Labour Organization Administrative Tribunal (ILOAT)." 1
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1 III.STATUTE OF THE
ADMINISTRATIVE TRIBUNAL OF THE
INTERNATIONAL LABOUR ORGANIZATION j
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j Statute of the Administrative Tribunal of the International
Labour Organization
(Adopted by the International Labour Conference on 9 October 1946 and amended by the Conference
on 29 June 1949, 17 June 1986, 19 June 1992, 16 June 1998 and Il June 2008)
Article 1
There is established by the present Statute a Tribunal to be known as the International
Labour Organization Administrative Tribunal.
Article II
1. The Tribunal shaH be competent to hear complaints aHeging non-observance, in
substance or in form, of the terms of appointment of officiaIs of the International
Labour Office, and of such provisions of the Staff Regulations as are applicable to the
case.
2. The Tribunal shaHbe competent to settle any dispute concerning the compensation
provided for in cases of invalidity, injury or disease incurred by an official in the
course of his employment and to fix finaHy the amount of compensation, if any,
which is to be paid.
3. The Tribunal shaH be competent to hear any complaint of non-observance of the
Staff Pensions Regulations or ofrules made in virtue thereofin regard to an official or
the wife, husband or children of an official, or in regard to any c1assof officiaIs to
which the said Regulations or the said rules apply.
4. The Tribunal shaHbe competent to hear disputes arising out of contracts to which
the International Labour Organization is a party and which provide for the
competence of the Tribunal in any case of dispute with regard to their execution.
5. The Tribunal shaH also be competent to hear complaints aHegingnon-observance,
in substance or in form, of the terms of appointment of officiaIs and of provisions of
the Staff Regulations of any other international organization meeting the standards set
out in the Annex hereto which has addressed to the Director-General a dec1aration
recognizing, in accordance with its Constitution or internaI administrative rules, the
jurisdiction of the Tribunal for this purpose, as weH as its Rules of Procedure, and
which is approved by the Governing Body.
6. The Tribunal shaHbe open:
(a) to the official, evenfhis employment has ceased, and to any person on whom the
official'srights have devolved on his death;
(b) to any other person who can show that he is entitled to some right under the terms
of appointment of a deceased official or under provisions of the Staff Regulations on
which the official could re1y.7. Any dispute as to the competence of the Tribunal shaHbe decided by it, subject to
the provisions of article XII.
Article III
1. The Tribunal shaHconsist of seven judges who shaHaHbe of different nationalities.
2. The judges shaHbe appointed for a period of three years by the Conference of the
International Labour Organization.
3. A meeting of the Tribunal shaH be composed of three judges or, in exceptional
circumstances, five, to be designated by the President, or aHseven.
Article IV
The Tribunal shaHhold ordinary sessions at dates to be fixed by the Rules of Court,
subject to there being cases on its list and to such cases being, in the opinion of the
President, of a character to justify holding the session. An extraordinary session may
be convened at the request of the Chairman of the Goveming Body of the
International Labour Office.
Article V
The Tribunal, at its discretion, may decide or decline to hold oral proceedings,
including upon request of a party. The Tribunal shaHdecide in each case whether the
oral proceedings before it or any part of them shaHbe public or in camera.
Article VI
1. The Tribunal shaH take decisions by a majority vote; judgments shaH be final and
without appeal.
2. The reasons for ajudgment shaHbe stated. The judgment shaHbe communicated in
writing to the Director-General of the International Labour Office and to the
complainant.
3. Judgments shaHbe drawn up in a single copy, which shaHbe filed in the archives
of the International Labour Office, where it shaHbe available for consultation by any
person concerned.
Article VII
1. A complaint shaHnot be receivable unless the decision impugned is a final decision
and the person concerned has exhausted such other means of resisting it as are open to
him under the applicable Staff Regulations.
2. To be receivable, a complaint must also have been filed within ninety days after the
complainant was notified of the decision impugned or, in the case of a decision
affecting a class of officiaIs, after the decision was published.3. Where the Administration fails to take a decision upon any claim of an official
within sixtYdays from the notification of the claim to it, the person concerned may
have recourse to the Tribunal and his complaint shaH be receivable in the same
manner as a complaint against a final decision. The period of ninety days provided for
by the last preceding paragraph shaHrun from the expiration of the sixtYdays aHowed
for the taking of the decision by the Administration.
4. The filing of a complaint shaH not involve suspension of the execution of the
decision impugned.
Article VIII
In cases faHing under article II, the Tribunal, if satisfied that the complaint was weH
founded, shaH order the rescinding of the decision impugned or the performance of
the obligation relied upon. If such rescinding of a decision or execution of an
obligation is not possible or advisable, the Tribunal shaH award the complainant
compensation for the injury caused to him.
Article IX
1. The administrative arrangements necessary for the operation of the Tribunal shaH
be made by the International Labour Office in consultation with the Tribunal.
2. Expenses occasioned by sessions of the Tribunal shaHbe borne by the International
Labour Office.
3. Any compensation awarded by the Tribunal shaHbe chargeable to the budget of the
International Labour Organization.
Article X
1. Subject to the provisions of the present Statute, the Tribunal shaHdraw up Rules of
Court covering:
(a) the election of the President and Vice-President;
(b) the convening and conduct of its sessions;
(c) the rules to be foHowed in presenting complaints and in the subsequent procedure
including intervention in the proceedings before the Tribunal by persons whose rights
as officiaIs may be affected by the judgment;
(d) the procedure to be foHowed with regard to complaints and disputes submitted to
the Tribunal by virtue of paragraphs 3 and 4 of article II;
(e) and, generaHy, aHmatters relating to the operation of the Tribunal which are not
settled by the present Statute.
2. The Tribunal may amend the Rules of Court. Article XI
The present Statute shall remain in force during the pleasure of the General
Conference of the International Labour Organization. It may be amended by the
Conference or such other organ of the Organization as the Conferencemay determine.
Article XII
1. In any case in which the Governing Body of the International Labour Office or the
Administrative Board of the Pensions Fund challenges a decision of the Tribunal
confirming its jurisdiction, or considers that a decision the Tribunal is vitiated by a
fundamental fault in the procedure followed, the question of the validity of the
decision given by the Tribunal shall be submitted by the Governing Body, for an
advisory opinion, to the InternationalCourtof Justice.
2. The opinion givenby the Court shall be binding.
ANNEX TO THE STATUTE OF THE ADMINISTRATIVE TRIBUNAL OF
THE INTERNATIONAL LABOUR ORGANIZATION
To be entitled to recognize the jurisdiction of the Administrative Tribunal of the
International Labour Organization in accordance with paragraph 5 of article II of its
Statute, an internationalorganization must either be intergovemmental in character, or
fulfil the following conditions:
a) it shall be clearly international in character, having regard to its membership,
structure and scope of activity;
b) it shall not be requiredo apply any nationallaw in its relations with its officiaIs,
and shall enjoy immunity from legal process as evidenced by a headquarters
agreement concludedwith the host country; and
c) it shall be endowed with functions of a permanent nature at the internationallevel
and offer, in the opinion of the Governing Body, sufficient guarantees as to its
institutional capacity to carry out such functions as well as guarantees of compliance
with the Tribunal'sjudgments.
The Statute of the Tribunal applies in its entirety to such international organizations
subject to the following provisions which, in cases affecting any one of these
organizations, are applicableas follows:
Article VI, paragraph 2
The reasons for a judgment shall be stated. The judgment shall be communicated in
writing to the Director-General of the International Labour Office, to the Director
General of the international organization against which the complaint is filed, and to
the complainant.Article VI, paragraph 3
Judgments shall be drawn up in two copies, of which one shall be filed in the archives
of the International Labour Office and the other in the archives of the international
organization against which the complaint is filed, where they shall be available for
consultation by any person concerned.
Article IX, paragraph 2
Expenses occasioned by the sessions or hearings of the Administrative Tribunal shall
be borne by the international organization against which the complaint is filed.
Article IX, paragraph 3
Any compensation awarded by the Tribunal shall be chargeable to the budget of the
international organization against which the complaint is filed.
Article XII, paragraph 1
In any case in which the Executive Board of an international organization which has
made the declaration specified in article II. paragraph 5, of the Statute of the Tribunal
challenges a decision of the Tribunal confirming its jurisdiction, or considers that a
decision of the Tribunal is vitiated by a fundamental fault in the procedure followed,
the question of the validity of the decision given by the Tribunal shall be submitted by
the Executive Board concerned, for an advisory opinion, to the International Court of
Justice. j
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jIV. UNITED NATIONS CONVENTION TO COMBAT
DESERTIFICATION IN COUNTRIES EXPERIENCING
SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARL y IN AFRICA (UNCCD)UNITED
NATIONS
A
Distr.
General Assembly GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTALNEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBATDESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHTAND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTIONTO COMBATDESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHTAND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the verification
processes as requested by the INCD upon adoption of the Convention at its fifth
session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
GE.94-64371 A/AC.241/27
page 2
UNITED NATIONS CONVENTION TO COMBATDESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHTAND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for a
significant proportion of the Earth's land area and are the habitat and source
of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect aIl regions of the world and that joint action of
the international community is needed to combat desertification and/or mitigate
the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena in
Africa,
Noting aiso that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat desertification
adequately,
Conscious that sustainable economic growth, social development and poverty
eradication are priorities of affected developing countries, particularly in
Africa, and are essential to meeting sustainability objectives,
Mindfui that desertification and drought affect sustainable development
through their interrelationships with important social problems such as poverty,
poor health and nutrition, lack of food security, and those arising from
migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of States
and international organizations in combating desertification and mitigating the
effects of drought, particularly in implementing the Plan of Action to Combat
Desertification which was adopted at the United Nations Conference on
Desertification in 1977, A/AC.241/27
page 3
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at aIl levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the United
Nations Conference on Environment and Development, particularly of Agenda 21 and
its chapter 12, which provide a basis for combating desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority in
it prescribed for Africa, and aIl other relevant United Nations resolutions,
decisions and programmes on desertification and drought, as weIl as relevant
declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which states,
in its Principle 2, that States have, in accordance with the Charter of the
United Nations and the principles of international law, the sovereign right to
exploit their own resources pursuant to their own environmental and developmental
policies, and the responsibility to ensure that activities within their
jurisdiction or control do not cause damage to the environment of other States
or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in that
respect depends on local implementation of action programmes in affected areas,
Recognizing also the importance and necessity of international cooperation
and partnership' in combating desertification and mitigating the effects of
drought,
Recognizing further the importance of the provision to affected developing
countries, particularly in Africa, of effective means, inter alia substantial
financial resources, including new and additional funding, and access to
technology, without which it will be difficult for them to implement fully their
commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men and
women at aIl levels in programmes to combat desertification and mitigate the
effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects of
drought,A/AC.241/27
page 4
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and national
communities,
Bearing aiso in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Beiieving that strategies to combat desertification and mitigate the effects
of drought will be most effective if they are based on sound systematic
observation and rigorous scientific knowledge and if they are continuously re
evaluated,
Recognizing the urgent need to improve the effectiveness and coordination
of international cooperation to facilitate the implementation of national plans
and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART l
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and dry
sub-humid areas resulting from various factors, including climatic
variations and human activitiesi
(b) "combating desertification" includes activities which are part of the
integrated development of land in arid, semi-arid and dry sub-humid
areas for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land; A/AC.241/27
page 5
(c) "drought" means the naturally occurring phenomenon that exists when
precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land
resource production systems;
(d) "mitigating the effects of drought" means activities related to the
prediction of drought and intended to reduce the vulnerability of
society and natural systems to drought as it relates to combating
desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological
processes that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and dry
sub-humid areas, of the biological or economic productivity and
complexity of rainfed cropland, irrigated cropland, or range, pasture,
forest and woodlands resulting from land uses or from a process or
combination of processes, including processes arising from human
activities and habitation patterns, such as:
(i) soil erosion caused by wind and/or waterj
(ii) deterioration of the physical, chemical and biological or
economic properties of soil: and
(iii)
long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual
precipitation to potential evapotranspiration falls within the range
from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertificationj
(i) "affected countries" means countries whose lands include, in whole or
in part, affected areaSi
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence
in respect of matters governed by this Convention and has been duly
authorized, in accordance with its internaI procedures, to sign,
ratify, accept, approve or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries. A/AC.241/27
page 6
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought and/or
desertification, particularly in Africa, through effective action at aIl levels,
supported by international cooperation and partnership arrangements, in the
framework of an integrated approach which is consistent with Agenda 21, with a
view to contributing to the achievement of sustainable development in affected
areas.
2. Achieving this objective will involve long-term integrated strategies
that focus simultaneously, in affected areas, on improved productivity of land,
and the rehabilitation, conservation and sustainable management of land and water
resources, leading to improved living conditions, in particular at the community
level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement its
provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate
the effects of drought are taken with the participation of populations
and local communities and that an enabling environment is created at
higher levels to facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional,
regional and international levels, and better focus financial, human,
organizational and technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership, cooperation
among aIl levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of
the nature and value of land and scarce water resources in affected
areas and to work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs and
circumstances of affected developing country Parties, particularly the
least developed among them. A/AC.241/27
page 7
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this Convention,
individually or jointly, either through existing or prospective bilateral and
multilateral arrangements or a combination thereof, as appropriate, emphasizing
the need to coordinate efforts and develop a coherent long-term strategy at aIl
levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological and
socio-economic aspects of the processes of desertification and
drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with
regard to international trade, marketing arrangements and debt with
a view to establishing an enabling international economic environment
conducive to the promotion of sustainable developmenti
(c) integrate strategies for poverty eradication into efforts to combat
desertification and mitigate the effects of droughti
(d) promote cooperation among affected country Parties in the fields of
environmental protection and the conservation of land and water
resources, as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in mind
the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial
financial resources to affected developing country Parties in
combating desertification and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in the
implementation of the Convention. A/AC.241/27
page 8
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with
their circumstances and capabilitiesi
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat
desertification and mitigate the effects of droughti
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to
desertification processesi
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non
governmental organizations, in efforts to combat desertification and
mitigate the effects of drought; and
(e) provide an enabling environment by strengthening, as appropriate,
relevant existing legislation and, where they do not exist, enacting
new laws and establishing long-term policies and action programmes.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4, developed
country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts of
affected developing country Parties, particularly those in Africa, and
the least developed countries, to combat desertification and mitigate
the effects of drought;
(b) provide substantial financial resources and other forms of support to
assist affected developing country Parties, particularly those in
Africa, effectively to develop and implement their own long-term plans
and strategies to combat desertification and mitigate the effects of
droughti
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and A/AC.241/27
page 9
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate
technology, knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to affected
African country Parties, in the light of the particular situation prevailing in
that region, while not neglecting affected developing country Parties in other
regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried out
under this Convention and, if they are Parties to them, under other relevant
international agreements, particularly the United Nations Framework Convention
on Climate Change and the Convention on Biological Diversity, in order to derive
maximum benefit from activities under each agreement while avoiding duplication
of effort. The Parties shall encourage the conduct of j oint programmes,
particularly in the fields of research, training, systematic observation and
information collection and exchange, to the extent that such acti vi ties may
contribute to achieving the objectives of the agreements concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES,SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the framework
of its regional implementation annex or 1 otherwise, that has notified the
Permanent Secretariat in writing of its intention ta prepare a national action A/AC.241/27
page 10
programme, shall, as appropriate, prepare, make public and implement national
action programmes, utilizing and building, to the extent possible, on existing
relevant successful plans and programmes, and subregional and regional action
programmes, as the central element of the strategy to combat desertification and
mitigate the effects of drought. Such programmes shall be updated through a
continuing participatory process on the basis of lessons from field action, as
weIl as the results of research. The preparation of national action programmes
shall be closely interlinked with other efforts ta formulate national policies
for sustainable development.
2. In the provision by developed country Parties of different forms of
assistance under the terms of article 6, priority shall be given to supporting,
as agreed, national, subregional and regional action programmes of affected
developing country Parties, particularly those in Africa, either directly or
through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the United
Nations system and other relevant intergovernmental organizations, academic
institutions, the scientific community and non-governmental organizations in a
position to cooperate, in accordance with their mandates and capabilities, to
support the elaboration, implementation and follow-up of action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the factors
contributing to desertification and practical measures necessary to combat
desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be
integrated with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope
with different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive measures
for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warningi A/AC.241/27
page 11
(e) promote policies and strengthen institutional frameworks which develop
cooperation and coordination, in a spirit of partnership, between the
donor community, governments at aIl levels, local populations and
community groups, and facilitate access by local populations to
appropriate information and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local
populations, both women and men, particularly resource users,
including farmers and pastoralists and their representative
organizations, in policy planning, decision-making, and Implementation
and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, sorne or aIl of the
following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early warning
systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and
regional levels, which take into consideration seasonal to interannual
climate predictions;
(c) establishment and/or strengthening, as appropriate, of food security
systems, including storage and marketing facilities, particularly in
rural areaSi
(d) establishment of alternative livelihood projects that could provide
incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops and
livestock.
4. Taking into account the circumstances and requirements specifie to
each affected country Party, national action programmes include, as appropriate,
inter alia, measures in some or aIl of the following priority fields as they
relate to combating desertification and mitigating the effects of drought in
affected areas and to their populations: promotion of alternative livelihoods and
improvement of national economic environments with a view to strengthening
programmes aimed at the eradication of poverty and at ensuring food securitYi
demographic dynamics; sustainable management of natural resourceSi sustainable
agricultural practicesi development and efficient use of various energy sources;
institutional and legal frameworks; strengthening of capabilities for assessment
and systematic observation, including hydrological and meteorological services,
and capacity building, education and public awareness. A/AC.241/27
page 12
Article 11
Subregional and regional action programmes
Affected country Parties shall consul t and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an enabling
international environment in the implementation of the Convention. Such
cooperation should also cover fields of technology transfer as weIl as scientific
research and development, information collection and dissemination and financial
resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9 include,
inter alia:
(a) financial cooperation to provide predictability for action programmes,
allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful
pilot programme activities where relevant;
(c) increased flexibility in project design, funding and implementation
in keeping with the experimental, iterative approach indicated for
participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that increase
the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed country
Parties. AjAC.241j27
page 13
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through relevant
intergovernmental organizations, in the elaboration and implementation of action
programmes.
2. The Parties shall develop operational mechanisms, particularly at the
national and field levels, to ensure the fullest possible coordination among
developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact of
assistance. In affected developing country Parties, priority will be given to
coordinating activities related to international cooperation in order to rnaximize
the efficient use of resources, to ensure responsive assistance, and to
facilitate the irnplementation of national action programmes and priorities under
this Convention.
Article lS
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as weIl as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
irnplementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to integrate
and coordinate the collection, analysis and exchange of relevant short term and
long term data and information to ensure systematic observation of land
degradation in affected areas and to understand better and assess the processes
and effects of drought and desertification. This would help accomplish,
inter alia, early warning and advance planning for periods of adverse climatic
variation in a form suited for practical application by users at aIl levels,
including especially local populations. To this end, they shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange
of information, as weIl as for systematic observation at aIl levels,
which shall, inter alia: A/AC.241/27
page 14
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in remote
areas;
(iii) use and disseminate modern technology for data collection,
transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information
sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers,
with a view to resolving specifie problems, and that local communities
are involved in these activitiesi
(c) support and further develop bilateral and multilateral programmes and
projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including,
inter alia, integrated sets of physical, biological, social and
economic indicators;
(d) make full use of the expertise of competent intergovernmental and non
governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regionsi
(e) give full weight to the collection, analysis and exchange of socio
economic data, and their integration with physical and biological
datai
(f) exchange and make fully, openly and promptly available information
from aIl publicly available sources relevant to combating
desertification and mitigating the effects of droughti and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring
adequate protection for it and providing appropriate return from the
benefits derived from it, on an equitable basis and on mutually agreed
terms, to the local populations concerned~
Article 17
Research and development
1. The Parties undertake, according to their respective capabilities, to
promote technical and scientific cooperation in the fields of combating
desertification and mitigating the effects of drought through appropriate
national, subregional, regional and international institutions. To this end,
they shall support research activities that: A/AC.241/27
page 15
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction
between, causal factors, both natural and human, with a view to
combating desertification and mitigating the effects of drought, and
achieving improved productivity as weIl as sustainable use and
management of resourceSi
(b) respond to weIl defined objectives, address the specific needs of
local populations and lead to the identification and implementation
of solutions that improve the living standards of people in affected
areaSi
(c) protect, integrate, enhance and validate traditional and local
knowledge, know-how and practices, ensuring, subject to their
respective national legislation and/or policies, that the owners of
that knowledge will directly benefit on an equitable basis and on
mutually agreed terms from any commercial utilization of it or from
any technological development derived from that knowledgei
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in
Africa, including the development of local skills and the
strengthening of appropriate capacities, especially in countries with
a weak research base, giving particular attention to multidisciplinary
and participative socio-economic research;
(e) take into account, where relevant, the relationship between poverty,
migration caused by environmental factors, and desertificationi
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in
both the public and private sectors, for the development of improved,
affordable and accessible technologies for sustainable development
through effective participation of local populations and communitiesi
and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions, reflecting
different local conditions, should be included in action programmes. The
Conference of the Parties shall review research priorities periodically on the
advice of the Committee on Science and Technolo~y.
Article 18
Transfer, acquisition, adaptation and development of technology
1. The Parties undertake, as mutually agreed and in accordance with their
respective national legislation and/or policies, to promote, finance and/or
facilitate the financing of the transfer, acquisition, adaptation and development
of environmentally sound, economically viable and socially acceptable A/AC.241/27
page 16
technologies relevant to cornbating desertification and/or mitigating the effects
of drought, with a view to contributing to the achievement of sustainable
development in affected areas. Such cooperation shall be conducted bilaterally
or multilaterally, as appropriate, making full use of the expertise of
intergovernmental and non-governmental organizations. The Parties shall, in
particular:
(a) fully utilize relevant existing national, subregional, regional and
international information systems and clearing-houses for the
dissemination of information on available technologies, their sources,
their environmental risks and the broad terms under which they may be
acquired;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and
preferential terms, as mutually agreed, taking into account the need
to protect intellectual property rights, to technologies most suitable
to practical application for specifie needs of local populations,
paying special attention to the social, cultural, economic and
environmental impact of. such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate meanSi
(d) extend technology cooperation with affected developing country
Parties 1 incl uding 1 where relevant, joint ventures, especially to
sectors which foster alternative livelihoodsi and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development,
transfer, acquisition and adaptation of suitable technology,
knowledge, know-how and practices, including measures to ensure
adequate and effective protection of intellectual property rights.
2. The Parties shall, according to their respective capabilities, and
subject to their respective national legislation and/or policies, protect,
promote and use in particular relevant traditional and local technology,
knowledge, know-how and practices and, to that end, they undertake to:
(a) make inventories of such technology, knowledge, know-how and practices
and their potential uses with the participation of local populations,
and disseminate such information, where appropriate, in cooperation
with relevant intergovernmental and non-governmental organizations;
(b) ensure that such technology, knowledge, know-how and practices are
adequately protected and that local populations benefit directly, on
an equitable basis and as mutually agreed, from any commercial
utilization of them or from any technological development derived
therefrom;
(c) encourage and actively support the improvement and dissemination of
such technology, knowledge, know-how and practices or of the
development of new technology based on themi and A/AC.241/27
page 17
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with
modern technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize the significance of capacity building -- that
is to say, institution building, training and development of relevant local and
national capacities -- in efforts to combat desertification and mitigate the
effects of drought. They shall promote, as appropriate, capacity-building:
(a) through the full participation at aIl levels of local people,
particularlyat the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national level
in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension services
to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural
organizations in participatory approaches for the conservation and
sustainable use of natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how and
practices of local people in technical cooperation programmes,
wherever possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to
modern socio-economic conditions;
(f) by providing appropriate training and technology in the use of
alternative energy sources, particularly renewable energy resources,
aimed particularly at reducing dependence on wood for fuel;
(g) through cooperation, as mutually agreed, to strengthen the capacity
of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of
information pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skillsi
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the
dissemination and use of early warning information on drought
conditions and for food production; A/AC.241/27
page 18
(j) through more effective operation of existing national institutions and
legal frameworks and, where necessary, creation of new ones, along
with strengthening of strategie planning and management; and
(k) by means of exchange visitor programmes to enhance capacity building
in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation wi th
other Parties and competent intergovernmental and non-governmental organizations,
as appropriate, an interdisciplinary review of available capacity and facilities
at the local and national levels, and the potential for strengthening them.
3. The Parties shall cooperate with each other and through competent
intergovernmental organizations, as weIl as with non-governmental organizations,
in undertaking and supporting public awareness and educational programmes in both
affected and, where relevant, unaffected country Parties to promote understanding
of the causes and effects of desertification and drought and of the importance
of meeting the objective of this Convention. To that end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to public
awareness;
(d) develop and exchange educational and public awareness material, where
possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out
relevant education and awareness programmes, and fully utilize
relevant educational material available in competent international
bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for aIl, in particular for girls and
women, on the identification, conservation and sustainable use and
management of the natural resources of affected areaSj and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in
non-formaI, aduIt, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification and
mitigate the effects of drought. These networks shall be coordinated by an
institution created or designated for that purpose, in order to train scientific,
technical and management personnel and to strengthen existing institutions
responsible for education and training in affected country Parties, where
appropriate, with a view to harmonizing programmes and to organizing exchanges A/AC.241/27
page 19
of experience among them. These networks shall cooperate closely with relevant
intergovernmental and non-governmental organizations to avoid duplication of
effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of the
objective of the Convention, the Parties, taking into account their capabilities,
shall make every effort to ensure that adequate financial resources are available
for programmes to combat desertification and mitigate the effects of drought.
2. In this connection, developed country Parties, while giving priority
to affected African country Parties without neglecting affected developing
country Parties in other regions, in accordance with article 7, undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of
programmes to combat desertification and mitigate the effects of
droughti
(b) promote the mobilization of adequate, timely and predictable financial
resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those
activities concerning desertification that relate to its four focal
areas, in conformity with the relevant provisions of the Instrument
establishing the Global Environment FacilitYi
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling
resources, including those of foundations, non-governmental
organizations and other private sector entities, particularly debt
swaps and other innovative means which increase financing by reducing
the external debt burden of affected developing country Parties,
particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use and
continued qualitative improvement of aIl national, bilateral and multilateral
funding sources and mechanisms, using consortia, joint programmes and parallel
financing, and shall seek to involve private sector funding sources and
mechanisms, including those of non-governmental organizations. Ta this end, the
Parties shall fully utilize the aperational mechanisms developed pursuant ta
article 14. A/AC.241/27
page 20
5. In order to mobilize the financial resources necessary for affected
developing country Parties to combat desertification and mitigate the effects of
drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of
drought by using them more effectively and efficiently, assessing
their successes and shortcomings, rernoving hindrances to their
effective use and, where necessary, reorienting programmes in light
of the integrated long-terrn approach adopted pursuant to this
Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including
regional development banks and funds, to supporting affected
developing country Parties, particularly those in Africa, in
activities which advance implementation of the Convention, notably
action programmes they undertake in the framework of regional
implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will be
greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their obligations,
developed country Parties should take fully into account that economic and social
development and poverty eradication are the first priorities of affected
developing country Parties, particularly those in Africa.
Article 21
Financial mechanisms
1. The Conference of the Parties shall promote the availability of
financial mechanisms and shall encourage such mechanisms to seek to maximize the
availability of funding for affected developing country Parties, particularly
those in Africa, to implement the Convention. To this end, the Conference of the
Parties shall consider for adoption inter alia approaches and policies that:
(a) facilitate the provision of necessary funding at the national,
subregional, regional and global levels for activities pursuant to
relevant provisions of the Convention;
(b) promote multiple-source funding approaches, rnechanisrns and
arrangements and their assessment, consistent with article 20; A/AC.241/27
page 21
(c) provide on a regular basis, to interested Parties and relevant
intergovernmental and non-governmental organizations, information on
available sources of funds and on funding patterns in order to
facilitate coordination among themi
(d) facilitate the establishment, as appropriate, of mechanisms, such as
national desertification funds, including those involving the
participation of non-governmental organizations, to channel financial
resources rapidly and efficiently to the local level in affected
developing country Parties; and
(e) strengthen existing funds and financial mechanisms at the subregional
and regional levels, particularly in Africa, to support more
effectively the implementation of the Convention.
2. The Conference of the Parties shall also encourage the provision,
through various mechanisms within the United Nations system and through
multilateral financial institutions, of support at the national, subregional and
regional levels to activities that enable developing country Parties to meet
their obligations under the Convention.
3. Affected developing country Parties shall utilize, and where
necessary, establish and/or strengthen, national coordinating mechanisms,
integrated in national development programmes, that would ensure the efficient
use of aIl available financial resources. They shall also utilize participatory
processes involving non-governmental organizations, local groups and the private
sector, in raising funds, in elaborating as weIl as implementing programmes and
in assuring access to funding by groups at the local level. These actions can
be enhanced by improved coordination and flexible programming on the part of
those providing assistance.
4. In order to increase the effectiveness and efficiency of existing
financial mechanisms, a Global Mechanism ta promote actions leading to the
mobilization and channelling of substantial financial resources, including for
the transfer of technology, on a grant basis, and/or on concessional or other
terms, to affected developing country Parties, is hereby established. This
Global Mechanism shall function under the authority and guidance of the
Conference of the Parties and be accountable to it.
5. The Conference of the Parties shall identify, at its first ordinary
session, an organization to house the Global Mechanism. The Conference of the
Parties and the organization it has identified shall agree upon modalities for
this Global Mechanism to ensure inter alia that such Mechanism:
(a) identifies and draws up an inventory of relevant bilateral and
multilateral cooperation programmes that are available to implement
the Convention;
(b) provides advice, on request, to Parties on innovative methods of
financing and sources of financial assistance and on improving the
coordination of cooperation activities at the national level; A/AC.241/27
page 22
(c) provides interested Parties and relevant intergovernmental and non
governmental organizations with information on available sources of
funds and on funding patterns in order to facilitate coordination
among themi and
(d) reports to the Conference of the Parties, beginning at its second
ordinary session, on its activities.
6. The Conference of the Parties shall, at its first session, make
appropriate arrangements with the organization it has identified to house the
Global Mechanism for the administrative operations of such Mechanism, drawing to
the extent possible on existing budgetary and human resources.
7. The Conference of the Parties shall, at its third ordinary session,
review the policies, operational modalities and activities of the Global
Mechanism accountable to it pursuant to paragraph 4, taking into account the
provisions of article 7. On the basis of this review, it shall consider and take
appropriate action.
PART IV
INSTITUTIONS
Article 22
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties is the supreme body of the Convention.
Tt shall make, within its mandate, the decisions necessary to promote its
effective implementation. In particular, it shall:
(a) regularly review the implementation of the Convention and the
functioning of its institutional arrangements in the light of the
experience gained at the national, subregional, regional and
international levels and on the basis of the evolution of scientific
and technological knowledge;
(b) promote and facilitate the exchange of information on measures adopted
by the Parties, and determine the form and timetable for transmitting
the information to be submitted pursuant to article 26, review the
reports and make recommendations on themi
(c) establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(d) review reports submitted by its subsidiary bodies and provide guidance
to them; A/AC.241/27
page 23
(e) agree upon and adopt, by consensus, rules of procedure and financial
rules for itself and any subsidiary bodies;
(f) adopt amendments to the Convention pursuant to articles 30 and 31;
(g) approve a programme and budget for its activities, including those of
its subsidiary bodies, and undertake necessary arrangements for their
financing;
(h) as appropriate, seek the cooperation of, and utilize the services of
and information provided by, competent bodies or agencies, whether
national or international, intergovernmental or non-governmental;
(i) promote and strengthen the relationship with other relevant
conventions while avoiding duplication of effort; and
(j) exercise such other functions as may be necessary for the achievement
of the objective of the Convention.
3. The Conference of the Parties shall, at its first session, adopt its
own rules of procedure, by consensus, which shall include decision-making
procedures for matters not already covered by decision-making procedures
stipulated in the Convention. Such procedures may include specified majorities
required for the adoption of particular decisions.
4. The first session of the Conference of the Parties shall be convened
by the interim secretariat referred to in article 35 and shall take place not
later than one year after the date of entry into force of the Convention. Unless
otherwise decided by the Conference of the Parties, the second, third and fourth
ordinary sessions shall be held yearly, and thereafter, ordinary sessions shall
be held every two years.
5. Extraordinary sessions of the Conference of the Parties shall be held
at such other times as may be decided either by the Conference of the Parties in
ordinary session or at the written request of any Party, provided that, within
three months of the request being communicated to the Parties by the Permanent
Secretariat, it is supported by at least one third of the Parties.
6. At each ordinary session, the Conference of the Parties shall elect
a Bureau. The structure and functions of the Bureau shall be determined in the
rules of procedure. In appointing the Bureau, due regard shall be paid to the
need to ensure equitable geographical distribution and adequate representation
of affected country Parties, particularly those in Africa.
7. The United Nations, its specialized agencies and any State member
thereof or observers thereto not Party to the Convention, may be represented at
sessions of the Conference of the Parties as observers. Any body or agency,
whether national or international, governmental or non-governmental, which is
qualified in matters covered by the Convention, and which has informed the
Permanent Secretariat of its wish to be represented at a session of the
Conference of the Parties as an observer, may be so admitted unless at least one A/AC.241j27
page 24
third of the Parties present obj ect. The admission and participation of
observers shall be subject to the rules of procedure adopted by the Conference
of the Parties.
8. The Conference of the Parties may request competent national and
international organizations which have relevant expertise to provide it
with information relevant to article 16, paragraph (g), article 17, paragraph 1
(c) and article 18, paragraph 2(b).
Article 23
Permanent Secretariat
1. A Permanent Secretariat is hereby established.
2. The functions of the Permanent Secretariat shall be:
(a) to make arrangements for sessions of the Conference of the Parties and
its subsidiary bodies established under the Convention and to provide
them with services as requiredi
(b) to compile and transmit reports submitted to it;
(c) to facilitate assistance to affected developing country Parties, on
request, particularly those - in Africa, in the compilation and
communication of information required under the Convention;
(d) to coordinate its activities with the secretariats of other relevant
international bodies and conventions;
(e) to enter, under the guidance of the Conference of the Parties, into
such administrative and contractual arrangements as may be required
for the effective discharge of its functionsi
(f) to prepare reports on the execution of its functions under this
Convention and present them to the Conference of the Parties; and
(g) to perform such other secretariat functions as may be determined by
the Conference of the Parties.
3. The Conference of the Parties, at its first session, shall designate
a Permanent Secretariat and make arrangements for its functioning.
Article 24
Committee on Science and Technology
1. A Committee on Science and Technology is hereby established as a
subsidiary body of the Conference of the Parties to provide it with information
and advice on scientific and technological matters relating to combating
desertification and mitigating the effects of drought. The Committee shall meet A/AC.241/27
page 25
in conjunction with the ordinary sessions of the Conference of the Parties and
shall be multidisciplinary and open to the participation of aIl Parties. It
shall be composed of government representatives competent in the relevant fields
of expertise. The Conference of the Parties shall decide, at its first session,
on the terms of reference of the Committee.
2. The Conference of the Parties shall establish and maintain a raster
of independent experts with expertise and experience in the relevant fields. The
roster shall be based on nominations received in writing from the Parties, taking
into account the need for a multidisciplinary approach and broad geographical
representation.
3. The Conference of the Parties may, as necessary, appoint ad hoc panels
to provide it, through the Committee, with information and advice on specifie
issues regarding the state of the art in fields of science and technology
relevant to combating desertification and mitigating the effects of drought.
These panels shall be composed of experts whose names are taken from the roster,
taking into account the need for a multidisciplinary approach and broad
geographical representation. These experts shall have scientific backgrounds and
field experience and shall be appointed by the Conference of the Parties on the
recommendation of the Committee. The Conference of the Parties shall decide on
the terms of reference and the modalities of work of these panels.
Article 25
Networking of institutions, agencies and bodies
1. The Committee on Science and Technology shall, under the supervision
of the Conference of the Parties, make provision for the undertaking of a survey
and evaluation of the relevant existing networks, institutions, agencies and
bodies willing to become units of a network. Such a network shall support the
implementation of the Convention.
2. On the basis of the results of the survey and evaluation referred to
in paragraph 1, the Committee on Science and Technology shall make
recommendations to the Conference of the Parties on ways and means to facilitate
and strengthen networking of the units at the local, national and other levels,
with a view to ensuring that the thematic needs set out in articles 16 to 19 are
addressed.
3. Taking into account these recommendations, the Conference of the
Parties shall:
(a) identify those national 1 subregional, regional and international units
that are most appropriate for networking, and recommend operational
procedures, and a time frame 1 for them; and
(b) identify the units best suited to facilitating and strengthening such
networking at aIl levels. A/AC.241/27
page 26
PART V
PROCEDURES
Article 26
Communication of information
1. Each Party shall communicate to the Conference of the Parties for
consideration at its ordinary sessions, through the Permanent Secretariat,
reports on the measures which it has taken for the implementation of the
Convention. The Conference of the Parties shall determine the timetable for
submission and the format of such reports.
2. Affected country Parties shall provide a description of the strategies
established pursuant to article 5 and of any relevant information on their
implementation.
3. Affected country Parties which implement action programmes pursuant
ta articles 9 to 15 shall provide a detailed description of the programmes and
of their implementation.
4. Any group of affected country Parties may make a joint communication
on measures taken at the subregional and/or regional levels in the framework of
action programmes.
5. Developed country Parties shall report on measures taken to assist in
the preparation and implementation of action programmes, including information
on the financial resources they have provided, or are providing, under the
Convention.
6. Information communicated pursuant to paragraphs 1 to 4 shall be
transmitted by the Permanent Secretariat as soon as possible to the Conference
of the Parties and to any relevant subsidiary body.
7. The Conference of the Parties shall facilitate the provision to
affected developing countries, particularly those in Africa, on request, of
technical and financial support in compiling and communicating information in
accordance with this article, as weIl as identifying the technical and financial
needs associated with action programmes.
Article 27
Measures to resolve questions on implementation
The Conference of the Parties shall consider and adopt procedures and
institutional mechanisms for the resolution of questions that may arise with
regard to the implementation of the Convention. A/AC.241/27
page 27
Article 28
Settlement of disputes
1. Parties shali settie any dispute between them concerning the
interpretation or application of the Convention through negotiation or other
peacefui means of their own choice.
2. When ratifying, accepting, approving, or acceding to the Convention,
or at any time thereafter, a Party which is not a regional economic integration
organization may declare in a written instrument submitted to the Depositary
that, in respect of any dispute concerning the interpretation or application of
the Convention, it recognizes one or both of the following means of dispute
settlement as compulsory in relation to any Party accepting the same obligation:
(a) arbitration in accordance with procedures adopted by the Conference
of the Parties in an annex as soon as practicable;
(b) submission of the dispute to the International Court of Justice.
3. A Party which is a regional economic integration organization may make
a declaration with like effect in relation to arbitration in accordance with the
procedure referred to in paragraph 2 (a).
4. A declaration made pursuant to paragraph 2 shaii remain in force until
it expires in accordance with its terms or until three months after written
notice of its revocation has been deposited with the Depositary.
5. The expiry of a declaration, a notice of revocation or a new
declaration shall not in any way affect proceedings pending before an arbitral
tribunal or the International Court of Justice unless the Parties to the dispute
otherwise agree.
6. If the Parties to a dispute have not accepted the same or any
procedure pursuant to paragraph 2 and if they have not been able to settle their
dispute within tweive months following notification by one Party to another that
a dispute exists between them, the dispute shall be submitted to conciliation at
the request of any Party to the dispute, in accordance with procedures adopted
by the Conference of the Parties in an annex as soon as practicable.
Article 29
Status of annexes
1. Annexes form an integrai part of the Convention and, unless expressly
provided otherwise, a reference to the Convention aiso constitutes a reference
to its annexes.
2. The Parties shall interpret the provisions of the annexes in a manner
that is in conformity with their rights and obligations under the articles of
this Convention. A/AC.241/27
page 28
Article 30
Arnendrnents to the Convention
1. Any Party may propose amendments to the Convention.
2. Amendments to the Convention shall be adopted at an ordinary session
of the Conference of the Parties. The text of any proposed amendment shall be
communicated ta the Parties by the Permanent Secretariat at least six months
before the meeting at which it is proposed for adoption. The Permanent
Secretariat shall also communicate proposed amendments to the signatories to the
Convention.
3. The Parties shall make every effort to reach agreement on any proposed
amendment to the Convention by consensus. If aIl efforts at consensus have been
exhausted and no agreement reached, the amendment shall, as a last resort, be
adopted by a two-thirds majority vote of the Parties present and voting at the
meeting. The adopted amendment shall be communicated by the Permanent
Secretariat to the Depositary, who shall circulate it to aIl Parties for their
ratification, acceptance, approval or accession.
4. Instruments of ratification, acceptance, approval or accession in
respect of an amendment shall be deposited with the Depositary. An amendment
adopted pursuant to paragraph 3 shall enter into force for those Parties having
accepted it on the ninetieth day after the date of receipt by the Depositary of
an instrument of ratification, acceptance, approval or accession by at least two
thirds of the Parties ta the Convention which were Parties at the time of the
adoption of the amendment.
5. The amendment shall enter into force for any other Party on the
ninetieth day after the date on which that Party deposits with the Depositary its
instrument of ratification, acceptance or approval of, or accession to the sa id
amendment.
6. For the purposes of this article and article 31, "Parties present and
voting" means Parties present and casting an affirmative or negative vote.
Article 31
Adoption and arnendrnent of annexes
1. Any additional annex to the Convention and any amendment to an annex
shall be proposed and adopted in accordance with the procedure for amendment of
the Convention set forth in article 3D, provided that, in adopting an additional
regional implementation annex or amendment to any regional implementation annex,
the majority provided for in that article shall include a two-thirds majority
vote of the Parties of the region concerned present and voting. The adoption or
amendment of an annex shall be communicated by the Depositary te aIl Parties. A/AC.241/27
page 29
2. An annex, other than an additional regional implementation annex, or
an amendment to an annex, other than an amendment to any regional implementation
annex, that has been adopted in accordance with paragraph 1, shall enter into
force for aIl Parties to the Convention six months after the date of
communication by the Depositary to such Parties of the adoption of such annex or
amendrnent, except for those Parties that have notified the Depositary in writing
within that period of their non-acceptance of such annex or amendment. Such
annex or arnendment shall enter into force for Parties which withdraw their
notification of non-acceptance on the ninetieth day after the date on which
withdrawal of such notification has been received by the Depositary.
3. An additional regional implementation annex or amendment to any
regional implementation annex that has been adopted in accordance with paragraph
1, shall enter into force for aIl Parties to the Convention six months after the
date of the communication by the Depositary to such Parties of the adoption of
such annex or amendment, except with respect to:
(a) any Party that has notified the Depositary in writing, within such six
month period, of its non-acceptance of that additional regional
implementation annex or of the amendment to the regional
implementation annex, in which case such annex or amendment shall
enter into force for Parties which withdraw their notification of non
acceptance on the ninetieth day after the date on which withdrawal of
such notification has been received by the DepositarYi and
(b) any Party that has made a declaration with respect to additional
regional implementation annexes or amendments to regional
implementation annexes in accordance with article 34, paragraph 4, in
which case any such annex or amendment shall enter into force for such
a Party on the ninetieth day after the date of deposit with the
Depositary of its instrument of ratification, acceptance, approval or
accession with respect to such annex or amendment.
4. If the adoption of an annex or an amendment to an annex involves an
amendment to the Convention, that annex or amendment to an annex shall not enter
into force until such time as the amendment to the Convention enters into force.
Article 32
Right ta vote
1. Except as provided for in paragraph 2, each Party to the Convention
shall have one vote.
2. Regional econornic integration organizations, in matters within their
competence, shall exercise their right to vote with a number of votes equal to
the number of their member States that are Parties to the Convention. Such an
organization shall not exercise its right to vote if any of its member States
exercises its right, and vice versa. A/AC.241/27
page 30
PART VI
FINAL PROVISIONS
Article 33
Signature
This Convention shall be opened for signature at Paris, on 14-15 October
1994, by States Members of the United Nations or anyof its specialized agencies
or that are Parties to the Statute of the International Court of Justice and by
regional economic integration organizations. It shall remain open for signature,
thereafter, at the United Nations Headquarters in New York until 13 October 1995.
Article 34
Ratification, acceptance, approval and accession
1. The Convention shall be subject to ratification, acceptance, approval
or accession by States and by regional economic integration organizations. It
shall be open for accession from the day after the date on which the Convention
is closed for signature. Instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.
2. Any regional economic integration organization which becomes a Party
to the Convention without any of its member States being a Party to the
Convention shall be bound by aIl the obligations under the Convention. Where one
or more member States of such an organization are also Party to the Convention,
the organization and its member States shall decide on their respective
responsibilities for the performance of their obligations under the Convention.
In such cases, the organization and the member States shall not be entitled to
exercise rights under the Convention concurrently.
3. In their instruments of ratification, acceptance, approval or
accession, regional economic integration organizations shall declare the extent
of their competence with respect to the matters governed by the Convention. They
shall also promptly inform the Depositary, who shall in turn inform the Parties,
of any substantial modification in the extent of their competence.
4. In its instrument of ratification, acceptance, approval or accession,
any Party may declare that, with respect to it, any additional regional
implementation annex or any amendment to any regional implementation annex shall
enter into force only upon the deposit of its instrument of ratification,
acceptance, approval or accession with respect thereto. A/AC.241/27
page 31
Article 35
Interim arrangements
The secretariat functions referred to in article 23 will be carried out on
an interim basis by the secretariat established by the General Assembly of the
United Nations in its resolution 47/188 of 22 December 1992, until the completion
of the first session of the Conference of the Parties.
Article 36
Entry into force
1. The Convention shall enter into force on the ninetieth day after the
date of deposit of the fiftieth instrument of ratification, acceptance, approval
or accession.
2. For each State or regional economic integration organization
ratifying, accepting, approving or acceding to the Convention after the deposit
of the fiftieth instrument of ratification, acceptance, approval or accession,
the Convention shall enter into force on the ninetieth day after the date of
deposit by such State or regional economic integration organization of its
instrument of ratification, acceptance, approval or accession.
3. For the purposes of paragraphs 1 and 2, any instrument deposited by
a regional economic integration organization shall not be counted as additional
to those deposited by States members of the organization.
Article 37
Reservations
No reservations may be made to this Convention.
Article 38
Withdrawal
1. At any time after three years from the date on which the Convention
has entered into force for a Party, that Party may withdraw from the Convention
by giving written notification to the Depositary.
2. Any such withdrawal shall take effect upon expiry of one year from the
date of receipt by the Depositary of the notification of withdrawal, or on such
later date as may be specified in the notification of withdrawal.AjAC.241j27
page 32
Article 39
Depositary
The Secretary-General of the United Nations shall be the Depositary of the
Convention.
Article 40
Authentic texts
The original of the present Convention, of which the Arabie, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effeet,
have signed the present Convention.
DONE AT Paris, this 17th day of June one thousand nine hundred and ninety-
four. A/AC.241/27
page 33
ANNEX l
REGIONAL IMPLEMENTATION ANNEX FOR AFRICA
Article 1
Scope
This Annex applies ta Africa, in relation to each Party and in conformity
with the Convention, in particular its article 7, for the purpose of cornbating
desertification and/or mitigating the effects of drought in its arid, semi-arid
and dry sub-humid areas.
Article 2
Purpose
The purpose of this Annex, at the national, subregional and regional levels
in Africa and in the light of its particular conditions, is to:
(a) identify measures and arrangements, including the nature and processes
of assistance provided by developed country Parties, in accordance
with the relevant provisions of the Convention;
(b) provide for the efficient and practical implementation of the
Convention to address conditions specific to Africai and
(c) promote processes and activities relating to cornbating desertification
and/or mitigating the effects of drought within the arid, semi-arid
and dry sub-humid areas of Africa.
Article 3
particular conditions of the African region
In carrying out their obligations under the Convention, the Parties shall,
in the implementation of this Annex, adopt a basic approach that takes into
consideration the follawing particular conditions of Africa:
(a) the high proportion of arid, semi-arid and dry sub-humid areas;
(b) the substantial number of countries and populations adversely affected
by desertification and by the frequent recurrence of severe drought;
(c) the large nurnber of affected countries that are landlockedi A/AC.241/27
page 34
(d) the widespread poverty prevalent in most affected countries, the large
number of least developed countries among them, and their need for
significant amounts of external assistance, in the form of grants and
loans on concessional terms, to pursue their development objectives;
(e) the difficult socio-economic conditions, exacerbated by deteriorating
and fluctuating terms of trade, external indebtedness and political
instability, which induce internaI, regional and international
migrations;
(f) the heavy reliance of populations on natural resources for subsistence
which, compounded by the effects of demographic trends and factors,
a weak technological base and unsustainable production practices,
contributes to serious resource degradation;
(g) the insufficient institutional and legal frameworks, the weak
infrastructural base and the insufficient scientific, technical and
educational capacity, leading to substantial capacity building
requirementsi and
(h) the central role of actions to combat desertification and/or mitigate
the effects of drought in the national development priorities of
affected African countries.
Article 4
Commitments and obligations of African country Parties
1. In accordance with their respective capabilities, African country
Parties undertake to:
(a) adopt the combating of desertification and/or the mitigation of the
effects of drought as a central strategy in their efforts to eradicate
povertYi
(b) promote regional cooperation and integration, in a spirit of
solidarity and partnership based on mutual interest, in programmes and
activities to combat desertification and/or mitigate the effects of
drought;
(c) rationalize and strengthen existing institutions concerned with
desertification and drought and involve other existing institutions,
as appropriate, in order to make them more effective and to ensure
more efficient use of resourceSi
(d) promote the exchange of information on appropriate technology,
knowledge, know-how and practices between and among them; and
(e) develop contingency plans for mitigating the effects of drought in
areas degraded by desertification and/or drought. A/AC. 241/27
page 35
2. Pursuant to the general and specifie obligations set out in articles
4 and 5 of the Convention, affected African country Parties shall aim to:
(a) make appropriate financial allocations from their national budgets
consistent with national conditions and capabilities and reflecting
the new priority Africa has accorded to the phenomenon of
desertification and/or drought;
(b) sustain and strengthen reforms currently in progress toward greater
decentralization and resource tenure as weIl as reinforce
participation of local populations and communitiesi and
(c) identify and mobilize new and additional national financial resources,
and exp and , as a matter of priority, existing national capabilities
and facilities to mobilize domestic financial resources.
Article 5
Commitments and obligations of developed
country Parties
1. In fulfilling their obligations pursuant to articles 4, 6 and 7 of the
Convention, developed country Parties shall give priority to affected African
country Parties and, in this context, shall:
(a) assist them to combat desertification and/or mitigate the effects of
drought by, inter alia, providing and/or facilitating access to
financial and/or other resources, and promoting, financing and/or
facilitating the financing of the transfer, adaptation and access to
appropriate environmental technologies and know-how, as mutually
agreed and in accordance with national policies, taking into account
their adoption of poverty eradication as a central strategYi
(b) continue to allocate significant resources and/or increase resources
to combat desertification and/or mitigate the effects of drought; and
(c) assist them in strengthening capacities to enable them to improve
their institutional frameworks, as weIl as their scientific and
technical capabili t ies, information collection and analysis, and
research and development for the purpose of combating desertification
and/or mitigating the effects of drought.
2. Other country Parties may provide, on a voluntary basis, technology,
knowledge and know-how relating to desertification and/or financial resources,
to affected African country Parties. The transfer of such knowledge, know-how
and techniques is facilitated by international cooperation. A/AC.241/27
page 36
Article 6
Strategie planning framework for sustainable development
1. National action programmes shall be a central and integral part of a
broader process of formulating national policies for the sustainable development
of affected African country Parties.
2. A consultative and participatory process involving appropriate levels
of government, local populations, communities and non-governmental organizations
shall be undertaken to provide guidance on a strategy with flexible planning to
allow maximum participation from local populations and communities. As
appropriate, bilateral and multilateral assistance agencies may be involved in
this process at the request of an affected African country Party.
Article 7
Timetable for preparation of action programmes
Pending entry into force of this Convention, the African country Parties,
in cooperation with other members of the international community, as appropriate,
shall, to the extent possible, provisionally apply those provisions of the
Convention relating to the preparation of national, subregional and regional
action programmes.
Article 8
Content of national action programmes
1. Consistent with article 10 of the Convention, the overall strategy of
national action programmes shall emphasize integrated local development
programmes for affected areas, based on participatory mechanisms and on
integration of strategies for poverty eradication into efforts to combat
desertification and mitigate the effects of drought. The programmes shall aim
at strengthening the capacity of local authorities and ensuring the active
involvement of local populations, communities and groups, with emphasis on
education and training, mobilization of non-governmental organizations with
proven expertise and strengthening of decentralized governmental structures.
2. National action programmes shall, as appropriate, include the
following general features:
(a) the use, in developing and implementing national action programmes,
of past experiences in combating desertification and/or mitigating the
effects of drought, taking into account social, economic and
ecological conditions; A/AC.241/27
page 37
(b) the identification of factors contributing te desertification and/or
drought and the resources and capacities available and required, and
the setting up of appropriate policies and institutional and other
responses and measures necessary to combat those phenomena and/or
mitigate their effectsj and
(c) the increase in participation of local populations and communities,
including women, farmers and pastoralists, and delegation to them of
more responsibility for management.
3. National action programmes shall also, as appropriate, include the
following:
(a) measures to improve the economic environment with a view to
eradicating poverty:
(i) increasing incomes and employment opportunities,
especially for the poorest members of the community, by:
developing markets for farm and livestock productsi
creating financial instruments suited to local
needsj
encouraging diversification in agriculture and the
setting-up of agricultural enterprisesi and
developing economic activities of a para
agricultural or non-agricultural type;
(ii) improving the long-term prospects of rural economies by
the creation of:
incentives for productive investment and access to
the means of production; and
price and tax policies and commercial practices that
promote growthi
(iii) defining and applying population and migration policies to
reduce population pressure on land; and
(iv) promoting the use of drought resistant crops and the
application of integrated dry-land farming systems for
food security purposesi
(b) measures to conserve natural resources:
(i) ensuring integrated and sustainable management of natural
reSQurces, including:
agricultural land and pastoral land;
vegetation cover and wildlifei
forests;
water resourceSi and
biological diversitYiA/AC.241/27
page 38
(ii) training with regard to, and strengthening, public
awareness and environmental education campaigns and
disseminating knowledge of techniques relating to the
sustainable management of natural resources; and
(iii) ensuring the development and efficient use of diverse
energy sources, the promotion of alternative sources of
energy, particularly solar energy, wind energy and bio
gas, and specifie arrangements for the transfer,
acquisition and adaptation of relevant technology to
alleviate the pressure on fragile natural resourceSi
(c) measures to improve institutional organization:
(i) defining the roles and responsibilities of central
government and local authorities within the framework of
a land use planning policYi
(ii) encouraging a policy of active decentralization, devolving
responsibility for management and decision-making to local
authorities, and encouraging initiatives and the
assumption of responsibility by local communities and the
establishment of local structures; and
(iii) adjusting, as appropriate, the institutional and
regulatory framework of natural resource management to
provide security of land tenure for local populations;
(d) measures to improve knowledge of desertification:
(i) promoting research and the collection, processing and
exchange of information on the scientific, technical and
socio-economic aspects of desertification;
(ii) improving national capabilities in research and in the
collection, processing, exchange and analysis of
information so as to increase understanding and to
translate the resul ts of the analysis into operational
terms; and
(iii) encouraging the medium and long term study of:
socio-economic and cultural trends in affected
areaSi
qualitative and quantitative trends in natural
resourceSi and
the interaction between climate and desertification;
and
(e) measures to monitor and assess the effects of drought:
(i) developing strategies to evaluate the impacts of natural
climate variability on regional drought and A/AC.241/27
page 39
desertification and/or to utilize predictions of climate
variability on seasonal to interannual time scales in
efforts to mitigate the effects of droughti
(ii) improving early warning and response capacity, efficiently
managing emergency relief and food aid, and improving food
stocking and distribution systems, cattle protection
schemes and public works and alternative livelihoods for
drought prone areaSi and
(iii) monitoring and assessing ecological degradation to provide
reliable and timely information on the process and
dynamics of resource degradation in order to facilitate
better policy formulations and responses.
Article 9
Preparation of national action programmes and
implementation and evaluation indicators
Each affected African country Party shall designate an appropriate national
coordinating body to function as a catalyst in the preparation, implementation
and evaluation of its national action programme. This coordinating body shall,
in the light of article 3 and as appropriate:
(a) undertake an identification and review of actions, beginning with a
locally driven consultation process, involving local populations and
communities and with the cooperation of local administrative
authorities, developed country Parties and intergovernmental and non
governmental organizations, on the basis of initial consultations of
those concerned at the national level;
(b) identify and analyze the constraints, needs and gaps affecting
development and sustainable land use and recommend practical measures
to avoid duplication by making full use of relevant ongoing efforts
and promote implementation of results;
(c) facilitate, design and formulate project activities based on
interactive, flexible approaches in order to ensure active
participation of the population in affected areas, to minimize the
negative impact of such activities, and to identify and prioritize
requirements for financial assistance and technical cooperation;
(d) establish pertinent, quantifiable and readily verifiable indicators
to ensure the assessment and evaluation of national action programmes,
which encompass actions in the short, medium and long terms, and of
the implementation of such programmes; and
(e) prepare progress reports on the implementation of the national action
programmes. A/AC.241/27
page 40
Article 10
Organizational framework of subregional action programmes
1. Pursuant to article 4 of the Convention, African country Parties shall
cooperate in the preparation and implementation of subregional action programmes
for central, eastern, northern, southern and western Africa and, in that regard,
may delegate the following responsibilities to relevant subregional
intergovernmental organizations:
(a) acting as focal points for preparatory activities and coordinating the
implementation of the subregional action programmes;
(b) assisting in the preparation and implementation of national action
programmes;
(c) facilitating the exchange of information, experience and know-how as
weIl as providing advice on the review of national legislationi and
(d) any other responsibilities relating to the implementation of
subregional action programmes.
2. Specialized subregional institutions may provide support, upon
request, and/or be entrusted with the responsibility to coordinate activities in
their respective fields of competence.
Article Il
Content and preparation of subregional action programmes
Subregional action programmes shall focus on issues that are better
addressed at the subregional level. They shall establish, where necessary,
mechanisms for the management of shared natural resources. Such mechanisms shall
effectively handle transboundary problems associated with desertification and/or
drought and shall provide support for the harrnonious implementation of national
action programmes. Priority areas for subregional action programmes shall, as
appropriate, focus on:
(a) joint programmes for the sustainable management of transboundary
natural resources through bilateral and multilateral mechanisms, as
appropriate;
(b) coordination of programmes to develop alternative energy sources;
(c) cooperation in the management and control of pests as weIl as of plant
and animal diseasesi
(d) capacity building, education and public awareness activities that are
better carried out or supported at the subregional level; A/AC.241/27
page 41
(e) scientific and technical cooperation, particularly in the
climatological, meteorological and hydrological fields, including
networking for data collection and assessment 1 information sharing and
project monitoring, and coordination and prioritization of research
and development activitiesi
(f) early warning systems and joint planning for mitigating the effects
of drought, including measures to address the problems resulting from
environmentally induced migrations;
(g) exploration of ways of sharing experiences, particularly regarding
participation of local populations and communities, and creation of
an enabling environment for improved land use management and for use
of appropriate technologies;
(h) strengthening of the capacity of subregional organizations to
coordinate and provide technical services, as weIl as establishment,
reorientation and strengthening of subregional centres and
institutions; and
(i) development of policies in fields, such as trade, which have impact
upon affected areas and populations, including policies for the
coordination of regional marketing regimes and for common
infrastructure.
Article 12
Organizational framework of the regional action programme
1. Pursuant to article 11 of the Convention, African country Parties
shall jointly determine the procedures for preparing and implementing the
regional action programme.
2. The Parties may provide appropriate support to relevant African
regional institutions and organizations to enable them to assist African country
Parties to fulfil their responsibilities under the Convention.
Article 13
Content of the regional action programme
The regional action programme includes measures relating to combating
desertification and/or mitigating the effects of drought in the following
priority areas, as appropriate:
(a) development of regional cooperation and coordination of sub-regional
action programmes for building regional consensus on key policy areas,
including through regular consultations of sub-regional organizations;
(b) promotion of capacity building in activities which are better
implemented at the regional level; A/AC.241/27
page 42
(c) the seeking of solutions with the international community to global
economic and social issues that have an impact on affected areas
taking into account article 4, paragraph 2 (b) of the Convention;
(d) promotion among the affected country Parties of Africa and its
subregions, as weIl as with other affected regions, of exchange of
information and appropriate techniques, technical know-how and
relevant experience; promotion of scientific and technological
cooperation particularly in the fields of climatology, meteorology,
hydrology, water resource development and alternative energy sources;
coordination of sub-regional and regional research activitiesi and
identification of regional priorities for research and developmenti
(e) coordination of networks for systematic observation and assessment and
information exchange, as weIl as their integration into world wide
networksi and
(f) coordination of and reinforcement of sub-regional and regional early
warning systems and drought contingency plans.
Article 14
Financial resources
1. Pursuant to article 20 of the Convention and article 4, paragraph 2,
affected African country Parties shall endeavour to provide a macroeconomic
framework conducive to the mobilization of financial resources and shall develop
policies and establish procedures to channel resources more effectively to local
development programmes, including through non-governmental organizations, as
appropriate.
2. Pursuant to article 21, paragraphs 4 and 5 of the Convention, the
Parties agree to establish an inventory of sources of funding at the national,
subregional, regional and international levels to ensure the rational use of
existing resources and to identify gaps in resource allocation, to facilitate
implementation of the action programmes. The inventory shall be regularly
reviewed and updated.
3. Consistent with article 7 of the Convention, the developed country
Parties shall continue to allocate significant resources and/or increased
resources as weIl as other forms of assistance to affected African country
Parties on the basis of partnership agreements and arrangements referred to in
article 18, giving, inter alia, due attention to matters related to debt,
international trade and marketing arrangements in accordance with article 4,
paragraph 2 (b) of the Convention. A/AC.241/27
page 43
Article 15
Financial Mechanisms
1. Consistent with article 7 of the Convention underscoring the priority
to affected African country Parties and considering the particular situation
prevailing in this region, the Parties shall pay special attention to the
implementation in Africa of the provisions of article 21, paragraph 1 (d} and (e)
of the Convention, notably by:
(a) facilitating the establishment of mechanisms, such as national
desertification funds, to channel financial resources to the local
level; and
(b) strengthening existing funds and financial mechanisms at the
subregional and regional levels.
2. Consistent with articles 20 and 21 of the Convention, the Parties
which are also members of the governing bodies of relevant regional and
subregional financial institutions, including the African Development Bank and
the African Development Fund, shall promote efforts to give due priority and
attention to the activities of those institutions that advance the implementation
of this Annex.
3. The Parties shall streamline, to the extent possible, procedures for
channelling funds to affected African country Parties.
Article 16
Technical assistance and cooperation
The Parties undertake, in accordance with their respective capabilities, to
rationalize technical assistance to, and cooperation with, African country
Parties with a view to increasing project and programme effectiveness by,
inter alia:
(a) limiting the costs of support measures and backstopping, especially
overhead costs i in any case, such costs shall only represent an
appropriately low percentage of the total cost of the project so as
to maximize project efficiencYi
(b) giving preference to the utilization of competent national experts or,
where necessary, competent experts from within the subregion and/or
region, in project design, preparation and implementation, and to the
building of local expertise where it does not existi and
(c) effectively managing and coordinating, as weIl as efficiently
utilizing, technical assistance to be provided. A/AC.241/27
page 44
Article 17
Transfer, acquisition, adaptation and aCCeSS to
environmentally sound technology
In implementing article 18 of the Convention relating to transfer,
acquisition, adaptation and development of technology, the Parties undertake to
give priority to African country Parties and, as necessary, to develop with them
new models of partnership and cooperation with a view to strengthening capacity
building in the fields of scientific research and development and information
collection and dissemination to enable them to implement their strategies to
combat desertification and mitigate the effects of drought.
Article 18
Coordination and partnership agreements
1. African country Parties shall coordinate the preparation, negotiation
and implementation of national, subregional and regional action programmes. They
may involve, as appropriate, other Parties and relevant intergovernmental and
non-governmental organizations in this process.
2. The objectives of such coordination shall be to ensure that financial
and technical cooperation is consistent with the Convention and to provide the
necessary continuity in the use and administration of resources.
3. African country Parties shall organize consultative processes at the
national, subregional and regional levels. These consultative processes may:
(a) serve as a forum to negotiate and conclude partnership agreements
based on national, subregional and regional action programmes; and
(b) specify the contribution of African country Parties and other members
of the consultative groups to the programmes and identify priorities
and agreements on implementation and evaluation indicators, as weIl
as funding arrangements for implementation.
4. The Permanent Secretariat may, at the request of African country
Parties, pursuant to article 23 of the Convention, facilitate the convocation of
such consultative processes by:
(a) providing advice on the organization of effective consultative
arrangements, drawing on experiences from other such arrangements;
(b) providing information to relevant bilateral and multilateral agencies
concerning consultative meetings or processes, and encouraging their
active involvementi and
(c) providing other information that may be relevant in establishing or
improving consultative arrangements. A/AC.241/27
page 45
5. The subregional and regional coordinating bodies shall, inter alia:
(a) recommend appropriate adjustments to partnership agreements;
(b) monitor, assess and report on the implementation of the agreed
subregional and regional programmes; and
(c) aim to ensure efficient communication and cooperation among African
country Parties.
6. Participation in the consultative groups shall, as appropriate, be
open to Governments, interested groups and donors, relevant organs, funds and
programmes of the United Nations system, relevant subregional and regional
organizations, and representatives of relevant non-governmental organizations.
Participants of each consultative group shall determine the modalities of its
management and operation.
7. Pursuant to article 14 of the Convention, developed country Parties
are encouraged to develop, on their own initiative, an informaI process of
consultation and coordination among themselves, at the national, subregional and
regional levels, ,and, at the request of an affected African country Party or of
an appropriate subregional or regional organization, to participate in a
national, subregional or regional consultative process that would evaluate and
respond to assistance needs in order to facilitate implementation.
Article 19
Follow-up arrangements
Follow-up of this Annex shall be carried out by African country Parties in
accordance with the Convention as follows:
(a) at the national level, by a mechanism the composition of which should
be determined by each affected African country Party and which shall
include representatives of local communities and shall function under
the supervision of the national coordinating body referred to in
article 9;
(b) at the subregional level, by a multidisciplinary scientific and
technical consultative committee, the composition and modalities of
operation of which shall be determined by the African country Parties
of the subregion concerned; and
(c) at the regional level, by mechanisms defined in accordance with the
relevant provisions of the Treaty establishing the African Economie
Community, and by an Afriean Scientific and Technieal Advisory
Committee. A/AC.241/27
page 46
ANNEX II
REGIONAL IMPLEMENTATION ANNEX FOR ASIA
Article 1
Purpose
The purpose of this Annex is to provide guidelines and arrangements for the
effective implementation of the Convention in the affected country Parties of the
Asian region in the light of its particular conditions.
Article 2
Particular conditions of the Asian region
In carrying out their obligations under the Convention, the Parties shall,
as appropriate, take into consideration the following particular conditions which
apply in varying degrees to the affected country Parties of the region:
(a) the high proportion of areas in their territories affected by, or
vulnerable to, desertification and drought and the broad diversity of
these areas with regard to climate, topography, land use and socio
economic systems;
(b) the heavy pressure on natural resources for livelihoods;
(c) the existence of production systems, directly related to widespread
poverty, leading to land degradation and to pressure on scarce water
resourceSi
(d) the significant impact of conditions in the world economy and social
problems such as poverty, poor health and nutrition, lack of food
security, migration, displaced persons and demographic dynamics;
(e) their expanding, but still insufficient, capacity and institutional
frameworks to deal with national desertification and drought problems;
and
(f) their need for international cooperation to pursue sustainable
development objectives relating to cornbating desertification and
mitigating the effects of drought.
Article 3
Framework for national action programmes
1. National action programmes shall be an integral part of broader
national policies for sustainable development of the affected country Parties of
the region. A/AC.241/27
page 47
2. The affected country Parties shall, as appropriate, develop national
action programmes pursuant to articles 9 to 11 of the Convention, paying special
attention to article 10, paragraph 2 (f). As appropriate, bilateral and
multilateral cooperation agencies may be involved in this process at the request
of the affected country Party concerned.
Article 4
National action programmes
1. In preparing and implementing national action programmes, the affected
country Parties of the region, consistent with their respective circumstances and
policies, may, inter alia, as appropriate:
(a) designate appropriate bodies responsible for the preparation,
coordination and implementation of their action programmes;
(b) involve affected populations, including local communities, in the
elaboration, coordination and implementation of their action
programmes through a locally driven consultative process, with the
cooperation of local authorities and relevant national and non
governmental organizationsi
(c) survey the state of the environment in affected areas to assess the
causes and consequences of desertification and to determine priority
areas for action;
(d) evaluate, with the participation of affected populations, past and
current programmes for combating desertification and mitigating the
effects of drought, in order to design a strategy and elaborate
activities in their action programmes;
(e) prepare technical and financial programmes based on the information
derived from the activities in subparagraphs (a) to (d);
(f) develop and utilize procedures and benchmarks for evaluating
implementation of their action programmes;
(g) promote the integrated management of drainage basins, the conservation
of soil resources, and the enhancement and efficient use of water
resources;
(h) strengthen and/or establish information, evaluation and follow up and
early warning systems in regions prone to desertification and drought,
taking account of climatological, meteorological, hydrological,
biological and other relevant factors; and
(i) formulate in a spirit of partnership, where international cooperation,
including financial and technical resources, is involved, appropriate
arrangements supporting their action programmes. A/AC.241/27
page 48
2. Consistent with article 10 of the Convention, the overall strategy of
national action programmes shall emphasize integrated local development
programmes for affected areas, based on participatory mechanisms and on the
integration of strategies for poverty eradication into efforts to combat
desertification and mitigate the effects of drought. Sectoral measures in the
action programmes shall be grouped in priority fields which take account of the
broad diversity of affected areas in the region referred to in article 2 (a).
Article 5
Subregional and joint action programmes
1. Pursuant to article 11 of the Convention, affected country Parties in
Asia may mutually agree to consult and cooperate with other Parties, as
appropriate, to prepare and implement subregional or joint action programmes, as
appropriate, in order to complement, and increase effectiveness in the
implementation of 1 national action programmes. In either case, the relevant
Parties may jointly agree to entrust subregional, including bilateral or national
organizations, or specialized institutions, with responsibilities relating to the
preparation, coordination and implementation of programmes. Such organizations
or institutions may also act as focal points for the promotion and coordination
of actions pursuant to articles 16 to 18 of the Convention.
2. In preparing and implementing subregional or joint action programmes,
the affected country Parties of the region shall, inter alia, as appropriate:
(a) identify, in cooperation with national institutions, priorities
relating to cornbating desertification and mitigating the effects of
drought which can better be met by such programmes, as weIl as
relevant activities which could be effectively carried out through
them;
(b) evaluate the operational capacities and activities of relevant
regional, subregional and national institutions;
(c) assess existing programmes relating to desertification and drought
among aIl or sorne parties of the region or subregion and their
relationship with national action programmes; and
(d) formulate in a spirit of partnership, where international cooperation,
including financial and technical resources, is involved, appropriate
bilateral and/or multilateral arrangements supporting the programmes.
3. Subregional or joint action programmes may incl ude agreed joint
programmes for the sustainable management of transboundary natural resources
relating to desertification, priorities for coordination and other activities in
the fields of capacity building, scientific and technical cooperation,
particularly drought early warning systems and information sharing, and means of
strengthening the relevant subregional and other organizations or institutions. A/AC.241/27
page 49
Article 6
Regional activities
Regional activities for the enhancement of subregional or joint action
programmes may include, inter alia, measures to strengthen institutions and
mechanisms for coordination and cooperation at the national, subregional and
regional levels, and to promote the implementation of articles 16 to 19 of the
Convention. These activities may also include:
(a) promoting and strengthening technical cooperation networks;
(b) preparing inventories of technologies, knowledge, know-how and
practices, as weIl as traditional and local technologies and know-how,
and promoting their dissemination and use;
(c) evaluating the requirements for technology transfer and promoting the
adaptation and use of such technologies; and
(d) encouraging public awareness programmes and promoting capacity
building at aIl levels, strengthening training, research and
development and building systems for human resource development.
Article 7
Financial resources and mechanisms
1. The Parties shall, in view of the importance of combating
desertification and mitigating the effects of drought in the Asian region,
promote the mobilization of substantial financial resources and the availability
of financial mechanisms, pursuant to articles 20 and 21 of the Convention.
2. In conformity with the Convention and on the basis of the coordinating
mechanism provided for in article 8 and in accordance with their national
development policies, affected country Parties of the region shall, individually
or jointly:
(a) adopt measures to rationalize and strengthen mechanisms to supply
funds through public and private investment with a view to achieving
specific results in action to combat desertification and mitigate the
effects of drought;
(b) identify international cooperation requirements in support of national
efforts, particularly financial, technical and technological; and
(c) promote the participation of bilateral and/or multilateral financial
cooperation institutions with a view to ensuring irnplementation of the
Convention.
3. The Parties shall streamline, to the extent possible, procedures for
channelling funds to affected country Parties in the region. A/AC.241/27
page 50
Article 8
Cooperation and coordination mechanisms
1. Affected country Parties, through the appropriate bodies designated
pursuant to article 4, paragraph 1 (a), and other Parties in the region, may, as
appropriate, set up a mechanism for, inter alia, the following purposes:
(a) exchange of information, experience, knowledge and know-how;
(b) cooperation and coordination of actions, including bilateral and
multilateral arrangements, at the subregional and regional levelsi
(c) promotion of scientific, technical, technological and financial
cooperation pursuant to articles 5 to 7;
(d) identification of external cooperation requirements; and
(e) follow-up and evaluation of the implementation of action programmes.
2. Affected country Parties, through the appropriate bodies designated
pursuant to article 4, paragraph 1 (a), and other Parties in the region, may
also, as appropriate, consult and coordinate as regards the national, subregional
and joint action programmes. They may involve, as appropriate, other Parties and
relevant intergovernmental and non-governmental organizations in this process.
Such coordination shall, 'inter alia, seek to secure agreement on opportunities
for international cooperation in accordance with articles 20 and 21 of the
Convention, enhance technical cooperation and channel resources so that they are
used effectively.
3. Affected country Parties of the region shall hold periodic
coordination meetings, and the Permanent Secretariat may, at their request,
pursuant to article 23 of the Convention, facilitate the convocation of such
coordination meetings by:
(a) providing advice on the organization of effective coordination
arrangements, drawing on experience from other such arrangements;
(b) providing information to relevant bilateral and multilateral agencies
concerning coordination meetings, and encouraging their active
involvementi and
(c) providing other information that may be relevant in establishing or
improving coordination processes. A/AC.241/27
page 51
ANNEX III
REGIONAL IMPLEMENTATION ANNEX
FOR LATIN AMERICA AND THE CARIBBEAN
Article 1
Purpose
The purpose of this Annex is to provide general guidelines for the
implementation of the Convention in the Latin American and Caribbean region, in
light of its particular conditions.
Article 2
Particular conditions of the Latin American and Caribbean region
The Parties shall, in accordance with the provisions of the Convention, take
into consideration the following particular conditions of the region:
(a) the existence of broad expanses which are vulnerable and have been
severely affected by desertification and/or drought and in which
diverse characteristics may be observed, depending on the area in
which they occur i this cumulative and intensifying process has
negative social, cultural, economic and environmenta1 effects which
are aIl the more serious in that the region contains one of the
largest resources of biologica1 diversity in the wor1d;
(b) the frequent use of unsustainable development practices in affected
areas as a result of complex interactions among physical, bio1ogica1,
po1itica1, social, cultural and economic factors, including
international economic factors such as external indebtedness,
deteriorating terms of trade and trade practices which affect markets
for agricu1tural, fishery and forestry productsi and
(c) a sharp drop in the productivity of ecosystems being the main
consequence of desertification and drought, taking the form of a
dec1ine in agricultural, livescock and forestry yie1ds and a 10ss of
bio1ogical diversitYi from the social point of view, the results are
impoverishment, migration, internaI population movements, and the
deterioration of the qua1ity of life; the region will therefore have
to adopt an integrated approach to problems of desertification and
drought by promoting sustainable development models that are in
keeping with the environmental, economic and social situation in each
country. A/AC.241/27
page 52
Article 3
Action programmes
1. In conformity with the Convention, in particular its articles 9 to Il,
and in accordance with their national development policies, affected country
Parties of the region shall, as appropriate, prepare and implement national
action programmes to combat desertification and mitigate the effects of drought
as an integral part of their national policies for sustainable development.
Subregional and regional programmes may be prepared and implemented in accordance
with the requirements of the region.
2. In the preparation of their national action programmes, affected
country Parties of the region shall pay particular attention to article 10,
paragraph 2 (f) of the Convention.
Article 4
Content of national action programmes
In the light of their respective situations, the affected country Parties
of the region may take account, inter alia, of the following thematic issues in
developing their national strategies for action ta combat desertification and/or
mitigate the effects of drought, pursuant to article 5 of the Convention:
(a) increasing capacities, education and public awareness, technical,
scientific and technological cooperation and financial resources and
mechanismsj
(b) eradicating poverty and improving the quality of human life;
(c) achieving food security and sustainable development and management of
agricultural, livestock-rearing, forestry andmultipurpose activitiesi
(d) sustainable management of natural resources, especially the rational
management of drainage basins;
(e) sustainable management of natural resources in high-altitude areas;
(f) rational management and conservation of soil resources and
exploitation and efficient use of water resources;
(g) formulation and application of emergency plans ta mitigate the effects
of droughti
(h) strengthening and/or establishing information, evaluation and
follow-up and early warning systems in areas prone to desertification
and drought, taking account of climatological, meteorological,
hydrological, biological, sail, economic and social factorsi
(i) developing, managing and efficiently using diverse sources of energy,
including the promotion of alternative sources; A/AC.241/27
page 53
(j) conservation and sustainable use of biodiversity in accordance with
the provisions of the Convention on Biological DiversitYi
(k) consideration of demographic aspects related to desertification and
drought; and
(1) establishing or strengthening institutional and legal frameworks
permitting application of the Convention and aimed, inter alia, at
decentralizing administrative structures and functions relating to
desertification and drought, with the participation of affected
communities and society in general.
Article 5
Technical, scientific and technological cooperation
In conformity with the Convention, in particular its articles 16 to 18, and
on the basis of the coordinating mechanism provided for in article 7, affected
country Parties of the region shall, individually or jointly:
(a) promote the strengthening of technical cooperation networks and
national, subregional and regional information systems, as weIl as
their integration, as appropriate, in worldwide sources of
information;
(b) prepare an inventory of available technologies and know-how and
promote their dissemination and use;
(c) promote the use of traditional technology, knowledge, know-how and
practices pursuant to article 18, paragraph 2 (b), of the Convention;
(d) identify transfer of technology requirements; and
(e) promote the development, adaptation, adoption and transfer of relevant
existing and new environmentally sound technologies.
Article 6
Financial resources and mechanisms
In conformity with the Convention, in particular its articles 20 and 21, on
the basis of the coordinating mechanism provided for in article 7 and in
accordance with their national development policies, affected country Parties of
the region shall, individually or jointly:
(a) adopt measures to rationalize and strengthen mechanisms to supply
funds through public and private investment with a view to achieving
specifie results in action te combat desertification and mitigate the
effects of drought;A/AC.241/27
page 54
(b) identify international cooperation requirements in support of national
efforts; and
(c) promote the participation of bilateral and/or multilateral financial
cooperation institutions with a view to ensuring implementation of the
Convention.
Article 7
Institutional framework
1. In order to give effect to this Annex, affected country Parties of the
region shall:
(a) establish and/or strengthen national focal points to coordinate action
to combat desertification and/or mitigate the effects of drought; and
(b) set up a mechanism to coordinate the national focal points for the
following purposes:
(i) exchanges of information and experience;
(ii) coordination of activities at the subregional and regional
levels;
(iii) promotion of technical, scientific, technological and
financial cooperation;
(iv) identification of external cooperation requirementsi and
(v) follow-up and evaluation of the implementation of action
programmes.
2. Affected country Parties of the region shall hold periodic
coordination meetings and the Permanent Secretariat may, at their request,
pursuant to article 23 of the Convention, facilitate the convocation of such
coordination meetings, by:
(a) providing advice on the organization of effective coordination
arrangements, drawing on experience from other such arrangements;
(b) providing information to relevant bilateral and multilateral agencies
concerning coordination meetings, and encouraging their active
involvement; and
(c} providing other information that may be relevant in establishing or
improving coordination processes. A/AC.241/27
page 55
ANNEX IV
REGIONAL IMPLEMENTATION ANNEX
FOR THE NORTHERNMEDITERRANEAN
Article 1
Purpose
The purpose of this Annex is to provide guidelines and arrangements
necessary for the effective implementation of the Convention in affected country
Parties of the northern Mediterranean region in the light of its particular
conditions.
Article 2
Particular conditions of the northern Mediterranean region
The particular conditions of the northern Mediterranean region referred to
in article 1 include:
(a) semi-arid climatic conditions affecting large areas, seasonal
droughts, very high rainfall variability and sudden and high-intensity
rainfall;
(b) poor and highly erodible soils, prone to develop surface crustsi
(c) uneven relief with steep slopes and very diversified landscapes;
(d) extensive forest coverage losses due to frequent wildfires;
(e) crisis conditions in traditional agriculture with associated land
abandonment and deterioration of soil and water conservation
structures;
(f) unsustainable exploitation of water resources leading to serious
environmental damage, including chemical pollution, salinization and
exhaustion of aquifers; and
(g) concentration of economic activity in coastal areas as a result of
urban growth, industrial activities, tourism and irrigated
agriculture.
Article 3
Strategie planning frarnework for sustainable development
1. National action programmes shall be a central and integral part of the
strategie planning framework for sustainable development of the affected country
Parties of the northern Mediterranean.A/AC.241/27
page 56
2. A consul tati ve and participatory process, invol ving appropriate levels
of government, local communities and non-governmental organizations, shall be
undertaken ta provide guidance on a strategy with flexible planning ta allow
maximum local participation, pursuant to article 10, paragraph 2 (f) of the
Convention.
Article 4
Obligation to prepare national action programmes and timetable
Affected country Parties of the northern Mediterranean region shall prepare
national action programmes and, as appropriate, subregional, regional or joint
action programmes. The preparation of such programmes shall be finalized as soon
as practicable.
Article 5
Preparation and implementation of national action programmes
In preparing and implementing national action programmes pursuant to
articles 9 and 10 of the Convention, each affected country Party of the region
shall, as appropriate:
(a) designate appropriate bodies responsible for the preparation,
coordination and implementation of its programme;
(b) invol ve affected populations, including local communities, in the
elaboration, coordination and implementation of the programme through
a locally driven consultative process, with the cooperation of local
authorities and relevant non-governmental organizations;
(c) survey the state of the environment in affected areas to assess the
causes and consequences of desertification and to determine priority
areas for action;
(d) evaluate, with the participation of affected populations, past and
current programmes in arder to design a strategy and elaborate
activities in the action programme;
(e) prepare technical and financial programmes based on the information
gained through the activities in subparagraphs (a) to (d); and
(f) develop and utilize procedures and benchmarks' for monitoring and
evaluating the implementation of the programme. A/AC.241/27
page 57
Article 6
Content of national action programmes
Affected country Parties of the region may include, in their national action
programmes, measures relating to:
(a) legislative, institutional and administrative areaSj
(b) land use patterns, management of water resources, soil conservation,
forestry, agricultural activities and pasture and range management;
(c) management and conservation of wildlife and other forms of biological
diversitYi
(d) protection against forest fires;
(e) promotion of alternative livelihoods; and
(f) research, training and public awareness.
Article 7
Subregional, regional and joint action programmes
1. Affected country Parties of the region may, in accordance with article
11 of the Convention, prepare and implement subregional and/or regional action
programmes in order to complement and increase the efficiency of national action
programmes. Two or more affected country Parties of the region, may similarly
agree to prepare a joint action programme between or among them.
2. The provisions of articles 5 and 6 shall apply mutatis mutandis to the
preparation and implementation of subregional, regional and joint action
programmes. In addition, such programmes may include the conduct of research and
development activities concerning selected ecosystems in affected areas.
3. In preparing and implementing subregional, regional or joint action
programmes, affected country Parties of the region shall, as appropriate:
(a) identify, in cooperation with national institutions, national
objectives relating to desertification which can better be met by such
programmes and relevant activities which could be effectively carried
out through them;
(b) evaluate the operational capacities and activities of relevant
regional, subregional and national institutions; and
(c) assess existing programmes relating ta desertification among Parties
of the region and their relationship with national action programmes. A/AC.241/27
page 58
Article 8
Coordination of subregional/ regional
and joint action programmes
Affected country Parties preparing a subregional, regional or joint action
programme may establish a coordination committee composed of representatives of
each affected country Party concerned to review progress in combating
desertification, harrnonize national action programmes, make recommendations at
the various stages of preparation and implementation of the subregional, regional
or joint action programme, and act as a focal point for the promotion and
coordination of technical cooperation pursuant to articles 16 to 19 of the
Convention.
Article 9
Non-eligibility for financial assistance
In irnplementing national, subregional, regional and joint action programmes,
affected developed country Parties of the region are not eligible to receive
financial assistance under this Convention.
Article 10
Coordination with other subregions and regions
Subregional, regional and joint action programmes in the northern
Mediterranean region may be prepared and implemented in collaboration with those
of other subregions or regions, particularly with those of the subregion of
northern Africa. V. RECORDS RELATING TO THE HOUSING
ARRANGEMENTS FOR THE GLOBAL MECHANISM
CONVENED BY THE CONFERENCE OF THE PARTIES OF
THE UNCCD AND IFAD ICCD/COP(l)/I l/Add.l
Page 67
Decision 24/COP.l
Organization to house the Global Mechanism
and agreement on its modalities
The Conference of the Parties,
Recalling that the Conference of the Parties (COP), in accordance with article 21,
paragraphs 5 and 6, of the Convention to Combat Desertification in Those Countries Experiencing
Serious Drought and/or Desertification, particularly in Africa, shaH:
(a) identify, at its tirst ordinary session an organization to house the Global Mechanism
establ ished under article 21, paragraph 4,of the Convention;
(b) agree with the organization it has identified upon the modalities for the Global
Mechanism; and
(c) make, at its first session, appropriate arrangements with the organization it has
identified to house the Global Mechanism for the administrative operations of such Mechanism,
drawing to the extent possible on existing budgetary and human resources,
Having examined the recommendations of the Intergovernmental Negotiating Committee
for the Elaboration of an International Convention to Combat Desertification in Those Countries
Experiencing Serious Drought and/or Desertification, Particularly in Africa (lNCD) regarding the
functions of the Global Mechanism, and the criteria for selecting an institution to house it, as
reflected in Appendix 1of document ICCD/COP( J)/5 and in paragraphs 1and 2 of the Committee's
decision 10/3, taken at the tirst part of its tenth session, with the amendment contained in document
ICCD/COP( 1)/5/Add.l,
Recalling decision 10/18 of the INCD, taken at its resumed tenth session, which, inter alia:
(a) requests the COP at hs first session to consider the offers of the International Fund
for Agricultural DeveJopment (IFAD) and the United Nations Development Programme (UNDP),
including any suggestions they deem necessary, and to take appropriate action on the matters
related to the selection of an institution to house the Global Mechanism; and
(b) requests the Permanent Secretariat of the Convention, in consultation with IFAD and
UNDP, to develop proposais on administrative and operational modalities of the Global Mechanism
for consideration and adoption by the COP at its tirst session,
Noting with appreciation the revised offer of IFAD to house the Global Mechanism,
contained in Appendix Il of document leco/COP( 1)/5, as supplemented by document
ICCD/COP( 1)/CRP.3, prepared in response to operative paragraph 1 of INCD decision 10/18,
Also noting with appreciation the revised offer of UNOP to house the Global Mechanism,
contained in Appendix III of document ICCD/COP( 1)/5, as supplemented by document
ICCD/COP( 1)/CRP.2, prepared in response to operative paragraph 1 of INCD decÎsion 10/18, ICCD/COP(l)/llIAdd.1
Page 68
Noting further document ICCD/COP{ 1)/5/Add.2/Rev.l, which contains proposais developed
by the Permanent Secretariat, in consultation with IFAD and UNDP regarding the administrative
and operational modalities of the Global Mechanism,
1. Decides to select IFAD to house the Global Mechanism on the basis of criteria agreed
on in Section B of the Annex to INC0 decision 10/3;
2. Decides also that the Global Mechanism, in carrying out its mandate, under the
authority and guidance of the COP, should perform the funetions described in the annex to this
decision;
3. Requests the Permanent Secretariat, in consultation with the organization to house the
Global Mechanism, as weil as the other two eollaborating institutions referred to in decision
25/COP.], to develop a memorandum of understanding between the COP and appropriate body or
organization for consideration and adoption at the second session of the COP;
4. Requests also the Permanent Secretariat and the organization housing the Global
Mechanism, in consultation with the two other col1aborating institutions, in developing the
memorandum of understanding referred to in paragraph 3 above, to take fully into account
document ICCD/COP(] )/5 and other related documents, including document ICCD/COP( 1)/CRP.],
to address, inter alia, the follow ing:
(a) the separate identity of the Global Mechanism within the housing organization;
(b) the measures to be taken to assure full accountability and full reporting to the COP;
(c) the field oftice support available for Global Mechanism activities;
(d) the administrative infrastructure available to support the Global Mechanism; and
(e) arrangements for the handling of resources made availabJe for Global Mechanism
functioning and activities;
5. Further requests the organization housing the Global Meehanism and the Permanent
Secretariat to work out appropriate arrangements for liaison and cooperation between the Permanent
Secretariat and the Global Mechanism in order to avoid duplication and to enhanee the
effectiveness of Convention impfementation in aceordanee with their respective roles in
implementation;
6. Invites relevant institutions, programmes and bodies of the United Nations system.
ineluding the United Nations Food and Agriculture Organization (FAO), the Global Environment
Facility (GEF), the United Nations Environment Programme (UNEP) and the World Food
Programme (WFP), intergovemmental, regional and subregional organizations and regional
deveJopment banks, as weil as interested non-govemmental organizations (NGOs) and the private
sector, to aetively support the activitiesof the Global Mechanism; ICCD/COP(l )/11/Add.l
Page 69
7. Urges Governments and ail interested organizations, including non-govemmental
organizations and the private sector, to make promptly the voluntary contributions necessary to
ensure that the Global Mechanism can begin operating on 1 January 1998 on the basis of Section
A of Appendix 1 of document ICCD/COP(l )/5 and continue etTective operations on the basis of
the memorandum of understanding referred to in paragraph 3 above after its adoption by the second
session of the COP;
8. Reiterates that, in accordance with article 21, paragraph 7 of the Convention, the COP
shall, at its third ordinary session, review the poJicies, operational modalities and activities of the
Global Mechanism and, on the basis of this review, shall consider and take appropriate action.ICCD/COP( 1)/Il/Add.l
Page 70
ANNEX
FUNCTIONS OF THE GLOBAL MECHANISM
In order to increase the effectiveness and efficiency of existing financial mechanisms, a
global mechanism is established to promote actions leading to the mobilization and channelling of
substantial tinancial resources.
In accordance with the relevant provisions of the Convention, in particular articles 7, 20 and
21, and the tïnancial provisions of relevant regional implementation annexes, the global mechanism
shall function under the authority and guidance of the Conference of the Parties, including on
policies, operational modalities and activities, and be accountable and make regular reports to it,
according to the principles of transparency, neutrality and universality. The global mechanism, in
carrying out its mandate under article 21, paragraph 4, should perform the following functions:
1. Collecting and disseminating information
(a) Identify potential sources of financing from bilateral donors, the United Nations
system, multilateral tïnancial institutions, regional and subregional financial
mechanisms, and non-governmental organizations, foundations and other private sector
entities, and establish relationships and maintain contacts with them.
(b) Establish and update an inventory of the tinancial needs of affected developing
country Parties for carrying out action programmes, as weil as other relevant activities
related to the implementation of the Convention, on the basis of information provided
under relevant articles of the Convention.
(c) Identify and draw up an inventory of relevant bilateral and multilateral cooperation
programmes and available financial resources in the form of a comprehensive
database, incorporating information both from Parties and from various financial
mechanisms, comprising:
(i) Sources of available financing through bilateral and multilateral agencies,
including their funding patterns and eligibility criteria, using reports to the
Conference of the Parties by Parties and ail other available data;
(ii) Sources of tinancing from non-governmental organizations, foundations,
academic institutions and other private sector entities that might be
encouraged to provide tùnding, including their funding patterns and
eligibility criteria;
(iH) National tùnding in affected country Parties to finance actions designed
to combat desertification and/or mitigate the etTects of drought.
(d) Disseminate information collected in accordance with paragraphs (a), (b) and (c)
to Parties on a regular basis and make it available, on request, to interested
intergovernmental and non-governmental organizations. ICCD/COP(1 )I1I/Add.l
Page 71
2. Analyzing and advising on request
(a) Promote the matching of available resources to the projects and programmes of
affected developing countries related to combating desertitication, including
assisting them to tind new and additional resources for the implementation of the
Convention.
(b) Analyze and provide advice on sources of financial assistance and on
mechanisms to channel resources to the local, national and subregional levels,
including through non-governmental organizations and private sector entities.
(c) Provide advice on the establishment, tinancing and management of national
desertification funds.
(d) Identify, promote and provide advice about innovative methods and incentives
for mobilizing and channelling resources.
3. Promoting actions leading to cooperation and coordination
(a) Disseminate information it collects 50 as to facilitate the assessment of, and
exchange of information on, the effectiveness of tinancial assistance, including
its accessibility, predictability, flexibility, quality and local-level orientation.
(b) Provide identitied United Nations agencies, tùnds and programmes, and
multilateral tinancial institutions, with information and stimulate coordination
among them, including in multiple-source financing.
(c) Encourage, and facilitate coordination through the provision of intormation and
other measures concerning relevant multiple-source financing approaches,
mechanisms and arrangements, such as co-financing, paral1e1financing, consortia
and joint programmes.
(d) Increase awareness of the Convention, and promote the participation in its
implementation. of identified foundations, academic institutions,
non-governmental organizations and other private sector entities and facilitate
contacts with them by interested Parties, in order to contribute to the mobilization
and channelling of substantial financial resources.
(e) Provide information, making use of the Contèrence of the Parties and other
relevant existing forums, that will:
(i) Facilitate discussion of relevant issues in the governing bodies of
multilateral financial institutions;
Oï) Inform Parties about the eligibility criteria and projects of international
tinancial instruments and mechanisms, including particularly the Global
Environment Facility (GEF), as they relate to implementation of the
Convention~ICCD/COP(1 )/11/ Add.l
Page 72
(iii) Inform affected country Parties about each other's relevant activities;
(iv) Disseminate methodologies developed by Parties to identify and prioritize
the tinancial needs of action programmes at all levels;
(v) Promote full use and continued improvement of the funding sources to be
utilized for the implementation of the Convention referred to in relevant
articles of the Convention.
(0 Identify and then provide information and advice on tinancing sources for the
transfer, acquisition, adaptation and development of environmentally sound,
economically viable and socially acceptable technologies relevant to combating
desertification and/or mitigating the effects of drought.
(g) Promote partnership building as it relates to the support of the mobil ization of
tlnancial resources for the implementation of the Convention at the local,
national, subregional and regional levels.
(h) Facilitate the financing of information exchange on best practices utilized in
combating desertitication and/or mitigating the effects of drought at the local
level in affected developing country Parties.
4. Mobilizing and channelling tinancial resources
(a) Promote actions leading to the mobilization and channelling of tinancial
resources to ail levels in accordance with the provisions of the Convention.
(b) Undertake actions and/or activit ii ear1nership particularly with developed
country Parties, and relevant institutions, that shall, consistent with the
Convention, mobilize and maximize for the purpose of the Convention adequate
and substantial tlnancial resources, including, as agreed in the Convention, new
and additional resources, on a grant or, if necessary, concessional basis, to fund
activitiesunder action programmes of affected developing country Parties,
particularly those in Africa, at aIl levels in conformity with the Convention and
with the particular conditionsof the regions of relevant regional implementation
annexes.
(c) Promote the use of existing bitateral and multilateral tinancial mechanisms and
arrangements that mobilize and channel substantial tinancial resources to affected
developing country Parties in combating desertitication and mitigating the effects
of drought.
(d) Undertake actions and/or activities for the mobilization of adequate, timely and
predictable tinancial resources,incJuding new and additional funding from the
Global Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity with
the relevant provisions of the instrument establishing the Global Environment
Facility. ICCO/COP(l )/llIAdd. t
Page 73
(e) Guide and direct, as requested and as appropriate, the channelling and allocation
of resources mobil ized for the purpose of the Convention from bilateral and
multilateral sources through the host, and other organizations in an adequate,
predictable and timely tàshion to local. national, subregional and regional levels
for the implementation of action programmes. projects and activities to combat
desertification and/or mitigate the effects of drought in affected developing
country Parties, particularly in Africa.
(f) Use, as requested and appropriate, its own resources made available to it through
trust fund(s) and/or equivalent arrangements established by the host organization
for the Global Mechanism's functioning and activities, as defined in this annex,
From bilateral and multilateral sources through the host organization and from the
budget of the Convention.
(g) Encourage, in conjunction with the Conference of the Parties, the prOVISIOn,
through various mechanisrns within the United Nations system and through
multilateral financial institutions, of support at the national, subregional and
regional levels to activities that enable developing country Parties to meet their
obligations under the Convention.
(h) Increase the efficiency and effectiveness of existing financial mechanisms and
colJaborate with them to facilitate and catalyse the mobilization and channelling
by them of adequate and substantial financial resources, including new and
additional resources, for implementation of the Convention.
(i) Play, among other functions, a catalytic role, in ensuring the availability of
resources for project and programme design and implementation from bilateral
and multi lateral sources.
U) Promote and tàcilitate, through the actions in paragraphs (a) to (i):
(i) The transfer, acquisition, adaptation and development of environmentally
sound, economicalJy viable and socially acceptable technologies,
knowledge, know-how and practices relevant to combating desertification
and/or mitigating the effects of drought in affected developing countries,
in conformity with the Convention.
(ii) The use of indigenous and traditional knowledge and technologies, as
weil as local expertise. at ail levels in affected developing countries.
5. Reporting to the Conference of the Parties
(a) Provide reports to the sessions of the Conference of the Parties on its activities,
including in those reports the following:
(i) The operations and activities of the global mechanism. including the
effectiveness of its activities in promoting the mobilization and
channelling of the substantial financial resources referred to in paragraph
4 (a) above to atTected developing country Parties;ICCD/COP(l)/ll1Add.l
Page 74
(ii) The assessmentof future availability of funds for implementation of the
Conventi aon ~Il as assessment and proposaIs for effective ways and
means of providing such funds. UNITED
NATIONS
~~;;. C,onvention to Combat Distr .
• tlt - Desertification GENERAL
ICCD/COP(3}/10
30 August 1999
ORIGINAL: ENGLISH
CONFERENCEOF THE PARTIES
Third session
Recife, 15-26 November 1999
Item lO(b) of the provisional agenda
GLOBALMECHANISM
CONSIDERATION OF, WITH A VIEW TO ADOPTING, THE REVISED DRAFT
MEMORANDUM OF UNDERSTANDINGBETWEENTHE CONFERENCEOF THE PARTIES
AND THE INTERNATIONALFOND FOR AGRICULTURALDEVELOPMENT
Note by the secretariat
1. By decision 24/COP.1, paragraph 3, the Conference of the Parties (CaP)
requested the secretariat, in consultation with the International Fund for
Agricultural Development (IFAD), as weil as the United Nations Development Programme'
(UNDP) and the World Bank, to develop a memorandum of understanding (MOU) between
the COP and the appropriate body or organization on the Global Mechan.ism (GM) for
consideration and adoption at the second session of the COP.
2. The COP also requested the secretariat and IFAD, in consultation with the UNDP
and the World Bank, in developing such MOU, to take fully into account document
ICCD/COP(1)/5 and other related documents, including ICCD/COP(l)/CRP.l.
3. In conformity with decision 24/COP.l, a draft memorandum of understanding was
proposed to the Conference of the Parties for consideration at its second session
(ICCD/COP(2)/4/Add.l) .
4. By decision 19/COP.2, the Conference of the Parties took note of the draft
mernorandum of understanding and requested the secretariat to continue consultations
on the text, in order to ensure that comments made by Parties were taken into
account, dnd to submit d revised draft of the memorandum of understànding for
consideration and decision by the Conference of the Parties dt its third session.
5. The Conference of the Parties, by the same decision, decided diso to transmit
ta its third session the draft decision ICCD/COP(2J/L.19 submitted by Tndonesia on
behalf of the Group uf 77 and Chind.
GE.99-65722 ICCD/COP(3)/lO
Page 2
6. Following consultations with the concerned Parties and IFAD, a revised draft
of the MOU was prepared by the secretariat. The new text was approved by the
Executive Board of IFAD at its session on 28 and 29 April 1999.
7. In accordance with decision 19/COP.2 of the Conference of the Parties, the
draft memorandurn of understanding and draft decision ICCD/COP(2)/L.19 are annexed,
for consideration and decision by the Conference of the Parties (see annexes 1 and
III, respectively), together with the text of decision 19/COP.2 (annex II). ICCD/COP(3)/lO
Page 3
l\nnex l
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CONFERENCE OF THE PARTIES OF THE CONVENTION TO COMBAT
DESERTIFICATION AND THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT REGARDING THE MODALITIES AND ADMINISTRATIVE
OPERATIONS OF THE GLOBAL MECHANISM
MEMORANDUO MF UNDERSTfu~DIN Gated , between the Conference
of the Parties (hereinafter called "the Conference") of the United Nations Convention
to Combat Desertification in those Countries Experiencing Serious Drought and/or
If
Desertification, particularly in Africa (hereinafter called "the Convention Ifor "CCD )
and the International Fund for Agricultural Development (hereinafter called "the Fund"
or "IFAD") regarding the modalities and administrative operations of the Global
Mechanism.
WHEREASthe Conference was required, in accordance with Article 21, paragraphs
5 and 6, of the Convention, to identify at its first ordinary session, an organization
to house the Global Mechanism established under Article 21, paragraph 4, and whereas
the Fund submitted a revised ofter to house the Global Mechanism, contained in Appendix
II of the document ICCD/COP(1)/5 dnd supplemented by document ICCD/COP(1)/CRP.3i
WHEREAS the Conference, in paragraph 1 of its decision 24/COP.l, taken at its
first session, selected the Fund to house the Global Mechanism established under
Article 21, paragraph 4, of the Convention;
WHEREAS the Conference, in paragraphs 1 and 2 of its decision 25/COP.l, also
taken at its first session, decided that, in support of the functions of the Global
Mechanlsm, the organization to house the Global Mechanism shall, as the lead
organization, fully cooperate with the United Nations Development Programme (UNDP) and
the World Bank and other relevant international organizations; and
WHEREASthe Conference, in paragraphs 3 and 4 of lts decision 24/COP.l, requested
the secretariat of the Convention, in consultation with the Fund, UNDP and the World
Bank, to develop a memorandum of understanding between the Conference and an
appropriate body of the Fund;
NOW THEREFORE it is hereby understood that the modalities and administrative
operations of the Global Mechanism will be as follows: ICCD/COP(3)/lO
Page 4
1. FUNCTIONS OF THE GLOBALMECHANISM
In carrying out its mandate, under the authority and guidance of the Conference,
the Global Mechanism will, in accordance with paragraph 2 of decision 24/COP.l of the
Conference, perforrn the functions described in the annex to that decision. As the
housing institution, the Fund will support the Global Mechanism in performing these
functions in the framework of the mandate and policies of the Fund.
II. STATUS OF THE GLOBALMECHANISMWITHIN THE FUND
A. Separate identity of the Global Mechanism
While the Global Mechanism will have a separate identity within the Fund, it will
be an organic part of the structure of the Fund directly under the President of the
Fund.
B. Resources of the Global Mechanism
The resources of the Global Mechanism will comprise the followlng:
(a) Arnounts received from allocations of the core budget of the Convention by
the Conference to meet the administrative and operational expenditures of the Global
Mechanism. These amounts will be held by the Fund upon receipt in an account termed
"Core Budget Administrative Account";
(b) Amounts contributed voluntarily by Multilateral and bilateral donars as
well as other sources, including non-governmental organizations and the private sector,
ta meet the administrative and operational expenditures of the Global Mechanisrn and
remuneration to the Global Mechanism for services rendered to a specifie donor or group
of donors. Such amounts will be held by the Fund upon receipt in an accouDt termed
"Voluntary Contributions Administrative Expenses Account ",; and
(c} In accordance with section 4(f) of the annex to decision 24/COP.l of the
Conference, amounts made available for the use, as requested and appropriate, of the
Global Hechanism ("Global Mechanism's own resources") for its functioning and
activities from bilateral and Multilateral resources through trust fund(s} and/or
equivalent arrangements established by the Fund, including the proceeds of cost-sharing
arr-angements with the Global Mechanism. All these amounts will be held by the Fund
upon receipt in an account termed "Special Resources for CCD Finance (SRCF) Account".
The ~Jnd will provide a grant contribution as part of the initial capita.Lization of the
SRCF Account and seek matching financing from interested donars, taking into account
the offer mdde by IFAD at the first ordinary session of the Conference in paragraph 48
of document rCCD/COP(1)/5. ICCD/COP()/lO
Page 5
C. Management of the Global Mechanism resources
With respect to the funds allocated from the core budget of the Convention and
received by the Fund under (a) above, the rules of procedure and financial rules
adopted by the Conference will apply to the transfer to IFAD of the said funds. With
respect to the funds received by IFAD under (a), (b) and (c) above, aIl these amounts
will be received, held and disbursed and the said accounts will be administered by the
Fund in accordance with the rules and procedures of the Fund, including those
applicable to the management of the Fund's own supplementary funds (trust funds).
D. Management of the Global Mechanism
The Managing Director of the Global Mechanism (hereinafter called "the Managing
Director") will be nominated by the Administrator of UNDP and appointed by the
President of the Fund. The Managing Director, in discharging his or her
responsibilities, will report directly to the President of IFAD. The Managing Director
will cooperate with the Executive Secretary of the CCD pursuant to decision 9/COP.l.
III. RELATIONSHIP OF THE GLOBAL MECHANISMTO THE CONFERENCE
A. Accountability to the Çonference
(1) The Global Mechanism will function under the authority of the Conference and be
fully accountable to the Conference.
(2) The chain of accountability will l'un directly from the Mdnaging Director to the
President of the Fund to the Conference of the Parties. The Managing Director will
submit reports to the Conference on behalf of the President of the Fund.
(3) The Conference will provide policy and operational guidance as necessary,
including guidance resulting from the review of the policies, operational modalities
and activities of the Global Mechanism to take place at its third ordinary session in
accordance with Article 21, paragraph 7 of the Convention.
(4) The Managing Director will be responsible for preparing the programme of work and
budget of the Global Mechanism, including proposed staffing, which will be reviewed and
approved by the President of the Fund before being forwarded to the Executive Secretary
of the Convention for consideration in the preparation of the budget estimates of the
Convention, in accordance with the financial rules of the Conference.
(S) The budget estimates for the Global Mechanism, which will be shown in a separate
section of the Convention budget, rnay include administrative and operational
expenditures to be financed bath frem the core budget of the Convention, and, if
appropriate, from the Voluntary Contributions Administrative Expenses Account. ICCD/COP(3)/lO
Page 6
(6) The Conference will approve the programme of work and budget of the Global
Mechanism, authorize the Executive Secretary ta transfer resources from the General
Fund of the Convention ta the Fund for aIl or a portion of the Global Mechanism's
approved operating expenses and reimburse the United Nations for any administrative
support costs incurred in this process.
(7) The Fund will, as saon as practicable following the end of the financial year of
the Convention, provide the Conference with an audited financial statement of the Core
Budget Administrative Account in accordance with the Fund's normal audit procedures.
B. Reporting ta the Conference
The Managing Director, on behalf of the President of the Fund, will subrnit a
report to each ordinary session of the Conference on the activities of the Global
Mechanisrn. Such reports which will be submitted ta the Executive Secretary for
circulation ta the Conference, will encompass the following:
(a) The operations and activi ties of the Global Mechanism, including the
effectiveness of its activities in prornoting the mobilization and channelling of the
substantial financial resources referred to in section 4(a) of the annex to decision
24/COP.l of the Conference;
(b) An assessment of the future availability of funds for implementation of
the Convention, as weIl as proposais for effective ways and means of providing such
fundsi and
(c) The activities of the Fund, UNDP and the World Bank as weIl as other
relevant organizations in supporting the Global Mechanism.
IV. COLLABORATIVE INSTITUTIONAL ARRANGEMENTS
A. Genpral collaborative arranqements
The Fund will, in accordance with paragraphs 2 and 3 of decision 25/COP.l of the
Conference, fully cooperate with UNDP and the World Bank to proceed with, actively
pursue and develop further the collaborative institutional arrangements described in
document ICCD/COP(l)/CRP.l, including the establishment of a Facilitation Committee.
Pursuant to paragraph 5 of decision 24/COP.l, the Facilitation Committee will include
the Executive Secretary as its member.
B. COQperatioo with the Convention secretariat
(l} The Fund and the secretariat of the Convention will cooperate and exchange on a
regular basis views and experiences necessary to facilitate the effectiveness of the
Global Mechanisffi in assi3ting the Parties to ~nplement the Convention. rCCD/COP(3)/lO
Page "7
(2) In accordance with paragraph 5 of decision 24/COP.l of the Conference, the Fund
will work out with the secretariat of the Convention appropriate arrangements for
liaison and cooperation between the secretariat and the Global Mechanism in order to
avoid duplication and to enhance the effectiveness of Convention implernentation in
accordance with their respective roles in implementation. Sueh collaboration between
the Managing Director and the Executive Secretary will ensure the continuity and
coherence of existing and future programmes of the Fund and the CCD.
c. Coo~eration with other relevant organizations
The Fund will, in accordance wi th paragraph 6 of decision 24/COP.1 of the
Conference and paragraph 4 of decision 25/COP .1, encourage active support for the
Global Mechanism, as weIl as the establishment or strengthening of programmes to cowbat
desertification in affected developing countries, by.relevant institutions, programmes
and bodies of the United Nations system, ineluding the Food and Agriculture
Organization of the United Nations (FAO) , the Global Environment Facility (GEF), the
United Nations Environment Programme (UNEP) and the World Food Programme (WFP) , and by
regional and subregional organizations and regional development banks such as the
African Developrnent Bank (AfDB), the Asian Development Bank (AsDB), the Inter-American
Development Bank (lADB), the Islamic Development Bank (IsD8), the Central American Bank
for Economic Integration (CABEI) and the Caribbean Development Bank (COB), as weIl as
interested non-governmental ~rganizations and the private sector.
v. FIELD OFFICE SUPPORT FOR THE GLOBAL MECHANISM
The Fund will make appropriate arrangements to obtain supporting services from
the United Nations country team, operating under the leadership of the United Nations
resident coordinators within the framework of the resident coordinator system.
VI. ADMINISTRATIVE INFRASTRUCTURE
The Global Mechanism will be located at the headquarters of the Fund in Rome,
where it shall enjoy full access to aIl of the administrative infrastructure available
to the Fund offices, including appropriate office space, as weIL as personnel,
financial, corrununications and information management se.r:vices. Any direct costs and
associated service charges reimbursable to IFAD will be reflected in the budget of the
Global Mechanism.
VII. FINAL PROVISIONS
A. Entry into operation
The present Memorandum of Understanding will enter into operation immediate.ly
upon its approval by the Conference and the Fund. ICCD/COP(J)/lO
Page 8
B. Implementation of the Memorandum of Understancting
The Conference and the Fund rnay enter in such supplementary arrangements for the
implementation of the present Memorandum of Understanding as may be found desirable.
C. TerminatioD
The present Memorandum of Understanding may be terminated at the initiative of
the Conference or the Fund wi th prior wri t ten notice of at least one year. In the
event of termination, the Conference and IFAD will jointly reach an understanding on
the most practical and effective means of carrying out any responsibilities assumed
under the present Memorandum of Understanding.
D. Amendrnent
The present Memorandum of Understanding may be revised by mutual consent in
writing between the Conference and the Fund.
E. Interpretation
If differences arise in the interpretation of the present Memorandum of
Understanding, the Conference and the Fund shaii reach a mutually acceptable solution
on the basis of the English text thereof.
FOR THE CONFERENCE OF THE PARTIES TO THE
CONVENTION TO COMBAT DESERTIFICATION
Signed by:
Executive Secretary
FOR THE INTERNATIONAL FUND FOR
AGRICULTURAL DEVELOPMENT
Signed by:
President"
ICCD!COP(3)!lO
Page 9
Annex II
Decision 19/COP.2
Memorandum of understanding
between the Conference of the Parties to
the United Nations Convention to Combat Desertification and
the International [und for Agricultural DeyelQpment
regardinq the modalities and administrative operations of the
Global Mechanism
The Con.ference of the Parties
1. Takes note of the draft memorandum of understanding between the Conference
of the Parties to the United Nations Convention to Combat Desertification and the
International Fund for Agricultural Development regarding the modalities and
administrative operations of the Global Mechanisml/, jointly prepared by the
secretariat of the Convention and the International Fund for Agricultural Development,
and requests the secretariat of the Convention to continue consultations on the text
of the draft memorandum of understanding, in order to ensure that comments by Parties
are taken into account, and to subrnit a revised draft of the memorandum of
understanding for consideration and decision by the Conference of the Parties at its
third session;
2. Decides to transmit to its third session the draft decision
ICCD!COP(2l/L.19 submitted by Indonesia on behalf of the Group of 77 and China;
3. Cal1s upon aIl those to whom the draft memorancttlln of understanding is
addressed to act, pending its entry into operation, as if it were already in effect.
12 th Plenary
11 December 1998
1/ rCCD/COP(2)!4/Add.l, annex. ICCD/COP(3)/IO
Page 10
Annex III
Memorandum of understandinq between the Conference of the
Parties and the International Fund for Agricultural
DeyelQprnent reQardinq the modalities and administrative
operations of the Global Mechanism
Indonesia*/: draft decision
The Conference of the Parties,
Recallinq its decision 24/cOP.l on the organization to hQuse the Global Mechanism
and agreement on its modalities,
Hayinq considered the draft rnemorandum of understanding with the International
Fund for Agricultural Development on the Global Mechanism, ~I
1. AdoRts the memorandum of understanding annexed to the present decision,
thereby bringing it into force; li
2. Beguests the Convention secretariat and the International Fund for
Agricultural Development to take, jointly andlor separately, aIl necessary measures for
the full and timely implementatioo of the memorandum of understanding.
~/ On behalf of the States Members of the United Nations that are members of
the Group of 77 and China.
li ICCDICOP(2)/4/Add.l.
~/ rCCDICOP(21/4/Add.l, annex, ta be annexed to the decision, upon adoption,
in the f~nal report of ~he Conference. - 15 -
HOUSING OF THE GLOBAL MECHANISM OF THE UNITED NATIONS
CONVENTION TO COMBAT DESERTIFICATION
Resolution I08/XXI
The Housing of the Global Mechanism of the United Nations Convention to Combat Desertification
The Governing Council of IFAD,
Noting the decision of the Conference of the Parties (COP) to the United Nations Convention to
Combat Desertification (CCD), at its First Session, to i,nviteIFAD to house the Global Mechanism of
the CCD (Decision 24/COP.l);
Further noting the important role played by IFAD in the first twenty years of its existence in
combatting desertification;
Welcoming the collaborative institutional arrangement among IFAO, UNOP and the World Bank:to
support the effective implementationof the Global Mechanism;
Having cOnsidereddocument GC 211L.IO and its Addendum on the Housing of the Global Mechanism
of the CCD, the recommendations of the Executive Board thereon and the draft Resolution contained
in the said documents;
Decides that:
1. IFAD shaH accept the decision of the Conference of the Parties (COP) of the CCD at its Fifst
Session to select IFAD to house the Global Mechanism thereof.
2. The Executive Board is authorized to approve the modalities, procedures and administrative
arrangements to be contained in a Memorandum ofUnderstanding between the COP and IFAO
for the housing of the Global Mechanism by IFAD.
3. The President of IFAD is authorized to sign a Memorandum of Understanding between COP
and IFAD, containing such arrangements as the Executive Board may approve for the housing
of the Global Mechanism.
4. The President of IFAD is requested to report periodically to the Executive Board on the
administrative arrangements for the housing of the said Global Mechanism in IFAD and on
such activities as IFAD may undertake insupport of the Global Mechanism, while also keeping
the Executive Board informed of the activities of the Global Mechanism. 1
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1 IFAD
The President INTERNATIONAL
FUND FOR
, AGRICULTURAL
DEVELOPMENT
JJL
PB No. 99/10 4 October 1999
PRESIDENT'S BULLETIN
Subject: Accouats of the GlMechanism
are referred to under sectionection B, "The Resources of the Global Mechanism", in thes. These
Memorandum of Understanding (MOU) beIFAD and the Conference of the Parties (CaP) of
the United Nations Convention to Combat Desertification in those Countries Experiencing Serious
Drought and/or Desertification, Particularly).
2. Attachmen1 describes tthreaccounts and the procedures and regulations for their
operationAttachment sets out the Basic Framework on the Special Resources for the CCD
Finance (SRCF) Account.
3. This Bulletin takes effect as of the date written above.
~t9?W~
--.
FawziH.AI-Sultan
President AITACHMENTI
GLOBAL MECHANISM
OF THE UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN TUOSE COUNTRIES EXPERIENCING SERIOUS
nROUGHT AND/OR DESERTIFICATION, PARTICULARLY IN AFRICA
ACCOUNTS OF THE GLOBAL MECHANISM ACCOUNTS OF THE GLOBAL MECHANISM
The Fint Ac:c:ount:Core Budget Administrative Ac:c:ouot
The first account is defmed as followinthe MOU: amounts received from allocations of the core
budget of the Convention by the COP to meet the administrative and operationaJ expendilures of the
Global Mechanism. These amounlSshall be held by the Fund upon receipt in an account termed
"Core BudgetAdministrative Account".
The operative words in this text are ''tomeet the administrative and operational expenditures of the
Global Mechanism".
By administrative expenditures. the following should be understood: an costs related to staff
employed by the Global Mechanism, including recruitment and salary-related costs. also includes
travel costs for such staff, purchase/rental of equipment and supplies required to perfontasks
defmed for suchpostsand other related services rendered, such as audit costs and service charges.
By operational expenditures. the following should be understood: ail costs related to the
implementation of the functions of the Global Mechanism as defmed in article 21 of the CCD
Convention and in decisions 24/COP.1 withitannex and 2S/COP.1 with its annexe Included in sueh
costs are: (i) the employment of consultants to assist Parties to the Convention and its partners in civil
society in preparing action plans and programmes for subsequent implementation;) costs related to
the marketing and awareness-raising funetions of the Global Mechanism; and (Hi) the organization of
finaneing conferences aimed at generating funds for the implementation of investment programmes
and CCD Convention-related activities.
lnshort, ail costs leading up to the preparation of activities and programmes required to implement
the CCD Convention.
Budgeting: The proposed work programme and core budget for the Global Meehanism shall he
prepared by the Managing Director of the Global Mechanism in full consultation with the Controller's
,O.!ficof IFAD (VC). Following the President of IFAD's approval, the proposai shall hesubmitted to
'the CCD Secretariat for presentation to the Conference of the Parties of the CCD Convention (COP)
for final approval.
Approval of the work programme and core budget for the Global Mechanism and of the yearly
amount to he deposited into this account shhelundertaken by the COP. Actual payment to IFAD
shall be made in Înstalments. Authority for the usehis account lies with the Managing Director of
the Global Mechanism, except for the expenditures related to the Managing Director of the Global
Mechanism which shall be approved by the President of IFAD. In the absence of the Managing
Directorof the Global Mechanism, hislher responsibilities may be delegated.
Investment: IFAD May invest funds held in this aceount which are not currently required for
disburse T~henicorne tberefrom shall be credited to this account and used for the purposes of the
aecount../
Reporting to the COP on the use of the fundinthis account shall be through the CCD Secretariat.
Accounts shallbe maintained by the Controller's Office of IFAD (VC) to show the use of budgetary
allocations against this accountThe financial statements shall be prepared annually by VC and
approved for audit by the Managing Director of the Global Mechanism and the President of IFAD for
submission to the Conferenceof the Parties of the CCD Convention for approvaI. Tbe Second Ac:c:ount:Voluntary CootribUtiODSAdmiaistrati"e ExpeDses ACCOUDt
The second açcount is defined as rOllOM in the MOU: amounts conl7ibuJedvolrmtarily by
mu/tila/eraand hUa/eral dOl1orsas weil aOlhersOlD'resïncludingnon-gal/emmental organi:atians
and the pri.,,'osec/or ta meel the admÎnisIrQI;l;and operational expendiluresof the Global
.\lechani'mJand the remunera/iontoIhe Globa~\(er:h fir.Jevicssmrendered 10a specifiedonor
or grollpof donors. Sueh amounts shallbe held b)" ,he Fund uponreceipl inan accounl lermed
.~'Ûllll1l4Comributiotr.tdm;ll;strut;E!.tpensf!s.·k,,"tJunI'•.
Th~ operalivc word:> in thist~X are ··administ arda[pera"i~nalexpenditures of th\! Global
~techan ind theremuneration to the Global~1echan iosmervices rendcredto aspecifiedonor
or groupof donors.-
Administrati\'e and QperatinnaJ expenditures adefined as for the First Accountabov~ .unds
cOlltributetothis account aretheretoreused for thsame purposes as those deposited ithe First
A.:count.Donors. however. have theoptionof earmarking theircontributionto the SecondAccount
for administrative and operatioexpenditurcs 1inked to a specifie initiabeingpursucd or to be
pursued bythe GlobalMechanism.
Bud~tjm T;h: budget estimates againthese funds shaIhe prepared by theGlobal Mechanism, in
full consultation with the ControlJer's Office of(\'C).and approved by the President of AD.
These estimates may. jf appropriate.included ia separate section of the CCConvention budget.
Inthe case of aearmarked contributionbudgetestimates shall.bprepared in co-operatiowitllthe
donor(s)concemed.
Approval: Authority for the useof mis account ties with the Managing Director of the Global
~Iechan except.for the expenditurcs related to ~fanag j rgctor of theGlobal Mechanism
\\ hich shabe approved by thePresidentof IFAD. ln the absence ofcheManagingDireetorof the
Global~techan iis/m,rn:sponsibilitirnaybe delegated.
Investment: IFAD mayin\'est funds held in this account which are not currently requiredfor
disbursement. The income therenom shall becreditetotbis account andusedfor the putposes the
account,unlessa donor statesotherwisewheneannarking their contribution.
Reportingon the overall use ofthefundsisto each individualdonor throughtheControlIec·sOffice
of IFAD (Ve). Accounts shaHhemaintainedby VC to show the use of budgetaryallocationsagainst
this account.The financiaJstatements shall bepreparcd annually by VC and approvedforauditby
the ManagingDirector of theGlobal Mechanismand the President of IFAD, ln thcaseof eannarked
c"ntributions, specialreport shanhe provided. This May incurextra coststhatwill be deducted
from thedonor'sor group of donors'contribution(s).
The Tbird ACCouDt: Special Resourc:es lor the CCD FiDaace (SRCF) Account
The thiraccount isdefined as follows in tMOU: in accordance with pCll'agrap4tjjoftheAnne."!
to Decision l~iCO JP. f the Conferenceamounl.f made al'ai/able for Ihuse, asrequested and
appropriule,of theGlobal J\!lechanis("'Globa.Yechanism ·sown resources',for ilSfunclioninand
aC:livilies frombila/eral and mullüaleral resources through trust/und(s) andior equivalent
f.l"olzgemenlestablishedhy theFuncl.includingthe proceeds ofcost sharing arrangementswith the
Global :\'/ecJu7IIism..these anJounts sha/l be heby the Fund upon receipt;nan ar:counttermed
"Special Resources for the CCD Finance (SRCF, Accoun''', The Fund .Ihall pro"r'idea grant
CCJlf/riblllat1parI ofIhe initiacapitulisalionof theSRCF Accollntand seek malchil1gfinallâng
from intt!re.ïtdonors,loking inluccountthe offer made by /FAD a/rhe firsordinarysessionof the
COP illparagraph 48 of document ICCD/COPfl),'5.
The Basic Framework On the SRCF Account sets out the details in relation to chisaccount (See
Attachment JI).
2 ATTACHMENTII
GLOBAL MECHANISM
OF THE UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN mOSE COUNTRIES EXPERIENCING SERIOUS
DROUGHT AND/OR DESERTIFICATION, PARTICULARL y IN AFRICA
BASIC FRAMEWORK
ON THE SPECIAL RESOURCES FOR THE CCD FINANCE (SRCF) ACCOUNT
,
,•. BASIC FRAMEWORK
ON THE SPECIAL RESOURCES FOR THE CCD FINANCE (SRCF) ACCOUNT
Introduction
1. As specified in paragraph n.B. (c) of the Memorandum of Understanding between the
Conference of the Parties of the United Nations Convention to Combat Desertification in those
Countries Experiencing Serious Orought and/or Desertification, Particularly in Africa, ("the
Convention" or "CCD") and the International Fund for Agricultural Oevelopment (IFAD) regarding
the modalities and administrative operations the Global Mechanism of the CCO, IFAD has opened
a "Special Resources for the CCD Finance (SRCF) Account" to receive "amounts made available for
the use, as requested and appropriate, of the Global Mechanism... for its functioning and activities
from bilateral and multilateral resources through trust fund(s) and/or equivalent arrangements
established by [IFAD], including the proceeds of cost..sharing arràngements with the Global
Mechanism". The SRCF Account has been opened in conformity with paragraph 4(f) of the Annex
to Decision 24/COP.l of the Conference of the Parties to the Convention.
2. The SRCF Account shall be used to support the development of national, regional and sub
regional Action Programmes in accordance with Article 9 of the Convention. Resources held in the
SRCF Account shaH also he used for the implementation of initiatives, activities and the design of
projects and programmes derived from such Action Programmes, either in their totality or on a cost
sharing arrangement with one or several other sources of funding. The initiatives, activities and
design of projects and programmes eligible for fmancial support from the SRCF Account Mayor may
not have been developed with support from the Global Mechanism. They shall, however, fonn part
of a coherent set of interventions designed to foster the efficient implementation of the Convention at
national, regional or sub-regional leveIn.confonnity with the Convention, funds held in the SRCF
Account May benefit Parties to Annexes l, n and m of the Convention and/or its partners in civil
society, as weil as organisations and entities involved in the transfernce and technology.
Definitions
3. Wherever used in this Basic Framework, unless the context otherwise requires, the following
terms shaUhave the following meanings:
(i) "the Account" means the SRCF Account opened by the Fund for the Global Mechanism;
(ii) "CCD" or "the Convention" means the United Nations Convention to Combat
Desertification in those Countries Experiencing Serious Drought and/or Desertification,
Particularly in Africa;
(iii) "COP" means the Conference of the Parties to the Convention;
(iv) "Global Mechanism" means the Global Mechanism facility established under the
l Convention and housed by IFAD;
./
(v) "IFAD" means the International Fund for Agricultural Development, a specialised
agency of the United Nations based in Rome;
(vi) "MOU" means the Memorandum of Understanding between the COP and IFAD
conceming the housing of the Global Mechanisrn; and
(vii) "SRCF" means the Special Resources for CCD Finance. Mobilisation of Resources
~. The SRCF shall be open to contributions from Parties to the Convention, multilateral
organizations. bitateralganiz.ations..non-govemmental organizatiops the private sector and such
other sourcesas the PresidentofIFADshan appro"·e.
:5. Except as the President of IFAD shaHotherwÎse decide. the SRCF may accept contributions.
subject to the provisionsofparagraph 6 below.that:
{il are freeof limitationson the usethereof: or
(H) indicate that the use of that contribution shall be for given eountries and/or regions
andlor specifie beneficiaries and/or spedtic thematic activlties pro\'idcd tl~)snot
than thlrt}'percen(300/0of lh~ contrihution shan he free ot"limitations on tUS!!
thereof.
Pavmentof Contributions
6. (a) Exceptas the Managing Directorof the Global Mechanism may otherwise decide, on an
.:xceptionalbasis,contributionsto the SRCFshall he paid in freely convertible currencies. If the S8id
contributions arenot paid ina freely convertiblecurrencYamounlS thereor shalbedeposited into
an accountreadilyaccessibleto the Global Mechanism for use in accordance with its mandate.
(b) Contributionsshallbe paid incash or in non-negotiatle non-interest bearing irrevocable
promissorynotes or other similar obligationsthe contributor concemed. payable at par on demand
by the GlobalMechanism.
(cl Contributionsto theSRCF shall be confinneby deposit with IFAD of an Instrumentof
Contributionto the SRCFtsatisfactory to IFAD; and
(d) Each contribution confirmedbl"an Instrument of Contributionto the SRCF deposited
with IFAD for the Global Mechanism shan he paid according to a schedule to be agreed with the
~1anag Dinegtorof the GlobaMechanism, who~ in lUm,shaHsecure the consent of the President
of IFAD therefor.
7. (a) Each instaLmentor part thereof of a contribution shall be recorded in the currency
recei\'cdnd, for accounting purposeshan be translated incoUnited States dollars al the exchange
.rateof the International Monetary Fund (lMF) prevailing on the date of receipt and thereafter at
current IMFratesas required fromlime to time.
(b) For the purposes of paragraph 8 beto""'.the contributions or parts th10be drawn
down shaHhe translatcd into United States dollars at the exchange rate of the IMF prevailing on a
convenjent date immediatelyprecedingthe date of the drawdown.
Orawdownof Contributions
8. The Global~lechan ointhe,authoriz.ationof the PresidentIFAD. shaHdra\..·.down on the
cash. promissorynotes and other similar obligations paid for makingail disbursementsand providing
a reasonableworkingbalance for the SRCF in an orderly manne50 as tom~e uch commitmentsof
th.: SRCF as ma)"have been made,as follows:
2 (i) except for those Instruments of Contribution to the SRCF falling under the provisions of
sub-paragraph (H)below, ail cash, promissory notes and other similar obligations paid to
the SRCF in freely convertible currencies shaHbe drawn down on an approximate IRQ
rata basis in such a manner that such drawdowns over a reasonable period of time shan
be unifonn in percentage as far as possible; and
(H) where a limited Instrument of Contribution to the SRCF is made under the provisions of
sub-paragraph 5 (ii)above, drawdowns on the cash, promissory notes and other similar
obligations paid thereunder shallecanied out as expeditiously as possible.
Uses of the SRCF
9. The SRCF shall he used for the objectives of the Global Mechanism and, in particular, for the
following activities:
(i) financing assistance to govemments and regionaVsub-regionalbodies for the preparation
of national, regional and sub-regional Action Programmes;
(H) financing assistance for the preparation of local area development programmes that
respond to National Action Programmes;
(Hi) providing catalytic finance for National Desertification Funds designed within the
cORtextof National Action Programmes;
(iv) .fmancing initiatives of non-govemmental organizatioRS and community-based
organizations in support of the Convention;
(v) financing critical activities that will influence the direction and magnitude of resources
for the transfer of technology; and
(vi) fmancing innovative approaches in selected areas in order to explore new and additional
sources of funding (strategic initiatives) and to influence poliey (enabling activities) to
the benefit of the Convention.
10. The SRCF shaHbe used solely for financing enabling activities concemed with those specified
in paragraph 9 above and shall not he used to fmanee independently specific investment projects.
Subject to such limitation, the SRCF may he used to cofmance projects, programmes and technical
assistance·with the Parties to the Convention and other entities.
Il. The SRCF shan provide the said fmancing on a grant basis. The President of IFAD, upon the
recommendation of the Managing Director of the Global Mechanism,shall approve ail such provision
of financing for each grant proposai.
12. Th processing of each proposai and the priority given to it shalbe the responsibility of the
Managing Director of the Global Mechanism. In so doing, he shall benefit from the advice of a
Technical Advisory Group (TAG). The TAG, chaired by the Managing Director of the Global
Mechanism, shall consist of: two representativesof the ProgrammeManagement Department (IFAD);
one representative of the Office of Evaluation and Studie(IFAD); two additional Global Mechanism
staffmemhers; one staffmember of the Food and Agriculture Organization of the United Nations
(FAO) Investment Centre and one representative of the Executive Secretariat of the CCD. In
addition, the Managing Director of the Global Mechanism may, at his diseretion, draw upon other
institutionsand experts in the review pracess.
3 13. Priority shabe given to the African country Parties te the Conveninolinewiththe spirit
and the objectivesof the Convention.
14. Eacb grant shall be provided to the selected recunderta specifigrant agreement SueR
agreementsshaHhe concluded by the ManagingDirector of the Global Mechanism with the selected
recipient.
1S. The Global Mechanism shaH not undertake the implementation or SUpervlSlon or
administrationoany ofme approved grants.Insteaditshall use the capadty eXLstinginstitutions,
5uch as FA0 the United Nations Environment Programme (UNEP), the l:nited Nations Office for
Project Sc:rvi(l;~OP aSd)tte Unlted Natjons Development Programme (UNDP). The Global
~fechan sias.however. monitor theimplementation process through4Îl7tf!r ali~ppTopriate
progress.tt:chnicaJand tlnandaJ reports.
~'nnagem ortnetSRCF
16. Exceptas otherwise specified herein, the SRCF shaHbe managed by the f\.1anagingDirectorof
theGlobalrv1ec:hanism.
)7. A separate account shalbe opened and maintained by IFAD for the SRCF. which shall be
5ubjeet to an audit by IFAD's Extemal Auditor and the audit report shaH be submitted tothe
PresidentofIFAD in accordance \VithIFAD'sru(es and procedures. Copies of the said audit reports
shall be providedby [f'ADto the Global Mecbanismand. upon request,contributorto the SRCF.
18. Commitments under paragrapbs 9 above plus a reasonable working balance shaH not exceed
thevalue of cash, promissory notes and other simUarobligations paid into the SRCF.
19. (FADma)'invest funds held in the Account whiçh are not currently required for disbursement.
The incometherefrom shall hecredited to the Account.
20. 11le accounting, disbursement and operation of the Account beacarried out by [FAO on
beha1fof the GlobalMechanism in accordance with the roles and procedures applied by IFAits
own resources. Disbursementsagainst witbdrawalrequests fromeach grantee shall bemade byIFAD
upon the approvaltherefor of the ManagingDirector of theGlobal Mechanism.
21. Anaccountof themobil'zationofresourcesfor the SRCF and the useoflts proceeds shan be
provided throughan annual report that the ManagiDirectoof theGlobal ~techan sisHsubmjt
to the COP. Ali contributors to the SRCF shall receive a Cop)'of the said annual report. Reportson
the use of individualcontributions shalJhembyeagreement with each contributor to the SRCF.
22. (a) Contributions to the SRCF sha1lbe used forthe procurement of goods.services and
consultant services necessary for the Global Mechanism in accordance with the procedures applied
by IFAD,subjectto the requirements laid down in sub-paragraph(b) below.
(b) Without prejudicetosub-paragraphCa) above, the procurement of goods. services and
consultantservicesnecessary for the G10balMechanism shaHbe limited to:
Ci) all tvJemberof IFAD and thoseParties ta the Convention that areM~mbers
ofIFAD: or
4 (ii) in th~ve ofa tird party providing the services for an SRCF-fmanced project
or activity, the Managing Directore Global Mechanism may authorise that
third party to apply its own rules conceming the procurement of services.
ather Arrangements and Tennination
23. Without prejudice to the provisionshe Basic Framework herein, the Global Mechanism
may enter into arrangements, including cofinancing, with the Parties to the Convention and other
entities, that are consistent with the objectivesal Mechanism.
24. The SRCF may be tenninated at any time by agreement in writing between IFAD and the
Global Mechanism upon terms and conditions tocided by IFAD and the Global Mechanism.
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IFAD
INTERNATIONAL
FUNDFOR
DEVElOPMENTL
JJl
21January 2004
Ref:PB/04/~ .
PRESIDENT'S BULLETIN
Distribution: AliStaff
Subject: TheGlobalMechanism
IDtroduetion
1. The Global Mechanism was established as an organ the United NationsCoDvention to
Combat DesertifiŒtion (UNCCD) in t'boseCOwttriesexperiencing serious drougbt and/or
desertification,particularlyin Africa. UNCCDwas one of the direct outcomesBarthSummit
heldin Rio de Janeiro in 1992. In Oetober ]997 the first conferenŒof the Parties to the UNCCD
(COP) seJŒtcdIFAD to house the Global Mechanism. A Memorandumof Understanding(MOU)
between IFAD andthe COP regarding the modalitiesandadministrativeoperations of the Global
Mechanism, including the modaJitiesfor its housing in IFAD, was subsequentlyeoooluThe.
MOU, interalia, sta.tedthat "Whitethe Globa1Mechanismshall havseparateidentitywithinthe
Fund.itshalbean orsaniepartoftheFunddirectIyunderthePresidentoftheFood".
2. President'sBulletin No. PB99/10 of 4 October1999 setsout the proceduresand regulations
reJatingto thetbreeaccountsoftheGlobalMecbanismin liwitbtheMOU. OperationaIexperience
since1997 and consultationwithin theFacilitationCommitteehave le<!me to believe thathe
relationshipoftheGlobalMechanismto IADrequires fur1hereinforcementandclarification.
OvenB Maaaiemellt Straetarefor the Global MecbDilm iDIFAD
3. To strengthenfurtherthe relationship betweenIFADand the Global Mechanism, a Global
Mecbanism Advisory Group is established, chaired by the Assistant President (PMD), with
representatives!rEC, ER, NALO. Fe, ru and PT as wellasthe ManagingDirectorof the Global
Mec.banismor hislbc:rrepresentativeas an observeThe secretariatof the G1oba]Mechanism
Advisory Group shaU be placed in PMD. The Global MechBDismAdvisory Group shall be
responsiblefor all aspects of coJJabobetweenIFAD and the GlobalMecbanismand itchair
shallrepoto andadvise,thePresidentonGMmatters.
ProJeetad Proiramme DevelopmeDt
4. The Global Mechanism and PMD shall designate professional staff10 ensure etfeçtivc
colJaboratjon. They shan meet on a regularblllis 1consider fortbcoming COSOPs/lnception
Memorandaand ongoing projectand programmedevelopmentwork with a view to strengthening
Via dei SeraflCo. 107 • 00142 Rome. ttOly • Tel. +3• FOl(+39-06·504346• [email protected] • Tlx620330 IFAD·I 2
programmaticcollaborationbetweenIFADandGM.TheAssistantPresident(PMD).asthefocalpoint
within IFAD for the GlobalEnvironmentFacUity(GEF), will aIsolead the effectiveengagementof
IFADwiththeOEFandwilloverseethetripartiterelationshipbetweenIFAD,GMandtheOEF.
5. The AssistantPresident(PMD) win also Ileresponsiblefor IFADls engagementwith the
FacilitationCommitteeof the GlobalMcchanismand will,in closoconsultationwiththe Managing
Directorof 1be Global Mechanism, seek toensure that the agreed BusinessP1anCorthe GM is
effectivelyimplemented.
6. The cbairmanshipof theFacilitationCommittee(Fe) rotales amongtbrecfoundingmembers,
namelyIFAD.theUnitedNationsDevelopment Programme (UNDP)andthe WorldBank (WB).The
AssistantPresident(PMD) willreprcsentIFADandwillrequestother IFAD Divisions,as appropriate,
toparticipateinFCmeetings.
COIIIIDUDieatioD
7. A planwill bedevelopedin collaborationwith 1heCommunicationsDivision (EC) andNALO
for commWlicationactivities based on the agreedBusinessPlan. Based on this plan, roles and
responsibilitiesfor implementatioDwill be defined and financialre50urceswhelallocateby the
Global Mechanism and IFAD as appropriate. A staff member of the Global Mechanismwill be
designatcdasa focalpointtoworkwlthECondevelopmentandimplementationoftheplan.
ResourceI MobDtsatioa aad Co-fIDueiq
8. The R.esourΠMobilisationDivision (ER) of IFAD and PMD sha]]c:ollaboratethrougb the
AdvisolYCommitteesa as to maximisethe re!Omce5 raisedfor commonprojectsandprogrammesto
achlevc the UNCCD. A joint IFAD/OMmcdium tenn resourcemobiüzation stratesYand a co
financingstrategywill be deveJopedfor periodicreviewand endorsementby theGlobalMechanism
AdvisoryGroup.
PoIIcyaad ProcnllUllel DoeUleDU
9. Alimajorpolicy and prozrammedocumento sf me GlobalMechanismshallhesubnûtted tothe
IFAD reviewprŒcss before finalisatiinthe samemanne& as'thoseofIFAD.
10. As amatter ofpriDciplandwherethereisanabsence ofa specifieprovisiotothec::ontraru,
specified below, theGlobal MechanismshaIlhe subjeçt to all the provisions of IFAD's Porsonnel
PolicicsManual (PPM) md HumanRe50urcesHandbook (HRH), as theyMay beamended.
Il. Notwiths1andingtheabove,the foDowingvariationstothePPM.1beHRHandIF AD~s rulesand
regulationspertainintohuman resourΠsballapply:
(a) The reeruitmeD tnd appoin1men of the Managing Director of theGlobal Mecbanism
shallbe subjccttotheproŒdurescstablishedby theMOU (namelythat theAdministrator
ofUNDP willnominatecandidatesandthePresidentof IFADwillappointtheManaging
Director). The grade of the postbasbeenestabJishedby the COP. AUother tems and
conditionsforemploymenw t ithIFADshallappJy.
(h) RecnJi1ment and tenns and conditionsforail postin the Global Mechanism,with the
exceptionof thatfor the ManagingDireetorof the GlobalMechanism, shall follow
IFAD's miesandregulations. 3
(c) AU fixed·termcontracts of employmcntfor the Global Mechanism sball be for a
maximumof two yem, renewable,andsubject to theavailabilityof resources.IFAD's
rules and regulationson theprovisionof careercontractsfor fixed-tenD stafshal1not
apply to thestaffof the GlobalMecbanisme,xceptforthosethathavealreadyrccciveda
careercontractasa resu1toftheiearIieremploymenw t ithIFAD.
(d) IFAD9, rulesand regulatlonson thepromotionof incumbentsshaU apply subjecttothe
availabilioffimdingandposition 1evolromtheCOP.
(e) IFAD staffmembers applyiDg forandheiDg appointedto GlobalMechanism postsshall
have therighttoretum 10employmentwithinIFADatthesamegradeasthatwithwhich
theyleavetheGlobalMecbanism,subject to theavailabilityof postsandtheapplication
ofIFADrolesandregulatioosforthefil1ingofsuch posts.
(f) IFADand GlobalMecbanismstaff,withtheexceptionof the ManagingDireçtorof the
GlobalMechanlsm, shallhavetherighttahetrcatcdasin1emalcandidateswhenapplylng
forv~cies in the other entityas wellas regardingmobilityof staffbetweenthe two
entities.
(g) GlobalMecbanismstaffshaJlberecruitedonlyfrom States thatare Membersof IFAD
and/orStatesthathaveratifiedtheUNCCD.
(h) The Global Meehanismand itsstaff shaHIlOtbe subjectto any interimor temporary
managemenm t easuresimposedonrccruitment,postclassificationandpromotionof the
remainderof IFAD staff.However. inspecifiecases,IFAD may,afterconsultationwith
the ManagingDirectoroCthe GlobalMedtanism,opt toapply suclla me8SW'1C 0the
GlobalMechrmism whenIFADdetermines thanot todo 50wouldcompromise itshuman
resourŒ policÎcs.
J'baIDdal Matten
Il. President'sBulletinNo. PB 99/10of 4 October 1999shall continue to apply to dte three
accountsof theG]obal Meehanism.
12. Notwithstandlngthe paragraphabove,the GlobalMechanism shall prepare its annualwork
plansand budgetproposals ina comparable mannertootberunitsinIFADas partofIFAD'sStrategie
Budgetingand ResourceAllocationprocess, 50as toensurecomplimentarily betweentheworkof the
GlobalMcehanismand1batof otherunitBinIFADwithaviewto programmaticcollaborationas
setoutinp.agraph 4 above. , .~
' fl.lhling tllf' /"rrrnt.nr,1t1:«n!LIU!!:
IÙl.lP"Of(Il 1'.1l1\Tt'q d'édl.1P!'t.·f
JJl {tlVt'rr")lO\'l'ltr:\1.l',HI\'f\'It·
13 January 2005
POSITION DESCRIPTI()N
N.-\ l~: 1\frChrist l\~rmmann
TITLE: t\fanagÎng Oirector of the Global l\:fechanism
of the Conve-ntion to Combat Oesertttication
GRADE: 0-2
DEPARTi\IENT: Office of the President
Duties and responsibilities: Under the direction of the President of the International Fund for
Agricultural Development (lFAD), or his designate, the principal responsibility of the Managing
Director of the Global l'vlechanism (Gl\-1) will be to ensure that the GM fulfils the mission entrusted to
it, i.e.,o 'promote the mobiJization of resources to support affected developing country Parties to
împlernent the Convention to Combat Desertification (CCD). Specifically, the incumbent shaH
undertake the following tasks:
1. Lead and manage ail Gl\,t operationsand activities in hne with the functions and provisions of
the l\fOU established bctween IFAD and the Conference ofthe Pq.rtics to the UNCCD on the
operation al moualitics for theGN! as weil as those in the approved GM Business Plans;
.., Provide leadership to staff as weil as good tinancial management in order to uevelop, monitor,
ddiver ami upuate the GL'v 1 usiness Plan, and opcrational strategy. Lead, manage and devclop
a close liaison with appropria te organizational units of the housing institution (lFAD) to
cnsure synerb'Y wlth its operations;
J. Devdop and majnta," productIve partnerships with key stakeholdcrs. including devcJoping
and Jcvdopcd country P3rties. bdatcraf and rnulttlatcral orguOIzutions, private scctor, NGO
anJ othcr rclt:vant panner'), fo cnsure {hat the (J~- ir n:sponslvc tu cmerging m:cds and
npportunitlcs;
~_ .\rohduc tin.H rCS~"H 1n.:') supfwrt f:;-.;('CD implcmenti.lflOn in ~oHahora tVltitocn
)iltl>r. "lF;I.nlrJiCll('limm!Îk'c" hy:
',- Hl - 3:':
.\ "!.J " • :i• ..~ jl • ! ;. • t:lcilitatithe suhstantive inputsand support of UNDP. \Vnrld I3~H andk IFAD to CJ~vf
activiticsas wdl as othcr rdevant agcncics. in particldarFAO. \VFP, (;EF. UNEP. n:glOnaf
dcvdopment banks. and rdevant r~gion aadl suh-rcgiollalorgani/ations. tàllowmg the
CollahorutÎve Institutional Arrangcmcnt ~lllop by cdCD COP-I and the llloJaItticl}f
coopcratilm agrced bythe FaciiitatinCommittcc;
• broadcning the tllflding basis for CCD implementation including privatc scctor and varions
founuations, and rnaking proposais on how future nceds for impkmcntation nf the ('CDmlght
~) mCet; .
• ensuring dcvelopmcnt of a knowledge and communication strategy and infonnationsystem,
centrcd on rcsource mobilization for the eCD. including a tinancialinttJnnation tr~lckillg
system;
advocate and liaise \Viththedcveloprnent agencies of Jeveloped country Parties, the OECD
and the European Commission to facilitate action taken under Article 6 of the Convention; and
to support country level partncrships and action programmes, and maintain an effective
working relationship \ViththePcnnancnt Secretariat of the CCD to contribute to the successful
implementation of the CCD.VI. IFAD PERSONNEL POLICIESINTERNATIONAL
AGRICULTURAL Distr. IFAD
DEVELOPMENT RESTRICTED
EB 88/33/R.19
Il 31 March 1988
ENGLISH
JJl ORIGINAL:ENGLISH
Executive Board
Thirty-Third Session
Rome, 26-28 April 1988
Agenda Item 9
PERSONNEM LATTERS
1. This document contains four personnel matters, vhlch are
submitted to the Executive Board for its attention. as indicated in the
respective sections be1ow: Financial Assistance to IFAD Staff Members
Facing Hardship Circumstances, Career Development. Administrative Tribunal
and the Cooperation Agreement vith the IFAD Staff Association.
1. Financial Assistance to IrAD Staff Members
Facing Hardship Circumstances
2. IFAD staff members have been facing increasing financial
constraints because of the slow movement on a number of personnel issues
vi thin the United Nations Common System. For example, Post Adjustment
(other than for exchange rate adjustments) has been frozen since December
1984 despite substantial annual increases in inflation in Rome.
3. A constraint of particu1ar concern to Many IrAD staff members is
that of educational costs.
4. At present, the United Nations (UN) education grant system
provides for the reimbursement of 751 of allowabIe costs not exceeding
US$ 6 000; i.e. relmbursement leveis not to exceed US$ 4 500. This level
has not changed sinced 1983 and bas become increasingly inadequate in
meeting educational costa incurred by a growing number of IFAD staff.
This is due to two factors: (a) fees in Many educationaI institutions
have been rislng rapidly, in l ine wi th typical cost esc:alation; and (b)
although the 1evel of al10wab1e reimbursement has remained constant in
US Dollar terms, the amount reimbursable in local currencies (e.g.
Italian Lire) has decreased as a resuit of the weakening US Dollar.
s. On the firet point, the Consultative Committee on Administrative
Questions (CCAQ), the body representing 15 organizations of the United
Nations Common System, has estimated that tuition fees have increased in
Rome by 85X in local currency terms since 1983 when the education grant
vas 1ast adjusted. This Is substantially higher than Increases incurred
in New York, London, V1enna and Geneva. On the second point, the - 2 -
weakening us Dollar/ltalian Lire exchange rate has meant that the maximum
reimbursement of educational costs in Italian Lire has declined from
Italian Lire 8.9 million per child in the academic year 1985/86 to Italian
Lire 6.3 million in the Academie year 1987/88, compared with fees which
are now, in some cases, as high as Italian Lire 13.3 million.
6. The impact of this situation is particularly severe for staff
members whose children attend English language schools in Rome, none of
which are subsidized. While the cost of attendance at German, Italian and
French language schoo1s ln Rome are subsldized and have remained Iargely
wi thin the level of reimbursable costs, only three primary schools among
the 14 English language schools (with a total of 20 primary and secondary
sections) have costs which do not exceed the maximum reimbursab1e amount.
7. As a consequence of this. several IFAD employees face heavy
education costs which are not reimbursed and are financed out of their
pockets. There are at present at least seven employees who spend more
than 15% of their total earnings (net base sa1ary, post adjustment and
a11owances, Iess compulsory deductions) on out of pocket educationa!
costs. For one emp1oyee, this figure reaches approximate1y US$ 18 300,
which is 37% of the staff members' total earnings. In contrast,
according to the statistics produced by the International Civil Service
Commission (ICSC) p1ace-to-place survey conducted in 1983, it was
estimated that, on average, staff members were at that time expending only
2.7" of their UN earnings for education costs Aboye and beyond the
expenditures covered by the education grant.
8. Recognizing the increasing difference between educational costs
and a110wable reimbursements, the CCAQ strongly recommended to the ICSC
that allowable educational expenses be increased from US$ 6 000 to
US$ 8 000, permitting actual reimbursement of up to US$ 6 000 (75%) of
these expenses. The ICSC considered this matter at its July 1987 session
but decided not to recommend an increase in the grant at that time.
reporting that:
"Based on the statistics provided, the Commission considered that
there would be justification for a revision of the level of the
grants...... Because of the financial difficulties facing the
Uni ted Nations system, however, most members of the Commission
preferred to defer a recommendation on the overall level of the
grant until 1988..... Severa1 members of the Commission called
for this issue to be given priority consideration at its next
review. "
9. The lack of action on this matter leaves IrAD staff facing
continuing heavy educational costs in the current academic year. This has
already led one professional staff member to decide to resign from IFAD.
It is estimated that the typica1 costs for replacing an employee is at
least US$ 40 000 for travel, transportation and other payments, quite
apart from the 10ss of experience whi ch an employee has gained wi th the
Fund. While this ia the only specifie case of an employee departing over
high educationa1 costs, a number of others who left have cited educational
costs as a factor.
10. I·t should be noted that other International Financia1
Institutions (IFls). with which IFAD competes for some of its key
professional staff, provide greater support for educational costa than Is - 3 -
possible for IFAD. The World Bank, for example, uses a formula similar to
the UN but adjusts its base amounts by movements in the UN Post
Adjustment. This allows the World Bank to reimburse 7SX of US$ 7 416 in
allowable expenses in Rome compared to IFAD's maximumof 75% of US$ 6 000.
Il. Thus certain IFAD employees face two disparities: one in the
costs associated with children attending non-subsidized schoois (largely a
language factor) as compared to subsidized schools and the other between
what IFAD can offer ita employees compared to the support provided by
other IFls.
12. It is in the light of these ci rcumstances that the President
proposes to provide financial assistance to those facing partieular
hardship caused by these edueationai costs, based on Section 6.1 of IFAD's
Personnel Polieies Manual (PPM), which reads:
"6.1. Fipaneial Assistance
6.1.1. The Fund recognizes that i t May be necessary to make
arrangements to provide financial assistance to staff members for
certain specified purposes when their reasonable needs cannot be
met through normal sources of financing.
6.1.2. With this in mind, the President May propose the
introduction of such arrangements."
13. To date, this section of the PPMhas been used only for providing
emergency hardship loans. In this instance, the President proposes to use
his discretionary authority under this section, if there is no objection
by the Executive Board, to extend for the current school year (1987/88) a
1imited number of emergency hardship grants to those staff members
carrying the highest finaneial burdena for educational purposes. 1t Is
estimated that on the basis of the present exchange rate such grants
related to the 1987/88 school year would amount to US$ 30 000, which is
conslderably less than the cost of replacing an employee, as Indicated in
paragraph 9 above.
14. It is requested, in accordance with Section 6.1.2. of the PPMset
out in paragraph 12 above, that the Executive Board note the President' s
intention to grant this special relief in extreme hardship situations, as
set out in paragraph 13 above.
II. Career Development
15. Alter a decade of operation, the Fund has begun to experience
instances of several of i ta present staff members reaching the top of
their grade but having extremely limited opportunities for movement into
the next grade, due to the relatively smal!" nmnber of staff positions,
especlally in the senior grades, in the approved Budget. IFAD's
competitive position vis À vis the other IFIs, particular1y with respect
to the professional categories, gives cause for concerne The salary
scales and grading structure of several other IFIs are shown in the
Annex. It will be seen that, particularly' in the senior professional
ranks, the opportunities for advancement are better in the World Bank and
the three regional development banks than in IFAD. Since the IFIs are
most similar to the Fund in attracting the professional talents requi red
by IFAD, these dissimilari ties in treatment can be detrimental to IFAD's
interest. - 4 -
16. The President therefore proposes to enhance career prospects by
establishing, on a very restricted basis, a P-6 grade similar to that
which Is used by the World Health Organizatlon (WHO)and. as will be seen
from the Annex, by the African Development Bank (AfDB).
17. WHOuses the P-6 grade specifical1y for a number of highly
qualified and well-experienced staff members who do not necessarily have
the "directoral" duties normally assigned to a Director of a Division or
Unit at the D-I level, but who receive emoluments precisely equa1 to that
of a staff member at the D-I level. Similar1y, IFAD would propose using
the P-6 grade for some long standing staff members vith a high degree of
specialization who are currently unable to move to the Director level
because of the very limited number of such positions. The President would
intend to use this provision on a carefully restricted basis and to ensure
that, at the maximum, only a few such appointments to the P-6 levei would
occur at any one time. If the Executive Board approves the establishment
of the P-6 grade, the Fund would be able to retain valuable and
experienced staff members who might otherwlse leave the organisation or
retire earlier than expected, given what they perce ive as a limited
structure for eareer advancement prospects as compared to other IFIs.
Promotion of an employee to the P-6 level would in no way preelude that
employee from applying for a normal D-l position whlch mlght become open
for competition.
18. The Executive Board ls therefore invited to approve the
establishment of the P-6 grade of staff. position, with emoluments
precisely equal to that of the D-l grade.
III. Administrative Tribunal
19. The provisions of the IFAD Personnel Polieies Manual (PPM) do not
provide for IFAD belonging to an Administrative Tribunal. This Is
unusual, as aIl other United Nations CODUDo nystem organisations and the
World Bank do have such a tribunal to objectively arbitrate and rule upon
disputes which, from time to time, may arise between staff members and the
administration.
20. The PPMprovides, at the moment, for urepresentation" provisions,
the text of which ia as follows:
"4.10.2. Representation
Ca) The President shall institute and maintain a simple
procedure whereby the views of employees, individua11y or
cOllectively, May be represented to hlm on Any matter arising
from or in connectlon with the conditions and terms of their
employment.
Such representation shall be subject to the understanding that
the President will retain, under the provisions governing his
constitutional responsibllity as expressed in the Agreement and
in these polleies, the right of final determination of matters
within his authority. - 5 -
(b) Should a matter affecting an individual employee not be
resolved as a result of representation under this procedure, the
employee or the President may refer the matter for final
determination to a three member tribunal comprisill8 one member
nominated by the employee, one member nominated by the President
and an independent Chairman agreed between the two parties. The
dec!sion of the Tribunal shall be bindina on the parties."
21. Sub-paragraph (a) of Section 4.10.2. of the PPM has, over the
years, been the vehicle by which consultations have been held with staff
representatives, originally through the medium of a Staff Consultative
Committee and now through the conclusion of a Cooperation Agreement
between IFAD and the IFAD Staff Association. Sub-paragraph (b) has never
been used to date. The President and the IFAD Staff Association have,
from time to time, discussed the possibility of IFAD's adherence to an
appropriate Administrative Tribunal. The concept of an internaI
tribunal, as provided in the PPM, May not be equitable as far as a staff
member is concerned because, i.ntll alla, of the difficulties which an
individual staff member could face in engaging any knowledgeable or
prominent person to represent her/him in Buch an interna! tribunal.
Furthermore, an interna! tribunal in a small organisation like IFAD wou!d
lack previous case law, procedure, precedent, etc. Thus consideration has
been glven to IFAD', participation in an external tribunal.
22. The existing Administrative Tribunals which IFAD could consider
joining are: (i) the International Labour Organisation Administrative
Tribunal (ILOAT); (ii) the United Nations Administrative Tribunal
(UNAT); and (:lii) the World Bank Administrative Tribunal (WBAT). The
various provisions of each of these have been reviewed by the Legal
Services Division and the Personnel Services Division. Based on this
review, it ia the intention of the President to arrange for IFAD to join
the WBAT if the Executive Board approves the enabling provisions. It is
felt that the WBATwould be the most appropriate tribunal, since IFAD has
close associations and working relationships with the other IFls, and the
occupational grouplngs of IFAD staff members are similar. The
administrative procedures for the various tribunals are very similar and
rely more on written presentations, with little use of oral procedures.
23. The Executive Board i8 invited to approve the amendment of the
PPM, to enable the Fund to join an Administrative Tribunal when detailed
provisions have been worked out with the appropriate authorities
concerned, by deleting sub-paragraph (b) of Section 4.10.2. of the PPM,
set out in paragraph 20 above, and by replacing it with the following
sub-paragraph:
It(b) Should a matter affecting an individua1 emp10yee not be
resolved as a result of representation under this procedure, the
employee or the President may refer the matter for final
determination to an Administrative Tribunal, membership in which
shall be arranged by the Fund."
IV. Cooperation Agreement with the IFAD Staff Association
24. At its Twenty-Eighth Session in September 1986, the Executive
Board discussed a draft Cooperation Agreement between IFAD and the IFAD
Staff Association. After some discussion, i t was generally agreed that - 6 -
the President eould proeeed with the conclusion ·of such an Agreement with
the IFAD Staff Association on the understanding that, as stated in the
Minutes of the Twenty-Eighth Session of the Executive Board:
"the President would ensure that the Cooperation Agreement was in
conformity with the Personnel Polieies Manual and aIl applicable
United Nations reaulations and that no additional financial
implications for the Fund were entailed thereby.tI
Subsequently, after the President had satisfied himself that those
conditions had been met, the Cooperation Agreement was accordlngly
concluded on 21 September 1987. Copies of the Cooperation Agreement
between IrAD and the IFAD Staff Association will be made available, upon
request, at the documents desk to the members of the Board during its
Thirty-Third Session. - 7 -
ANNEX
SALARY SCALESANDGRADING STRUCTURE
OF OTHERINTERNATIONAF LINANCIALINSTITUTIONS
A. Afriean Development Bank
Sa1aa Sea1es
CConyerted to US$ at exchange rate as of 9 September 1987:
CFAF 299.95 = US$ 1.0Q)
Minimum Maximum
~
D-2 96 161 lQ4 104
D-1 85 015 92 352
P-S 75 396 90 370
P-6 76 480 81 944
P-5 66 822 75 814
P-4 57 055 64 064
P-3 47 282 54 299
P-2 39 866 45 320
P-l 32 050 35 166
Sub-Professional Category
S-3 41 417 47 533
8-2 32 713 38 774
S-1 25 188 31 250
General Service
G-6 25 474 29 059
G-5 21 488 25 076
G-4 17 242 20 350
G-3 13 397 16 266
G-2 8 622 Il 011
G-1 7 291 9 204 - 8 -
A-2
B. World Bank/International Finance Corporation (IFC)
SAla~ Structure
Effective 1 Ma~ 1~8Z
(in US$)
UN Rough Extended
Equivalent Minimum Median Maximum Maximum
~
29 VP 81 250 92 460 103 670
28 AP 73 690 85 425 97 160
27 D-2 67 440 79 180 90 920
26 D-1 61 440 73 355 85 270
25 P-5 56 930 68 310 79 690
24 P-4 52 640 63 255 73 870
23 P-3 42 780 54 295 65 810 71 790 .lI
22 P-2 36 980 45 120 53 260
21 P-1 29 330 36 980 44 630
20 P-l 29 330 36 980 44 630
19 26 200 31 440 36 680
18 25 350 30 185 35 020
17 24 070 28 500 32 930 34 880 Z/
16 20 970 25 040 29 110 31 010 Z/
15 18 540 22 160 25 780 27 360 Z/
24 080 ~I
14 16 100 19 340 22 580
13 15 020 17 580 20 140 21 770 Z./
12 13 720 16 525 19 330 20 140 1:/
Il 13 720 15 315 16 910 17 710 '1:.1
II The extended maximum of the salary range for Grade 23 app1ies only to
Technical Specialists who, prior to 30 September 1985, were assigned
to positions graded L(T). It does not apply to new entrants to Grade
23 after that date.
Z./ The extended maximum for Grades Il to 17 (including the equivalent
grades in the former grade structure) is applied only to staff who
meet the following three conditions:
(a) have at least 15 years of continuous service with the Bank and
IFe;
(b) have an entry on dut Y date on or before 30 May 1975; and
(c) have not been promoted ainee 30 May 1975. - 9 -
A-3
World Bank
Compensation Statistics 11
31 March 1985
Grade No. of Staff
28 ZI 24
27 52
26 78
25 336
24 1 124
23 279
22 786
21 320
20 77
II Comprises Regular, Flxed Term, and Part-tlme regular staff,
Bank and International Finance Corporation.
~I Excluding the Senior Vice-Presidents (2). - 10 -
A-4
c. Inter-American Deve10pment Bank
Sa1aa Sca1es
Effective 1 August 1287
(in US$)
Grade Minimum Median Maximum
l 67 656 75 114 82 572
II 59 640 69 480 79 320
III 52 296 63 930 75 564
IV 45 612 56 214 66 816
V 40 020 49 404 58 788
VI 35 076 43 320 51 564
VII 31 188 38 568 45 948
VIII 27 744 34 194 40 644
IX 24 696 30 462 36 228
X 21 420 26 358 31 296
XI 19 176 23 508 27 840
XII 17 040 20 850 24 660
XIII 15 120 18 654 22 188
16 428 19 452
XIV 13 404
XV 12 072 14 820 17 568 - Il -
A-5
D. Asian Deve10pment Bank
Professional Staff Sa1arv Scales
(Effective 1 August 1987)
S A L A R Y
US$ per annum
Illustrative Positions Level Minimum Maximum
Director or Equivalent 10 79 325 86 125*
Deputy Director, Office Chief 9 75 165 82 665*
or Equivalent
( 8 65 065 79 325
Assistant Director, Manager (
or Equivalent ( 7 60 735 74 055
Senior Specialist/Officer and ( 6 52 000 69 285
Section Head or Eqivalent (
( 5 48 770 65 010
( 4 45 925 61 225
Specialist/Officer and Unit Head (
or Equivalent ( 42 315 56 430
3
(
( 2 37 190 52 055
Young/Junior Professionals 1 27 580 45 250
* Subject to applicable cel1ing currently US$ 82 600. - 12 -
A-6
E. UNSalarI & Post Ad1ustment (at 41 points,
whicb is actua1 Washington Post Adiustment)
SALAiY
US$ per annum
Minimum Maximum
VP 89 044 100 250
AP 72 105 79 226
D-2 60 699 70 318
D-1 54 053 65 982
P-5 49 220 62 220
P-4 41 201 55 850
P-3 34 694 48 864
P-2 28 953 39 630
P-1 23 078 31 945Distribution:Restricted EB 2004/82/R.28/Rev.1 9 September 2004
Original: English Agenda Item 13 English
,
JJl
IFAD
INTERNATIONAL FUND FOR AGRICUL TURAL DEVELOPMENT
Executive Board - Eighty-Second Session
Rome, 8-9 September 2004
Hu MAN RESOURCES POLICY
1. Pursuant to Article 6, Section 8{d), of the Agreement Establishing IFAD, the President heads
and organizes the staff in accordance with regulations adopted by the Executive Board. The Executive
Board at its Third Session in 1978 approved the Personnel Policies Manual (PPM). It subsequently
amended the PPM at its Ninth, Tenth, Seventeenth, Thirty-Third, Thirty-Fifth and Forty-Second
Sessions.he PPM embodies the fundamental general conditions and terms of employment with the
Fund as weIl as the Fund's and employees' respective duties and obligations. The conditions and
definitions relating to eligibility to benefits were developed in accordance with the rules set forth in
the PPM. In 2000, the rules and procedures on human resources issues were compiled and
consolidated in the Human Resources Handbook (HRH).
2. On 27 September 2001, the President establishedan internaI review committee for
modernizing human resources policyand procedures. The objective of the review was to propose a
modem, clear and transparent setf rules, policies and procedures that supported the Fund's overall
objectives. The committee had the mandate to review four distinct areas of human resources policy
and procedures: recruitment; career development; performance evaluation; and recourse and appeals.
It concluded that modernizing human resources practices is supported by three pillars: (a) adynamie
and strategie human resources function; (b) the quality of managers and their leadership capacity; and
(c) modem policies and procedures. Following the committee's recommendations,the President
approved an action plan. One of the actions specified in this plan was the redrafting/rewriting of the
PPM and the HRH. The committee recommended that the PPM be transformed from a regulatory
document into a general statement of princip les to guide human resources management.
Due to resource constraints and environmental concerns, IFAD documents are produced in limited quantities.
Delegates are kindly requested to bring their documents to meetingsor additional copies. 1
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
3. The attached draft Human Resources Policy (HRP), which is being submitted to the
Executive Board for approval, is the result of a team effort and is meant to replace the current
PPM. A draft of the HRP was circulated to aIl staff for review and discussion. The attached
HRP reflects these discussions. In addition it:
(a) provides guiding principles, focusing on policies, rights and obligations, for the
human resources management processes under which the President will manage
IFAD staff;
(b) places the responsibility for policy decisions on the Executive Board and for
human resources management procedures on the President;
(c) introduces required new policies in areas of career development, alternative work
arrangements, personal conduct, harassment, grievance, discipline and separation;
(d) aIlows for scope to amend and adapt procedures to any changes that arise;
(e) is brief and provides easy tracking and amendment of policy statements; and
(f) bears a different title, which reflects a more contemporary reference to human
resources.
Recommendation
4. The Executive Board is invited to consider and approve the Human Resources Policy
(HRP) attached hereto and to authorize the President to amend the procedures accordingly.
The HRP shall enter into force as soon as the President has approved the supporting
procedures. The Personnel Policies Manual (PPM) shall be repealed.
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INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
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INTERNATIONAL FU ND FOR AGRICULTURAL DEVELOPMENT
T ABLE OF CONTENTS
Page
DEFINITIONS •••••••••••••••••••
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Mandate ........................................................................
.....................................1..........................
Obligations of the Fund ........................................................................
.....................1..................
Obligations of Staff ........................................................................
........................1.....................
Oath or Declaration ........................................................................
.........................1....................
Duties of Staff........................................................................
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Transferability and Travel ........................................................................
..................2.................
Representation ........................................................................
..............................2.......................
Recruitment and Appointments ........................................................................
................2...........
Remuneration ........................................................................
................................3.......................
Hours ofWork, Official Holidays and Leave........................................................................
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Performance Evaluation System........................................................................
................3..........
Career Development ........................................................................
..........................4..................
Alternative Work Arrangements ........................................................................
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Personal Conduct ........................................................................
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Harassment and Discrimination ........................................................................
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Grievance Resolution ........................................................................
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Separation ........................................................................
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INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
DEFINITIONS
Agreement The Agreement Establishing IFAD
Consultant An individual holding a contract to provide services to IFAD
FundorIFAD The International Fund for Agricultural Development
Goveming Council The Goveming Council of the Fund
Executive Board The Executive Board of the Fund
President The President of the Fund
Staff Member or A person or persons holding a regular, career, fixed-term, temporary
Staff or indefinite contract with the Fund
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INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
INTERNATIONAL FUND FOR AGRICUL TURAL DE'vELOPMENT (IF AD)
HUMAN RESOURCES POLICY
INTRODUCTION
IFAD's mission is "to enable the rural poor to overcome their poverty".
IFAD concentrates its investments, research and knowledge management efforts, policy dialogue and
advocacy on the attainment of three strategic objectives: strengthening the capacity of the rural poor
and their organizations; improving equitable access to productive natural resources and technology;
and increasing access to financial services and markets.
It draws on the creative energy and talentsof its people to generate success in achieving its mission
and objectives.
The IFAD headquarters seat is located in Rome, Italy, but it undertakes field activities in various
countries in collaboration with partners, govemments, non-govemmental organizations and other
United Nations organizations.
A Goveming Council and an Executive Board, consisting of representatives from Member States,
provide policy direction to the Fund. A President servesas the chief executive officer and reports to
the Executive Board and the Goveming Council.
In accordance with the Agreement, the Headquarters Agreement and other conventions, IFAD enjoys
such privileges and immunities as may be necessary for the exercise of its functions and fulfillment of
its purpose. Those privileges and immunities granted to staff and consultants under Article 10 of the
Agreement or under the Headquarters Agreement or under the Convention on Privileges and
Immunities of the Specialized Agencies of the United Nations, 1947, are provided to them to facilitate
the carrying outof their work. They shall not fumish an excuse to the staff or consultants who enjoy
them to use them for the non-performance of their private obligations or failure to observe laws and
police regulations.
PURPOSE OF THE POLICY
IFAD exists in a rapidly changing political, economic, social and technological environment. It needs
to adapt to diverse and changing requirements by continuously developing organizational capability,
improving performance by empowering staff, stimulating their creativity, rewarding risks and
innovation and investing in continuous improvement through knowledge sharing and training.
The Human Resources Policy provides guiding principles of the various human resources
management processes, in accordance with which the President shall manage the employees of IFAD.
The policy is part of its framework to transform IFAD into a 21 stcentury organization - an
organization in which the principles of openness, transparency and accountability are imbedded in the
culture of IFAD and where performance is driven by values.
The new Human Resources Policy also reflects an evolution in IFAD's human resources management
system, which is based on competencies and values. It recognizes people as IFAD's most important
knowledge resource and acknowledges the link between good human resources management and
delivery of programme results. The new policy will: strengthen the performance management
v 1
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
framework focusing on accountability, simplify processes and enable the human resources
management system to be a service function in transforming IFAD into a continuously leaming
organization.
The Human Resources Policy sets out the conditions of service and the basic rights, duties and
obligationsof aIl staff and consultants of IFAD.It is designed to be fair to aIl those concemed and
create the foundation of support that will enable staff and consultants to take a sincere interest and
pride in IFAD and effectively achieve objectives, while responding to the needs of the rural poor.
COMMITMENT TO STAFF
IFAD recognizes staff as its most valuable asset and is committed to establishing a productive and
creative work environment to achieve the objectives of the Fund, ensure staff well-being and a respect
for the work/life balance.
Itis the aim of the Executive Board and management to attract and retain staff of the highest quality
by: establishing conditions of employment that are fully competitive within the respective labour
markets from which IFAD draws its staff, providing a work environment that is intellectually
stimulating and professionally rewarding, offering a safe and weIl equipped work environment and
most importantly providing opportunity for staff participation in matters that affect them and their
work.
ApPLICATION
This policy applies to aIl staff appointed by the President to perform services for IFAD and to
consultants.
CHANGES
The Executive Board shaIl approve changes to the Human Resources Policy, as deemed necessary. In
proposing changes to the Human Resources Policy, the President shaIl consult with relevant staff and
give due consideration to their comments and advice. Changes approved by the Executive Board will
be reported promptly to staff and the Human Resources Policy updated.
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INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
GENERAL PROVISIONS
1. Mandate
1.1 In accordance with Article 6, Section 8(d), of the Agreement Establishing IFAD, the
President shaHhead the staff and, under the control and direction of the Governing Council and the
Executive Board, shall be responsible for conducting the business of the Fund. The President shaH
organize the staff and consultants and shaHappoint and dismiss staff and consultants in compliance
with this policy,as adopted by the Executive Board.
1.2 The President shall ensure the observance of this policy and shaH develop, provide and
maintain such programmes, rules and procedures consistent with this policy as shelhe considers
necessary for the efficient and effective conductofIFAD's business.
1.3 Any matter of human resources management not specifically treated in this policy will be
decided by the President in the light of practices, rules and procedures adopted in the United Nations
Common System as well as other similar financial institutions.
1.4 The President may delegate aH or part of these responsibilities and authorities accorded to
him in this policy unless expressly stated otherwise.
2. Obligations of the Fund
2.1 The Fund shall at all times act with impartiality in its relationship with staff and consultants
and shall make adequate financial provision to meet the terms of their employment.
2.2 The application ofthis policy to staff and consultants shall be made without discrimination as
to ethnic, social or political background, colour, nationality, religion, age, sex, disability, marital
status, family sizeor sexual orientation.
3. Obligations of Staff
3.1 The status of staff for the duration of their employment with the Fund is that of international
civil servants. Their responsibilities are exc1usivelyinternational and, by accepting appointment, they
pledge themselves to discharge their functions and regulate their conduct solely with the interest and
objectives of the Fund inview.
4. Oath or Declaration
4.1 In accepting IFAD's appointment, staff members signify their intention to abide by IFAD's
Human Resources Policy and procedures and accept the responsibilities set forth. Each staff member
shaHsubscribe to the following oath or declaration:
"1solemnly undertake:
That, to the best of my ability, 1 will at ail times discharge my duties with ejJiciency, diligence
andfideUty and work honestly and conscientiously for IFAD.
That 1 have read and understood the Human Resources PoUcy and Human Resources PoUcy
and Procedures Manual of the Fund and agree to abide by their provisions and any additions
or alterations to them that may be adopted [rom time to time. 1
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
That 1 will accept no instructions in regard to the performance of my duties /rom any
government or authority external to the Fund nor will 1provide or permit to be provided any
confidential information to such governments or authorities nor will 1 request such
governments or authorities to take actions on my behalf. "
5. Duties of Staff
5.1 Staff are subject to the authority of the President and to assignment to any of the activities of
the Fund.
5.2 Staff shall comply fully with the requirement ofthis policy, the provisions oftheir contract of
employment and suçh procedures, rules and orders as the President may promulgate.
6. Transferability and Travet
6.1 Staff are subject to transfer away from the location of their initial appointment to the Fund
and to official traveln behalf of the Fund to any part of the world at any time.
7. Representation
7.1 The President shall develop and maintain mechanisms of representation whereby she/he may
be apprised of staff ideas and suggestions about the views of employees, individually or collectively,
on any matter arising from or in connection with the conditions and terms of their employment.
7.2 Such representation shall be subject to the understanding that the President will retain, under
the provisions governing his responsibility as expressed in the Agreement and in this policy, the right
of final determination of matters within his authority.
8. Recruitment and Appointments
8.1 Paramount in the appointment of staff, consideration shaH be given to the necessity of
securing the highest levels of competence, technical ability and integrityl available, and to do so by
ensuring competition among candidates. The recruitment of professional staff will result in the
selection of the individual judged to be the best person for the position, taking into account the criteria
of equitable geographical distribution and gender balance. IFAD believes that such diversity
contributes to its intellectual strength and effectiveness. The President's appointment decisions shall
be final.
8.2 IFAD recruits staff and consultants only from Member States.
8.3 Recruitment and appointment procedures shall be developed that are transparent and
consistent so as to ensure that applicants have an equal opportunity to fillb openings.
8.4 Recruitment and appointment at IFAD shall be conducted in accordance with the Agreement
and procedures based upon open competition, merit, and respect for the following elements:
(a) adequate publicity - vacancies publicized to provide potential candidates with every
reasonable opportunity to apply;
1 Article6, Section 8(e), of the AgreementEstablishingIFAD.
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INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
(b) absence of discrimination - selections for interview made impartially through a process
that neither discriminates nor unduly favours candidates on the basis of ethnic, social or
political background, colour, nationality, religion, age, sex, disability, marital status,
family size or sexual orientation; and
(c) highest standards - candidates assessed on the basis of the highest standards of
competence, integrity, and appropriate experience to carry out IFAD's objectives.
9. Remuneration
9.1 The objective ofIFAD's salary programme is to attract, retain, motivate and reward the best
possible workforce in ways that are cost effective, bearing in mind IFAD's responsibility to
Member States. To meet this objective, IFAD uses a salary programme that:
(a) pays each staffmember a salary;
(b) rewards an individual's performance with performance-based increases; and
(c) is clear and easy to administer.
9.2 A benefits programme that will support IFAD in the goal to attract and retain the best
qualified and experienced people shall be developed.
9.3 The salary and benefit levels shall follow the methodology followed by the United Nations
Common System, as applied to various duty stations.
9.4 Staff shall become participants in the United Nations Joint Staff Pension Fund (UNJSPF) in
accordance with the rules and regulations of the UNJPSF, unless excluded by the terms of their
contract or by the mIes and regulations of the UNJSPF. Claims from staff alleging non-observance of
the rules and regulations of the UNJPSF shaH be considered by the United Nations Administrative
Tribunal (UNAT) under the procedures prescribed in the Administrative Rules of the UNJSPF.
10. Hours ofWork, Official Holidays and Leave
10.1 Staff and consultants shall devote aH time and energy during office hours to fulfilling the
requirements of their appointment. To this end, rules and procedures regarding working hours,
overtime, official holidays and leave (vacation, compensatory, sick, matemity and patemity) shall be
established.
Il. Performance Evaluation System
Il.1 A Performance Evaluation System (PES) shall be established as one of the management
systems for planning, developing and evaluating staff performance. The purpose of the PES will be to
establish a culture in which managers, individuals and groups take responsibility for continuous
improvement. Through performance management, IFAD will seek to:
(a) provide greater clarityof job/role requirements to holders;
(b) encourage dialogue through self-evaluation and by offering regular feedback to
individuals for their encouragement, improvement and personal recognition;
(c) identify competency-development needs;
3 1
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
(d) establish a proper basis for making promotion and performance-based salary increase
decisions;
(e) strengthen managerial capabilities;
(t) continuously improve the working culture of IFAD; and
(g) ensure that supervisors are accountable for their decisions.
12. Career Development
12.1 Procedures shall be developed to provide staff with opportunities for professional growth and
advancement as driven by the business needs of IFAD and contributing to the achievement of IFAD's
strategic objectives. These procedures will encourage staff to use their abilities to the fullest and to
grow in their jobs and careers through the use of their own initiative.
13. Alternative Work Arrangements
13.1 Alternative work arrangements are to allow IFAD to develop a strong, flexible, more viable
workforce and a workplace with productive and committed staff. These work options will help meet
staff needs and promote staff commitment by helping them balance work and family responsibilities.
At the same time, they will foster better staffing levels to meet IFAD objectives. Such alternative
work arrangements may include, but are not limited to: flexitime, teleworking and part-time
schedules.
13.2 Appropriate rules and procedures concerning these alternative work arrangements shaH be
developed.
14. Personal Conduct
14.1 A Code of Conduct shall be established that will regulate the conduct of staff and consultants,
aligning it with the interests ofIFAD.
15. Harassment and Discrimination
15.1 IFAD will not tolerate any form of harassment, within the workplace or associated with the
work performed on behalf of the organization at headquarters or in the field. No staff or consultants
shall be harassed or intimidated, nor discriminated against because of ethnic, social or political
background, colour, nationality, religion, age, sex, disability, marital status, family size or sexual
orientation. No staff or consultants shall be subject to any abuse of power due to a
supervisor/supervisee relationship. Procedures to counter harassment and discrimination shall be
developed.
16. Grievance Resolution
16.1 It is of primary concern to IFAD that aH staff and consultants should be treated fairly and
equitably. Occasions may arise when staff or consultants feel that they have not received treatment or
obtained the satisfaction expected either from IFAD, their supervisor or a colleague. In such
situations, it is important that staff or consultants have the opportunity to voice their dissatisfaction
and to seek redress. Grievance and disciplinary proceduresshaHbe developed.
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INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
16.2 Should a matter affecting an individual not be resolved as a result of representation under this
procedure, staff or consultants may refer the matter for final determination to the International Labour
Organization Administrative Tribunal (ILOAT).
17. Separation
17.1 Itis the policy of IFAD to ensure that aIl staff and consultants leaving IFAD, whether
voluntarily or involuntarily feel that they were treated with respect, equity and dignity. Rules and
procedures for separation shaIlbe developed.
5 VII. DOSSIER OF THE IN RE SAEX GARCIA CASE
BEFORE THE ADMINISTRATIVE TRIBUNAL OF THE
INTERNATIONAL LABOUR ORGANIZATION TRIBUNAL ;\11~llN! :-;T14 .• 2908
11 =1'
\\\\.dtd1~~
E-m.ffd·'-<Ir"/·,
AT 5-2568
REGISTERED R.R.
28 July 2008
1... 2011 1132
Dear Sir,
In re Saez Garcia
1 enclose a complaint that Mrs Ana Teresa Saez Gàrcia has brought against
the International Fund for Agricultural Development.
The complaint forms, duly filled up and with brief and appendices, were
delivered ta me on 9 July in a DHL parcel whose receipt was dated 8 July 2008. 1also
enclose a photocopyof the receipt.
rn accordance with Articles 6(4) and 8 of the Tribunal's Rules, 1 ask you ta'
send me the Fuild's reply, in English and sixfold, \vithin thirty days of the date of
receipt of this letter.
Yours faithfully,
G-~-~
'--
Catherine Comtet
Registtar
The President
International Fund for
Agriculturalevdopment
v.iadei Seratico 107
1-00142Rome APPENDIX 1
COMPLAINANT'S BRIEF
1. Statement of Facts
A. Complainant's Position
1. The complainant entered on dutYwith [FAD on 15 I\-1arch2000 as a programme officer P-4
in the Global I\-fechanismf the United Nations Conference to Combat Deseltification and Drought
(UNCCD), housed in the Office of the President of IFAD (attachment 3). She was later appo.inted
Programme Manager for Latin America and the Caribbean (attachment 4 and 6).
2. The complainanfs performance during this period was fuI1y satisfactory. In her la~t
performance evaluation (attachment 8) she was recommended for promotion to P-5, the level at
which the post had been approved in the programme of work and budget of the Global tvIechanism
even though filled at P-4.
B. The Global Mechanism
3. The Global Mechanism was created by the Conference of Parties (CaP) of the UNCCD at
its first meeting. In order to ensure severa] institutional services, the cap entered into a
I\1emoranqum of Understanding (MoU) with IFAD (attachment 1), whereby IFAD agreed to host
the Global Mechanism and to provide administrative support to it.The staff of the Global
Mechanism is subject to IFAD personnel rules (attachments 1,2,3,4,6 and attachment 7 para. 10
and Il) and during the complainant'stenure aIl the staff at the Global.Mechanism received IFAD
contracts.
4. The management of the Global Mechanism is clearly stipulated in the MoU (attachment 1
sections l, II and III). The Managing Director is subordinate to both the cap and the President of
IFAD. The cap is the highest authority of the Global Mechanism. The Managing Director is
appointed by the President of IFAD upon nomination by UNDP. The Managing Directors Hneof
accountability is explained in the MoU.
5. The Managing Director reports to the cap by submitting for approval by the President of
.IFAD the programme of work and budget of the Global Mechanism. 'includingproposed staffing',
and then on behalf of the President of IFAD he submits it to the UNCCD Secretariat for approval
by thecap (attachment 1 section III para. 4 and attachment 10a.). Within IFAD he is to participate
in the Global Mechanism Advisory Group, whose chair reports to the President of IFAD and
advises him on Global Mechanism matters (attachment 7 para. 3).
6. In October 2005 the Conference of Parties (CaP) of the Desertification Convention
received a proposed programme of work and budget for the 2006-2007 biennium (attachment 12
official document ICCD/COP(7) ). The related staffing proposaI for the core budget was for nine
professional posts, incIuding that of the complainant which was proposed at a P-5 level as proposed
to the cap by the Managing Director on attachment lOb ( ICCD/COP(7)/2/Add.1(B) paras. 15 to
17, para. 20) . The COP approved the programme of work and staffing proposai (attachment 12),
but it reduced the requested"corebudget'by 15 per cent, as reported by the Managing Director. This
continued a trend of the caps under funding the core budget while allowing the Secretariat of the
UNCCD in1luding the Global Mechanism, to utilize funds from previous years and from voluntary contributions ta fund ongoing activities (attachment 5 para. 21 and atlachm9)tand as attachnlcnt
1Oa~shows the lVfanagingDirector reported on July 8 2005 'theassessed contributions approved by
the UNCCD Conference of Parties for the Glohal 1'vlechanismcore budget have in the past two
yeats covered about one third of its total operationbudget ~ .i.\vas submitted to the COP for
approval in attachment lOb. ICCD/COP(7)/2/Add.l(B) paras. 15 ta 26.).
7. C. Non-Renewal of Complainant's Contract
8. On 30 Oetober 2005 the Managing Direetor held a staff meeting to convey the results of
the COP. including the redueed core budget. He reassured the staff that this would not represent any
adverse consequences for them, but wouId be met by savings on other expenditures such as travel
and participationin major events. This was later on reiterated at the meeting that took place on 12
and 13December (attachment 14).
9. On 12 and 13 December 2005 the Managing Director of the Global Mechanism presented ta
the staff laying out the plans and staffing for the biennium with a New Organization Chart
announcing 6 new positions. chartto be effective on thestJanuary 2006 (attachment 14). The new
organization chart included the complainrun'sposition and name against that positionProgramme
Manager for Latin America and the Caribbean.
10. On 15 December 2005 the Managing Director had scheduled a meeting with the
complainant to finalise her performance evaluation for the year (attachment 13). When the
complainant arrived the Managing Director announced that the purpose of the meeting was not
performance evaluation; he handed the complainant the letter stating that her eontract, to expire
March 2006, would not be renewed (attachment 15). He said that the reason was the reduction in
the core budget decided in October, which translated into 1 professipnal and 2 general service
positions notto be paid by the core budget, in response to which he had decided to abolish the post
for the Programme Manager for the Latin America and the Caribbean. On the last day before the
three-month notice required by IFAD, this was the first information or exchange that the
complainant had had of her non-renewaL
.Il. Later that day the Managing Director distributed a 'revisedversion of the new organizational
chatt to ail staff, to the effective tsof January. in which the complainanfs name and position
were eliminated (attachment 16).
D. Internai Proceedings
12. The complainant requested administrative review of the decision (attachments 22 and 23)
but she was notified by Office Memorandum two days prior to her separation that the only recourse
was to request Facilitationn accordance with the Human Resources Procedures Manual (HRPM)
chapter 10 (attachment 24). The complainant requested Facilitation (attachment 26), which
concIuded on 22 May 2007 without agreement (attachment 28). The complainant therefore
appealed to the Joint Appeals Board of IFAD seeking reinstatement with a contract of two years,
lost salary, allowances and entitlements, and moral damagesf US$ 50,000 (attachment 29)
13. The Joint Appeals Board found .unanimously that the Managing Director of the Global
Mechanism had acted beyond his authority in not renewing the complainanfs contract, that it had
found no material evidence of consultation with the President of IFAD, that the complainant was
denied due process by IFAD and that the actions of the Managing Director were heedless of the
career and human feelings (attachment 30 paras. 31-32-33). The Joint Appeals Board unanimously
2 recomnlcnded that the complainant be reinstated with a contraet for two years th~ she be paid
aHsalaries. allowances and entitlements that she had lost since March 2006. (attachnlent 30 para.
34)
14. The President of IFAD rejected the Joint Appeals Board recommendations and denied ail of
the eomplainanfs daims (attachment 31). This is the decision impugned.
2. Complainant's Pleas
A. Receivability
15. The decision impugned was issued by memorandum of the President of IFAD dated 4 April
2008 (attachment 31) and received by the complainant on April Il 2008 (attachment 32). The
present complaintis filed within 90 days.
16. No objection has been raised to the receivability of the internaI appeal in IFAD.
B. l\1erits
(1) The Managing Director exceeded his authority in deciding not to renew the complainanfs
contract
17. The authorityof the Managing Director is limited by the Memorandum of Understanding
between IFAD and the COP (attachment 1). He is clearly subordinate to .both the COP and the
Presidentof IFAD. He has no authority to invent his own programme of work independently of the
COP and the Presidentof IFAD.
18. In the present case, the Managing Director was obligated to implement the programme and
staffing approved by the COP with the core budget resources including extra-budgetary resources,
which the COP had indicated (attachment 12). If he contemplated a major shift in programme
emphasis he was dearly bound to inform the President of IFAD, obtain his sanction and obtain
endorsement by the COP as per the procedures stipulated in the MoU (attachment 1 section III
para.6).He neither informed nor obtained endorsement from either, except perhaps after having
abolished the post.
19. Ifforce majeure had really required the Managing Director to reduce the programme and
staff, which the Joint Appeals Board report and the complainant had demonstrated was not the case;
he was obligated by the Memorandum of Understanding tb obtain the approval of the President of
IFAD. The Managing Director has cIaimed that he did consult with Senior Management but that
thereis no record of the discussibecau of~its sensitivity. The Joint Appeals Boards findings on
this point are eloquent (attachment 30 para. 23-24):
o There is no indication that the Managing Director submitted a new budget requesting the
reductionof a single professional post for the President of IFAUs approval ....
o Similarly, there is no evidence that the Managing Director consulted or obtained
approval Fromthe President to change the GMs strategie direction by a.bolishingthe post
ofrcomplainant] prior to informing the Appellant of the non-renewal of her contract.
3 20. It is also significant that the Global Mechanism Advisory Committee crcated under the
President Bulletin PB/04/01 (attachluent 7 para.3) was never even informed nor convened prior to
the decision making. It had last met in September 2005 and discussed the submission to the COP
with the allnouncement of the ~fanagi Director of 16 new positions. but it was not convened to
discuss a major change in direction which affected a staff member (attachment 11). The formaI
minutes of [his meeting, held on September 14 2005, was to 'discuss the reorientation of the GMs
priorities and organizational modalities beyond 1 January 2006 (attachment Il paraJ. Then the
Managing Director indicated that 'an additio 16 p~sts will be required to adcquately~fanagc
GMs portfolid
21. The Managing Director has attempted to distinguish between the"guidancè'that he receives
from the COP and his rnanagerial role to transform the COP guidance into operations. The
Memorandum of Understanding does not really reflect this dichotomy. Although it does not use the
word''manageriaI'itdoes say that the COP will provide''policy and operational guidancè'.
22. Finally, the COP itself requested the Executive Secretary of the convention (the decisîon
does not mention the Managing Director) '10 consult with the Bureau of the COP on any
adjustments thatmay be necessary in the progranI.me of work as foreseen in the core budget for the
biennium 2006-2007, in the event that sufficient resources are not available to the secretariat
timely fashion from the approved budgef'(attachment 12, para. 32). This was not done.
(2) The approved core budget did not require elimination of complainanfs post
23. There is ample evidence that the modest budget cuts imposed by the COP did not require
the abolitionof the complainanfs post... The COP authorized $ 3,886.000, s1ightly more than in
2004-2005. It also authorized the Global Mechanism to continue the practice of prev-ious years of
using non-core resources to carry out the core programme (attachments 5 and 9) and as stated by
the Managing Director in attachment 10a.and] Ob.
24: The Managing Director does have full power to approve expenditures from the voluntary
contributions account, the "second account'of the Global Mechanism, which hoIds voluntary
contributions for administrative expenses (attachment 2). This can be demonstrated the reports
of former Managing Directors to IFAD's Goveming Council and IFAD Executive Board in which
they exercise their authority to transfer resources from voluntary contributions into the core budget
to safeguard the core budget·positions approvedby the COP. This is rhported by the Managing
Director of the Global Mechanism to IFAlYs Executive Board al its 80 Session' The core budget .
approved by COP 6 for the biennium 2004-2005 ..aeates a resource gap of about 1.2 million per
year in comparison with the requested budget. Therefore, to fulfill its mandate, the GM will have
to raise additional voluntary contributions.(attachmen9 ). Similarly, in 2005 the Managing.
Director· reported to IFAD's 28tSession of its Governing Council the shortfaH of 1.2 million per
year. It is to be noted that the gap was covered by voluntary contributions and savings were made
in other expenditures with no changes in the tenns and conditions of employment of the COP
approved positions. ln his submission of the programme of work and budget to the President on
July 8 2005. the Managing Director requested for approval~. thls zero-growth scenario, the core
budget wiI1continue to finance 9 professional staff and 5 general service staff. The staff training,
including temporary professional officers and consultants, will have to be financed through
voluntary contributions to avoid a decrease in support to affected countries.'(attachment 1Oa.).
Evidence shows that as lare as 13 December 2005 the Managing Director stated his intention to use
the voluntary contributions acçount to coyer any budgetary shortfalls and reported to staff the
4 recruitment proccss of the new 6 professional PQSilions of the New Organizational Chart to be
effective as of lanuary 1"2006. (attachment 14). And in fact he transferred two general service
posts from the core budget to volulltary contributions in 2006 as confirmed by the t\1allaging
Director in his reply to the Director of Personnel on February 7 2006~ne argument that two as
(general service) staff were equalJy affected are not valid. since 1found ternporary employrnent for
them through voluntary financial contributionst the GM (Global Mechanism):(attachment 21). It
is to be noted that the mentioned staff was just transferred from one budget line, core budget, to
another budget line, voluntary contributions 'secondaccounf, and their contractual terms were not
changed. There has never been any explanation by the Managing Director nor a request from IFAD
for justification why he did not do the same for the cornplainanfs post as he had the authority to
use the voluntary contributions under the'secondaccounf as per the President Bulletin PB No. 99/10
Accounts of the Global Mechanisrn'Firstaccount and Second Account (attachment 2).
25. The real financial situationf the Global Mechanisrn can best be appreciated by the new
additional professionals hired in 2006.'in particular during the 6 months following the non-renewal
of the complainanfs contract and throughout the biennium 2006-2007. The loint Appeals Board
findings dearl y stated the increasing work force of the whole organization by the recruiting3
new professionals with a two year-fixed terrn contract, the recruitinga numbef of~consultancy
contracts •to work for the Latin America region in contradiction to the daims made by the
Managing Director of his decision to deemphasise the support to the region. Attachrnent 27
contains the contracts of these consultancies, travel expenditures, and tenns of reference in
Objectives of the consultancy. It is to be noted that the Managing Director in his response to the
Appeal quoted these consultancies services were hired to'avoidmajor disruption and to coyer sorne'
of the work in Latin America and the Caribbean'The Joint Appeals Board findings are dear in this
issue (attachment 30 para.29). . The substance review of budget showed no evidence of the
Managing Directors daims. It has been demonstrated that the terms of.ceference very like those of
the complainanrs fun,ctions (as reported in the complainanfs Performance evaluation PES 2004-
2005, attachment 16.) proved that there was no reduction in work force but rather a pronounce<;l
increase. As the loint Appeals Board found,'1:heisno evidence of a true budget shortfal1:'
(3) IFAD did not exercise its duty of Cafetowards the complainant
26. Supposing that the budget restriction truly influenced the abolitione complainant'spost,
it did not require the non-renewal of the complainant's contract (Joint Appeals Board report:
attachment 30). She had had exemplary performance (PES) at IF AD and the second-most seniority
in the Global Mechanism. She had quite specifie qualifications in the areas that the Managing
Director sad he wished to emphasize in the future (attachment 13 PES part II). The complainant
was not considered for anyof the new positions in the Global Mechanism, nor for any training that
might be requiredto make her more qualified, as indicated in the HRPM chapter Il.3. 9(b).
27. The Joint Appeals Board unanirnously found that the complainant was not seriously
considered for any other position IFAD (attachment 30). Even though she had an IFAD contract,
IFAD preferred to treat her as a Global Mechanism problem, not an IFAD obligation. IFAD's
ambivalent attitude toward the Global Mechanism staff is indicated in the formaI minutes of a
meeting of the Staff association with the President IFAUs Senior management (attachment 25)
reads '..01the second issue, ECSA (staff association) explained that the status of the staff in the
hosted organizations (such as the Global Mechani s)m~d the obligation of IFAD management
with regards to Human Resources Managet:nent in this organizations need to be c1arified. This
issue has come to the fore front in the wake of re-organization and abolition of one post taking
place in the Global Mechanism. On the one hand, the sta.ff of these organizations is offered
5 employment with IFAD under the terms and conditions of the HRPl\1.On the other hand. while 'FI!
(lFAD 's Personnel Division)feels il l'ail provide administrative supporIv GAt! s[(~ ifdoes flot
consider them the staf(~rIFAD.'
28. The way in which the complainant was told of her separation at the last possible minute
(exactly 90 days before the expiryf her contract) in the absence of any exchange nor discussion is
indicative.Itis significant that the l\1anagingDirector presented the biennium work programme and
the New Organizational Chart·onlytwo days before to aIl staff on December 13and to professional
staff on December 12, (attachment 14)."suggests;'according to the Joint Appeals Board."lhatthere
was not a careful deliberationof actions taken or of obligations to staff. It also suggests that the
non-renewal was not undertaken in a manner that was consistent with IFAD's human resource
polides and procedu aetschtnent 30). The formai Minutes of December 20 2005 with the
Director of Personnel demonstrate the haste and the unilateralism his decision (attachment17).
29. The President of IFAD has found that due process wa~ followed in this case because the
complainant received three months notice, was offered a six-month consultancy contract and was
given"dueconsideratiorl'for nine vacancies (attachment 31).The Joint Appeals Board found that
the decision was"contraryto the rules and spirit of the HRPM:'(attachments 30 para. 31).
30. Three months notice is required in any case, but it does not exhaust the process required.
The 6 months consultancy contract was offered with the letter of notice but only at the end of
February was the complainant given the Terms of Reference of the .consultancy (attachment 27)
and therefQre no serious consideration could have been given. It was designed as an insulting offer,
a"trainingtcontract as defined by the Managing Director'sresponse to the Appeal which would not
have enhanced her qualifications for any position. She was expressly denied the possibility of
extending her CUITenc tontract for six months (attachments 21 and 24) to allow for the review of the
decision-makiilg le"adingthat affected her. The damage to her professional reputation of having
been separated in such abrupt and unjustified manner from IFAD would not have been diminished
by such a consultancy.
31. As for the daim that the complainant received 'ti.teconsideratiorl'for nine vacancies this is
directly contradicted by the Joint Appeals Boards finding (attachment 30 para. 28) that-hor is there
evidence of any attempts to relocate the complainant elsewhere in the GM or IFAD', Significantly,
the President does not refer to this finding. In faet the nine vacancies aIl arose after the
complainant'stermination; she applied for them as an extemal candidate.
(4) !FAD did not apply its own HRPM procedures to the complainant
32. It1Strue that IFAD'sHRPM states that fixed-term contracts expire on the date mentioned in
the contract. But non-re'rlewal not automatic. As the Tribunal has frequently found, the decision
not to renew a fixed-term contract should be based on valid reasons and no flaws on the
implementation of the procedures.
33. The IFAD HRPM specifies that the staff members performance, the need for the post and
the existence of funding aIl determine whether it will be renewed (HRPM para. 1.21.1). As has
been demonstrated above by the Joint Appeals Board, aIl of these factors indieated that the
complainant'scontract should be renewed. The performance evaluation concluded in February 2005
and approved by the Management Review Group (MRG) recommended renewaJ of the
complainanfs contraet for 2006-2007 (attachment 8) with a recommendation for promotion.
6 34. It is to be noted that the HRPM specifies the procedures applicable within the performance
evaluation (PES) process for the non-renewal and for work force reduction. In case of doubt about
renewal. the department head (in this case the Managing Director) must consult with the President
about the course of action to follow (HRPM para. 1.21.4). As the Joint Appeals Board has found,
'tu evidence was presented or found to support the Respondent's daim that the decision was made in
consultation with IFAIJs Management, prior to the decision.
35. IFAITs policy toward separation is set out in the heading to HRPM chapter lIon
termination:"'It is the poIicy of IFAD to ensure that aIl staff and consultants leaving IFAD, whether
voluntarilyor involuntarily. feel that they were treated with respect, equity and dignity:'These were
grossly lackingin this case.
36. In cases of redundancy, the HPRM provides (para. 11.3.9) that every effort should be made
to absorb redundancy through natural wastage, to find alternative employment and provide training
if necessary and give as much advance notice as possible. It also provides a review process (para.
11.3.12), which the complainant requested (attachments 17 and 23) and which the chair of the
Staffa Association requested in different occasions (attachments 18, 19 and 20). The Joint Appeals
Board found that aH these procedures were appli.cable to this case and that they were not applied,
denying the complainant due process (attachment 30 para. 27).
(5) The President failed to give reasons for reiecting the Joint Appeals Boards
recommendations
37. The Joint Appeals Board arrived at detailed findings in the complainanfs appeal and it
recommended a series of actionsincIud renngtatement and back pay.,The President simply noted
that fixed-term contracts expire by theirn tenns and that due process was followed.-He makes no
reference to any of the Joint Appeals Boards findings in particular that the budget did not justify the
non-renewal of the complainanfs contract. He makes no reference to the multiple findings
conceming the applicability of chapter Il of the HRPM nor those conceming IFAITs dutYof care
and the heedlessness of the actions against the complainant. He daims that the complainant
received due consideration for other posts without appearing to be aware of the Boards fmding that
she had not.
38. The Tribunal has consistently ruled that when a fmal decision-maker rejects a
recommendation of the internaI appeals body, in this case the Joint Appeals Board, he is obliged to
state his reasons. The President of IFAD failed to provide any reasons or explanations on the Joint
Appeals Board findings and recommen~at (itachmsent 31).
The Complainant states:
I. That the decision of the Managing Director for the non-renewal of her contract is unlawful,
dîscriminatory and displayed an abuse of authority (as per the findings of the Joint Appeals
Board report) ;
II. That IFAD breached procedures, tainted with prejudice as judged as the Global Mechanism
staff member not having the same rights of IFAD staff members,( attachment 25) denying
due process in the reviewing of the decision (attachment 24) against the complainant and in
the applicationf the HRMP Chapter Il. ;
In. the Managing Director breached the dutYof consideration it owes its staff, under the HRPM,
of the principle of good. faith that a staff member has the right to be kept Înfonned of any
7 action that may affect her rights, protecting staff against arbitrary decision-makillg which
jeopardises the staff career developtnent and long-term interests (Joint Appeals Board report
attachment 30 para. 33).
IV. !he heedless adnlinistrative decisions had impinged on the complainanfs career, creating
difficulties for findingb which would offer her equivalent career development and financial
security for her and her fanlily.
3. Complainant's Claims
1. In light of the foregoing, the complainant respectfully requests the Tribunal to:
a. quash the decision of the President of IFAD rejecting the complainanfs appeal;
b. order the defendant to reinstate the eomplainant in her post or an equivalent post in
IFAD, recognising the complainanfs acquired prospects for career development, with
retroactive effeet from 15 March 2006 and with a duration of not less than two years
from the dateof reinstatement;
c. order the defendant to reimburse the complainant for 10ssof salary, allowances and
entitlements. including but not limited to contributions the United Nations Joint
Staff Pension Fund. potential promotion;
d. order IFAD to pay further compensation for US$ 50,000 for the prejudice of the
organisation against her which caused suffering by the heedless manner in which
IFAD had handled this decision with the denial of due process and regardJessof the
complainantsright.j,areeraspirationsandhumanfeelings;
e. Order IFAD to pay to the eonlplainant the amount of € ~OOO in respect of legal fees
and other costsf the presentpr~ceedi ang he IFAD internaI proceedings.
8 NlThtf iD 11\1 IV NATURE AUTHOR ADDRESSEE
BER 1
1
1 28 4 98 1\lemorandum of Understanding IFAD Document Public domain 1
1 between the Conference of the Parties approved by the
! 1
i 1of the United Nations to Combat Executive Board
iDesertification and the International EB99/66/INF.IO
1Fund for Agricultural Development
1
regarding the modalities and
administrative operations of the Global
Mechanism
2 4 1 10 99 1President Bulletin PB No. 99/10 The President Ali staff
/ 1Subject: Accounts of the Global
1 1 1l\rlechanism
i3
3 1 1 00 IFAD Letter of appointment for a two IFAD Director of The Complainant
! years fixed-term as Programme Officer Personnel Division
1 1 at a P41eveL
4 122 13 02 IFAD Letter of extension of IFAD Personnel The Complainant
appointment for a two .years fixed-term Officer, Personnel
as Programme Manager for the Latin Division
1
America region.
5 17- 12 03 IFAD Executive Board document. EB IFAD IFAD Executive
18 2003/801R.44 Board
6 5 3 04 IFAD Letter of extension of your IFAD Personnel The Complainant
appointment for a two years fixed-term Officer, Personnel
as Programme Manager for the Latin Division
America.
7 21 1 04 IFAD President Bulletin PB/04/0 1. IFAD Pr~sîdent To aHstaff
Subject: The Global Mechanism
8 7 2 05 IFAD Performance Evaluation (PES) Signed by the IFAD procedure
2004-2005 Managing Director HRPM*
of the GM and
approved by the
Management
Review Group
(MRG)
9 16/ 2 05 Offic Reaolrt presented at IFAD's Managing Director IFAD'sGoveming
17 Goveming Conneil 2S Session. (former) of the Council
Progress Reportof the Global Global Mechanism
Mechanism of the United Nations (GM)
Convention to combat desertification.
Reported the resource gap on core
1 budget covered by voluntary
1 1 ! contributions.
IDa. 8 )7 05 Offiee Memorandum. Snbject: The President 1Managing Director
Documentation of the Global of the Global
Mechanisms to the Conference of the Mechanism
Parties of the UN Convention to
Combat desertification (UNCCD) at its
Seventh Session. Decision 23 l
1
lOb. /3 8 05 1Official Document. The COP Public domain
1 IICCDICOP(7)/Add.I(B)
!
! 1
1 1 r
11 !14 9 105 1FormaI Minutes of the Global Assistant President Distribution to the
1 1 1
1 l\fechanism Advisorv Group of Progratnme GM Advisory
1 1 ~ Management Group
1 1 Departmel1t(AP
1 PM)-the Chair-;
1 Assistant President
1 of Finance and
1
Administration
1 Department (AP
1 1
1 1 1 FAD); Director of
1 ! Personnel (FH);
1 Director of
1
1 Technical Division
(PT); Director of
Communication
1
! (EC); 2 Legal
Officers (OL);
1
Managing Director
of the Global
Mechanism (GM)
12 30 10 05 Seventh Conference of the Parties of The COP Public domain
the UNCCD. Decision 23/COP.7
13 12 12 05 Email. Scheduling of the PES meeting Managing directors The complainant
and the prepared PES 2005 secretary
14 12 12 05 Power Point Presentation 'New Managing Director Professional staff of
(a) Organizational Chart of the Global of the GM theGM
Mechanism' to be effective J anuary 1,
2006 -
(h) 13 12 05 Managing Director AIl GM staff
of the GM (professional and
general service)
15 15 12 05 Letter of Notice - Non-renewal of the Managing Director The Complainant
contract from the core budget oftheGM
16 15 12 05 Office Memorandum. Subject: New Managing Director AIl GM staff
Organisational Chart and workflow of the GM
1
j . within the Global Mechanism to be
1 i f 1effective January 1, 2006 J
17 !20 12 05 Minutes of the Meeting with the Prepared by the Human Resources
Director of Personnel (FR) Complainant and division
1 Approved by the
1 Director of
PersOIUleI
18 19 1 06 Email. Subject: Discussion this The Chairperson of Assistant President
2 ! 1 the Staff for Finance and
j i ' morning about Ana Saez (the
1 1 i Complainant) Association Administration
1 1 (ECSA) Department (AP
1
1 1 1 FAD). Copy to the
1 Director of
1 Personnel
J1"') L 1 1
19 1':" 1 2 i 06 1 Email. Subject: Reorganisation within The Chairperson of Assistant President f
! the Global Mechanism and post the Staff for-Finance and
f 1 aboIishment-Request for feedback Association Administration 1
1 !
1 ! (ECSA) Department (AP
1 FAD) and the
1 1 1
Director of
1 1 1 Personnel
20 6 06 Email. Subject: Global Mechanism The Chairperson of The Director of
/2
1 (Gl\f), IFAD, l\tlSaez (the the Staff Personnel. Copied
Complainant) Association to: The Assistant
(ECSA) President for
Finance and
Administration
1 Department (AP
1 FAD), the
comp lainant, Staff
Association
21 7 2 06 Email. Subject : GM, IFAD and Ms The Managing Director of
Saez Director Personnel
22 9 2 06 Office Memorandum. Subject: Job The Complainant Managing Director
redundancy for the Programme , of the GM. Copied
1 Manager of the Latin America and the to: The President,
Caribbean Vice President,
Assistant Presidents
for Finance and
Administration
Department (AP
FAD), and
Assistant President
for Programme
Management (AP
PMD), Director of
Personnel
23 15 2 06 Office Memorandum. Subject: Job The Complainant The Assistant
redundancy for the Programme
President for
'Manager or the Latin America and the Finance and ,
1 Caribbean Administration !
1
1 Department (AP
1 FAD). Copied to:
1 The president, the
1 1
Vice President. the
1 Director of
1 1 1 Personnel,
3 t
1 1 Assistant President
1 1 of Programme
1 ! 1 l'vlanagelnent
! 1
1 ! Department (AP
1 1 P~1D)
J
24 113 3 106 rOffice l\1emorandum. Subject: Non The Director of The Complainant
! 1 1n'newal ofyour contract with the Personnel
! Global J.\tlechanism
!
25 17 3 1 06 1Formai Minutes of the Staff Staff Association Members of the
! 1Association (ECSA) Meeting with (ECSA) IFAD Staff
h
1 1Senior ~anage h~eedo~nt1i March Association
1. 12006. Mmutes dlstrtbuted on May 10,
! . 2006
26 10 15 06 Letter. Request for Facilitation. The Complainant The President
27 Personnel action. Contract and ToR of The Managing consultants
consultants o irector
28 22 5 07 Office Memorandum. Subject: The Facilitator: The Vice-president.
Senior Director for Copied to: The
J Facilitation Process -Non renewal of
1 the contract of Ms Ana Saez (the Strategie Planning President
, 1 Coniplainant), Programme Manager, and Resource
1
Global Mechanism, Office of the Management
President, IFAD. Received on May 29,
2007.
29 27 6 07 Letter. Subject: Statement of Appeal The Complainant Joint Appeals
Board (JAB)
through its
, Secretary
30 13 12 07 Joint Appeals Board Report. Subject: Presiding Officer of The President
Case No.l/tOO7 - Ms Ana Teresa the Joint Appeals The complainant
J SAEZ GARCIA (the Complainant). Board
Received by the Complainant on April
11, 2008
JI 4 4 08 Letter with the President' response to The President The Complainant
the Appeal. Subject: Your appeal to
the Joint Appeals Board (JAB), Case
Nor. 1/2007. Received by the
Complainanr on April Il, 2008
32 Il 4 08 Email. Confirmation of receipt of the The President The Complainant
President's response and JAD report
AP AsSIstant PresIdent
AP FAD Assistant President Finance and Administration Department
AP PMD Assistant President Programme Management Department
COP Conference theParties (to the Convention to Combat Desertification and.droughO
GM Global Mechanism
HR Human Resources
HRPM IFAD Human Resources Procedure Manual
IFD International Fund for Agricu/[ure Development
JAR IFAD Joint Appeals Board
MRG fFAD Management Review Group
DL lFAD Legal Office
PES [FAD Performance Evaluation system
PT IFAD Technîcal Division
lJNCCD United Nations Convention to Combat Desertification and Drought
4 ·INTERNATIONAL LABOUR ORGANIZATION COMPLAINT FOIlN
, 'ADMINISTRATIVE TRIBUNAL (Article 6(I)(a) ofthe Tribunal's Rules
IMPORTANT: Give the required infonnation in theToBEENTEREDBYTHEREGISTRY
If a seinot applicab5(or put NA). OF nIE TRIBUNAL
The submiswiUconsis(1the complaîn(2the brief
and (3) any supportinithat order. Date of fil--8JIlL lOBD
l THE COMPLAINANT
Faminame(surname) Forename(s) (infu/l) MrJMrs./Missl ..Do no'put mere
initia/s.
Saez Garcia Ana Teresa Mrs.
Date of biitDay 1Month! Year Place ofbirth Nationality
1 26 03 '1958 Caracas, Venezuela Venezuelan
Status See Article //(6) of
Serving official. Enter the complainant's present grade hethe Tribunal's
P4-6
Tick on2. Fonner official. Enter the complainant's final grade here.Stature.
-
3 Other. Enter the narne of the official whose rights the complainant is relying on.
'--r--
Familyname Forename{s) Mr./Mrs./Miss/ ...
Complainant's relationship to that official: ........................................................................
The complainant's representative*,Article 5(1) of the Rules
Family narne Forename( Qualification
*Representatives must supply the original or a duly certified cop)!of thepower of affomey required by Article 5(2)
of the Ru/es and identify the bar they belong to or the international organisation they have served in (cf Article 5(1)
.ofthe Ru/es).
Postal address of the complainant or the representative
.. ~~~ .~~..?~..~~...~~...~..~...~..~.. ~ .~~9 . ~~..~ ~.........'f..
2/ THE DEFENDANT ORGANISATIONl FAD
3 THE CHALLENGED DECISION
(a) If the organisation has taken an express final decision within the meFi/l in either (a)II(l) of the TribunaJ's
Statute (h).
1
(i)Date borne by the text of that decision: 1 Day 1Month1 Year FîI/ up both 3(a)(i)
1 04 1 04 .2008 and 3(a){iiifeven
the date is the same.
(H)" Date at which the complainant received the textDay 1Month1iYear (or date of
publication of thiaffectciaof officiais): 1 Il 04 )2008
(b) If no express decision bas been taken upon a claim Dayh1Month1tYearlimit in Articie
VII(3) of the Statute, date at which the complainant n-tified suc- claim to the
organisation: 1 ) - 1 4 THE PLEADINGS
t-----------------.----------------.-----------------------
Brief
In a brief, to be placed aCterthis fonn, set out (1) the facts of the case and (2) the complainant's arguments.
Relief daimed The daims may
In light of the foregoing, the complainant respectfully indude. for example,
requests the Tribunal ta: the quashing of the
a. quash the decision of the President of IFAD rejecting challenged decision.
reinstatemenl,
the complainant's appeal; material damages,
b. order the defendant to reinstate the complainant in her moral damages.
post or an equivalent post in IFAD, recognising the cos/s.
complainant's acquired prospects for career development,
List theaims in the
with retroactive effect from 15 March 2006 and with a box: do nOIput
duration of not less than two years from the date of enlries such as "see
reinstatement; document
c. order the defendant to reimburse the complainant for appended".
loss of salary, allowances and entitlements, including but The Iistshould nol
not limited to contributions to the United Nations Joint contain argumenls,
Staff Pension Fund, potential promotion; e:rplanations
d. order IFAD to pay further compensation for US$ 50,000 allegations.
for the prejudice of the organisation against her which
caused suffering by the heedless manner in which IFAD had
handled this decision with the denial of due process and
regardless of the complainants r~ghts, career aspirations
and human feelings;
e. Order IFAD to pay to the complainant the amount of €
5000 in respect of legal fees and other costs of the
present proceedings and the IFAD internaI proceedings.
Supporting documents
Number each of the supporting documents you append to your brief and list them in the schethis at the end of
fonn.
5 SPECIAL APPLICATIONS
Does the complainant want heariIlgs under Article I2(1) of the Rules?1 1 Yes 1 i No Statelhe grounds for
such application in
Witness(es), if any, that the comwantsthe Tribunal to hear thebrie!
Name Positionr title Issues toaddressed
pagel . SIGNATURE •
-_._---•------_._---------------------_._-------------.-._---
ln signing below the complainant or hislher representative certifies: Sign the original and
each of thefive
(a) that the five copies ofthis forro and of the appended texts are true (Article 6(1)(d) of the Rules);
copies ofthis form; a
mere photocopy of
(h) that aUappended texts lhat are not originals (transcripts, photocopies, etc.) are true copies (Artthe signature winol
(6)(1)(b»; and do.
(c) that the required translations into Englishnch of any appended texts wrinen in neither of those
languages aretrueto the originals (Article 6(l)(c».
/'
g,o;-~f.
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.,..,~~//..,r:::.' •
SCHEDULE
SUPPORTING DOCUMENTS (in chronological order so far as possible)
Examples
!
; Date Number every single
1 document separate~v.
Number 1 D 1M y Nature Author* Addressee*
The /ist should
1 4 4 97 Letter VireetOrofPersonne/ Comp/ainant
ordinari/y inc/ude
2 12 5 97 Performanceappraisreport - - the textsf the .
decision impugned
3 20 5 97 Memorandum Camp/aÎnant'supervisor Chief,PubllcatioIUBranch under Article VII(I)
and of the report of
4 12 6 97 Reportoninternai appeo/ JoinAppealsBoard - the internai appeals
5 9 7 97 Letter(Impugneddeci8Îon) Director-General Comp/ainant body, iany.
List of documents supporting the eomplafnt See List Attached When identifying the
author of an item of
1 1 correspondence or
Date 1
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IIFAD 1FIDA
EMbIIng paar 1urII.IDow.come povq
~ pourque .. ..."..,..."".,...,....... """.-wret'
Dar patIIIèiOft.....,. opartunId8salt "" .. ,.,....
)Jill ~ -.,.IA1I.,;."~"'~~"".:tw
12 Septemba' 2008
Subjeet: /11"S8ez. AT 5-2568·
DearMs. Cornier.
The Interna.ional Fund tilr Agricultural Development. the Defendant Organiza.ion in the abover-
mentioncd case, is plcase10submit ifs Rt."ly to the International Labour Organi7.ation Administrative
Tribunal in sixctlp in~12 Septernher 2008 in acèordance with thprovi. ~fi.enStatute and Rules
of the Administrative Tribunal of the fnrernarionall.abour Organiza.ion.
Mme Calherine:Conuet.
Rcgisrrar
'nh.,national il"',()rganir.dtinn ,\dminis'ra'Î\'e
Irihunal
('h.r211 (iêrM:\22
Swir~,",.land
!/llefr'.J'IC,I.1"1'-(;1.;&v'elopmenVio1'10'100"0, .14 ()O'''2IJ".J/yJ.
rel_ .(it545'H F:J~:. ,1'Q4:J.Jt33E mo1'~Kj_tll tab"3f,:'II·N.ilad.IJlg •• 66..
Dax DDU Acct: 102225412
Date: 12.01.2001
Rel: Ha
Alrwaybll.: 3090188371
Ina....... Val.. : 0.00 EUR
Cu8loms Value: 0.00 EUR
Typéof·Export: permanent
Welgllt: 8.5kp.
Cuatom Account:
Dlm wt:0 19.
D•• tlnatlon:
Dlm (Ixwxh cm) : xx
GVA GVA Orlgln: ROM
Pcs:2
FROM:IFAD TO' INTERNAnONALLABOUR ORGANIZAnON.
·AD.,NI8TRAnvE TRIBUNAL .
RUTSEL,MARTHA CATHERINE CONTET
VIAPAOLODI DONO44
REGISTRAR
ROMA,
GEN'VE21.
001"21~ 1211"ttzerland
Ph: oea4581 Fa: Ph: 0041227995726 Fax:
UID:
UID:
DHCrlptlon: DOX
WARSAWCONVENTION:If thetran."artlnf. shIpment InvofVel ., d.... nlti.toln• countryoIh.,.1han the countryof
Inlltt'medlete..pillewtUch_ d............~uf.damage ta lUCh Ihlpment. Voth8tyourlhlpment mayc.m.d vfa
----~-------------------------------------------------------------
and DHLand (1) .T....Md CondIIIoand......applcable, Ile W.ConYenIIo....wrdIor ududDHL.. 1IabIflyforIDa,I
damage or defay Md (2) IhIIIhIpmant daft noIfJd.......goodI.' . .
.SIGNATURE:RUTSEL,MARTHA
DHL ExpNlln.lS.r.MIanàftorrada 5, Pafazzo UI3, 20081 RO(Mf)....
.-
'NTEIt"l"·f'ONALL~ \OUR
ORGAN.Zt\·fION .\.Dl\IINISTRA'f"fRIBlIN.\,'LO:\'O
,,'5-2561
8IT'VEEN
AN,\ 'fERES" SAEZ GARel,\
COlnp.......
-aneJ-
THE INTERNATIONAL FVND FOR'AGRICVL TVRAL DE~[LOP~IENT
Del,.a.t
REPLV OF THE DEFENDANT
. 1 INTRODVCTION
1. On9 July 20~" .\n.rem. Sa,. G,rs'.he~in ute}Cemplainant".
brought~ompla .n;tsIl.'"~mario FundtUrAgricultuDe\'~ltJpmcnt.
(hen:inafl..Fundor ··,FADj.
2. 8y'.:tdal-=28 lu10f) d:~vere10IheFundon14August2U08.thFund
wu a."krosubmil;ISn."Jy10~ump'a;nL
J. The pn.,*=ntmemur.indum~ndi c.s~()n5 rhi Iud·sI"\:plyrh"
~",np 'ad;nni" thcJJll'Wlabupu" \thï.:h Ihe frihdisn sheiN~d
~iJmplai'It.·' .
.J.n~ fri""",,'.~"'-.: ..u,s,yln.Iu 'hIUI1' CeS~und clprcssly
~k;.kl"t.",Ik.'l'WerheJ~~c mn:Iortll.d..11~:oc c•'r~rm~di'Jn
"kil~nr, ",rhrCump'a.ianl:.n:curtdl'dh:fund.
Il. ,..\C"fS
5, lf-.:nynilufrh~I~t rilJcscrri' ksll,,,t~n~I.nIi•,dal .",cI
.cn\'inmmenrI,n,h ur~~,nrcc"m:Jn~()U, J11r,.,cguf hluer'''.
"1(C,.Îh~t.;", ..nl~n:"'IIFI~\;nJtun.lIf)c\\:"m~, uL~(''''f).,
',\hi\\"fed~nftitl.anc:in.,,)~tJ~•tlcrm:w.illh:yr.'pr"ilCH ta~ktlepnJbh~ mm~philS: i,~.itnn1mutemwlainablede,·c','pmcntlit the
\!uanrnuniI~ve Il.'so .:all..aheUni... Nuliul1SC;,,-ncr.sll\sscl11bly ro
.:slablish an Inlergu,·cmrnental CummiUul~0pn:pare. by June •.«)4
ilCunvcnli,10Combat Desertili\:ation. purti\:ulurlyin Arri.:a. ru Ihis end. in
D,,-.:enlh4..,.ahe9GencnalAs~mbly ayn.~ an" adupt",od resululiun
t\RESl41188.
6. rhe lInit,,'" Nuriuns ConveruiCumbat D~rtirté: n lilulnlri~
E.'perien&:inlScrioWl Dnluyhr aO&."!4:rt iatc~'ry iontl;;\:a.
(hereinatler "The Conveor~'UNCCD ', adopl&:in Paris tln 11 June
.')')4and upen,,'"Ii" silnalUnfun...... 15Ckluher 1994CAIt-=hmenlA'. Il entcn.-d
intoton:un 16 O"ecembc:rIt)()6, 'JOdays aner theratifiwth~ns tiun
ra:eiv",td.On,~(lun7.trer&.arties as al l\fan:h 2Cunt~ree ..:e
the Parti.... whi~)is the Cônventiun'ssupn:me ·Io,'eminl body. held ilS
tin~Iion in ()club1991inRome. Italy: s«und in D«clnbe1998 in
Daluar.Sene.u': the chird in Nuvemb« 1W9 in Recite, Bnazi'; the tltürth in
D«ember2000 in BonnGennany;und rhe fiflhCktobe200. inGeneva.
Switz.:rland.As ot"2001. COP sasiuns are hcldbiaaslis.'IU1
7. TheGlobalMe\:hanis(CiM). whi4:his uninlegra'pll1 of cheCunventiun was
\.~tabl uidsrheAdticl·21 uf the Cun,'cnliound hepn ils
up-=fllionsctober 1991.
S. A~ti unteJArtide 21. paragraph 6 uf the Convallion. the Conference uf the
Parties the Cunvc:nlionadoplt.td24/COP.I- OrganizutiuntohIhe .
(ilubaJJ\.r anhagres nlun ils modo'ides", l4ruwh;~nthe mie
of the f'unre!ltr tih~sin.thdGlobaM~hani sunuanl tu tt~nns
ufthlll ",,-(Attac:hmB). .
9. In~,.. tit:lrment this d«isi~fc:mor. "fnndul!llandwul ogn.-ed
h"'1"'"" th" Cuntèn:n4:eof rhePmies ut-the Cunwnriunund·the fund RClldnfins
IIwM,ldalitand l\dministnative Opeutthe Glub~f~hani andlmus
appNvcd dt .herhirdConferent:. of lhe Parties Nuv~m~r 1')99)
(,·\tta.:hmentC)
10.Consistent with ils undertakin~'':nk' .heofandd.u!tandinhusl
theQ'obu~I\:hun an~atthc·lh:hat of the 'alter:
;a) 'n .\fun:h !f)f)O,,he C""'a,,'Tnla 1n'.~-..:-term·c"nlra4:1
..rP4 I.:10c~n'eas Pn'gramme.\I.I",thr the Larin ..\.nc:ri\:a irnd
C.lrihhc'lI1fIR~li, .ih,.e (l'l'~'c."\ ff:r~"Onr'Wilh.:t
1\:,,':"..\'.an:h 11),,! and .\'an:h..1i~d4,..a twu-}C:lr
,~ri C,udk:hmc:s . E•.FJ.
h, 'h~1 \':an:h!f-.:() ~I'..3l~fuws:
../1I",·\i/r"".,,It,â ,';rnli~I/'"//''''l,,,,,C:
(Jtli,ilfI,,' (;J"/,,,/llc-, I,U/("lI·"';,'f1lle:
r"",/tO,,·,.ri/;(',Ic\uadunt:nr0'
~) ()nf.sf),,"\ lUO~'Ihe.r.maginO;,\.\ut',hCifba' .\f..i~m
nu"'Îc".e: Hmpf:ainan(t.'frhertun·rc:ne~..nlr.l\:11",i\:~ !'&tat-al th~Ianal Dii.corhild ,1,,'tu buli!'he"u~ uf
pn.,. ..mmo lnanlùr Globa~'c:\:h ngÎuul, I·~O~kltin
.-\'lk:and thCarihbe&a.ndcUIU\.'qU4:ye Complainanti:c~
tcrm cuntra:1. whkh was .:nun j ~Ian !(h6. wuuld nul hu\'c
h\.~,nh.rt:~tcn dhe.:un gÎ\'~n tearulili.,n of rhepusition
wu rh"d~isi orhe UNCCDConfel'elM:ef the Paralits Snc:nlh
S,,-uion (Octub...,).tu "d4.'C,he budac:lor tMGM ','te
Ri~nni u0m6-2001 by .:ITe\l.si~(,N tcnns(Alfa~h l. h:nl
d) On 10 1\IlOf;ctheComplainuntl"e\fuCfacilitaprocc:.shi~h
",-ndwit11O.ltlCmcnt.
~) On 27 June2007.the Cumplainanl submianeapp~1a0ltheJoint.,
I\PI'Wls BoonJ (lA8) The.iJ.nrd$4."dby tCumplainiaw~re
lhu.(i.Ih~ccis fulhe~anal DÎi":tor uf Global Mechltu.sm
mlUc:I14:tivin the reaidi:2tbLAC and abuliahpo!l'il1\:ludcd
in the budlet approv,-""byCOPI was lNyundhi. manast(ii)lauthurity;
thHuman ResUun:aPrvccduraMinual(HRPM) ru' ~ndreplations
on r,,-dunda:tlftntùllo awd~FAD waibound t~k altt:rnative
solUliu... The·Complairiant SfM:iti.:allj requak.-d:nent in
IfAD: (ii)pay. onai~.81')'and allowunca froMan:h20(J6to
Ih.date rt:ins':âtt;iidama.. itheamountofUS.DjO.OO•
. t) On 21 S.~m'" 2007. th. Monayina DilKkJr· uf··Global Mechanism
replktuthedppea'ubmi.ubythe CumpJ.inant(AUachmentHJ.
g) 11ktrepOrand m:ommendalion. uthe JASwere ~ubmiu edIhe
P~side unll Decembcr2007(Attach.n1)Thedeild iithelina'
d,,'\:isit""Pn:si*naJ·F",-bru.2() Wi8c:ctcndcdtu~fan:h
2008.
h) The lA8 Findinp aR«()ni~nda~ tibensmmarilcd uli,lIow!:
Ci) ~fh d~isi nonto n:n.thecontrawas beyond tiluthorofy
.he~fûna lii klof t" 6lubaM~luui aidsmuuld have
"'- ~utim..-bylhePn.~nt.
fi;)The Cmnplainan"'ilS ,I"~·weprocc:ssinat:~"rd wieh
~'\:t IlJ.Inns 12of.heIIRP~f.
t.iii) HRP\lnd ..soI\und~y\~ n,"i;II"",anddl~ i!110
~vi&k ,lfkiYe~ri:tItmpt~haivi"I.hi·I1naunI'J(aIft:r
dSt!"h.:tè.~t.;I \tJ«bualn;rwri.th.Fund(.10,HU,·;,I.:
I1c\Vi.t,h,,,,,r.ainlO(litr p!,&În'Ifs. '
•i~"rh" rdét'i"Wl"-,.heGlu"'".\I,,'" \:,h'c!.nuihni,ln'y~
andthenun·n:n&:;a~f.CUefp'ain,l:Ufllr··c.:.lhl'l~'""ft
,'n,,'\: ~m~nc:\-;'a·ndath(N"a.110~\'il 'CI".C.C
hudg-:l"horlthll."
(\.) 1h"L\O unanimuusly r",\:Uf.,"all,'l.he('ttmplainill1lhe
r",i.~ rs.faur,i,iiuJn:.il"".\r~cha 'liiiswc-ycar ti~, ,-Tmd~untrD (d):the Cumplainant heuwanJed tpuyment hy
.he (;Juba~f,-'\: uf al.nu.arm..allowiln.:a and~nritle~nts
luss;~e ~Ian: .hU6.
Il, The Pn:!lidenluf ,he fund did nua~~, ,he J-\8 n..ocommenootiunand un .J
.'\pril!008 issu,-'"the ,I«i.liun;8heinlJimpugn,,'(;\na~h n)h:nl
III CO~IPETENC OF Tlfl COVRT
fi) ·rhe 'und .nd the Clobal~Iftha .nlise.paaratelep' ~ntltlel
12.The Cun'-=n=nceof Ihe PW1iesto the lJnit,--d Nations Cnnv,--n.iun to Combat
D4=sertifi nOtiallogaunuf the Fund wilhin the me-.aniJf the Agn.'emenl
, Establishinll the lnlemaliuna', Fund f"ruh Dueralpmcnt. nur is <;robai
~ft:\:h leln.i ublidiaryurgan of lhe saiCont~re on heeParties
1J, 8y virtue of the Fundac~,--p oltaenjresdictiunurthe Intemalitlna' lahour
Orpnizotion Administrative Tribunal. the Statute of rhe Tribunal "l'plies in ils
cntiretyu the Fund. hui it duesne~le tadorsaniza enti'anor bodies rhat
anayhehostcd byrM Fund pumIIInlID international agreements wrhinfpartia.
14,The Oluba' Mt7Chanism wu cslablishcd under Article 21 uf thUniledNalions
Convention toCumbal De~itk ..tion (··Conventiun;, and bCIJUD its
upcratiuns in OcrubeI9'J1.As laras is n:'cvanl fur the present purpArti~le
21of theConvention pnlvides thal:
..". 1" m.,I1"i'IC,,,.Ihf!,,'IIi'Cli'','',·tl/dt·n'!lt~fi.flI"N
,/ill"",';"I,,,,'C'Il(i/II"-,I.lfed'Ullù l'''tt l'1i,,.I"in" ~
III the ",,,hi/i:,,,"Iltlllcl ",'\-I\""l,I.llII:l'n-,WJ'''''I',f.
i'k'!thlill.fl.1,.,,,,!Ië,"./'I,',·I.V",.'1"11ht,, ,~m,'"0 '"
c'o""t'.r,d,Ir(JI" " "rl".11~/', n:,h·'."'"t1'"I"'"Itf'f1.,~,
",·n'h.v'."ubli.,lreJ.I"hl.,;1'1."·/11"/raIl.Ii",,,",,,/th"
tlllllltwity ,1,"'i,I"'~'re COltji"t'",t~ l,e./'""i,'clntl ""
- tlt"'tJ""luil. ",
J.n'f!(;""",..,,,,,lirl',,r _'i/,1,t·,,'if,ilf11I'fo,J;""n'
"".ul"n. lin o"t(flll;:"t"~","11"11Il,e il,,,,.I/.'c./"",in,t'
(·"""'n'.·"l,Ir 1'"";,,1,1,lira:0rtltl"i:i, I"Liclr'IIlih,,11 ..
"Iln'"1"' 1N,lflt,l;r;,,I,(;1,,,,.I1I ,,~,,II•"'': illltflli"
111",lf .tt"t·h,,,,i.,,,,:
"" Mt',lIlli,.",J·.m...,",II';",nllll,1/'"',m,' hil'll.,'/llf/
1,,,,lr,I,,,,,'''''I''"\";'111-1"'1· ,t,l.'" ," im"-,,,,'III/hl'
(;''''-''",i",,:
"'} rr"ti"n"clin', """"'1""'"II",II,i,"" """",II'tIl,.,:,..1/
li"""illl,1111"",.".... "l,ill,',H/."tII,Îltl """1"· ,'l d't'
I"",.,/it,.l,","c·,·,I/I,/,il;,III/l,,,,'i,,,,,;II,'d
(,",,,,ic ;I.·"/f·tll',lf,,,,,II',.fil"''-',It1t'"',111"""".
'':,."m,'''",.'!"";:"""IlillIII,,,,,,,,i,,,,,,il,,"I/"'n'" ", .Ii""l, clnJ"n./ill""ltt'''n.y,,,.,I,Jè~';/ (",W,li,,,;,,"'In.1l
lit,·",IIIJ
(,1)n'",,,'., lu ,Ire (·"""",~l,e Pl"/i!I,"':lIi"";,",;Is,~,',:",rJ
Il,.,lil.t'.'t,"If;/.,,,'li,';I;e!l. . ,
If,l7,e Ct"'/~f, 1~.'~" ,:,;,'s ,\Ire,I1il!l;r.','i"",f."",kt!
''l'Pn,,,"I'c1mllfll':';",il.lire"'NUn/:t"i"" ';Ir,,;,,I~" ", t;J;t'J
"'IIDt,Ire Cilo""/ .,,,..:hunis,,,II/",;',i.'t'1fWn,/i",t~ .~,'""
.U,.·.""","lll'llla'i"I1','.'/t"'AniNe 'II,~rih .lJ.le"" '/lJ
,,,,,,,,,",,'smUY:t!.'.
,. /7Ie C",,/i.'ne!JtheP"rtlI',\""11cil iâIlti,.,1tH·,l.,,'.'1.";t'lI.
l't'''je,,",J/'c:i"""nlli,,,,'''lf/tllilie",'Ii""ieaf "'tli/,,"',/
,t,,'d,.II,;'f/" ,'cXfJ,u""h1'"r.fll"III /,"n,.VtI1. I"j;".illitl
1'.·llmllM.prrn·i, ~~,,i:/r..0" littheLf;,,l'llrn."'/c.i,f"""
..'",ly;,/to',k""/",,,!,ri,.:Iiun:(AIt.:hment A)
15.1\5it appe41"tiom Article 21. parulJl1lphs4-7 above.'the Global MC\:hanism is an
incegralpurt ut' the Conv.mtioand is nol'an organ nf CheFund. ~foM)\ iSci:r.
clear from .he d«ision of the Conference of.he Parties 24/COP,1 (Artachmcnl B)
adopted pUBuant to Article 21, parDgraph 6 of the Convention. Ihe roleot' the
Fund is restrictcd to huusing the Global p..fe«:hin acconlancewirh .he tenns '
uf chatdC\:ision:
N""'. 1./.O"I'.I
o...,,"':JIItOo""IU' IlItClnIMI Jlft''''' "II'''l.,. ,,,/16II~''t
",lIfMIltia
Rt...·."lIinll'hC,,,~,, ,~rItP1ai'fe(Ce PJ.;1ll,·t:unl,,",'e .../t"
'lrlid#!2/. IlcIru.VClp.f ,,,,/J. (~I,I.~Com't'lIIiuIt} (i'",A"
Ot',~rl, if /,o.fCcmlll'lJs"~VWrit \,r'l''Di,,glIImi,ll"r
l>e.,lflin";",,, /,flrl/in.1ji'iCc~"ul/:
(tl;,/c.'nli/jl,al i/ilnli""'"'l'' II,Il".,":UIf,)lI"mue Ihe
(;I,J ."t"c,:1"tt,'I,hi,tJ iNer I,rlid,1/. /Jcll'rlgt-lI~/tl.!
( ;)III'(.'lIli,,,,;
Ihl tl.fln'ilIl'f/JI:r.",,,;lh,l,;.1"'''';"l1''tt'/;",.""ili".'1,;"
111(i/"lhll,lI,'d"l1Ii.'''',",1111
Ili"",1,.- ",i" lin/ \'r· .'OI'''Prill1I·rt"'f(I''''1';1I/,a'
IlIllrln;;,il ",,;,/",,/1/f,'h"lI /''~il""',1 ,d,,,ni /IT,,ltt'
t,,J,,,i,,i,,fJl'f'ruli",.,""d.II,t'mi",..rlr,ilI.ft lirer/tll'
Ilfl.u,/I, .rù/i"b,,,,r.""tl,,""'''f1tn'\IJ''''''('~.
11r"111'.rtl/II"ftIII r'c"'H",,'II,I.II,,,"'1"'",.,."1.."m,''''t,1
:\"',flll'i,(oll"""illli" ,l,,f.1"""rl/li",,J','If/"1""""'/;01""
t'""t'",;,1" ('"",Ir/Je.'wrli/Înlil'flr",C"'II",it1:'l'f·ri.·,""'"
S."';",J,"II.t:'" ,,,,tl-,,r f)"·'Ï,.Irlkll/lli" ",Ï( l",('/JJ
t"t.'Cln/l /';11-1"';I'.",(il"/Ic1/",/,,,,,;\lIf",,(ri/oi" I~', ..,.'/t"l.'IIi'l,ti'IIli","h'''''11,..Lt"&'"/"'';'''','I''',,,lir1 ,,,'
",,,.,,,,,,.,1)COPf/ ),.f.,n Jn,..,n'!lnlf1lclllfl! "llh,' C""""illn<,
tI"dd"" /IJ. ",.,." ," ,It./In,/71'" ,'./.lB ,..-.~,';'J'",ilh th~
'''''''".1 ",,,,,,,J1;".1."·.,.,,,,'CD,('O'PI),J:,,'.l'.
R.....'I.., ,I,"t·/IV1.9,~,. 1,\"'0. ,.,.,."iL"'5'''' t,'',.'""u;mf,
whkh. ;nll" .,liu:
(l'"",,'.-. lNt.''OP "I ils./int,~~.f It.nJ",i.., lIe o("'rs,~lll,e
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,he l'O/III"u,:tJnlri"",i"t't"'S."I,,,'lU"" Il,t,1 'I(Jlohe,'
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.t"/h',iopen"iflntI""' ~"fi., of IIIc.,,,,,,,,,,,',,',,'"",,,,/i''!J
n·,i:''''i"rrl"'~ Jf"(l1:,I/''h 11It'I',;;mh..,"'1".''ui""
f~tl COPt'
,Y.N"il,'ml"" ,"'", III ,'n'ou'ili,rlide~,.11f"'f1 I IIIl,·IJIr
('','''t'''";''.O.P ,"',Il ,Ilthi,.,/ IJrdi'·.'Hilmn'Ii,-rI't'
1",Iii..''l''',.,,,,I,/il;c'.rcltiilit-',·"l,ltt.1.U"d'fII,i""
1/1,,'.,ht! h,1.,i1/';" r'Il',Ir,,1/,.,1I,,,,",IifIlrl""'I";"/~
'1'li"".\ttadun,,"nIl)
f(J•\~~al hl:,,,,adi~1.lrJI yfru;arp.' lt,c~ tl."i,"~\ne:u~ he"rC.rlSti.r
hlJ..inIh.:(il..h.\r~'\; ihrheniu",r-."rhe-t~ .ta;knrityuf'rh\:(il"hal
\f,,'\:h.miwirhinrh.h.~JU nryini"iltiun'·.
1 17.,·\cclwin.lS~liu I.A uf lhe I\lemur:andumof Undentandin~l'm:lud,:d
h.:lw,-IhC~unt,=r 01lh~Partie10 .hC~onventiun unlM Fundreganlinl
the modalilic:sand adminiveUf":nuiunuf Ihe Global Mt:\:haslipu'at'-~
.hat ··WhileIhe Glu~I,--ch wU,haseIlS\."ar.idcnlÏtywilhth~Fund.
iwill han ul'Jiip:art nf !l11U\:1:f thFund din:çlund&.'"e Praidcnt
o'-IheFund"(Aua:hmcnl K).
s.cr ~rlythe obj ..n~ purp-= ofS,-'&:IIln.is uf cuursnolto~onve Irt
CllobllM~hani5 nto an urgun of the fund., Nut um'\:ausIha. ,,·uldd
n.. uint burh un am,--ndmenl uf the Conv'-'fttionas wlhel\gn:emenl
EstublishinllFAD/\naa:hmcn. Lbut primarily hccaulCSc:1.n:iter.atesthe
d,-si:out' IhCunteNft4:eof the Partiand undcrlinelhut uthe huusinS
'institulion. the FUlld ~uppu hetOk,.,.1 Mechanism in~rfi,nn lSnl
lunetioni.hefrdmc:wur,lthemundateandpolicicufdl.Fund. '
.CZ) The Cont,'.'nant ,Dota·staa:me_ber0'the Fu.d .
9.The cumplain. i. b.-=d on a fundamenral niischar:M:terizaliothef
Complain3ll"lepl statuwith Ihsole purpoofinvllkinlleg.R:yÏlnthat is
~upp,,* ,ordtlyounablefor IheCumplainoTheTribunalis invited~j&.'\:1
.himi.:har:M:l.:nzatandlu refer'o ta.:tuallclreaimeItt&a.appIu·the
n:lationsh~&:en the Fundandthe pcrsonnclassipetowork fotheGlubal
M«hanism. '
20. It i. m:all"... thal Ihe Global Mcnulan organ of the fund. .Fund
·S4:rve.son'y,us 'a hostinll instortheGlobal M,,~han insmprovides
~rVic ,hrt~eCnnterelk:ufthePartiestIheConvc:nliilSit n:lato~ertilin
allministr.ativfÏnancia'lnallers conccminGlobal~f.:c;hilnism.
~1.Simil. tu the Tribunal's cUl1\:lusiunsin Joopk:nl No. 1509'hat theat~
Fund allministthe'Gluha'M&.~han doasml'Imake the Cumplainana sian"
.Il'-omof che Fund ·tùrail intandpurposeS. Ia"minislerinl the Global
~'I&... tehFundappli,-.heffRPM partly to tComplainant. wh)idnot
on.halaccoun,'bc\:uma stal.a=mber utthe Fund. "lComplainlmfs 'egal
st:atinn:'ationt.heFund isd-:lil1&iR:sidenli ullelinNo.P8/(J4,OIuf 21
nfJanuury!fJ04·(:\uik:hnM,Jwhich in i.! p"rnV.ap'''c:1b:Ikr.ak"oit
c::.plicil.ha'rports·duriY the C:X;'il:'aliun"l'FUlldwilhrhe,Ciluhal
\r,,"\:hanis.n.
21.·\~~lJ rl'pimn8mph lU ,.,.lh.P~~idcn O u'l';'No. IJRn4-"',rh\:,
.11'Plicaut' .hc"RP~f ru C'i'ub.\',-~h ,a",j·~rsnuniu,h~jr."he:r
lirnira,.Ind".nditi ~J,J~~I~f~yf~Pn:~Ul inpcUadr:lpllIhcr&"uln
rheCu,"nd1i"(ifuha' \'II1Î'Jk:"unncl wen~..nsit'-"'anIIcmh.:nuffh~
~:tt rh:nrc:'ii,'\:nl\\IIulhav-: "l~lUfhuritu iill1irour 'fu.drll~
.lrp .fi~f.hel"l~Pn \'" ,.1"Ihu c.,dutlrheffum:lnRC:~'U II·'nlCi5~y.
fi RPatlupr,byII~ l,,,,"\:u'J.nI tandcr\.tid.6.S\.-cri~hn ,.,rhe: :\gn..-.:mcntEs.ablislheIntt:mutiunuJFund f"\gri~ul De:uclpml&."I11.
.\lIa~hm N):.~tisvsa obul~f&.'\: sthT.n- s.n
23. Fur the:pUI'Put".he J'lmk.... the c..ndilion ilnd limitation lsat appli&.o
th.Compluinunisst:t tiinparayropII(c a).:~tmJ winih: u
·'.II/.Jin·Jc.',II1tfc·mpl'J.'·""Mi".(il,.tI,..·.hc''';'''If
..·./"./i" " meLrif~"\,y'Yn'rC·I"·JaN,1.t,'..h',Ile
clI'"ilub,~ll\'.' Iff:I-'t/:f'I. f:"'/'111'I'he
1,,.,, ,I'",~";IJI1l:l.,.lire·J--'i/..,,'''''l'tt'
,I."'fl} G I'h!Il'Ihtnn~f,.·.tn'''..1I,.1.."'f'II",(v
In"';n,,1,·â...·.,,·"I.a1I\'.ft~,. l"1 1,"",,p1t~.'n"'I"
",il11-:·'0"(Atta.:h1\1)t
24. Notholdins can.-crcontractas a ufan clll't:mpluyme:ntwith .hc=fund.
rheCompluinanr Mithebcrwtiuetrom IFAD'sIUlesand l'elutioun can:er
~untnl fC" ix&."tI-tnratTnur qualiti&'ÏJthe fn:a'men&:nvi8 bygL~
purnVoIph11(,whi~ providn that:
"II- ".tDInc.·",,'pplylllIIItJ "";"Nllpp"Ir(ilo"',1
.\/I.'('"U/.f.,lrUIV!thr(llIl""'''7f1",pI' 'lii,'''t
,ht!IF.,'1lM.'1,"t!W,"'/w l,,'hic:'''1'.'I'1(/,,1
'\/'''·''''"I.UIf, u"'j""1!I'llt,IIIfi lhe ,,,,,,/i"d,i,,,, nI'
IFID l'III.uI,,1 "lgrtlll.J;w tl,e.111111ll .tme:h
/1tI "Att.:hmenM)
2;. fluwt:v.:r.mentiun.:d~nthe, Pn..esidcnfs Ic=ncrof 4 ApriJ'00the
Ct)mplainun(Auo~hme 1. he was ulTereda ~onsult~ aon~lyrar&het
Glubul~Ia:hun ansmwu s.:ritlU~unside bn.le Fund fur nin.('»
&lift,=itaca",:;c.."i!n Ih.: Fundand tn:atedcundidalas requinbyIJ
JJuragrdph(tufthe Pn:sid.sBull.:tinNo, P8IU4/01:
"/1-:ID 'CiI,Ih"I"o/II",l"If .'c~n'It "'It,,''I'U'.Il;''1I
Vin'"·"I~l (ihht,.lf"c:h,,.h1hu.iI~ liN"I""In',"c',I'Lf
tin Î"/f.,·,ure//.lu"'ppI,l' Ï,,•,;.intl.IIlh(,,~r)1
IL'"'c','1"f.:f/f,,,lln.'~lNIJ.~'/.".lw .,uvc'nlilic's"
fAttachlm:~I) 0
!6. ThDcf~n d)ganif.ati.hc~l ~i;"ra:'.al.'e"Om plaina~ml .,udy",
;ut&:tha' .heURPM \vasd","\:lanpplkabl10h&.cTunlnks,~wa5t',,-em&.-d
IU:h.,:IF..\~ra If,lh« \\i,hin trnc:aningrhe,·\gn.oc.En~llIblishin"
IF..\'n til\:pïlr:Jyrn21uf IfCump'uif DtriiClr.ti'~)J·.n:n~s"
CI,'is'~tin rh.:fè,lIuw;ngwurds:
··On.he .C\!";'iE itS..(..'r.4i."-:;J\!tpl' ,h••,e 1~'\J
·.'ilIIL'uIf Ihe: .ht,,,,.1(t(Jni,;.""n, h,h~<t'o1••
\t.n·hitlli.rhec'''II.u,,he,..-,",IIM#\'r\Hr"n_rf~
Ffj'UII1.RL·~'Un. .~:C:,.n\chtr"!tlllila11~•n'th.""
di.ri' 1ii "".UhC.~1'f "IhceI"rc:,..ill riakc=urc
,.;g.a'l;".ar.i..". "d .,"'l'''s, rakl,cutp,h(if.,h.tI
\f,,'\: fn ,e""iC.m.IIIsfa,l'l .r~llII:iJi"~e:\'I."t!l
1'1IIIJ ~l"i~l\) tU'lI:I~,U I('II, ti,rcIfIJ(~IJ~,.
., rhe:".ha' han'" "hile: .,..,,, (IDi,'i.d.I",,·l, ;1,.""
l'n''",I,,,;n•,;.'ill/PITI '~'ilJd·Y"f""'L\ hJl~r
tlflf.~ ..(.IDch.n"n0)
27. ,\s lhe CumpluiVasa ,;talT.ncmbufthe Glubal l\1\.'\the ll&.'\:i!dun
nul tuexlcnd her••ppoin\Vilaken by theGlu~I,"'"\:hanism.
18.Furthermore, similar lu lhe T~undusi's n Jd8ment Nu.1509. even
.he tùct the Fund did apUWft ~tutegula.ions. rolepoli~ o l.-s
Cumpllainant"he .did nllt un tha~umeco&1.nember or its st"ail
. intenls0 purpt...a. 'l'hi»means that only Ihose,rules that have:been ll",aclan.od
applicable Il)the Curnplainan~unsidee:bnI-eTribunal. and subja:t tu .
lhecundirionsund.:rwhich .hey have he:cndc:.:lun.-,d.pplicable:.
(3) TitTrlbun.1ma, aol entert.'. pien.w. In the dftlslon-maak'nl
procesortlle Glo~Iechaals.. .
29. rhe Complainant's tint pie. is that lhe Managing Dim.:tor ur lhe G'ubal
Ma:ru.nism excc=cdcdhis aulhority in dccidinl not ~onlraeTcit.T
allegec~~e f.aUlhoriti~!'Cao·~tlns ujasdecisiun of the Managing
Dim:torf Ihe GlobM~hanis not10 irnplc mh~nrgramme urwurk·and
the !ttallin. approv"odby rhe CuofthePartia rthe United Nutiuns
Cunvenliun10Combat Desertitication. The Cl,mpluinuntcontodbeilbat
bn.-.Kof th~femuran ufuUnderstandi~onclu detdeen the Cunference
of rhe Parties tCon\'e andtieFund (Part (1)of the Cumplaina",',
Brief,,\Ctachmcnt.
J(,. Accurdingly.thn)uHh'herpica lhe C,'mplainaninvitingthe Tribunal
10cxc",,drs jurisdictiun. which wuuld cn:ate a s~ulltemp asnut,--d
Article XII. paragrnph 1 uI\nnc t~the Statute uf the Administr.llive
Tribunalof the fntemati,'nadLabuur OrganFund.R.osJJe'=suymits
.rha.he·Tribunal !iho,,',,'reis invitation "nd de\;lan: lhil' it h.... nu
.juri~Ï u:cttr"inpleasurfla"" in rhe ,'"...:islpnJ\:css uf the
(jlub.~r~~hanism.
,.., rhe 'frib."'IInot~n"rta pil~ .,Ilawi.thecfftf~"on-lUdk'n.
proc", ..'h ,undl'hic. ma,~n'ae'antinlnth,decl,iü.-makl.1
prtWf•• rhe(;lft"lIll .l~~h.ni~
l'.he (·."np'aima'\"''\l,ril·id.h.~"n h:dgcf nfh ~luh:" .\:hani~rn
cliltnnf rc."'fulRt:he c,rh&~nnrp'il "i..hyl1hf'ic\:tout.he
,(il...\f","\:hl'.1I1f.!ut,h ('ump'ainanfs Hrid: ;\ffil«)" 'IIhrn~nr
,,',Isernhul1a'.~ u ~,:)nS hl(l~~r'\fUirul'.n''he:C"01plainilnf..
~ltn .lIn~,t:1llnhurabro.h\!':unrheFundwi..hcfo11uilaur.. in
I,,'clc.:ll rhJIrt'.earli1hunw~uldh-r\!tl ruiJr~rd.:\hn~,nh~:r
Ih~ rVc.:nt:l.l\\'"L.'\:e:.i~liInnlCfn~rhIFund'."hkhrnily':1I'ai'
c.:~il letci.i1,HnJkngpn'c: iche(lcth..\'c\:h.llli~m.
, f)"'
...
.12.Asc~plll byltk.I-d:mationalCourt of Justice in Ihe nn",,(....an
inl,--matiu~oW1"r tribunal may nut cntert..in piedSuuf iln ublilation
of Ihen:spundtpurtyrua dispute whi.:h~nta ~ixumin ihnl~gal uitly
acls ofan absent andindi~~n tsiabpartl. This principle applics tu
intematiunal trihunu'. b«ut"llteir inllerent limited jurisdi4:tiun.im:sJ)C\:tive
uf wh~.h he.,hinplUtY is un international nrllllhiJ:iltionor gruup uf Stut"os.
whi4:hhave nut recogni:lc:d,he Tjuri~M:tiunJ.
3J.Asn:vealc.iIparugrapl2.3-3of Ihe repoorIheJoint Appeals Boord.in the
present':&Ii.unta- to determine whcther the post of the Cumplainant b«amc
. n:dundant. il is nC\!ttoS~xami tneebudlet and n=lataf prm:ticesuf the
{,lobaMc.'\:haniis reportinl und u.he:rint.:rac:rionswith Ihef the=n.,...:u
Parti-=10 the Conventiunal w~1I ilSdae tenns· of the ,,*Iemurandumof
Undc:ntandi. hctween the latter andlM Fund. Cleurly, the Tribunal wouldonly
beable tu undertake su.:he"m:isc if the Conference of the Partiesor at least the
(lIobol1C\:ha hadicc:cptedthe Tribunal'sjurisd"",Jdnml.
34. In fact. the pl,.-. raiscs issues of ac.:ounlabilityfor the c"ercistt of dis.:retiunary
pow-=mof the Mandy;nl Dim:torthf~ lobal M.:chanism. whil:hlk:confingto
Article 21. paralPUph1theConvention as weil as paragruph 1of Decision
24/C( 1 oPt~e Conferenceof the Parties Conv~n. iirsnn.d tothe
C"ntèn:nceof the Parties.This is implemen.cdin Sectio~femurandume
utU nd«'Standibetwt.etheConfen:nceuf the PartitheConventionand the
Fund. ",hich reitchdes the .:competevceoftheCunterer.:e of rhePartia:s
inthis regard.
(5) Theà~t ~IO.pl .JeDot attributabl. to the Fund
3S.1neilClof the Monagin. Dim:tur thalubal ~f,,'\! n:lan.dlohy rh-=
Complainantare notaltribulabthefund.
.16ro und-n.and this uwrtiun. il ;s nCl:bri-=tNterlutheltrt:"iu'e,Or
Ih.:aUributÎunuf wn'nglù' a",1Stoan in'mliltionalllrganiLation.I\C.:urdinl .o.he .
pn:v:ailingdoctrineintema.iuna'p.xti3\:'c.dIas 'awun.rnayauribu'"
ruilint.:matiunlJ"Iani,at;"n,a-:and omissiOnsufifnrgansof am,."s
.ilnnatun::lnd ufagenfSinth~.,en uftier.e:"mp:'c rhekifk:~lsin
u,:fh 8.,.rJ'lU'f.". t~purp Cf~)u~tlil .$~autirncrn1o"~,,,\:.,,,. rhe:
\yurkrh~ t:nil.:d N.di.,,,s Inh:mr..aCutnmissiun. '.\hi..:;.d"p'c:d
fpro\·;.-iiur, .:I.,flnwinl \\utdinru'~:ar
f ',,,,t"";1"~.,,""'P"Ift,!.llra/ial, 'ud"~IM.JO.'i' ·I.r~tr.J~ Jr':lph'i
, \Ir;""PI.....,..
:( ~c:,\,-",.,.1(/l""lt.,"·"ffl/llHill,·I,,,lfj""('".ruuk "~n'~ S·i~."t
~"h";( ;h:·"'r".Il"•I,,,"N~\""'.\L,·,le.'\f1.•'rh'"ft~ ''4....t.1'",
U,\V\\Nf\'.lIt~"hu,tï·,. ,I}"l,I,!-'il\rMdllnc:ntf)'
Il "Ge,,,,,,'·",1. flltri6ull","""J", I, lUIi"tr,,,,,d,,,,,,,
"'7l"",:MI""
1.n,e('IJllj,~,1I.,"."r~',il",,,'II,,,1ll""i:","l"",·
I~ l.,,1Jl(';Ir m',IIIIp..'il""'I1U .i~'pu'".d"Ih"
"rguni:,,'lu};""'III,,,"uhe nlll.,iJ.CL' """':1 Ifa,
"'1f,i:",i,,,,,,,,JI.'" i"'':"·"U/,IIpl."'iIh,' ",.""".
,~/l tiJu'f: r"J~c;'te .flnlt·I~ll m-g,,,,i:,,'iIHf.
,L O''1lu"" .!dl,';"l~'~II .:..l',Il'in tlpn.·(,,'dillg
/icIrr'llrtll111,)."1,1i"",,,·.,',,Jer Il't! n,,~sl'I!
""X"";:"'i,,,,. '
J. fi,,. P"'''''l''l'"L1rt;, "n/,I.,~,e."''N""i:ul;",,''
m,:",,;1pclrlin,I,Il'f! ''';l'''''.111''{:l,·d,,,,mJ
"'!""' {,d,"'te ""H,~vuim,1,,,l'lp;"""c:un/"",'f!witlt
Il,.und(..·.'l'"hli.'I''C!c,,"'lt"JpI'I",t,~llhe
'/. ...
"l'gU",11111.
)1, The octs ~umpl;athep n.~ cse,retthe3Ctsipieu B(1)and 9(2)inthe
Complainant'Brief. a.hedL'\:isiof lh~Ia .ninl Dim:tQur rheGluhol .
Mechanism no.to renew the Complailla~(lnt und h:sappraisathatthe'
corbudset uf' GlobalM,"~han Rqu_n:dsU\:h.-:,ion.
JITh~ pl.:-.asùverlothe f-=,t dthe' ManaSin, Dim;'or o'theG'ubal
~ . hani isneitheurorgan "f the Fund.one orits utliCiulsa ptmIOn
.:n.rustwithpart I~ Fund'stÙl14:tÎaithin tbe.naniofthegenem ru'"
un attributio~ond. .antinternatiunalorgoniza.ion.
J9,Fir.ld,theAgn."C:ment stablishinl 'he liltema.itJn,Ort\lricultu.-a1
D.~·&:Io duscnutfist th/\tlana,inl Oinofthe (ir~,~h1&l.'Ch a.lnism
une of .he urga"tli\!iofth fund. SC\:undly,~Ian:l Dli'\:orof .he
Olo"al~..\:hanismis nut,aIl memberofIhe fund· within the .neaofn.,
I\rtk:'6. S«.ioIlof .he .·\IIR--Elstablish.he Int.,.i.,na. Fuli".
.-\sri ..,utv:'urmenlS ,.inot appuint,,'Ihe,PresidentpUl'5utthe
saidpnn·i~ iu'pUr.Wlntt".he ~lemuran ut"UJnen.andinl \V;th ,he
C.,nl~ n,d,eP.ltis'et\IIa, :h"d ~n,ts
.JO:rhis ifr~$ U1.wfli\!,rhil\:4:urdiArti~ ,.ara!rnpla4'oqs~,nr~n~c:
ut'rhC\,n\"~ rh.il"aI,m.~ha,, ;haJ'ÜO\:ljund« the aUlburity,lfd
:;uid.mll~,IWeu"t~" uf,hc&Plri-s.aqhe&tI,.1;uun,,iti\t:~~".d;n!l.Y.
S\. .~nt.D u(ri•\'~l fkulr'ufL'r~'and h.nc!''f'ltunl,-::nItf
rh.:Prti,tn .he ("..n\c.ln,die FUl~f;". .h.til:,.nt!U11f)in."\.:'ur
•~.h.:<i'uhaf\1\'\:IJ\\I.I1.n,"in " ylhe~\mini.",:,1'""e:t~UP
.111ppu;n'cby ,he:"rc."SIfrh.t'tln,,\ttOl\:h,",,"n,r\sand KI
---_._-- -----
"'"il.\JJI.hu\'rnn.f ".«'"""n;I;Rq,.,rrrI",tIr••"lift).,<"i,I"\fa}'et
'UI I~~ tulrIt .\..f~~"((H,171~""·r on,h,.)'-."(."·,.,;".h~"'4',,..,ncmc
,;.,. l;ClU)""P·.r\':tI} ,.r.r"~.,f,,''''''n·purr.l,un
11~.
~1.l11~'ilna liitorJf rheGlob~lcchan isn5m~n~rt Virhany pW1"f.
Ih.ru~tio un h.Fund hut ex~lusi \'htr. fùl't\:tÎonsuf Ih. Global
~'~-cha ·nndt.eCunl~n: uf.lhe Pareia to Cun\'~nI tnion~i~
,I~-ç ilttnr.*llrhe Complairuant·scunlra.:t and his apprai!Cullhatthe core
hudgd uf the Oll~1t:ChO ':uin.such action. h. could nut and did not
. ift\okctd,.int-.en:.1sut"rhe Fund. but unly ~'«hW1ifanrheGlobal
Cunf':R'nef P:ut10.he Cunventirh~.:aeture·.hc a.:.hocàeno'
he attribulurhe Fund. Cunsc:••he Fund Cil&cuc:ldaccuunrablc:IOr
thcsikta bc:tun:th. Tribunal.
"'2.The'lln:loÎnl applics a'suto IheComplainant', pica set Ibrth in. parugrnph.26of
the C\lmplllinant's Briet: SM submits that c:\thatthe hudKel
NI.rictiun Indy intlhe abolitiun of h« pust - a matter. which the fund.
n:rninds.he Tribunal that ir may nut c:xumine.- it did not require the non-rcnewal
uf her contnM:LShe invokes Chapter Il.J.9tb) of the flRPM in onIer tu
substantia•• her clush~was nocunsid~ fdrany new positiuns in the
Global Me..:hariism,nur for any trainin. tb~n required tu make
11er'1uali(PlIBt(3)of the.Cumplainanl's Bricr. purAttachm~nt
o.).
4J. A. is the cac witB(1) and 8(2) in the Cumplainant'sBric:f.any decision
not to considc:rh4:rn~wlMfi.iuns in the Global M-.'Chanismn.or 'Oruny
lnaini"•. that .hat mbc:enn:quimru mute hcr 'I..",. even if Inte,
wereacts of ~Ian.g iinclor uf the Gl~I~hani smrtëm:d10in
paragraph:!6uf:()mp'ai Bni~::hichcannutbe attrilUthe Fund.
IV. ~IERITS
(l, The Funddlsch....Ildu.,01~.rto.anl •• lteCompla'na.t
+J. Ev"a..~in8 ,hatId-."\:is'i0ncunsider roriln)'n.:wposition in the
01,,"~1r«huni su,t.:anytrolinah..har rniKhthuve hâ:n re'luin.-dtn
Inale.,:hc:r"ualanrihuri!,ihebund,stiJsubmis."I·hul'h~"gd
R:~,r 'c'nu'":uin: .hnun~R. fnhewraunfr '=3~:krrt Sh.:
inVllChil .p,."·Jfb)uf HRP~ rnun'.:r ru suhslh~Tai," rharsite
\\ k,'u"/lfid"tdiUI",-"I,tisitneIh.:(;'''''0'.\f~Iarti~5amny
't:.Îninl.~",cighrh~","'n .'tf tm;i~lkdl:lu~arPartitJ-udrhe:
("'J,npIf :lripalnl'ph!":\rta\:hr0,.t
'iHm,Ch:r. hl,rh~.fui"r .'ppcnuarc"in m..kintiti~ü"rn tisdt;,
f"llmpl..inilllrhe:f;rr.(11il 1t,·'~,ufrhIIRP U\:f"1.f'ply
ft) ry \;I1uf Ih.:c.t.t4:n~hr i;n.n:'l)h,"~,offh~r~Si~ t'l:ll"
Hu"~, iCnPBU.J:f" (11uf Janua!",14. r("omprainah,lnu .:arli.:r·
\!,11.,lu)m':I1'i~unt\\"4:n ,~V..cunrr o Jtrkltrrh.: hi.'
\r,,'\:hi.ndsrh\:rdtlid nu'hil-.=arun'r:l;,~rcult h~'r::lrfi~r \!rnpfu)'.n-=ntwith 'FAD. Acconlinllly. li"e IA~al.inBourd. fh~
Cumplainuni\!mln,~ (:tu~slllInd claiRISIhal Chapfer 1'.or'the)
HRPM applia10h~r(\ltachmcnMs4nd Rl
-'6. Nun\'ilhslache'OR:lluing.Ihe'fribunali. n:q.kllIhatac(unJitol
Ihen:sponMuf the l\<'anDim:tor uflhc Glo~'C\:ha :ubmsi..10Ihe
Juinl ,\ppeal. Board un 21 s-:2()c)7.Cumplainant was u'T.isi~
monlhcunsultallcunlr.Jwith rhe GIub,~r~hani l,in. sIN~Iùa-d.
R-=pul1ed.htsi~-mo onsultanewu nwant tuhuifdthe Cumplainant's
capacityandtoIrain her. In mukiolr«htheOloball\<f~ applci.he
relevant IFADrul ~"l14:emilhe dutyor Cati"''''C ,"UIIJu 10 the
CumplainantThen:torJ~}i"'1the GIQbaM~hani. a:curdcdher thsome
In:atmenllhat swuuldhave &.:enSivcnby lhe FuncLhad she het:nun IFAD
stafl mt:mber.(Atlachment H)
(2) . -fh'und IIppll'tlIIRPM procedures t. Compl•••••t
-'1.In Pan(J)of cheCt,mp'ail14llt'sBrief.parasnaph32, she invukes the Tribunal'.
jurisprudenewhich states Ihid lhe de\:isrencwuati:ceterm \!ontract
shoul~ b.. -d un vaR:llSUnund no·tlawunthe implenwntation Ihe
proc:c..""s.ascdon tsilallcs.. cthe Fundid not tullow prœ~ure.
NlJardinthe rcdundanas!llalinthHRPM.
48. Simifto the JuiAppea'. Bow:-Ihisubmissiun ignolhetà&:rhat tho!le
prŒ&.""un:csannut otostatTof uther ~nrit Iacaehostcd by .he Fund.
It pn:cisclr.,r thutn:that puroavapI((ofthe P""lCideBulle.No.
rB/04iO&:,' .S ~'~pplicatiuf tho .ovisiunfnJmthe HRPM ru'cand
IJn-=,,-tshuhave heen tI,,"\dppli(abon then:'alionshbccw, h~n
fundand th'persu ofnneGlobul~fe\:ha (n/\slI.acMhm~nt
-1CI~a treFundcannulbcrcquirc'CIpplyi•• prOcedrepnlingrcdundancy
tu pt:r.Mm'hatiemp'u)'loIheGlt.lt~.\:hanism.unl.h.auenclaco~ts
arc shuukfen:by the~id "-r1IiurCMCOfltCn:nceut the Parties ,,, ,he
("un\'-:ntTh;s e.'tpl\thyil\vasr1«1.'!Ilue:<c'ude.1ImpnJC""" .U~
undc:purJgrnphitcuf rhPR."Si D"ulr;,do·~OIIJ4,1J1.
(.) 'fhe Pre,••",., stutrNS_1,rorrrlMlnlt.,.Ioli~\ppelll,Ro.rd
r«omo.mtl.t'.ft,
'fI. rhe Fi~funyil\~ ..ln\::Jf:vuflM fribuniwhidl m.Ie..de ....d'il'
'.,·hrej,,~ .1,i':nulk:ndar"f .anÎnh:milpp.:ial,hudy lhaCf"\.1u"
":,..l1p'&.,e,i,,~I,"'-. ml:lise:Ciffldcdg.:.(c.rJ ,~'\u\';h
~'\."iuf'\fft.):rJu,'~m ~c..1u5'.'111.1-1..J55il~61,.),_
~" '1rhe:prc:s""i r.eiunt.,\,'pcflCla"a. i• ,.""Jdrnc:"da,,sthe
mi,r..k-impn: rhs'iemFlnd ,-"imp. a.lffm~rn un dl:(iI"".aI
\rcdt~U Ir;i~nm..he:;1:ru1inritc.mt Hf h(n:I\!\,.tlTiIl,~e:,"C:llr"
l ,..
repnlingabchus1inlothe Cik,a.,.hanis bymrheFund.hefUl14:tioa.=ds
,Indilvailahilin=souR:ar'derermin.:dbtheCiluba~ft:\:h Taheiuit
.-\ pl~St*" WillIh.rctbn incLJITitn:cummcndina.hat the Compl.....
:chId be"~ins ..dtu iposiliun in lhe Glu~1a:han •,5 \aI chu.he
Global~f~hani ill ~panate~n 'roimthe Fundliu~h·n:cummendulitln
~:dtm lds \lftdrRach titheFund. The !lameis lnaefur loinAppeals
Bouro·n.-,:un1nwnd:dIhatrheCompluinant ··award~ a p"ymenlby rhe
GM uf .1~alar aJlewsJK:c.nd~nt;tlc ,hu l.e:hn"'ussinee~fan:h
2006". Clcarly Ihe Fo~ann uu'atenlly impose slk:h an ,;"Iiga.iun·un the
(ilubal .h&lll Fuslal reasun ,he in hisof"lApri2008.the President
n:iteratcdpanagr.aphliCth. PinidemtBuU.in,Nu.P8I04/01 whkhmakcs
,hen....cwofconrra.:tuemployment wilhIhe Globa~..chani5msubj"rui
theIUrI\:liln~- cn:dvsilabilof~soun :Attc-men."1)
52. ThcFund belie\'csin.he context of the hoS'inlarranlt,.he Glohal
I\fIC\:hanth.tt leU."..uf 4 AprillOO8 mects lM standards set by rhttTribunuJfOr
subs'anlialÏIldccisionnoto relleW• lix.:d-t\!onlrain.parficular the
appruochadoptcd in Judymt o.2699.(Arta:hmeJ)
5J. Furthennurc, durin. a .mce.ilhéCdun"1 uf dte Complainantun 25 June
2008, tM issueof rwn-renwudi.~,. ,.whch.\'t 10the Fundreaso10
bdicve thlltird~isi o!uld."".. tth,m funhcr\!Iatifi Tcerfbr, n.
'ulluwinllhat 'MetinS.IheGent~oun ofteefund reilemlin writin. on J
July 2008 that ·'t. ubulitiu~au·Mpost by the Globall\olcchanismarldthe
conk'qUcnt non-n:ncwaur her \!ontnll:t in.lICconiancerhtre'"vant
anungc:rm:nlSn.1IwinS ahtthusrinl of die latter bdidnolrctk..id
any way un heabilili-r ha' pctfUl1'f,, Ihis w.httFundaddcd fùrther
clariticat10nth"Cumplainafby emphasizinl lti.tahatlhe Fund and the
Globalp'fC\:hani ..asimi~àen.AU G4.:hmen)t
54.U~er .hes~in:umstan cun!utse.ied thacthe Funf3il ' 0stur,he
.n:Wk1I,.wn.;",-.lh" Joinl/\ppcals M:CJmmendaaiunl.
(4, "1ae.\I.n....DlrfttoriI~t",,d,.hl•• u,lI.ril)' Indeddlnt.ot
rfnew theto.pl.fa,'rontrad .
55E\'\!if rh-=frihunal w....", cump.:t.:n.rhe pic.'ha. th~'~lnag;nlC
Uim:tur~.,~~ ,i;w',uJi.i."~"~;d ri"O R:rw.\t'c()rnpJa;nfJ~urura~r
fP~ln "l.It~ Cu.np,..immlOriet.he("omplaini\!ou'.IUpe",.m."\:3U.iC
lhe:\far1i1g;ngDinr',.hieh."~f~"\: 'I\:&n'hi~hi"ur"uri'Y'
if}Ir'in'\:Jd ,hal.,\:,,,,"fu:\.rid~:ft·" ,.,. ,Ilt: CU""L"\\cla~n
,Mragr.."h! u" f:_tt!.J.t·Op·.,ihcCc".t'=rcCf,he Partic!I.rhe (iluh;"
.\f",;han;shall rÏJndÎunund.:,.rhe:Juihuii.y:andguitfuncctif 1'1':{",t,,',=n:ncc
1';lItic!tilniI(~uu nuriahrt"ln"" .bat.ll'1u~s r:ga"''grite:
:It,rlturitlle \fanagI)Î":cluf,hc:(auh;" \.,,;smbOI'l"..tn~\\i"'n.:"
,5- hy ~"n!ideri ..,ngem cntmade by Ihe("ontt:n.-ncPartie~sanlinl
hisilu.hur(AU3\:hmenls.-\und B) .
57.S~tiu II.A... uf~lat Knum o.Und&.~.ah nediwnt:eCunfè...-uer
lM Parti":md .hefund pnn·i..'~Ithe ~'anal Din:tl.ur ,he Gluhal
!\I~han ,alllen..-spJl1I"rpn."arinproposcslanini~f.,sene'"I'IIlIy.
as i~unli lnhillu&t.&-dS\:rihe.i.rcsp".. ibl'cadin.the Gloh...
\'C\:hanis.n wi.h manall'aiponscs. ;m:lubudgd adm;n;s'r,,';on and
~tan .inAtt~hl fnt
. .
58. I\ccunlinyly. wi.bbudgetarlimits establishelheC"nl-"n:m:euf the
Partiahe i.tullaUlhorizdoil.UCand",,~ indw "urk'On:n.~ui by:d
the(j'ubM«hubism. whichhe-diin tpresenCIIH.
59. Bueven .if one we~"n..: tauhedid nohave theau.hurtu d,,-cideon
Ihe nun-renewalof the Cumplainant', . e im:8ularity has b,,-enn:muvLod
bytherà&ha.thePra;d.:eontir tme~c.:isi(ArtachmcJ)
(5) ne 'Fand h.tod~'e trtheM...... nDlrHtoro. the 'ssue o( the
JUltlfl ~.heJnon-rene"aJ ., contract
60.Even if .hTribunal w.:re compet.:nlCrtathe pl.in Part B (2) uf the
Complainant'sBri(i.'·TheilpproV.on:budlet did not rec:Jiminalion
urcnmplainan.pu~I ·eC)umplaina~oul ndtprevait
61. Ir is l"CCt~ddecision. reganling!ltanina and bUl1uf the G'ohal
~f&.~h antis,n1Ila.i:ftheC"nt~r enIcePartito thConventiun.
As ~fuiknd.JctionIU.A.6theM.:murandumof Und"T!ltandbetwccn .he.
Fund andtheqontè:n:mut·the Partia,.he Cun'approvestheprogramme
ufworlcand~ge' uf Ihe(l'ob~..han; sur,uriztheE~L"Cu ~ni:teary
uf the Con. àtk.toComhat D~rtit;& o t.aiJèrn:suun:es from the .
G.:nendFund:;"heC~vcnti r,hn Fund. These funds.admini..t.Iy:c
.f.D upunthlin~tl1 uf t:M.inc,nn sim.:twho i,lfunns.Fu"d uf
,he:stillr.d..h~n5 uf ,..h~hahltn:imb~- td.he Fundund.s..-cdon
VI"t.he~I() fh:n:f&,rer.heFundhasnoaurhtC-:~iJ, l\ftt;rWecrre
hudg\:t irppn,hy the Cun't:n:nt:e utParti&:5n:quin:cI dill1ina.iun t,f
C",np'uinnnl·!fP. rh""''';5e,he Fund \Voufdhe";I;O,.,irnp~,;atr
ctnthe Ofnh~r...-, ~:lPddnirsinbuts&:mt:ul"'an·rhrhe:fau"... may
~Hrl! fatii, Ing&:r,,"' ~\r\:nk:nK)
,f,'.,".'
-.
v. CONCLVSIONS
62.Bas~ un rhe"gruunds set tùnh undcr Panagraph III above. Ihe Fund asks th"
Tribunwtu d~l~ thut la~ kuisdictiun cnt~r Iha'\lIôwingpicas uf Ihe
Cumplainant:
a. Part B fi) uf rheComplainant's Brict:
.fhe~fanag Din\rore~&: .dhs d,.hority i~;lI. ionto MlCW
Ibe~umpla~ iun"l!ract"
b. PartB (2of theCompluinant"sBrief:
··Theappro"'çd cun: hudlclnulr"'''Iu~limina otrcomplainant"!
po»t"
6.3Ba~ on rhe grounds sd furth under Parngraph IV above. thasuuIhe
Tribunal to declare .hat: .
(a) TheFunddischargcdilduryof cure towarus theComplainant
(b) The Fundappli"ils HRPMpnJ..-duresto theComplainant
(c) The President statcd the rea'orrejectinl the Joint Appcul. B.,aRl·
.n.-commendatiun.
(li) The Managing. Din:c:k:tewithin his au.hurity indecidton:new
d. complaint". contnacL . .
The Fund has 10defer to the Munagins DiM:tor on the issuIlh:
juslification uf the non-n:newa' of conlnh:t
64.FOR TIIESI RE,\SON5. 'filE DEFENO,\NT ORGANIL\ TION
RESPECTfVLL V REQVISTS Till TRJ8VN/\L TO:
DIS~II rheClJlnpluinant'scomplainl
" I..ST OF,\1T.\CII~IINTS
,\.t-.k:hl :nA Uni•.NiI.ioNCun",,-nttu CunihD~rtific inCoin.ria:s
E.,,,,-';,S.:ri&1SnlUghland/D,,-sc:rtiti.;articularly
inArric(UNCCO)
.\.rrachn14:n.B:De&:isÎon4tCOP.1. Organi,-a'iun,,, hou..e~fe\:hanism
andalrecm~ ,, il. ,nud••i,i&.'S
"Uachlnent C: D~isi IOiOP.J.1\fcmoranduufUndentandiniB~.w.c heen
Cunfen:nc" uaheParties urheUnilat Natiuns Cunvent10n
Combu. Des.:rtiticatithe'ntenwtitmFundf"r Agri.:ulcul'il'
D~clupmc: negardin..ho ~fodali und-=Administralh'C:
O",.ariunsuf the Global Mt:ehanism.
A.tachrnent 0: ni ~..n:h !()OOcon.racl
Altach.-nE: 22 Man:h 2002 cunlracl
..\rrachmF:t "U5Man:h 2004contract
Atr:whmen.0: lerrer oNutitica,juf N,'n-n:newal uConrrac:,ium the
~Iana. iirdur orheGluba'I\f~iJan;sm
l\ttachmcH:t Response,d' rhe M:an88in8DinnIrheGlohalM«hanism rll
~fs SuezStaterm:urI\ppeal rothc:JAD
AUachmc:nft: Reportufthe JAS
,\trachmt:ntJ: l~tr 'ur thePrctid.0"'heFund
i\rra\:hmentK: ~femtlr: uflinuesfill1dJ c:lwc.he Cunfcl'eruf.he
Partiaut" rhe Uni.:d N.arions Cn,"~nr r'uCunmbat
Dc:sc:rtifkariunin C.)lJn E'.p.i~,n\:S~nrilDnJuyht
am""r D"-lIcrtilka'iun,Particu'ar'yin ..\r"lt:mar;u"a'he
Fund li"\8f'Ï~ uc:t·:lt:tc:c,ganJ;n8r.\fu"a .'11,ie~
,\,Jnl .icfl~"triuns rhe(iI.,;\f':thanisU1.
,\ua~h L: m:n .\gn.~ m.abll••ing rInrcrn. fn"il..\rtuhur.eI
UCh:luprJ1\:nt
.\'t~l \:=h," cr:t,l.:nr"..U,"'11.'''J.01 ,\.t:h:hm.:nlP: Ca..to~~min E8wat'fim(P"","gv. ,-III.YJudgmc:nll,f
JuneJO.1')9 IJ.
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,.,, ORGANISATION INTERNATIONALE DU TRAVAIL INTERNATIONAL lABOUR ORGANIZATION
TRIRUNAL ADMINISTRATIF
ADMINISTRATIVE TRIBUNAL
CH,I Z Il eENÈVE 22 CH-1211 GENEVA22
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AT 5-2568
REGISTERED R.R.
4 Novem ber 2008
Oear Ms Martha,
In re Saez Garcia
Here is Ms Ana Teresa Saez Garcia's rejoinder on her complaint against the
International Fund for Agricultura1 Development.
In accordance \-vith Article 9(3) of the Tribunal's Rules, 1 invite you, if the
Fund cares to file a surrejoinder, to send it to me sixfold, within thirty days from the
date of receipt of this letter.
VOUfS sincerely,
Catherine Comtet
Registrar
Ms RutseJ S. J. Martha
General Counsel
Office of the General Counsel
International Fund for Agricultural Oevelopment
Via Paolo di Oono, 44
1-00142 Rome... ..".
AD1\'IINISTRATIVE TRIBUNAL OF
THE INTERNATIONAL LABOUR ORGANIZA TION
No. AT 5-2568
ln re Saez
Rejoinder by the Complainant
Contents
A. Argument concerning the Tribunal's jurisdiction 1
B. Argument on the merits 3
C. Additional arguments concerning moral damages 6
D. Conclusion 7
Attachments
Attachments to the complainant's briefare referred to by number (1-32); attachments to the
defendant's reply are referred to by letter (A-T) as used in the reply.
A. Argument concerning the Tribunal's jurisdiction
1. The defendant's reply has gone to considerable length to argue that the Tribunal lacks
jurisdiction to hear the present complaint. The complainant must assume that the relevant pIeas
are made in good faith, but nonetheless she is astonished that the argument should be raised at
this date.
2. In the extensive exchange of correspondence and pleadings between the complainant and
IFAD, beginning 15 December 2005, the defendant has never suggested that it was not the proper
party to the complainant's claims. Its Director of Human Resources Management advised that
"facilitation," which is prerequisite to an administrative appeaI in IFAD, was the proper
procedure and IFAD conducted a facilitation procedure that Iasted until 22 May 2007 without
result. The complainant then appealed to the Joint AppeaIs Board (JAB) in a further proceeding
that concluded with the President of IFAD's rejection of her appeal, received Il April 2008
(attachment 31). That letter did not suggest that she had applied to the wrong court.July 2008
the Legal Counsel ofIFAD wrote the complainant's counsel conceming the case (attachment S).
He did not mention jurisdiction.
3. If IFAD had doubts about the appropriateness of its procedures, of which complaint ta the
ILO Administrative Tribunal is the Iast stage,tsurely had a duy ta inform the complainant at
the beginningofthis arduous process, not at the end. Its failure ta do so would be an
unacceptable way ta treat anybody, much less a staff member. The Tribunal is requested ta find
the defendant's pleas on jurisdiction irreceivable due to the defendant's failuraise them in a
timely manner.
4. In addition to her objection ta the receivability of the pIeas concemÎng jurisdiction, the
complainant wishes to make the following observations on the defendanfs argument. (1) Separate legal entities
5. The complainant has no reason to dispute the separateness of IFAD and the Global
Mechanism.
(2) Complainant's status as a staff member of IFAD
6. The complainant was a staff member of IFAD throughout the relevant period until her
separation on 15~far c0h06. Her letters of appointment aIl offered her an "appointment with the
International Fundfor Agricliiturai Development" (attachments 3,4, 5). According to the initial
letter, "The appointment will be made in accordance with the general provisions of the IFAD
Personnel Po/icies Manual." The renewals stated, "Your appointment will continue to be
governed by the Personnel Po/icies Manual, together wilh the provisions of the Human
Resources Handbook regarding the application of the Manual." The Manual has since been
retitled the Human Resources Procedures Manual (HRPM). Contrary to the defendant's claim in
paragraph 21 that the HRPM only applies "'pardi' to the complainant, the offer of appointment
makes it entirely applicable.
7. This is only reinforced by the President's Bulletin PB/04/01 which sets out exceptions to the
IFAD rules (attachment 7), including that for continuing contracts. The lead paragraph of the
section on human resources states, "As a matter of principle and where thereisan absence of a
specifie provision to the contrary, as specified below, the Global Mechanism shall be subject ta
ail the provisionsf IFAD 'sPersonnel Po/icies Manual (PPM) and Human Resources Handbook
(HRH) as they may be amended"
8. This is precisely the opposite of the situation in Judgment 1509 cited by the defendant, \-vhere
the complainant against UNIDO had a contract with United Nations, not UNIDO, and
'''accordingto his letters of appointment ... was subject to the Staff Regulations . .. of the United
Nations, not of UN/DO."
(3) Tribunal's jurisdiction to examine the actions of the Managing Director of the
Global Mechanism
9. The defendant makes three related arguments on this subject. One is that the Tribunal cannot
examine whether the Managing Director of the Global Mechanism exceeded his authority. the
second that the Tribunalcannot examine the decision making of IFAD if this would require
examining the correctness of the Managing Director's actions and finally that the actions of the
Managing Director cannot be attributed to IFAD.
10.It is perhaps c1earer to discuss the last argument tirst. This essentially depends on the thesis
that the Managing Director is not an official of IFAD. In fact the Managing Director, like the
complainant, has an appointment with IFAD. He is appointed by the President of IFAD on
nomination by UNDP. His tenns ofreference begin "Under the direction o.fthe President of the
International Fundfor Agricultural Development (lFAD) " (attachment T). His draft programme
of work and budget must be approved by the President of IFAD (attachment 1), and he reports to
the Conference of Parties on behalfofthe President ofIFAD (attachment 10a.).
Il. In addition to being an official of IFAD, the Managing Director is, to quote the defendant' s
reply at paragraph 38,Ha person charged with part of the Fund'sfunctions". He is responsible
for the supervision of a large number of IFAD staff, whence the present complaint. He is
responsible to the President of IFAD for carrying out IFAD's responsibilities under the
Memorandum ofUnderstanding (attachment 1).
2 12. As a staff member under "the direction" of IFAD's President, the Managing Director's
actions are very clearly within the jurisdictionof the Tribunal. Even if this were not so, however,
the Tribunal would still be competent to examine the actions of the Managing Director to the
extent that they affected the complainant's rights as a staffmember ofIFAD.
13. The defendant has presenteda learned treatise on indispensable parties in international
proceedings without mentioning the Tribunal' s long practice of examining the actions of non
parties when these are alleged to be the basis of action by the employing organization. In a recent
case it has even reviewed the decision making of the General Assembly in order to detennine the
legality ofFAO's salary scale based on a General Assembly resolution (see Judgment 2420). It is
no different for the Tribunal to review the lawfulness of IFAD's decision based upon the actions
of the Managing Director. This would be so even ifhis actions resulted from decisions of the
Conference of the Parties, which in this case they did not.
14. For the Tribunal to depart from its consistent practice and agree with the defendant's thesis
would deprive the complainant, an international civil servant, of any legal redress for
administrative decisions that violate her contract with IFAD.
B. Argument on the merits
15. The complainant invites the Tribunal to refer to her original statement, which she reaftinns.
She would only like briefly to rebut certain misleading passages in the defendant's reply.
(1) IFAD's duty of care
16. The Joint Appeals Board found clearly that IFAD had not discharged its duty of care to the
complainant. The defendant first argues that it has no duty under HRPM Chapter 11.3.9(a) and
(b) because ofparagraph 11(c) of the President's Bulletin PB/04/01 (attachment 7). Paragraph
Il (c) createsan exception to the HRPM in respect of "career contracts"; Chapter Il.3. 9(b)
provides for reassignment of redundant staff without regard to the length of contract. Indeed the
heading of chapter Il emphatically does not make such a distinction as it reads, "lt is the policy
of lFAD to ensure that ail staff and consultants leaving lFAD, whether voluntarily or
involuntarily feel that they were treated with respect, equity and dignity."
17. The defendant argues that the redundancy provisions "cannot" apply to Global Mechanism
staff. The complainant can only say that ifthis is so, the President's Bulletin should have listed
those provisions among the exceptions of paragraph Il
18.The defendant also argues that the six-month consuItancy contract fulfilled any dut y that
IFAD did have. This has already been dealt with in the complainant's statement at paragraph 30.
The Tribunal is invited to note that the Directorof Personnel suggestions as recorded by the
Chairperson of the staff association H •Asfor your suggestion that Ms Saez accept a temporary
assignmenl pending clarification of the situation, surely the appropriate principle is that no
change be made in job slalus until the appropriate process has been completed "(attachments 19
and 20.)
(2) IFAD's application of its HRPM
19. The complainant asserts that a decision not to rene\v an appointment, though discretionary,
this does not mean that it can be arbitrary or irrationaI. It is implication or principle of law that
3 it must be taken for proper reasons. The complainant has demonstrated in her Brief to the
Tribunal that the non-renewal as a result of the abolition of the post was tainted with a mistake of
law.
20. The defendant uses the same argument that the provisions on redundancy were not applicable
because ofparagraph 1l(c) of the President's Bulletin. Again, the exception in the Bulletin
appHes to career contracts, not to redundancy as used in the HRPM. Throughout the reply the
defendant insists that the complainant' s claims are based on her beHef that she had a career
contract. The Tribunal must note that the complainant does not claim to have a 'eareer contract'.
21. On the other hand, the complainant had a legitimate expectation of a contraet renewal in
2006. She had been proposed for upgrading in the 2005 performance evaIuation (attachment 8).
She had wrÎtten confirmation on December 12 and 13 2005 with the New organizational chart -
effective January l, 2006- that her post was to continue to be as for the last 6 years (attachments
14 (a) and 14 (b». This is reported by the JAB in para 30 (attachment 30). The complainant
considers that by overlooking these facts IFAD has undermined the principles of good faith,
legitimate expectations and trust, which should be expected from it.
22. There is another respect in which the defendant failed to apply its procedures, and that is the
protection in case of extension of fixed term contracts set out in sections 1.21.3-4 of the HRPM.
That provides that the department head must ensure that extension is proper according to certain
criteria, and
In cases of doubt on one or aIl these aspects, the department head should consult with the
President before any action is taken. The above authority may not be delegated by the
President to any official who is below the level of Assistant President.
As already set out in the complainant's Briefand in the JAB report (attachment 30 para 23). there
is no evidence that the Managing Director consulted or obtained approved - prior ta his decision
of 15 December 2005 - with the President or with an Assistant President concerning the decision
not to renew the complainant's contract. Indeed, the Managing Director in his letter of notice
states, "f have decided to abolish the post ....As a consequence, your fixed-term contract ...can
no! he extendecf' (attachment 15).
23. In Judgment 946 interpreting very similar language in UNESCO's staffmanual, the Tribunal
found that a decision not to renew a contract shouId have been taken by the Deputy Director
General. In the event it was taken by the Chief of the Staff Administrative Division, which the
Tribunal ruled was not the "competent authority". In the present case, neither was the Managing
Director the competent authority for the decision not ta extend the complainant's contract. The
complainant therefore considers as unlawful the non-renewal of her contract as it was not taken
by the competent authority and in line with the set rules of procedure. The decision was vitiated
by mistakes of la\v and of faet, and it constituted an abuse of authority.
(3) The President's reasons for rejecting the recommendations of the Joint Appeals
Board
24. The defendant has argued in paragraph 51 that the President's letter rejeeting the appeal
"reiterated paragraph 1I(c) of the President's Bulletin". It then asserts in paragraph 52 that the
letter meets the standards set by the Tribunal for substantiating a deeision. The Tribunal is
invited to review carefully the President' s letter (attachment 31). It will find that there is no
mention of the President' s Bulletin. Nor is there even a hint of the peculiarities of the Global
N1echanismwhich the defendant now argues justify the decision. The only textual reference is to
4 the provision that fixed-term contracts expire on the date mentioned in the contract (HRPM
section 1.21.1). There is not even a bald statement that he did not think section 11.3.9 on
redundancies applied, much less any reason why he might have thought so.
25. He did not refer to the JAB's unanimously recommendations that the non-renewal was
beyond the Managing Director's authority and contrary to the rules of the HRPM. The
President's final decision was careIess; he ignored the JAB's unanimous findings that the manner
in which the non-extension was conducted was heedless of her career and human feelings.
26. The standards of the Tribunal are set in judgement 2092: "When the executive head of an
organisation accepts and adopts the recommendations of an internai appeal body he is under no
obligation to give anyfurther reasons than those given by the appeal body itself Where,
however, { . .} he rejects {hose recommendations his duty to give reasons is notfulfilled by simply
saying tha! he does not agree with the appeal body."
27. The defendant also makes the peculiar statement in para. 53 of its reply that the Legal
Counsel's letter to the complainant's counsel "added further clarification to the Complainant by
emphasizing the fact that the Fund and the Global Mechanism cannot be assimiIated." If the
Tribunal will examine the Legal CounseJ's letter (attachment S), it will see that no reference is
made to the supposed distinction between the Global Mechanism and IFAD. Only now with the
defendant's reply has the complainant begun to receive an elucidation of the President's
reasoning.
(4) The Managing Director's authority
28. The complainant's Brief has already demonstrated that the Managing Director exeeeded his
authority by unilaterally deciding not to extend the complainant's eontract. Paragraphs 17-22
refer. This is coniirmed by the JAB report in paras. 23 - 30 and 31 (attachment 30). The
defendant has argued that even if the Managing Director did not have the authority so to aet, the
President's decision rejeeting the complainant's appeaJ, received two years and five months after
the fact, cured any defect. This reasoning would make nonsense of aIl procedural protections of
the international civil service.
29. The complainant would not have questioned the discretional power of the Managing Director
in making a proposaI on the non-renewal of a contraet, if the Fund would have observed its mIes
and procedures as they apply to the complainant. The Tribunal has established that despite this
diseretionary power, a staff member is not immune from review when proposing an
administrative decision affecting another staff member.
(5) Deferrai to the Managing Director
30. The defendant argues that "decisions regarding the staffing and budget of the Global
Mechanism are a prerogative of the Conference of Parties" (para. 61). It is only necessary to
point out in this regard that the Conference of Parties decided on the staffing of the Global
Mechanism according to the proposaI that included the complainant's position (attachment 12). It
was only the Managing Ditector on his own initiative who decided to alter the staffing approved
by the Conference of Parties (attachment H). However, ifthe need for savings could have been a
consideration, it affords no proper excuse for breach of the principles that protect the staff against
arbitrary decision-making.
31. In this case, IFAD had the legal duty to itsstaff to ensure that administrative decisions
affecting a staff member were properly taken and that the reasons for them were both legititnate
and openly declared. IFAD also had the power - through its direction of the Managing Director
5 · ..
- :
and its approval of the proposed staffing and budget - to ensure that decisions were properly
carried out.
32. The defendant has argued that if IFAD exerted any control over the Managing Director, it
would amount to its imposing staff on the Global Mechanism. To the extent that staff have
enforceable contracts and rules that protect them, they can indeed b~'impos weihou"t regard
to whether it is IFAD, the Tribunal or another court that does so. In this case, as mentioned
above, the Conference of Parties did not decide to eliminate the complainant's post, butithad,
it would still have legal obligations to the complainant. And IFAO, as the employing
organization, would have to ensure that those obligations were met.
33. In short, the Fund acted as if the Managing Director's acts were free from any review of the
exercise ofhîs authority. Additionally the Tribunal has ruled, an administrative decision is
reviewable even if it is based on political considerations. "The fact ilemana/es from the
Organisation's highest decision-making body cannot exempt iffrom the necessary review
applying to a/l individual decisions which are alleged to be in breach the terms of an
appointment or contract, or of statutory provisions." (Judgment 2232.)
34. The complainant does not believe that this case requires the Tribunal to sort out obligations
between the Conference of Parties and IFAD. The complainant was employed only by IFAD and
seeks redress from IFAD. IFAD and the Conference of Parties will themselves determine how
the costs of il1egalityare to be borne.
c. Additional arguments concerning moral damages
35. The moral damages that the complainant has suffered have at least two significant
components. One is the lack of proper notice, heedless treatment and dilatory procedures of
IFAD. The other concerns the damage to the complainant's career.
(1) IFAD's Procedures
36. As has been pointed out already, IFAD's HRPM provides both for a high-Ievel decision ifa
fixed-term contact is not to be rene\ved and for a review where staff are to become redundant. On
15 December 2005 the complainant received a notice of non-renewal from the Managing
Director; it took her until March 2006 to receive an official communication from a personnel
officer (the Direetorf IFAD) stating that her contraet, which expired in two days, would not be
renewed. The same conlmunication also erroneously informed her that the review procedure in
HRPM section 11.3.12 had been abolished. (attachment 24) and on the JAB report paras. 26 and
27 (attachment 30)
37. The complainant thus had two days' notice, not three months as provided in the HRPM. She
was denied the review to which she was entitled. She was directed to a fruitless procedure.
facilitation, that consumed one year. Proceedings before the Joint Appeals Board went tàster, but
then the President took four months to reject the recornmendations.
(2) The complainant's career
38. The complainant wishes to further expIain to the Tribunal the distress caused by IFAD and
the aggravating circumstances whieh have impaired her career development for the loss of
employment expectation. For family reasons the complainant's priority \-vasto remain with her
6- -
. .
...
children and husband in Rome. However due to the financial commitments acquired she had
faced great financial strain.
39. As a Venezuelan citizen, the complainant had an IFAD working permit and 'carte de sejour'
from the Italian Ministryign Affairs. This permit, requested by IFAD, gave the official
the right to stay in the country. However, due to the abrupt decisionthe
complainant was required immediately to retum the permit. This left her without a legal status in
Italy. She tried to get a working permiti soggiorno' however this required to have
an employer requesting the procedure for thSince she did not possess a legal
document she could not look for ain the Italian institutional context. She had to resort to
be under her husband's permit to have a legal right to beBy doing this she could
not work in Italy and could only apply to international agencies.
40. Then she was left to apply eitherto the WorId Food Programme (WFP), FAO or IFAD's
vacancies. WFP has had no vacancies announced, FAO was and still is undertaking a substantive
restructuring and there were no suitable vacancies, which could offer her equivalent or enhanced
career development. She applied as external candidate to sorne vacancies in IFAD however there
is no evidence that she wasusly considered'. This was unanimously reported by the JAB
(attachment 30, para. 33).
41. It goes without saying that her career has been mutilated as the result of the actions taken
against her and that for those who had known her professionalism such behaviour towards her
was inexplicable. For those that did not know her skills, experience and professional background
but could only learn it from a History Form (as an external applicant) it is most likely it
gave an uncomfortable feeling to seriously consider somebody who appears to be a performer but
was made redundant without the organ's seeking redeployment. This abrupt termination
threatens to ruin the careerternational civil servant and play havoc with her personallife.
D. Conclusion
42. For the reasons set out above and in the complainant's brief, the complainant respectfully
requests the Tribunal to:
find that the complaint is receivable;
quash the decisionhe President ofIFAD rejecting the complainant's appeal;
order the defendant to reinstate the complainant in her post post in IFAD,
recognizinthe complainant'acquireprospectsfor careedevelopment,with
retroactive effect fromeh 2006 and with a duration of not less than two years from
the date of reinstatement;
order the defendant to reimburse the complainant for loss of salary, allowanees and
entitlements,uding but not limited to contributions to the United Nations J9irit'Staff
Pension Fund, potential promotion; "J" ,
order IFAD to pay further compensation for US$ 50,000 for the prejudice"o(.Jhe Fun4.
against her which caused sufferingeedless manner in JIPi\D"hfandled
this deeision with the denial ofand regardless co,pre~, rghs".r~rts
aspirations and human feelings; ~" ~~~' ,>;,<,
Order IFAD to pay tocompl heamnonn t € 5000,r~~o ~~lte fe,s~nd
other costs the present proceedlngs and the Iproeet!hngi' ;.;'/
i'~\ ":"~'~~ ' .~,:
':'~"J::';'
7 INTERNATIONAL LABOlrR ORGANIZ ..\TION
ADi\liN ISTR:\ TIVE TRIBUNAL
AT 5-2568
BET\VEEN
A.'.lA THERESA SAEZ GR.\CIA
Complainant
-and-
THE INTERNATIONAL FUND FOR AGRICUL TURAL DEVELOPl\IENT
Defendant
SURREJOINDER OF THE DEFENDANT
1. INTRODUCTION
1. This constitutcs the response of the International Fund for Agricultuf."al
Development ("the Funo") to the Rcjoinder of Ana Theresa Saez-Garcia
("the Complainant") that was transmittcby the Registrar o4 Novembcr
2008 and was delivc trth, ~und on 19 Novcmb<"T2008.
2. The Tribunal is respectfuJly requested to note that unless. the Fund
expressly acknowlcdges otht.--rwise in the presentSurrejoindcr, ail
description of tacts and arguments presented by the Complainant are
contestcd by the Fund.
3. The Tribunal is tùrthcr requested to eonsider the Fund's Reply to he
rciterated and included in the present Surrejoinder.
Il. .:\RGUi\'IENTS CONCERl'ifNG THE TRIBUNAL 'S.JURISDICTION
a. General
4. ln paragraph 1 of the Rejoinder. the Complainant wrongly alleges that the
Fund argues tnat the Tribunal lacks jurisdiction to hear the present
complaint. As summanzed in paragraph 62 of the Fund's Reply, the
Fund·s argument is that based on the grounds set forth under Paragraph 1f1
t)fthe Reply. the Tribunafa~k jrisdiction tu cntertain the pleas stated in
Part B (1) and Part B(2) of the C(}mpJainanr's Bricf. The TribunaJ is
thereti}rrespecttùlly rcqucstcd to take note of the faet that the Fund raist.--s
no other issue concerning the jurisdiction of che Tribunal.
5. In paragraphs 2 and J of the Rejoinder the Complainant argues .mu
requcsts the Tribunal to tinu the Funtl's picas on jurisJictîon irreccivuble
duc to the Fundts failurc to mise thcm in a tirndy manner. The Fund _M ...... .=
DOX DDU
Acct: 102225462
Date: 18.12.2008
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FROM:IFAO TO: INTL LABOUR ORGANIZ. ADM TRIBUNAL
~.I1ARTUKSEl C.COMTET
VIA P Of DONO N 44 4 RUE DES MORILLONS
. ROMA, GENEVA t
001421taly 1211Switzerland
Ph: 0654591 Fax:
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UID: UID:
DescriptioDOX
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WARSAW CONVENTION: If the tranof a shipment involves an ultimate destination or stop in a country other Ihan the country of
departure. the Warsaw Convention Itmits our liabUity for Joss or damage to smaybe carried via agree that your shipment
intèr01ediate stopping placeseem appropriate.
and DHL a(1such Terms and Conditions and. where applicable, the Warsaw Convention limits and/or excllJdes DHL's liabifity for loss,
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SIGNATURE:MARTHA, RUKSEL
BHl Express Italy S r.1 Mifanofiori, Strada 5, Palazzo U/3, 20089 ROZZANO (MI) wishes to point out that the percmptory preliminary objedion of lack of
competence cannot be raised until a party actually seizes the court or
tribunal concerned. ~foreov beirg.an international tribunal of Iimited
competence ratione matcriae and ratiune persollae it is incumbent upon
the Tribunal to examine its own competence slIa SpOllteand Jecline to
cxercise jurisdictionin respect of those picas rhat requireilto exeeed its .
limited competence, irrespectivc of whether and at what stage a party
invokes a peremptory objection for lack ofjurisdiction. For these rcasons.
the Complainant's argument and request regarding the tardiness of the
objection is therefore without merit and cannot be conccdt.-d by the
Tribunal.
b. Separale legal entÎties
6. The Fund takes note of the faet that in paragraph 5 of the Rejoinder. the
Complainant concedes that the Fund and the Global ~1echani asem
separate legal cntities by stating rhat there isno reason to dispute the
scparateness of the two aforeincntioned institutions.The Tribunal is
invited to takenote of rhis signifieant concurrence of views betwcen the
parties tothe present dispute as ithas tàr reaching consequences tor the
tollowing entical issues regarding the Tribunarscompetence and the rules
that theComplainant can rcly on before the Tribunal:
(i) The status of the Complainant ris-à-visthe Fund (see Paragraph III
(2)of the Reply);
(ii) The competence of the Tribunal to entertain pleas of tlaws in'the
decision-making process of the Global ~fcchanj (secmParagraph
fil(3) of the Reply);
(iii) The competence of the Tribunal to entertain pIcas of tlaws in the
decision-making of the Fund, which may entail examining the
decision-making process in the Global.Mechanism (see PanJgraph
lfI(4) of the Reply); and.
(iv) The extent to which the aets complaint are attributablc to the Fund
(see Paragraph III (5) of the RepIy).
c. The Co';'plainant'.f ,vtatuvis-à-visthe Funtl
7. The question of the Cpmplainant's status vis-à-visthe Fund is of eritieal
importance because it detemlines which rules she can rely on betore the
Tribunal. [f she wcre a rçgular statf member of the Fund within the
meaning of the Agreement Establishing IFAD. quod non, then she would
be able to invoke aU the staff roles and reb'tdations rhat apply ro the Fund's
staff. However,ifon the other hand, she ISmerely a person on which some
of the Fund's statfrules and regulations have becn decfared applicable. she
coujd only invokc those rules before the Tribunal.
8. ,-\5cxplained in Paragraph HI (2) of the Reply ~~ontra tr yhat the
Complainant daims in paragraphs 6-8 of the Rejoindcr. shc is merely a
perron on whieh sorne of the Fund's staff rules andre,brufationha\ 'een~
declan,xi;lppiéable by the President'.,ilulkrinPB/04/0 1 (-;ce,-\ttachrncnt
2 i\1 to the Fund'Reply).As will be st.-en bclow in theconct.~ ieng
mcnts of the complaint.where paragraphs 19-23 of the Rejuinder ure
addrcsscd, the distincrilJll made hcre impacts signiticuntly on the question
of whethcr the Complainant can expect tu be employed by the Fund upon
having becn tenninated by the Glob~fechanism.
d. The Tribunal's lack (ifjllr;.vtliction 10 examine the U,'(JIthe
."fanaging Director (if the Global.llee/,anin"
Q. Non-attribution of ads of the Global \fechanism to the Fund: ln
paragraph f0 of the RcjoinJer the Complainant asserts rhat the question of
whether the decision of the Director of the Global MechanisITI is
attnbutableto theFu~d csscntially dcpends on the thesis that the tonner is
not an ofticial of the latter. The Fund wishes to point out that this is not a
correct portrayaI of either the law on the responsibility of intemational
organizations or of the arguments prescnted in the Reply.
10. While the lawon the responsibiliofinternational organizations presumes
rhat aets of an official of an internatiorganizationare inprinciple
attributableto the organization concemed, that presumption is not
irrefutablThe very notioof dédoublementfonctjonnellein international
law implies that an international official may have more than one capacity
and theretorewhethcr his or her aets are attributato one subjectof
internationalaw or the other dcpends on which function he or she was
exercising.
11. lnthe presentcase a~art from the faet tthe Managing Directorof the
Global l\rlechanism is not an officiaof the Fund, as cxplained in
paragraphs 36-43 of the Reply, but eifthat were the case. still the acts
comptaint of would not be attrihutable to the Fund bccause the Managing
Direetor was cxercising a function of the Global Mechanism. Given that -
as the Complainant concedes -the Globall'vlcchanisand the Fund are
scparatc Icgal entities. aH aets of the Managing Director in the exercise uf
that function shouJdbe attributeto the Global Mechanism. not to the
Fund. Moreover, the t{)regoing applics mutatis mutarDdthe actions of
the Presidt."f1tin relation to the Conference of Parties to the UNCCD.
Those actions.including the report irn~actions umlcrtakentor the~
~:Conf efPartesc eheretorc, unlike as suggested in paragr100ft
~thR cjoindcr. the faet that the Managing Director of the Global .
i;Nfec pertannsiunder the direction uf the President and that the latter
;approveshis'program of work anhudge Îtnot because he is a Fund staff
.IDcmber but because the Fund agreed that the Presidenpertonnthese
Jfimctions t'Orand on bchulf of the Conference of Parties.
12. Ille toregoinganalysis also serves trefutethe arhrtlmenset out in
paragraphs Iland 12 of the RejoÎnder. This conclusion is not atbyctt.'d
the Complainanfs assertion in paragraph l2 of the Rcjoi.hateven if
the~fanag iirgctofwere not a Fund~ta mtfmber. the rribunal would
stilhe competent foc.~ar niînctionto the extend ththcy affect her
rightsJSa statIIllcmbenf the Fund.Irista be notcd. howevcr.rhatthe
J· ..
C\)mplainant overlooks the t'Uetthat. as explained above., she is not a Fund
staff member tor ail intents and pUt'poses.
13. Lack of competence to review of naws in the decision-making by the
Global ~(echani nm ,aragraph 1J nf the Rejoindt."f the Complainant
invokes JuJgement No. 2420 of the Tribunal in order to counter the Fund's
arguments that the Tribunal lacks competence toentertain picasof tlaws in
the decision-making proccss of the Global i\.lcchanism (see Paragraph III
(3) of the Reply). ,as well as the'competence to entertain pleas of tlawsin
the decision-making of the Fund. which may cntail examining the
decision-making process inthe Global Mcchanism (see Paragraph fil (4)
ofthe Reply).
14. ft should be pointed out that in the said Judgment the Tribunal did not
declare itsdf competent to cither entertain pIcas of tlaws in the decision
making process of an organization ovcr which it has no jurisdiction (the
United Nations) nor ro entertain pleas of tlaws in the decision-making of
the defèndant organi.lation (,FAO). which may cntail examining the
Jccision-making process of,an organization OVt."fwhich it has no
jurisdiction(the Unitt.-dNations). Considerations Il and 12 of Judgment
No. 2'420make itdear that the Tribunal examined whether the faet that the
FAD belonged to the common system enabled itto dedine or limit its own
responsibility toward the members of its staff or fessen the judicial
protection it owes to them.
15. The question in that case was whether when the FAO introduced the
common system salary seales into itsown roles it had discharged its duty
tocnsure that the text that it thereby imported \Vas lawful. The measureto
dctennine the Jawfulncss \Vasnot by reviewing the legality of the imported
rule under the laws of the organization of origi bnt~- as made dear in
consideration 12 of Judgment 2420 - whether the deeision' eonccmed
complied with the "principles of law of the international civil service",
Accordingly, the subsequent review by the Tribunal purported to establish
whether rltat was the case and itconcluded atlirmatively. ln other words,
Judgrnent No. 2420 does not support the Complainant's thesis that the
Tribunal is competent to either entertain picas of flaws in the dccision
making process of the Global ~fechanj orstm,entertain picas of tlaws in
the Jecision-making of the Fund, which may cntail examining the
decision-makjng process in the Global~fechanjsm.
16. Finally, in paragraph 14 of the'Rejoinder the Cômplainant ~ugge shtlsthe
Tribunal ;8 require<!tuentertain the pleas involving the decision-making in
the Global \cfechanism becausc otherwise the Cùmplainant would he
Jeprivl-J trom any legal redress, Please notethat the Fund's prcliminary
objection is limit",-tounly the pleas conccrning the decision-making in
the Global \1echanism, and thus ooes not atfect the rcst of the
Complainant's pleas. U shouJd he strcssed that no international
JdminÎstmtive trihunal is required ta c:<crcijurisdictionover a daim that
fies heyond its limited jurisdictional competence on the .ground [har otherwise the applicant's complaint may escape review by an impartial
adjudicatory body' (Sec Attachment 1to this Surrejoinder).
rll. ARGU'IE~TS CONCERJ.~I NUGE :\IERITS
a. lnterpretatÎtJn tifparagraphII(e)tif Pre!.iJent's Bulletin PB/(}4101tif
21 Jo,",ary 2004 .
17. The Complainant's arguments on the merits of the complaint bring to the
l,xe the nct'd to examine 11erstatus vis-à-\'is the Funu in more details. As
stated ahove, the question of the Complainant's stl'Îs-à-l'the Funu is
of critical importance because il detennincs which rufes she can rely on
before the Tribunal. -l11eComplainant implies that she was a regular staff
member of the Fund or at Icast a staff membei that enjoyed benetits of the
rules regarding non-renewal of tixed tenn contracts. Admittedly. if she
were a regular statf member of the Fund within the meaning of the
Agreement Establishing IFAD (see Attachment L to the Fund's Rcply),
qum/Iton. then she would indced be able to rely on lhose rules before the
TribunaJ, induding on the attendant jurisprudence.
18. The point is however that her contractuaI arrangemendid not amount to
rhat of a rcgular staff member of the Fund within the meaning of the
Agreement Establishing IFAD. Theretore. in order t'Orher to rCly on the
rules rcgarding non-renewalof tixed tenn contraet. it must be found that
her contractual arrangements entitled her ta treatment by the Fund in
àecordance with those rules. As will be explained once aguin in the
tolJowing paragraphs, the President's BulletinPB/04/01 of 21 January
2004 constitutes an insUln10untable bame10 such a tinding. By virtue of
the said Presidcnt's Bulletin the Complainant is merely a person on which
sorne of the Fund's staff rules and regulations have been decJart.~
applicable.
19. In paragraphs 16-18 of the Rejoinder the Complainant concedes the
principlethat the Fund's statf rules and regulàtions that have been
e:<.cludcd by paragraph Il of paragraph 1J(c) of President's Bulletin
PB/04/01 of 21 January 2004 do not apply to her. HOWeVl.T. e considers
fhat the Fund owed her the duty of care as retlected in the Human
Resourc Po.c.d~res~1anu ChlapterIl.J.9(a)and (b) (secAttachment
R to the Fund's Rcply) because she asserts that, unlike the Fund has
cxplained in Paragraphs HI (2) and LVof the Reply. parJgraph (l(c) of
President's BulletiPBJ04/01 of 21 January 2004 does not have the ciTeet
of exduding those provisionsFrom the ruk-s rhat were applicable to her
..:ontractual arrangement. The Complainant bases this assertion on the view
that paragraph l(c)ùf Prcsidcnfs BuUetin PB/04/0f of 21 January 2004
I.':reatesan exception to the HRP'-f in respect of "\:areer contmets", but nnt
tothe principle of reassignment of redundant staff
1(f rnt~ma \tnift))Fundl..mini ..t.t:trive rnbunal. Judgmen<para.~7·9'.-1
:\na~hr 1tenhs 5urn:jninder.
5 20. Thcrctore itis important to examine paragraph Il (c) of PresiJent's
Bulletin PB/04/01 of 21 January 2004. That provision stipulatcs:
".Ill./ixed-term contracfs of emp/oyment for the Global
Jfcchall;sm sha/l be jor a maximum (~ll' yelrs. rcnewable,
and subjccl 10the cJnlilabj/ity (rC!'iourctfFAD's ru/es and
rcgulcltÎollon the prtH'ision(~ lareer cOll/ract.'!for lix-Ierm
5'1( s~allrIlotapp~ fv tlte stail(~lll Gloeal Jfechanism,
except Jor (hosethat have alreaJ.v acareercOlltractas a result
o(tlzeirpn'l';vIIcmp1o.vmc11wt ith fF.ID"
2·1. The purposc of the t(}regoing provision is to ensure that the scheme
provided in the HRPM Chapter .17.1 (See Attachment (( to rhis
Surrejoinder) does not apply to the Global \-fechanism staff to which the
HRPrvf has heen decJared applicable .by paragraph 10 of Presidcnt's
Bulletin PB/04/0 1 of 21 January 2004. According to that scheme a
continuous appointment may he granted through thrce consequent
cùntracts: tirst.2years tixed tenn; second- 5 years tixed tenn; third .
conversion to continuous aner seven years. The expectation of renewaJ of
fixed term contracts huilinto this scheme, necded to be exduded in order
to ,:,void the eftèct that wouId otherwise tollow From paragraph 10 of
Presidenfs Bulletin PBi04/01 of 21 January 2004. This was necessary
because the Fund cannot impose continuîng appointments on the Global
l\t1echanism by alfowing the scheme to run its course. nor can the Fund
pennit an expectation of a continuing appointment to a Fund statf member
to develop by not limiting theoperationof the HRPM Chapter 1.17.1. tirst
row.
b. EJJectf lIn the Jllty lIf t'are.
22. The consequences of paragrJph 1J(~ of PresidenCs Bulletin PB/04/0 1 üf
21 January 2004 are not limitt.to the HRPM Chapfer 1.J7.1,tirsrow but
cxtends a1so to aIl the other parts theHRPM which deal with the many
aspects ofti.~ed c-ntrctsi including HRPM Chapter II .3.9(a) and (b)
on the duty of care in the case of rooundancy. The phrase ··ru/esand
regula/ions on the provision f.?career con/rnets Jar jh-term .rtll:fin
paragraph II(c) of President's Bulletin PB/04/01 of 21 January 2004
purports to convcy rhat.The wording is intentionaHy broad in order to
achieve preciseJy the objective that the Compluinant attempts[0 avoid in
pamgraph 17 ()fthe Rejointfer.
23. Ba'ied on the tCJrcgorng the Fund wishes to reiterate what it said in
paragraph -+5of its Reply, i.e. rhat like the Joint AppeaIs Board. the
C()mplainant crrom..ouslyreprcsents and daims that theHRP~f Chapter
II.J.9ta)and (h) on the Juty of care in the case of n:Jundancy applies tu
her situation. a~
(a. Effectson the expe(:tatinn tif contrat'! renewal.
24. The question that tllllows front Ihe Complainant'argument in paragraphs
19-23 of the Rejoinder is whether the jurisprud efnthe Tribunal
regarding the cxpectation of renewal of tixoo-tenn eontracts is suitable l'br
applieatillO to situationske the present one whcre an organization that
husts anotht..Torganizatio.md aets as an agent of the Jatfer in matters of
human rcsource management. The Tribunal never deait with that situation
hdore and the Fund theretore rejccts the Complainanfs assumption that
the saidjurisprudence apply. Ille Tribunal Îtself qualitied the reach of the
said jurisprudence in ifS Jud,b'll1ent No. 703 in a situation conceminga
seco.ndcd otlicialfrom one international organization (UN) to another
internationaJorganization (FAO). The Tribunal held in that case that
though a seconded official holds a tixoo-tenn contract which impHes an
expectation of rcnewal, his or her position is out of the ordinary. and that
he/she cannot cxpect to he renewed unless the organizations involved
dccide ditlèrcntly.
25. In the present case the situation is even more extra-ordinarLJnlike FAO
in the atorementioned case, the Fund did not employ the Complainant
itself, butactt a..a host organizatiol1 to the Global Mechanism and has
declared part of its rules applicable on the resulting relations bctwecn the
Global ~fechani usdmthe Complainant as weil as making sorne of its
tools. otlicers(the President) and procedures available to the Global
~1a;han ios he purpose of the latter's human resources management.
As it'cannot impose the rule on expectation of renewal of tixed term
contracts on the Global l\1echanism nor can ittuke over staff no longer
needed by the Global Mechanism, through Il(c) of President's Bulletin
PB/04/{)1 of 21 January 2004, the Fund exc1uded the possihility that an
cxpectation to be rcnewed as cither a Global~fechani saff or be given
an IFAD appointment can arise. Like in Judgment No. 703, because this
situation is out of the ordinary. the rule on the expcctation of renewal of
tixed tcnn contracts cannot apply. ln sum, as the PresiQcntial Bulletin
specitically bars the granting of continuous/careccontracts to employces
of the .Global Mechanism. the Complainant's alleged expectation of
renewal ofher contract cannot stand. Notwithstanding the foregoin& the
Global \tlcchanism did otTer the Complainant a six month consultancy
contract. which she refusoo.
26. As regards to the question of wherher th~fanag Diregtor of the Global
~fechan iould decide on the non-renewal without the PresidenCs
approval or involvement that is raised in paragraphs 22-23 and 28-29 of
the Rejoindt.'f, the Fund would Iike to rcitcrates its argument Forthin
paragraphs 55-59of ils Reply.
d. Pre.'tident '.srea.von.f/tIr rejthe .1fB recommendalÏlJn.f
27. 'nleFunJ \vishesto point()ut thainparagraphs 24-27 of the RejoÎnder the
Complainant persists in ignûring the particufaririesof the hosting
arrangements thr rhe Global \rfechanism, which make {hal the lcHerùf the
7 President of 4 April 2008 mŒts the standards set by the Tribunal ti)f
substantiating a decision not to rcnew a ti:u."d-term cuntract. Therefi)re. the
fund invites the Tribuna1 to consider its explanations provided in
paragraphs 50-54 of the Fund's Reply. TIle Tribunal's attention is
particularly drawn to paragraph 53 of the Rcply. Contrary to the.
Complainant's assertions, the second and third sentences of the General
Counsel's lctterrefcrrcd to therein and rcproduced as Attachrnent S to the
fund's Reply, dearly reter to the particularities of the hosting
arrangements tor the Global Mechanisms. The sentences read as t()lIows:
··As r said in the meeting, the abolition l\;fSaez·post by the
Global Iv1echanÎsm and the consequent non-renewal of her
contrad in ·accordance with the relevant arrangements
rcgarding the hosting of the latter bodyby lFAD did not reneet
in any way un her abilities or her pcrfonnance. Theretore. it is
our positÎon thut the non-renewal of Ms. Suez' contract was in
contonnity with the applicable rules and rcgulations, and
theret(}re wc are not in a position to acecpt the
recommcndations of the Joint Appeals Board to oner !Vfs.Saez
any compensation" [underlining added] (Sec Attachmcnt S to
the Fund~ Rscply)
28. The above quote trom the General Counsers Icttcr shows dearly that the
tollowing statement of the Complainant in paragraph 27 of the Reply is not
incontormity \Viththe reality:
". .. no reference is made to the supposed distinction bctwcen
the Global Mechanism and fFAD. Only now with the
dctendant's reply has the complainant bcgun to receive an
elucidation orthe Prcsidenfs reasoning"
29. The above mentioned qunte ti'om Attachment S oemonstrates that the
Complainant's representation is wrong.
e. Autl,ority (ifand Je/errai 10the Jlanaging Director
30. fn paragraphs 28-]4 of the Rejoinder the Complaint repeats her arguments
conccming the authority of the Managjng Diredor which arc bascd on her
wrong interprctation of the status of the Global \rlechanism and the
arrangements for itshosting by the Global \-lechanÎsm.
31. The rrihunal is fcterrcd to Part Hf as \.\,elas Part rV(.J) of the Fumfs
Replyfor the Funers response to those arguments.
IV. .\RCl":\IE:-ITS CONCE~~ING .\IORAI...DA~L\GES
32. According ta paragraphs 35-··H of the RcjoinJer, the Complainant bases
her daim tor moral damages to the amount of CSS 50.000 on (wo grounds:
él)Jack llfprnpcr notice.ht,~l rcatsent and Jifatory procedures of the
Fund an~d n)damage to the Complainanfs careCf. 8ased on the relevant provisions of the President'Bull~t Pi/n4/01 of
21 January 2004. which declares parts of the Fund's statl rules, rcgulations
and procedures to the persons employed oy the Global \rlechanism.the
Complainant \Vas infcJrrtlt.-don 15 December 2005 by the Director of the
Glubal ~1echani tstmher cuntract. which was about to expire on 15
l\;tarch 2006, \Vould not be renewed. lt is theretore unclear to the Fund
what is meant by the Complainant in paragraphs 36 and 37 of the
Rcjoinder. whcre itis statt.-d that the notice was nnly givcn two days befi)re
the expiry of her contract.Infaet. in paragraph 36 of the Rejoindcr the
Complainant aeknowledges to have received the notice of l1on-renewal by
the Global~fechani osm15 Dcccmber 2005.
34. 1'v1or it Îo lser not dear in whât sense the Fund's tàciIitation
procedun,"Scan he considered and is unduly dilatury as allcged by the
Complainant in paragraph 37 of the Rcjoindcr. As a matter of tact.
tacilitation is a modem tool in the arsenal of alternative dispute settlement
that aims at resolving differences and reduces the nced to recue to judieial
settlement.
h. The Complainant 'scareer
35. The Complainant's daims for damages on the grounds set t(}rth in
paragraphs 38- 41 of the Rejoinder are without merit as her tixed-tenn
contractual rèlationship with the Global l\1cchanism did not cease
prematurely. ft Îs the essence of tixt.-d-tenn appointrncnt that the official
shaH cease to be cmployed with the organisation upon expiry of the agreed
terrtl. Since the Complainawas aware of such terms of emplo}mcnt, the
Complainant cannot be entitk-d to moral or compcnsatorydamages. The
Tribunal has repeatedly held that caecer prospects within an international
organisation are not something fhat cxists indcpendently of ail the rights
and duties of its starhat ithe non-renewaJ of a contract is JawfuI, so is
thecareer hiatus and that when a contract is concluded for a tixed tenn, the
staff member's career ends lawfully on expiry of this period (sec
Judgement 1610, consideration 24, und Judgement No. 2694, consideration
7).
v. CONCLUSION
36. For the reasons .,et furth in the prc'Surrcjoi an..til~as those set
torthin the Fund's Reply. may itpieuse the Tribunal to adjudge and
dedare that:
il. the Tribunal IJcks jurisdictioto cntertajn the Complainant'spica
that the \1anagingDircdor \)fthe Global :\1echanism excccdet1 his
authority ind~idin ngt to renew the Complamanf S t.:ontra(Part
B.I of the Complainant'sBrict):• J
b. the Tribunal la~k jsrisdidion to entertain the C'omplainant's plea
that the core budget of the Global ~fechani didm nut require
dimination of the Complainant's post;
c. the Fund July discharged its duty of care towards the Complainant;
d. the President adequately stated the reasons tor rejecting the
recomlncndations of the Joint Appeals Board;
e. the r..-1anaging Director of the Global Nfechanism actcd within his
authority in deciding nut to rcnew the Complainant's contract;
t: the Fund has to defèr ro the Managing Director of the GlobaJ
~fechani onsmhe issue of the justification of the non-renewal of the
CompJainant's contract.
37. ACCORDINGL Y. TflE DEFENDANT ORGANIZATION
RESPECTFULL y REQU ESTS THE TRIBUNAL TO DISl\IISS THE
COl\IPLAINT.
Rome, 18 December 2008
InternationalFund torAgriculturaI Development
10....t ATTACHMENT
Judgment No. 1999-1
'Ir. "'tt,.\pplicant v. International "'foneta" Fund, Respondcnt
(August J2. 1999)
Introduction
1. On August Il and 12. 1999, the Administrative Tribunal of the International
~:fonc t anr,ycomposcd of Judge Stephen M. Schwcbcl, President. and Judges Nisuke
Ando and Agustin Gordillo, Associate Judges, met to :llljullgc the case brought aguinst the
lntematÎonal Monetary Fund by Mr. "A", a t't}nnercontractual cmploycc of the Fund.
2. \-Ir.'AH contends that the Fund violated its internallaw and principles of
international administrative law when it engaged him on a contractual basis to pert(-mn
functionsof the sarne nature as those perfonncd by statf mcmbers, rencwed his contract
several times ovcr a continuous period of nine yeaTS.and then alJowcd his contract ro expire.
Applkant st..-cksas rcliefthat he be installc!das a mcmber of the staff, rdroactive to 1993.
with aHattendant rights and benctits.
3. The Fllnd has responded to Mr. "A"'s Application with a Motion for Summary
Dismissal, ~onten tht theAgdministrativc Tribunal racksjurisdiction ratione per.Wl1Œ
and rtltiof1e materiŒo\'cr AppIicant's.daim because its Statule limits access to those
individuals who are mcmbers of the staff and to those daims that challenge dccisÎons taken
in the adminjstration of the staff. Applicanr has tiled an Objection to the Motion, arguing Ihat
thc Fund's aIlcgedly illegal classitication of Applicant as a contractuaI cmployee, rathcr than
as a membcr orthe staff. should not dctcrmine whcther the Tribunal has jurisdiction to decide
the issucofthat allcged illegality.
Theprocedure
4. On April 16, \1r. "A" tilcd an Application with the Administrative Tribunal. In
accordance with the Tribunal's Rulcs of Procedure, the 'Application was transrnirtcd to the
Rcspondcnt on April 19, 1999. On April 22. 1999. pursuant to Rule XIV, para. 4 the Office
orthe Rcgi"itrar iss-ucda summary of the Application within the Fund.
JRules XIV. par~pr~vltks:
"ro urtler tu mt()ffn the FlU!d(:ummuflIry (Ifp~ndibengton rt=rnbun.ll. R,~gistra(,
Ij~ mhe11üUfic.lfuf,U1.Jpplication to the Fund. "hall. unless Ihi.:Pn:.hèr.~ntliiesc. •
.~ummar of rhe .lpplica'~ï!h ùiut..rng {he name IJ"(he _\pplit:ant. forwlthÎnthefwn
Flinô:'..
,
- ..-.
5. On May IR, 1999. the Respondent filèd a Motion t'OrSummary.DismissalunJer
Rule XIf of the Rulcs of Procedure. seeking Jismissal of the Application for lack uf
jurisdiction undcr Article H. para. 1 and para. 2 a. b. and c.; On May 19, 1(,)\)9,the \-fotion
was transmitted to Applicant.
2Rule XII provides:
"Swnmary Di.fini.ual
1. Pursuant [0Article X. Se\:rion 2(u) of Ihe!Stature. the frrbullon irs own initiative or
lIponàmotion by [h~Fund. dccide 'iummanly fiLlismiss the applicafiun ifit is dcarly in,llimissiblc.
2.fhe Fund ma)' tile such a lllvtion within rhirty dailrcccipr of the applicatiun. The filin!!
of the mut ion ..hall 'mspend rhe pcriod uf lime filr answl!ring the applicatIOn until the motiun is adcd
on by the Tribunal.
J. The complete lext ofany docutnc.!nt referrcd to in the mution ..hall he annexcd thcrt'f() in
<lccordance wilh the mle!s e'lrablished for the application În Rule VII. The rcquircmcnts of Rule Vif(.
paragraphs 2 and J.shaH apply to the motion.
4. t lpun ascertaininrhatthe motiun mccts the formaI rt...l.uircmcnrhiRfule. the Registrar
"hull trun.-,mit a copy thcr,,;"Ofrorhe Applil:ullt.
5. The l\ppJicant muy me with the Registrar;} "Titten objt.'criun ro the motiun within thiny uays
t'romthe date on which the motion is trJnsmittcd to him.
6. rhc complete tc)Ctof Jny document rcfcrreù lo in the objec~han ne anncxcd rhcrcto in
.1I:corJanΠwirhthe nlles cstablished for rhe application in Rule VII. The rC4urn:rncnts uf Rule VII,
Paragraph)i 4and 8.~hal apply to the llbjcctiun [0 rhe motinn.
? Cpun ascèrtaining rhat rhe objection rneelSthe ti1nllal rcquirernents ofthis Rule. the Registrar
..hall transmit a cupy thereof ro rhe Fund.
~. There oshallbt: no furrher pJcadings in respecr of a ml,rion for summ::rry JismÎssaJ tlfI/c:SSthe
Presidentso reqll~sts.·'
lArticle Il pro\.'ides in pertinent part:
"/. fhe rnbunal "hall becompetcnt to pass judgmettt upon any applkal;ün:
a. br à mcmber of (he ..rafTchaflcnging the lega/ity of .ln Jdmmi.'1trati\'c;Jct.ldvcrsdy atTl!t:tinghitn; or
b. by an cnrnlh:e in, 'Jrhcneticiary um.ler. :fny retlft.'menlu..dit planldinta birt~eFunù
JSt:mplüyer t:hallenging the legahof:InaJminijft:.lti;lccunc:crniog ln .m;;ing unJ.1Oy.;ut:h plan
\\'hich adverseJyffeCfSche.lppfic.mt
J.!he c'<-pre.;'·.1dmmi~r re' ~h";'Jl ln,my mJn tllual or regulato,JcC'''lrJkcn in the
.H!mmi"tracil)O( th~!a trhe Fund:
1continued) - J -
6. Under Rule XIJ, para. 5"',(he Applil'ant may file an Objection to a \-fotion for
Summary DismissaJ within thirty days lrom the date on whieh the Motion is transmi ttt~d
him. Applicanfs Objection wus tiled on June 1 R. Il}Q9.
7. The Tribunal clcciclcdon August 2, /999 thar oral procccdings, which Applicanf had
requestcd. wlluld not be held, as the conditiun laid clown in Rule XIII. para. 1 ~that they he
"nccessary tor the disposition qfthc case" had not becn met.
S. Pursuant to para. 2 of Rule XII. a Motion t'lrSummary Dismissal suspends the perim!
ofrime tor answcring the Application until the Motion is acted lm by rhe Tribunal. Bence,
the present consideration of [he daim is contined tothe jurisdictionaf issues of the case. Ifs
substantive aspects are retèrred to only to the cxtcnt necessary for disposition of the
jurisdictionaI issues.
The tàctuaJ background of the case
9. Mr. "A" was initially cngaged by the Fund as a consultant undcr Îts Technical
Assistance Progr.un tbr a two-ycar period commcncing in January f990. His h:tter of
appointment provjded:
··You will not be a staffmcmbcr of the Fund and will not be digible tor any
hcnetits other than those speciticd in this Icuer:'
ftstated in addition:
--_._---------- -----------
b. the expression "regulatory dcdsi~ha /l"iJnany mIe conccming the tcrms and conditions of ..Iatf
cmr'oymcnt. indudinJ! rhe GcncrJI,\dministrJcOrders and the Statf Retirement Plan. but cx.duding
;my Œsulutionsadoptctby che Board of (io',emurs of the Fund;
c. (he expres ..ion "rneofcthe statl" shall mean:
tir.my person who~ urrent or tonner reUer of .Jppoinrmcnt, whcthcr n:gular ur Ii.tcd-fcnn.
proviJes !ltatshallbe a member of th-;tatT;
(iiJny CUITentur f!.lnner as<{isranrto an ExecUlî..-c Oirecrur; and
(jjany 'Ïucc~ isinoeest to dtc~as m c!ber ,Irhe sf.lff.lS dcfiln(Ior (iiabüvc tu rhe
~.·d th"thl!s J:ntitlt:,M\!ra rightllsUt.;,rafmcmber 19ainsr [heFund~
• Rule XH. para. providl!~:
"The ,\ppficanmay tile wirh the Reglstilwnrtcn ()bJcctlOO to Ihe mor;!)" wilhin rhirty lhys fwm
rheJate[)nwhit:h the morioISm.tn!imÏffed to him.·'
, Rl1k XIHrata. ! pw",idcs:
"( )r:d pmü"t:tllOgs "h:J1Ihe hdd If the rnbuuaJ r!t.'t;ptoC\:~at"!ari"C~C~'Ô":f(urthe
JhptJ'ilfi1)frhe .:asc~Ut~ .a:hc hs.rribunal -;hall heat !heJfgumc: ûnth~partu:s ,mJ rhclr
nHlnsd .. mo m:Jêxamine rh~m." "This appointment can be h:nninatcù by you or the Fund on t)fle momh's
notice, or by mutuaJ agreement ,.
This basic contraet was rcnewcd several rimes, anù apurt From increases in \tfr. "A"'s
remuncration. the tcrms of his appoinhllcnt rcmaincd unchangcd.
10. AppJicant' s contruct a1so providcd that he would kccp the same working hours and
accnte anlluul Icave on the same basÎs aarcgular staff membcr. likcwise. he would be
cntitled. on the same tenns as regulstat tlparticipate in the Fund's mcdieal bcnctits plan;
to rcccive employer contributions to mcdical and group lite insurance plans; atube
digiblc for spouse and dependcncy allowanccs, travel allowance. and travel insurancc
covcragc. Mr. "'AH'srcmuncration was statcd on the basisofannuaJ gross salary. and -
unJike rcgular staff -the contract includoo tlle'proviso that thew()ud notreimburse
Appticant tOTuny national, state or other taxes arising in res(lhis remunemtion.
11. Applicant was initially assigned to Department "1'.6, whcre he scrved untH
Scptcrnber 1993. There he hcaded missions; administcred technieal assistance tor mernbcr
countries; and commentcd on statTpapcrs on behalfofthe Dcpartmcl1t. Dcpartrncnthl'''S'
Direetor statcd that in pcrtonning these functions. "Mr. [HA"} perfonned esscntially the same
work as the rcgular sta'trmembers who were Advisors in the Departmcnt during his
tenure... ,.
12. Mr. "A" asscrts that when he was tirst rccruitcd in Dcccmber 198'), he was told borh
hy an Advisor in Departmcnt "1" and by an otlicial of the Recruitmcnt Division of the
.Administration Department that ifhis work was satisfactory he could be convcrted to regular
staffat the cnd of the initial two-year pcriod. Whcn he inquired with his Department Head in
Novcrnbcr 1991 about a regular staff appointrnent. Applican~Ileg teashe was told that he
would have to continue tor one more ycar betore a dccisioD could be made.
13. later, according t~fr H A", it was suggestcd to him that ifhc were interesred in
obtaining a permanent position with the Fund,e should undertake hmobility" within the
organization. Tn that cJ1d,Applicant in May 1993 wrote to an otlicial of Departrncnt "2",
expressing his Înterest in transfcmng to that Dcpartmcnt. Applicant was reassigncd to
Dcpartment "2" in October 1Y9J. whcre he continucd his work as a headquarters:bascd
consultant tUllierthe Tcchnical Ass.istancc Program untiJ his tinal contract cxpircd in
Fcbntary 1999.
.14. fn Department "2", ;\pplicant servcù as the only consultant among the tive mcmbcrs
of his protession in his unit. The offi(.'ialin Department "2" rcsponsible for jupcrvising
\fr. "A"'s work statcd:
'Pur.mant to r:un d.'~lsÎonon the profectlon nfpri ..acy .mti mcrhoù ofpublic2J.1997).cembcr
,he Fund dcpartmcln ~"hicphlicant wtJnu.'tÎWIllbe designnum~r:lIs. ··\lr.[ "A''l'swork was matcrially the same as work done by other
hcadquartcrs bascd full-time consultants and rl'gular (MF statT membcrs alike.
on [Applicanr's area of I!xpcrtisc1. including going on missions toIMF
member countrics and providing advicc to thcir govcrruncnt or central bank
otlkials. alone or togcthcr with other IMF stan: preparing mission reports and
mcmoranda ... f and commenting lm behaJf of [Dcpartrncnt "2"1 on papcrs
preparcd by statl"of l)thlIMF Dcpartml'nts:'
One of Applicanfs Dcpartment "2"collcagucs conduded that Applicant "perforrned
csscntialJy the same function as his coJlcagucs who are rcgular staff mcmbcrs" and acted as a
rcprescntativc of Dcpartment "2" '"ina manner indistinguishablc" from thesc staff. Anothcr
comrncntcd that MT. "A" was a "fully inrcgratcd mcmbcrofthe Departmcnf'.
15. According to Applicant. shortly bcfore transtèrring fo Dl'partment "2" in 1993. the
otlicial chi.lrgcd with coordinating his unit ufthat Dcpartmcm held out the prospect uf
Mr. "A"'s bcing promoted to a supcrvisory position tolJowing an anticipatcd retirement in
the Department in 1998. fn March 1998. however, Applicant's Departrncnt Head allcgcdly
told him that that position would not be tillcd and that any vacancics in the Dcpartrncnt tor
n~w rcgular statfwould be lower levcf positions likdy not to be ofintcrest to Applieant.
16. In August J99R, Applieant's Dcpartmcnt Head allegedly inforrncd him that the Fund
intcndcd to end his contractuaI crnployment. By fcttcr of Scptembcr 14, 1998, Applicant
rcccivcd anothcr extension of his contraet, \Viththe notation rhat ·'(hiswill be the final
extension of your contract". This tinaJ coutract expired by its terrns Febnrary 26, 1999.
17. f\ppljeant sought redress through severaJ channcls before tiling his Application with
the Administrative Tribunal on April 16,1999. On January 14,1999. in a letter to the Fund's
Directllr of Administration, Applicant attcmptcd to invoke the administrative review
procedures prcrelfuisite to tiJing a grievance. and askcd that the Fund "tonnally rccognizc my
status as regular staff." The Dircctor of Administration replicd on January 25. 1999, advising
Applicant that (1)the gricvancc procedures did not appJy to contractual.cmployccs such as
himsclt: and (2) whilc Applicant would be cntitlcd to arbitrntion undcr the cstablishcd
procedure for dispute seulement t'OrcontractuaJ cmployces. ifhc sought to invoke that
proccdure. the Fund would take the position that the dccision not to extcnd his cmpfoyment
contmet teloutside the scopc orthe arbitmtion proccss. which is limited to daims that the
Fund has tàiled to mect an obligation undcr the contract itseU:
1~> Thcrcatlcr, on FcbnJary.J, 1999. Arplicant rcqucstcd [hat the Managing Dircctor
:lgree to submït the di-;pute dircctly to the Administrative Tribunat pursuant to ArticleV.
para. 4? of {he Statute. rha! rcqucst was denicd on fcbruary 14, 1999. The tèJllowingday.
>\rtidev, rata .p(t)vitfc-ç:
"For puqW!'iofrhÎ'~ra[u ;te..Jnnds lIf ,ujminiMr.1tfvc:revrcne,tfcenlètfro 11.1\.'hcecn
c;-cnau!ttl!d,vh<-~f,JO, IgrciongfOdlits::1ppl!c.tnrhave "lg~ubmitthe Ji'iputc JIn.·uly 10
the TrIbunal " - 6 -
Applicant til\!d a subrnission wth~fund's Gricvancc Committce. challenging the Fund's·
dccision not to rcncw his contract and sccking that his starus be Cllnvcrtcd to rcgular staff. On
March l, 1~99 he Gricvance Committcc' s ChaÎnnan rcplicd, stating that recourse to the
grievance procedures nf GAO No. JI arc not available to contracemployl .ch as
Applicant~ and noring also that a decision noc.~[ the nodtract of a l'lmtractual
..rnployce does not tàlJwithin (he scope of the Fund's arbitrJtÎon procedures,')
Sumrnary 0f parties' principal cooJçnrions
AJ:mlicanfs principal contentions
19. The principal arguments prcsentcd by Applicant in his Application and his Objection
lo the International Monctary Fund's MotiotorSummary Dismissal are summarizcd below.
20. The Fund's categorization of Applicant's employment statasa "contractuaJ
cmploycc" is arbitrary and bclics the actualnature of his work.
21. Thc Fund's tcrmination of its cmployrncnt rcfationship with Applicant is contrary to
the Fund's Ernploymcnt Guidelincs on statTappointmcnts undcr which he should have been
catcgor is.azeg~lar stafTmcmbcr. The position occupicd by Apprit'unt supportcd the
hasic institutionaJ mission of the Fund; thc basic skills rcquircd werc those rhat do not change
dramatically over a short pcriod orrime; and thcre was at()continuity among stutf
pcrfonning these tasks. Contractua1appointments, by contrast, arc rcscrved by the Guidelincs
tor the tiIJingof tcmporary nccds rcquiring spccialized skills that Fund staff does not posscss
or for which there is not a continuing nccd.
• (;:~o. 31. Secrion 7(i)limits Gricva Cnmc~rltc:e'')jurisdktion in fcnns ;l'rnost f(.lt:nticalco
[h,,u~Art. Il of the S!(he ,\dministrarnbunal.
GAO ~o.3/. Secti\mf./ (provitlcs:
"701 Who JI'!}' Sui.l (ir;t:lJtlf1(.:'{
7 1.iPrewnlandFo,-meSialJ{emht:'Any present or t(mnl!m(,.wbeshall h.ne
:leeeS';tu rheGrieCommitt F~et.s purpos.e, the \!xpre'ismn ",raIT nll.tn ;InYll
p..!r~urren ùdty~}mleèmrlyyetl by fhe Fund whŒc ktter of appointmenl wndh<.,'fr'cgular llr
rix.:d-te~fafoe"rated thar he or ille "hall b< a "rdtf;.of rhe
·1rhe{inc\"J.CilmmttrC!hainnan prest!ntl~èfsl\Sl1!J'1ignafcd..trb!rtrhcFunJ's
l.:onlr:1l·mployC"es. - 7 -
22. Prim.'iples int~rnat aiminÎatltive law rcquire Ihat international organizati.ns
not classifY as an inJ.:pendcnt .;ontran indivldual doing the work of an cmployce when
that classification does not retle.;t the ;:u:lualrclationship of the parties.
23. On a number of occasions the Fund crcareJ and fhen disappointt!d Applicant's
cxpcc(ations of continucd cmployrncnt. on which he reli.10 his dctrimcnt.
2-l. Equity rcquires that Applicant's employrnent \Viththe FunIlotbe tcnninatcd. as the
expiration of his contractual appoinrment. and associated mcdieaJ insurancc is a partieular
hardship to App/kant who must provide coveragc tor an ailing t:lmily mcmbcr.
25. Applicant seeks the following relief: a) conversion ofhis status to regular staff as of
January 2. 1993; b) "reinstatement" as a regular statT membt."Twith aH attendant rights,
privilcgcs and bcndits; c) rhe right to ~n9th Funti position if reinstatemcnt in
Depai1mcnt '"2" is refuscd; d)scverance pay "ifno other position matenalizes"; e) rctroactive
payment tor long-tenn service annual leave days; f) participation in the Fund's retirement
progrdm when he departs from the Fund; and g) s.uch other relief as the Tribunal cicems
appropriate.
!-\pplicanf s contentions (Jnjurisdietion
26. The Fund's classification of Applkanr as a contractual cmployce was an arbitrary
administrative aet that ignores the tbcts and should not detcrmine the'cxercise of .he
Tribtmal's jurisdiction. The argument that the Tribunal does not have jurisdiction bccause
Applicant was Ilota statT member presumes as true the very tàct at issue.
27. The Tribunal should exercise jurisdiction ovcr Applicant's daim becausc. if it does
not, he will have no opportunity fur review on the mcrits by any impartial adjudicatory body.
28. The international administrative law doctrineal/di alreram parfemLe. evcry
disputant is cntitled to be hcard, which is incorporatcd into the internaI law of the Fund,
requires that the Tribunal cxercise jurisdiction over Applicanfs daim.
Rcsp~.m sdeonh:'tions set Jorth ilSMotion for SUVlmary Dismissal
19. The Application should be dîsmÎssc:d as irrcccivabic becausc the Tribunai has
jurisdiction only over ··Jny perStlOwhosc current or tamIer lctter of appointment. whcthcr
rcgularor tixed·tcrm. proviùes that he shaH he a mcmb<.Tofthc staff" (Article H.
para. 2.c.(i)). Applicant does not fall within this category ofperstms bccause his lettcr of
.appointmcnt providcd that he would not 'bea mcmber of the sfalT nüs limitation on the
Tribunal' s jurisdiction is bOlhexplicit and intcntional.
JO. rhe Application should be Jismis<;cd as irrcccivabccau ~he Tnbunal's
jurisdiction is limitcd to challenges to dccisions "taken în the :tJrninistration of the statTof
the Fumf' (Article H, para. 2.a.) and thcn:fore prccludcs judicial intertl.:rence wÎth the
rccruitmcnt and selection of Fund staff. -~ -
J l. The (MFAT is iltribunal oflimited jurisdÎl:tion. Articl}akes dear that the
Tribunal shaUIlohave <lnypowcrs bcyond those confcrrcd under the Statute. Therctore. it
has no gcncral jurisdiction based on cquity or any nther grounds not exprcssly providcd tfJr
by the Statute.
32. The n:mcdy sought by Appfjcant. rctroacti"c appointment to a regular statTpositil.>n,
is not C'ontcmplatcd by the IMFAT Statute and would undcrmine the f'lmd's cmployrncnt
regime.
JJ. The dual crnployrncnt schemc of contractual and rcgular staff exists f(Jr Icgitimatc
organizational rcasons. providing t:cxibility with respect to the dcploymcnt ofhurnan
rcsources.
3..J. Applic4mtis boundby the tcrms and conditions nf his Ic:ttcrof appointmcnt as a
contractualmployec. The Fund must be able to rcly on the tcnnscmploymcnt contracts
as they arc written and agrced upon.
.35. The Fund's Employment Ouiddincs on categories of cmployment are guidelincs to
assist Fund dcpartmcnts and the Rccmitrncnt Division; thcyIlogive rise to a Jcgal
entith:rncntn the part of an individuaJ that he or she be appointcd to the staff.
36. Appfic aap~itr'est as a contractual employce was not subject to the proccduf'tll
and substantive conditions rcquircd for appointmcnt to a staff position. and thercft)fe his
daim that he should be dassiticd retroactivdy as a staff mcmbcr bypasses the prercquisitcs
t()rcarcer appointment. induding that of duc regard to the importance of rccruiting personnel
on as wide a gcographical basis as possible.
Considcr ~ftte9isues of the case
Categories of Fund cmploymcnt
J7. fhrccprincipalcategories of cmployment cxist within the Fund: 'ttatIappointrnents
(both regular and .thed-tenn): contract~lppointm acdntesdor arrangements. The
gravamcn of Mr. ";\ ~cornplaint is that. alrhough he was cmploycd on a comractuaJ b--.lsis.
,--".",-,-_._~--
" ".\nld!JI #
thc naturc and continuity of his work indi~ hatthe should have hdd a statf appoîntmcnt of
indctinitc durationIl
38. The Fund has adopfcd Guidelines. in 1989 and again in January of this ycar. designcd
ro dariry the allocation of functions among staff members, contrac[uaI empJoyees and vendur
personnel. The 1989 Guidclincs distinguish bctwecn statT and contractual appointmcnts as
follows. Positions that normally should be fillcd by statT mcmbers are those carrying out the
basic institutionaJ mission of rhe Fund; those supporting that mission ~md rcquiring skills that
will not change dramatically ovcr a short period of lime and for which there is a necd for
continuity of stMI; those in which the individual is rcquircd to aet on bchalf of the Fund: and
thosc involving supcrvisory rcsponsibilities. Ay contrast, positions rhat nonnally are lobc
tillcd on a contractual basis are those in which the Fund has litrle or no expertisOf the skills
rcquircd arc likcly to~hang deamatically over lime, and continuity within the staff
!,\Vithin the Fund, the:dassifjc.::ation "stafl'appointments"two sub-l'utc:gorappujn ltmc:t1t~
tinite Juratjon C'fi:Œd-tenn staappoit1t mei~teinitc duration ("rcgular staff' ). These are set tbrth
in GAO No. 3. Rev. il (May 1. l'lX9) (ElIlploymenl ûf StatT Members):
"Sc:ctÎJ. Typt!or Ippo;nlmt!nls
3.01 Rc.'.S:rppoi"lment ....Regapp()int~ mhen e~appuintments tbr an
indetinite pcritJd. Persons holding ..uch uppuintmc:nts shall be Jesignared al!rcgular staff
m.:mbers.
3.02 F;rcd-term Appoù,tm{'nts. Fixcd-tcnn appointments shall be appointments for a
"J)ecitied peritld IlftÎme. Pcrsons holding tixed-tc:nn shall OeJcsignated as
tixeJ-lcrm statT ml'mbers."
FixeJ-tcnn appointmcnts are gencrally uscd as a probation to test cmplûycl!s whhaving..cen as
potential 't)r a l'arecr with the Fund. COllvl!rsion to regular starus dcpl!nds on individual pertonnance and the
..tafting nceds of the organi.l3riun. ((for COl1v.:rsion of Fixed- Term Appointmcnts.)
lt is ndispu hatboth tixl.'t1-tennand rcgular staff are within the dctinition of "mcmber of the
~tat trr purpuses of the jurisdiction pt'N()e ~)rf~Administrative Tribunal, whÎch includes "any
(X-rsonwhose current ur '()rmer letter of appointment. wOether regular ûr tixoo-tcnn, provides [bat he ..hall be a
rnember l)fthe stan:" (Statute, 2_di))CnMs. "C', Appliçant 111~.~!l M1netiroFund
f{csoondent. Judgmcnr No. IQ9(J\ugU'i22, 11J97),rhe rribunal cnterta~hallc togte Fund'<;
dcc;isiun not convert a tixed-tcrm .lppo;roatreguJastaff appOll1fment.
.-\ppIiC;Jnfh.l! made certain dssertions apparcntltusuggCSlrhar he initiaUy hdd a "rixed
rcrm" raIner than a "confractuar' apptJintmcnt with the Fund. tht:reby provitling a prcdit,J( tor hii rcquest
rdid--- convd"Sio[0regulaHatTaS of January 2. 19ThC! ~sst"rtions are not borne out by tIjfhis!rms
,:ontracr ,)r by the'tahl'pc;:rt()m13c~5:r~gula ~vl3lua byc'~' affhe "Culltrat:tual r\ppointmt:nts
Pt!'rtormanC!l.-porratht"f [Ihe-\nnual Perti)rmanReports..:ompleted t'OrH:uatf'. tiited-ternt and reguiar
:.tlike .\.pplil.:ant·s rdiance on !.sft}r(\mwr jHnofFl:~ tem. -dpomtmcnts i!mispfru :::.c:d~
tiuttlermm"e. ,my wmplaint \ft."A,... houlJ ha'ie ('I,erted to fC'gu/ar,1of January f993wlluld
!lO\he untittrcly p~rt\)nt nhi~ngasks is not critical to thcir effective pcrtllnnas weU as positions in
which S\!TVÎCtare nccd~ tdOrlmlya rc1ativc1y short perioof rime. According to the 19H9
Guidc1ines. con trac tuai appointecs and \'cndor personnel geneïJlIy should nul perfonn the
same tasks as statIm~mber sxcepton a short-ternI basis or where individual circumstances
warrant.
39. The Funù in ils Motion for Summary Dismissal maintains that thcse Guidelincs arc
intended to provide guidance10 the Recruitment Division and Fund departments. but that
they do not give rise to uny legalOentitlemcnts on the part of Îndividuals. The Fund's Motion.
noncthclcss. cchues the Guidclines' basic princip/cs:
..Appointrncntsto the rcgularstatare intended tomect the Iong-fcnn nceds of
the organization;in comparison, contractual cmploymcnt ismore tlexible, in
()rderro mect a particufar work rcquircmcnt, onen in a spt.-cialized area tor
which there may be no long-term need."
The Fund also notes that .'..statT mcmbers and contractual «!mployecs arc bothconsidcred
as employees of the Fund ...."
40. According to Respondent, the cmploymcnt of statT and contractual employces diffcrs
with regard to a number of làctors. For cxamplc, with respect to rccruilment. no constmints
cxist regarding the geographical distribution of contractuals. Likcwise. thcse employ\!cs are
nut subject to a competitive appolntrncnt process. With regard to compensatiogreatcr
tlexibility is alTonled to contrJctual cmployecs, who are exempt trom the salary structure that
govcrns the rcmunerutÎon of rncmbers of the statf
..J. ln addition. statT m\!mbers are subjtotthe strictures of the FundNs RuIes which.
for cxample. restrict statI in \!ngaging in politicaI activity and outside cmploymenr. whercas
contractual\!mploy are~nst. FinaIJy. statT rnembers and contractuals have acceta
different av\!nues of dispute resolution: contractual employces have recourse to an arbitration
procedure. while staff have access to the grievance procedure and tA~rninistrative
Tribunal.
42. ln Dcpartmcnt ·'2",asscrtsthe Fund, Applicant provided technica1 assistanc('"TA")
tlmctions as a contract1ut:mployee ...... because the long-tcrm ncet! for these functions, and
rhe particular ... specialitiinquestion. isunccrtain; the use of contractuall!mpfoyt:es
pcrmits sutftcit:nt t1cxibility to adjust to changes in the demanTAfoservices by member
L:ountrics·-nle Fund also points out that contractual cmployt.."espcrtonnTA 'iCrVlceSin
Department "T' doOnotorccejvc thesame training, supervisory authoritorcan~cr
Jcvdopmcnt npporttlnitics as do members of th~tatf - 11-
43. The appropriatc allocation of personnel funcrÎons among the various categories of
u
Fund cmployrncnthas long becn a mattcr of some controvcrsy within the Fund and
prcscntly Îs undergoing rcvision. 80th the adoption of the 1989 Guidclincs and the revised
lJ
Poliey on Categories of Employment approved January 20, 1<)99by the Fund's E~ccutivc
Board have been prompced by conccms rhat contmctual and vendor personnel muy be
performjng tundions for which there Îsa I.mg-tenu nccd and [hat shouJd be pertorrncd by
Fund statf. The Fund in ils Motion tor Summary Dismissal acknowlcdges "anomalies in the
current system of contraduaJ cmployrnent", but maintains that thcse diftïcultics must
continue to be addressed on a systemic basis rather (han through the litigation of individual
cases.
The Administrative Tribunal's jurisdiction ratiol1e penol1Œ
44. (n its Motion tor Summary Dismissal. the Fund contends that the Application should
be dismissed as irreceivable on thc groumls thal, as a thnncr contrnctual cmpfoyec,~tr u. "
~ocs Ilot have standing to bring a case before the Administmtive Tribunal. Therclilre. argues
the Fund. Applicant is not within the Tribunars jurisdictioraliolle pt!r.'Wl1l1!
45. The Tribunal's jurisdictionra/iollepe,~'W isp.e,cribed by the following provision
of Article If ()fthe Statute:
"Article li
1. The Tribunal shaH bc'competent to pass judgment upon any
application:
a. by a member of the stafTchalJenging the lcgality of an administrative aet
advcrscly atfccting him;
2. For purposcs of this Statute:
c. the expression 4mcmbcr of the staff shall menn:
1For c.'xamplc.the Furl<fsOmbudsperh3Srderrcd ro ", the ,lrbitrnry and [Jnfair trcarmenf of wntrartual
,lO..-~" .dm{)yeeo;,ifmajor<;y:>tcmproblem athe Fond" 'Nincteenth i\nnual Repoofthe
UmbudsJ'l! D~~C'nmbe1r. 1998. pp. 7.f«.) ,
r: rhe l'N9 rl!v;'icd Po/iey fimits the cumulat()contracfual .lppotnr{ o amor-y.r m.u;imum.
\Vl'IltunctiHnthat are expec10ben~eûe tr t'NOyt!au~more .1r:orm.lfltu he performed by
.:mpfoyees ûn it.1tf 3ppointtncflCs.rnamlaÎnstlt:\iblliryff.!sperûh\!'atl4uil rAt~r;-h<lsed
~xper tHr.hl)mlnJivlduanrcutnsfum.'molyjusufyhinng .an\,;"umrat:lUahti~)l()r,an rwoyt!;lrs.
f PO[I(.yc.dcgor oiEe~plt)~i a.uay 10, <J1J9) - 12-
(i) any person whose current or thnner Ictter of appointrncnt.
whcthcr rcgular or fixcd-tcml. provides that he shall be a
,mcmbcr of [he'statT;
(ii) any CUITeno tr tonner assistant to an Executive Dircctor; and
(iii) any successor in intcrcst to a deccascd member of the stafl'as
dctined in (i)or(i iabove to the c:dcnt that he is cntitlcd to
asscrt a right of such staff member against the Fund;"
46. The question prescntcd. therefore. is whelh(.'" pplicant is a "person whosc current or
ttlrmerIcttcr uf appointment, whcthcr rcgu[ar or tixcd-tenn, providcs that he shaH be a
mcmbcr of the stan". (Art. Il.par.!. 2.c.(Î).) As notcd abovc. Applicant's contraet of
cmploymcnt c.xprcssly providcd:
','Youwill not be a staffmembcr of the Fund and willnot be cligible tor any
bcnctits other than thosc spcciticd in this Ictter.··
47. The Funu points out thal exclusion of contractual employces from Ihe Tribunal's
jurisdictionasnot only I.!'xplicit.but aJso Întentional. The Report of the Executive Board
accompanying the TribunaJ's Statute notes with respect to Article H:
··Nor would persons I.!'mployed under contract to the Fund have aceess to the
tribunal."
(Report of the Executive Board. p. 15,) This vicw tinds tllrther support in thS~atute's
Iegislative history, which suggcsts that the exclusion of contractuaJ I.!'mploycesfi'om the
Tribunars jurisdiction ratione per.wnŒwas a considered choice of its dratlers, rctlccting a
recognition thal a septlrate dispute 'tcttJemcnt mcchanism cxists fin resolution of disputes
with contractual cmploycr:s. Th~s deisputes arcfikelyto be of a diffèrent charaeter than those
with mcmbers of the staff. as their employmcnt is govcmed oy the tenus of thcir contracts.
Ay contrast, the tenns and conditions ofstaffmcmbers' cmploymcnt are tixcd by the Fund's
gcncralJy applicable rcgulations.f~
48. Finally. it should he notcd that the statutory provision dcfining the (MFAT"s
jurisdictionratÏone penonŒ appears ro be unique among international administrative
tribunals in c::<presslyprcdicating the Tribunal'Iijurisdiction on the language of tIdtcr of
,. (,M)~o_ J.R~v !1May 1.Il)~ Secion 7 ()1(J) pro\'!dc'i tont rhe ktter ùf Jvpcaen')tafff
!f1l!mber"haHmdude ifl,JÎi~
..fhe )falemenr rhat calmember ~ha fl~l.lb 10Jtt:tunt':Jdmlni~tr rguliroise,t::t
Jmt:nJedJnd.;upplemenrcdfrQmtlme t!ime.·· - IJ -
appointm t~nrby. Icaving little room tor doubt alowhcthcr a particular individual is or
is not a "mcm~ ofr[he stan".15Apphcant, noncthclcss. has asked the Tribunal to look
bcyond the language of his Ictter of appointmcnt to detcrmine that he was a "de tàcro"
membcr of the staΠcntitlell to bring his complaint to the Administrative Tribunal.
The Administrative Tribunal' s jurisdiction ralione malerÙe
..t.9. Resptmdent also contends that the Application should be dismÎsscd as not tàlling
within theTribunal's jurisdiction rarione InateriŒ.
50. Article Il limits the IMFAT's subject matter jurisdietion to challenges bya statf
mcmber to ·'the Icgality of an administrative aet advcrscly affecting him". (Art. fi, para. I.a..)
"Administmtive aet" is dctincd as tùllows:
"Article Il
2. For purposes of this Statute.
a. the expression 'administrative aet' shaH mean any individual or
rcgulatory decision takcn in the administration of the staff of the
Fund;'·
The aecompanying Report of the Executive Board commcnts:
"This dctinition is intended to cncompass aH dccisions affccting the tcnns and
conditions of cmployment at the Fund w~hethcr relatcd to a statf mernbcr's
carcer. bcnetits. or other aspects of Fund appointrncnt. induding the staff
9
reguJations set torth in the N Rulcs!6
(Report of the Executive Board. p. 14.)
<For t::.1tample.rhe jur:isdit:tîooal pro\·ision of the .'sian Deve/opmenfrihunalwhich isative
tlso quite narrowly drawn. is nut.JS I!xpliçir.1s thalûf [he IMFA L ft providcs:
"Für the flurp{)this "tatutc,~:\'pre "<embero{ithe "t'llr me:ms dOyI.."urremor f'imner
member of the Bank 'i~hofhofdor has hdd r~gul :apoinrmenl il tÎlted- atpirmment of
{wu Jean û(more, ..tStatute of the .\DBA T. Art. if. para. 2.)
fI)The By-l.lw ... Rlllè:iand Regulations >tfthe Fun.! Ctinrain;1Set:tion "J, "St~tf :mt'\lallO""", 'A.hfdt
tÎJnJamcrlpro'''511gùvemmg rt:çrJl Jnd pntonnance üf~ta fTmben. - 14-
51. The limitations on the Tribunal's jurisdirllfiOltf! pe,.:andrationelt1aleriŒ
appcar to be dosely intcrtwincBy the ferms of the Stature. actions constituting
"administrativeaets" arc dctincd as restrictcd to thosc takcn in the administration of the
..stan ....Hcnce. fund actions takcn with respect totorcxample, contracruals. are
outsjJe th~ctl ofethe Tribunal's junsdiction rclliOltt!materiŒ. Moreover. the
"'administrativect" at issue must advcrsely atfccl the "mcmbcr of the staff' bringing the
I.:hallcngetilIcgality. (Art."ll. pam. La.).
52. The fund notes the t()lIowing comment in the Ex.ecutive Board Report:
"The statute would not allow unsucccsstùl candidates to the staff to bring
daims betore the tribunal."
(Report of lhe E"(ccutivc Board. p. 15.) On the basis of this comment. the Fund argues that
the Statute'sjurisdictionprovisions prt..-clude'"judicial intcrfcrence with the rccmitmt'nt and
selectionof staff' and rhat '·staffappointmcnts are not within the Tribunars competence
ralione materiŒ."
53. In _rYfr.MD~.Aou Aptl.cant v. lptemational Monctary Fund, Respondcnt.
Judgmcnt No. 1996-1 (April 2,1996),the IMFAT had occasion to consider the scope of its
jurisdicrion ovcr mattcrs prcliminary to the n;ring of a rnember orthe staff. Although the
Tribunal framcd (he question ase orjurisdktionralÎrmeper_wnŒ.the decision is relevant
to the issue of jurisdiction raliolle materite as weil.
54. Jn D'Aoust therc was no question that the applicant was a member of the staff.
Nonerhcless,Olthe time orthe aet eomplaineot:i.e. the dccistootlèr him a partieular
grade and saJary,e was not yct a staff membcr. The Tribunal observed that once
Mr. D'Aoust acceptcd the oner and rhercby bccame a member of the staff. the grade and
salary under which he was cniploycd wcre detennined by that orfer:
UltÎslhcrctore concludcd that since the offer and acceptance of a particular grade
and saJary thcrcupon and rhcreafter atfected him as a mC!mberof the staff: the
Tribunal is competen10adjudge his case." (Par10.)
55. fhe Tribunars dccision in D'Aousl rcvcals that decisions taken by the Fund
prdiminary ro an applicant' s becorning a staff mcmber m'ayindced be within [he Tribunal 's
competence ratione lnulerÎŒas long as (he chalknged act affects the advcrsely atfected
individual in his capacirilmembcr·of the statI Mc. '.;by,contrast. has nevcr bccome a
mcmbcr ofrhe fund's 'itafr
} lnthis rl"'ip«: L"J.I\tpfgUl<tlletnrr[hcI~:nrJ isL!j~O..mudrav.\.jian
Oç\ld(]pmçnt A!.an DevdopmenOank :\Jm,m'i[r.ttivl! rnbunar-)OCCiilt~o.~.1(!lf!In
(l:o'ntinucd) - 15-
56. In consiJcring the issue ofjurisdiction in this case. the Tribunal is mindful that
international administrative tribunals arc tribunats of limited jurisoiction and may not
cxcrcÎse powcrs beyono thosc grantcd by the!r statutes. fhis principlc is cnunciated În the
tirst sentence of Artide 1Jr of [he l~f A rs Statute, \\Ihich states:
"Article fn
The Tribunal shall nof have any powcrs beyond those l'onfcrrcd unoer this
Statule .... "
According to the.Report of the Exccutive Board:
"The tirst sentence ofthis Article. in providing that the powers of the tribunal
are limitcd to those sct torthln the stature, states the gcneral principle
r~cogni iz endernational administrative law that tribunats have limited
jurisdiction rater than gencral jurisdicti(ln.<As a consequence. administrative
tribunals have competence only to the cxfent that thcir statutes or goveming
instruments eontèr authority to decide disputes. Thus. the statutory provision
dclining the competence of the tribunal is, at the same time. a prohibition on
the exercisc of competence outside the jurisdiction eonfcrrcd.
, Sc!e.e.g.. (he atJvisllry l.pmion of rlle ICItht: cumpetence uf tJtOJ\r in
JuJgmell/s(Jlthe1Jmmi.vlralÎvTrihllll(Ji/heb7ternlltÎtmall.ahoOrgi.lnùllliIC)
Rc:ports ( 19;6) 77. at p. 97."
(Report of the Executive Board, p. 16.)
57. Article IV of the Statute applies this gcncrallimitation on the IMFAT·s·powers to the
specitie issue of the Tribunal's competence to adjudge particuJar cases. \Vhile granting the
Administrative Tribunal power to decide issues regarding ilSown competence, Artide IV
requires that thcse bescttJed "in accordance Wilhthis Stature":
"Article IV
Any issue conceming the competence of the Trihunal shaH be s~ttl bye he
Tribunal in accordancc with this Statute."
The commcntary notes fhat the Tribunal's task fSfu "intcrprct but nàt c.'<pand"its statutory
authority:
\\11II:hthe:.JppI!ladalrc'1tOecome" ..rafrm:mbc::heforebrmging J.;liumrh.lt he was .;otcothe
hcndi lf ,raff mcmbt:Nhip l:1penoJ prt!Œtfmg hiappotncmèn! fo theratf - 16-
"The tribunal would have the authority tu detennine its own competence
wirhin the (cnus of its statute. Comparable authority has been accordcd to
virtuaHy evcry international administrative tribunal,q whkh is intcndcd to
aHow the tribunal to intcrpretUI not expand its competence with respect to a
particular case.
PFg .. LNAT Statute, Mticle 20r;';;tature,Mtide 11(7rSlalut.:, Mtkle lU"
{Report of theE.~t..· Boaru.tp.:l.)
58. FinaUy, other limitations on the jurisdiction orthe IMFAT are set t(lrth in the third
sentence of ArticleHl.which provides for distribution of power among the Administrative
Tribunal and the legislative and ex\.'Cutiveorgans orthe Fund, and in Article XIX. which
grJntsto the Board of Govcrnors the power to amend (he Tribunal's Statute.
The third sentence of Article IIf provides:
."ArticleIII
Nothing in Ihis Statute shalliimit or modil)' the powers of the organs orthe
Fund under the Articles of Agreement. including the Itlwful excrcise ofthcir
discrctionary authority in the taking of individual or rcgulatory decisions, such
as thos etabfishing or amcnding the tcnns and conditions of cmploymcnt
with the Fund,"
The commcntary emphasizes that the Tribunal·', ..must respect the mandate of the legislativc
or cxecutive organs to formulate cmploymcnt polieics appropritlte to the needs and purposes
nl
of the organization. "
il'ï~ Ihin'\Cn ofAernleH~lincorporares, as part~owmie intrment ofrhe tnbunal, the
~n"C\ of.''PararillOof powl;!r belWtnbunaJun the (me hand. and the h:gislarivc and executl\e organs
nf rhe instirurion.ntnef"<lntl.'itatingcthe~I:lblis lIte tbunal wouldnot În aWdy afTect
the aurhority conferr(fthorgans of rFund under the Articles of Agreement. J'his prov ision would he
parrkular~ignitk win(rc~pe tcthe authority conterred under Arti~L'crlHi).which authOn7t~i
,he f.x~wt ;oad ro t:onduc! the business of t:10<under Sectlun 4{h, uflnal Article, v.hîch !"SlmerS
the: Managing Diredftconduct rheordinabusin eft~e Fund. -;ubJI.'Crro the gCtleral cuntrol of the
F 'lCCUnvBoard.
rhi ..pn.,VljlOn it~nWrifhwcll-l"srabli..heI:lin 'A-nidl!udicial bodicq han! rcpeat(..-dfyjftirmcd
tht:Illt::tpa~ù~ub$tJ ft:tùcrt)udb'1l1entdlOieurThe ,lIHhonucm \\'hichtJi...: ha..rll'm
':!Jn/ [Fmvtd.teùlllltted.J fous•..da tribunal may dcwhernerilJ;'iuetionaad W,I1.1"-1i1,
mustr~spe rcem:mtlatc ortIcgjsla lteXI.-u.iorgilO[0 ttimlulafe !.!lJlppoh'ln(p~ropriatc: to
(continued) - f 7 -
59. That theAdministrative Tribunal may Ilot.:xercispowcrs bcyond [flOSCconferrcd t>n
it by theStatuleis underscorcd by the faet that the IMFA['s Starutc was adoptcd by the
Board of Gove:mors of the Fund (Resolution No. 48-1, Establishment of the Administrative
Tribunal of theInternational Monetary Fund), and Articlc XJX providcs thatitmay he
am.:ndcd only by rhal body:
"Articlc XIX
This Statute may be 3mt.!ndcdonly by the Board of Govcmors of the Fund:'
The accompanyÎllg commcntary states:
"This provision Îs similar to its counterpain the WBA T Statule. ft would
thus rcrnain open tothe Board of Govcmors. as the organ responsiblc f(lf
f(}rmally authorizingthe csfablishmt.!ntoa tribunal and approving the statutc.
foarnend orabrogatc the statute of thetribunalaner itsestablishment. rnthis
tashîon, the nature of thjudicialtunctinn p.:rfonned by the tribunal couldbe
Hmitcd or altcrcd with respect to future cases.-'
(Report of theExecutive Board, p.41.)
Does thenatu rfoA~pplicanfs alJcgation on themcrits require theTribunal to
exercise jurisdiction i(his case?
60. The principal issueraised by (his case is whethcr the nature of Appticant's aJlegation
on Othemcrits. i.e. Ihat he was iIIegaIly dassiticd as a cOlltractual cmployee when he should
have been hircd as a mcmber of the statT of the Fund, rC4uireslhe Administrative Tribunal to
cxcrcise jurisdictionuverhis daim t.!vcnthough its jurisdiction rlltivne personΠis limited to
daims brought by members of thestatTand il"jurisdiction ratione materùe is limitcd to
~hallen tg heslegalityof decisions taken in the administration of the staff.
6[. As revicwed above. the témIs (Jf the Statute's jurisdictional provisiexpressIy
dctine a "mcmbcr of the statT' as ·'uoyperson whose CUITentor fonncr lettcrof appointrnent.
wht:thcrrcguJar or tixed-tcnn.providcs that he shaH be a membcr of the staff' (Art. Il.
para. I.a.)nd Applicant's letter of appointrncnt expressly <;tates[hat he "will not be a staŒ
mcmber of the Fund". Nonethclcss. Applkant asks the Tribunal to look beyond the language
of his Icttcr of lppointment to Jcrennine that he was a "de tàcto··mcmber orthe staff lie
contcnds. furthermore. that thevicw chat[he Tribunal does not have jurisdicrÎon bcciluse
Applicant \Vasnot a ~taffmc rrnsbmcer as tme the very tàct at issue. Appficant argues
!he rlCl.'"tafnsd purposes ot the organizati:fnhunallsnot cumpt:fent'Jut:t '~~JiIUbfhry of
poliq Jeçr.;itms. [F()umlt1od.I'~ - 18-
rhat the Fund's aHcgcdJy iIlcgal dassiticati"on ofhim as a contractual cmployee should not
controllhe cxcn:isc of the Tribunal 'sjurisdiction.
62. On the Motion for Summary DismissaJ. the question betore the Administrative
Tribunal iswhcthcr it shall excrcisc jurisdiction in lhis case. In making this dctcnnination.
the Administrative Tribunal is presented witIWO alternatives. One is ro entorcc the language
of the contract and deny jurisdictinn on the basf the narrowJy drawn wording of the
IMFAT Statute and the c.~pr lengsage of Applicanfs terrer of appointrnent. The other
alternativeist()rthe Tribunal tirtoexamine the merits of Applicant's daim.i.ethat he
should he accordcd the bcnefits of staff mcmbership bascd on the nature and continuity of his
work, and then decide as the rcsuIt (hat cxamination whether it may cxcrcise jurisdiction
ralÎone perwmŒand ralione malerÎŒ. despite the language of the Ictter of appoÎntr(0the
contrary.
Must the Administrative Tribunal reach the mcrit§ A..Qplicant'sclaim in ordto
~cci d ecthcr to cxercisc iurisdiction or may if rclyon thç.Janguagc of Applicanfs
lçttcr of appointrncnt and the applicable jurisdktional provision of the Statute?
63. Other international administrative tribunals, interpreting ditfercnt jurisdictionaI
provisions, on occasion have detennined that it was necessary to considcr the merits of a
daim in order to detcrinine whcther to cxercise jurisdiction. rnB.oJustin. Applicant v.
Thc World Bank. Rcspondent, World Bank Administrative Tribunal ("WBA T') Decision
No. 15(1984). the WHAT was sciLcd by an application aJlcging breach of contract, brou"ght
byan individual who had bccn notiticd ofhis "sdcction" tbr particulapost, but who latcr
\Vasdcnicd s:mployment by the Bank on fhe basis of his age and mcdical conditioThe
WHA T consids:rcd ahat:
"23. The question whether or not the Applicant holds a contraet of
crnployrncnt with the Rcspondcnt and, lhcreforc, is a staff membcr under
Article' l of the Statute chedecided only after a substantive consideration
of the case...:~
64. The WBAT ctJn~r ufered dctailed cxamination of the factual circumstances,
principJes of contmet law, and the Rank's personnel practices (hat a conteact with applicant
had. infactobes:n tormcd but rhat it later camantend when he was otlicially iriformed rhat
he was no longer cligibfe tur the appointrncnt. (Para. 39.) Hence. Justin is signifie.mt nof
only bccause[he tribunal chose to examine thc meriof thecase in order to detcnnînits
jurisdiction bu<ll5Obccause if dctennjned to excrcisc .Îuri"dicrÎonover {hedaÎm cvcn though
.applicant ncvcactuaHy became employed with theBank.
65_ /\ similar~lppro \Vcatakcn by [he International Labour Organisation
AJministmtive Tribunal ("llOA T'")in In re Labm1he, ILOAT Judgment No. 307 (1977).
rhe ILOAT nulcd thc ,ongrucnee of the jurisdicrîonal question and rhe qucstiùn on the
mcri[s: - 19-
"If the~omplain doens~stabl tatshe hus sm:h a contract. il Îs not
disputed that in the cin.:umstanccs of this case his daim must sU\:cced. Titus,
the issue bc(ween the partieson jurisdictionis al50the issue bctwcen (hem on
the mcrits. and il is convcnient to deal wititunder the latter head.··
(Para. ..J.(d).)
AneTexamining the facts. thetribunal t'{:mnthat a contract had cxistedtoappoint applicant
to thepost and awarded compensation for its brcach.
66. The same approach was taken by the United Nations Administrative Tribunal
("UNATt1) in Camargo v. The Secretary-GcneraJ orthe United Nations. UNAT Judgemcnt
No. \)6 ( 1965)although with ditTerent n:sults:
"The question whcthcr or not the Applicant must be reganJed as rhe holder of
a contract of cmployment with the United Nations can theretorc be decided
only aller a substantive consideration of the case, which it is incumbent on the
Tribunal to carry out." (p. 87.)
ln çam'!r-&Q.the VNAT decided that the applicant haJ not made a valid acccptance of a valid
offer of \!mploymcnt and thercfore was not the holder of a contrad of employment. (p. 88.)
67. \Vhile international administrativetribunals thus occasional1y have found itnt~essary
to examine the'merits of a case before dctcnnining whcther to cXt..Tciscjurisdiction, [here is
also support for the view Ihat jurisdietion may be dcnied on the basis of the language of the
applicuut'scontmct of cmployment and the applicable statutory provision. In addition, sorne
dccisÎons have rejectcd on the mcrits daims that contraetual employecs have employmcnt
rightsbeyond those prcscribcd by thcir contracts.Stillothcrs have come to the opposite
conclusion, somctimcs taking a broud vicw of jurisdictional prerogati vcs.
68. In ln re Privitera. ILOAT Judgment No. 75 (1964), the applicant sought "restoration
of hisrights as a staff member" afterhe receivcd notice that the organization dit! not intend to
otTcr him a third contmet on the expiry ofhis second. The (LOAT observed that the
applicanCs legal status was detined by his contraet, which stipuJatcdthepresent contract
docs not confer upon the holder the tide of otlicial of the World Health Organization"
(para. 2.and dedined jurisdiction. The tribunal ~mphasized:
"2. In order to dctennine, in the present case, the tcgal nature of the relations
betwccn.the complainant and the Organisation, only the contract concluded
between them on 27 Dccember 1961 must be taken into account. The
complainant signed Ihis contract voluntarily and with full knowledge of its
tenus...."
69. lt should be noted that in Privitera, untike [he case prcsently betore the [Mf AT. (he
.lppticant apparently allcgcd not'Jctualbasis for his daim of staff status. apart from the faet - 10-
(hat prcviously he had hdd a contract govemed by Iht!Statf Rulcs. Thc trlJbs~r vat J
the contract at issuc wasa ··special character" Jnd the ", ..tasks cntrustcd to [he
complaÎnant \Vereoutsicle the seope of the nonnal fùnctions of the Organisation and \Vere
connectcd with an exccptional. as weil as a tcmporary, mission." (Para. 3.)
70. In ln rc Darncacles. ILOAT Judgment No. 67 (1(62), the IlOA T aJso denied
jurisdiction on the basis of the language ofa ('l)cmployrncnt and the applicable
statutory provisionIn that case. the tribunal had occasion to interprct thc toHowing
provisions of Ar1icle Il of its Statute:
..,. The Tribunal shaHbe competen10 hear complaints allcging non
observance. in substance or in fonn. of the lerms of appointrnent of officiais
of the International Labour Office, and of such provisÎons of the Staff
Regulations as urc applicable to the case.
5. The Tribunal shaH also be competcnt to hear complaints alleging non
observance. in substance or in fonn, of the tenns of appointrncnt of otlicials
and of provisions of the StatT Regulations of any other intergovcmmcntal
international organization approvcd by the Goveming Body which has
addrcssed tothe Dircctor-GcneraI a declaration rccogni/ing. in accordancc
with its Constitution or internai administrative rules. the jurisdiction of the
Tribunal tor this puzpose. as wdl as ifs Rulcsof Procedure."
7[. InDarricades, the applicanfs cmpfoyment rcfationship wwithUNESCO rathcr
than with t,helLO. Hence. the ILOAT was rcquired to apply the Staff Regulations and Rulcs
of that agcncy in ueciding the matter of the tribunal' s jurisdiction. Thcse Statf Regulations
and Rules grantcd the right to'appeal tu the Administrative Tribunal to a "staffrncmber",
dctincd as ..<person cngaged by the Dircctor-GcneraJ other than... a person spccitically
cngaged tor a'conference or meeting." (Pa1.)ln dcnyingjurisdictioover applicanfs
complaint. the [LUAT cnforccd this speci tic detinit;on of "statT member", finding that the
cvidencccontinned that the applicant cntcrcd the service of UNESCO "solcly and
speciticallyt'Jthe duration of a month-long meeting. The tribunal nofcu as \VeUthat the
contract of appointment h"pt..~ tattthe undl!rs shglnnodhe rcgardt.-d as a staff
mcmber"_ rhe lLOA T concfuded that rhe appHcant was "a purcly casuaJI!mployec" Jnd not
subjcct to ils jurisdiction. (Para.
72_ lntD re Am~~kc ltOA T llldgrnentNo. lfH4 (990),the tribunal consïdcrcd the
compJaintof;m applicant who forrncrly had been employcd unJer a '1ericsof "special
'icrviccs agrcements" and Jater bccarne a -;taff rnember. FuHowingabolition of ois post,
~Jppli iomJnlined that thamount ofhis termination indcmnity and pensi~ntitlcmcnt5
improperly c,dudcd his periods of ..erviee undçr the special services agrefhents.
tribunal di'Smisscdhis daims on the nlcrits. - 21 -
73. Although no jurisdictiopal issue arosc in ,:\mezkct;!, prcsumably because he \\:as a
staff mcmber atthe time his cmployment was tcnninatcd. the case is instructive in upholding
the tenllSof the cmployment agreements despite daims that the agreements wcre a "'cgal
fiction" unsuitcd to the functions applicant was pertlJnning. (Undcr the agreements, he had
'been employcd as a teacher of Spanish; as a staff membcr. he was a "Ianguage-training
otlicer".) ln rcjecting applicant's contentions, (he ILOAT nOlcd that any rights arising
during applicant's perioJ of service under the special services agreements \Vere limited to
thosc set tllrth in the agreements themscl"cs. and that disputes thereunder were subjcct 10
arbitration procedures:
•..3.... Undcr the provisions ofSeclÏon 319 of the FAO Administrative Manual
the holder uf a spccial services agreement is rcfèrred to as a ·subscribcr'. A
subscriber is Ilot considcred to be a staff member. and the StafT Regulations
and Staff Rulcs do not apply to him= his rights and obligations as ·men arc
strictly Iimited to the ferms and conditions set out in the agreement and any
dispute that may arise is to be scttled by arbitration."
.74. In Teixei'rav. The Secrctal)'-Gcrieral orthe United Nations, UNAT Judgemcnt
No. 233 (1978), the applicant sought a ruling from the tribunal tnat "he had in tàct become a
statTmembcr" of the employjng organization, while it had. for improper purposes, continucd
tu cmploy him under a special service agreement evcn though he perforrned work that
ti)rmed part of the normal functioning of the organization. JurÎsdic.:tionuvcr Teixcira's
complaint had becn established in an carlier decision. Tcixeira v. The Secretarv-Gcneral of
tfl_eUnited Nations, UNAT Judgcmcnt No. 230 (1977). ln that dccision, the UNAT rulcd that
hccause the applicant c/aimed certain rights under the StatI Regulations and Rutes, the
dispute could be heard by the consent of the partit!s ••... without [the tribunal's] atlinnation of
its competence Icarling to the conclusion that the Applicant is a statT mcmbcr or t'ormer staff
m\!mbcr orthe United Narions". (Para. IV., dting, ÎIlIt!raliCamargo,)
75. In its decision on the merits, the UNAT rcjccted Tcixcira's attcmpt to ••... use his
f.'1cmalsituation as an argument to daim a Icgal status ditlèrcnt from his contractual stattls."
(Para. IV.) ln50 rleciding, the tribunal noted that the applicant shared responsibility witthe
urganization for his contractual status and that the contrac:t Îtsclf cxpressly dcprived nim of
staff rncmber stams:
"11. The Tribunal notes that the Applicant himsclf at tcast contributed 10 the
creation and renewal ofthat situation by agreeing toeonclude with the
Administration. during a pcriod of almost lO years. special serViceagrccmc.!nts
umJer which he acccpted the Icgal ~tat of sn inJept.~ cdnerncor and
I!xpressly and unambiguously waivcd being 'consÎdercd in any rc'\pcct as
being Ilstaff mcmber t)fthe United Nations. •
1IL. ...On this pointitsufficesfor the Tribunal to observe that in law the
.-\pplic:mt was free to refrain Fromcntcring into those agreements .....• - 22 -
76. The tribunal reacheilS ~onclus dcsoie noting rhe organÎzatiùn"s
acknow k:Jgem~ rhatuse of rhe special service agreemCnfs in applicant' s case was contrary
to ifs own personnel directives;~lgen fcrywhidl the applicant worked had becn unable
10obt.tÎn thm'\:cssary timding rrom Headquarterfootfer hima regular post and hence
continucd to have rccourse to these agreementrn the tribunars view, howcver, applicant
had not shown that he was advcrsdy atfcdcd by this impropcr praetice:
··vr..~IJtho iuprhpcr. this practice, which is criticized by the Applicant,
was tàvoumblc to him. sinee it cnablcd hto continue rcndcring servicand
rceeiving remuncrati.on.
Vif!.ln thesc eircumstanccs. the Tribunal considers lhat the Applicant is nl)t
cntitlcd toaim lhat he sustained any injury .... "
The tribunal thcrcfircje~ thedaim rhat the appJicant was treated unequally vis-a-vis
statfrncmbcrswith resp~ tthis remunemtion. right to rest, or social security. (Para. Xl.)
l'faims ofunequal trcatrncnt, notco the tribunal. couJd be made only vÎs-a-vis other
individuals cmploycd on special service agreements. (Para. X.) The UNAT did. nonetheless.
award a tcnnination indemnity bascd on Tcixcira' s lcngth of service and the quaiity of his
work. (Para. Xlf)
77. In lnccBustos, ILOAT Judgment No. 701 (1985), by contrast, the ILOAT took a
ditferent vicw. looking bcyond the language of a c:ontinuous series of short-tenn cmployment
contraets rcncwed over a pcriod of eleven years betwccn the applicant and the Pan Amcrican
Health Organization (PAHO), holding that these tonned a single contract ofindctinite
duration.
7R. The organization chaHcnged the tribunal's jurisdiction on the grounds that the
appficant wasan indepcndcnt contracror whose contruct expressly statcd that it was "'alease
of work .md not a relation of subordination" (p..JThe tribunal chose not to answer the
question of whcthcr the truc relationship of the parties was as an ·'jndependent contractor" or
as "master and servanC. obscrving [hat therc were faets supporting view. (Para.h.)
Instead, il took a broad view of ifsjurisdidmandate. dedaring that jurisdiction nCt.-dnot
dcpend on statl" mcmbership. but rat~oul bd excrcised hcre bccause applieant's link with
rhe organizatitJn was '"morethan a purcly casual onc":
"1. The Organization objects tthejurisdiction of (he Tribunal on the ground
[hat the complainant was !lever a statf mcmber. But injuri~pru tffcnce
[he TrIbunal its jurisdiefÎon does not dcpend upon ,.;ratfmemb.:rship. ln rc
Chailley (Judgcment !22) the rribunal said:
.White the SratTRegulatiuns uLmy organisation arc, as a whllle.
:tpplicable unwythosc l'atcgorics of persons exprcs:)ly speciticd -13 -
thcrcin. sorne of thcir provisions are merely the translation into writtcn
tonn of gencral principlcs of international civil servl'l hcse~
prindplcs corrcspond althe present lime to such cvidcnt necds and arc
rccognizcd su gcneraHy that they must be considcrcd applicahle to any
cmployccs having any link othcr than a pure!y casual one with a givcn
organisation. and conscquently may not luwfùllybe ignored in
individual contracts. This apphes in partieular ro the principle that any
empfoyec is cntitlcd in the cvcnt of a dispute with his employer to rhe
safcguard of sorne appcals procedure.'
The tàcts hcrcinatlcr set out show that the complainant's link with the
Organization was more {han a purcly casual onc. Accordingly the objection is
ovcrrult.-d...
79. The ILOAT trarned the question lm the rnerits in H.ustosas "whether the relationship
between the parties \Vastruly exprcssed by a series of scparate contracts tor tixed periods or
whethcT il could be properly expresscd orily by a single contract fOTan indefinite pcriod"
(para. 6.). Jnd answcTcd as lollows:
"9. The mutual intention. fonncd ... was that the complainant should be
cmpJoycd for as long as his serviccs werc rcquired and he was willing to give
them. T0 an agreement of such chameler the law adds the tcnn that rcasonable
noticeof tcrmination must be givcn .... "
80. It should be noted that in 8.JJstos the tribunal awarded compensatîon. but did not order
rctroactivc reinstatcmcnt as the applicant had sought. Likewise. it rejectcd the claim that
èl)mpCnsation should be assesscd as a sum cqual t,othe diffcrcnce bctwccn the amount he
rcccivcddunng thc contraet penod .md that which he would have receivcd as a regular
cmployce. noring that "[tJhe Tribunal has npower ro rcconstruct the contract retroactivcly
nor to rctonn -the version of it in which until ils tcrmination the complainant acquiesced."
(Para. Il.)
HI. fhe ILOATin flustos also underscored the cxeeptional nature of ildccision to
override the express language of theshort~t contrnets under which the applicant had becn
cngagcd:
·'5.The function of a court offaw is to intcrpfl't and apply a continct
accordance with the intention of the parties. \Vhcn a contract is cxprcsscd in
writing. the intentioisnormal1y to be ascertained from the documents
produced, rn sorne cases. howevcr. the parties .- or at any[h~tparty which
is in a position to t(}rmulate the document - Jo nut desire rhac the true
rcfationship "houId berevcalcd. The rcason for this is chat. If the true
rdationship was made manifcst. the faw would impose consequences which
the parties - oalany r:ltc the strongcr of thcm- do nowi~ o tàcc...Jn the
circumstances in which the partit.o the present case opcrare, tsir~atÎon - 24-
might be rhat the parties - ür one or other of ,hem - do not wish the contrads
lo be govemed by the StatT Regulations: the t:asicst way ofa~hiev ihntgis
torthe parties to cxhibit in the document a rclarionship which does Ilot makc
the empJoyce a staff mcmber ... ,
10. The present case is of a very cxccptional. if not unique. charaetcr[tcan
only be very rnrely indecd that a case cornes before the Tribunal in which il
will look behind [he documents to asecrtain the iruention of the parties ... In
uny evcnt the Tribunal's decision does not affect short-term appointments in
gcnernl."
X2. Finally, in Jorge O. Amora v. Asian Development aank, Asian Developmcnt Bank
Administrative Tribunal r"ADBA r n)Decision No. 2...(1997), the ADBAT also lookcd
behind the express language of a contract of employrnent to alTord the applicant the benetits
of stltl membcrship. rn Amora, the applicant workcd l'rom 1979 unti1 [993 under a series 0 f
contractuaJ agreements. until he was appointcd as a rcguJar staffrncmber in 1993. Vpon
reaching mandatory retirement age in 1995. he sought retirement and other benefits on the
basis ofhis service daring hack to 1979. The tribunal upheld his daims.
NJ. Among the lCnns of Amora"s contracts of cmploymcnt wcrc the following provÎ:;ions:
···Nothing containcd in the temlS and conditions hcrcin ..shaU be construcdas
cstablishing or creating any rcJationship other than (hat of indepcndcnt
contractor bc{wcen the Bank and [himl.'
'rHel sh..dl not be cntitled to any compensation. aUowanccs, bcnetits or rights
l'romor against the Bank othcr than c.xprc5s1yprovidcd thcrcin ....•.•
(Para. 3.)Nonclheless, c.'(aminjng thefaets, the tribunal he/,hal theapplicant had becn a
statf mcrnber in regular cmploymcnt of indcfinite dUï..ltiunsince 1979 and. as~uch c.uld not
he cxcJudcd trom the bencfitsof staff membership. Hence, the ADBA T dcclarcd the abovc
clauses of(he eontract "inoperativc". {Para. "4.) The tribunaJ e.xplaÎm.-dits dedsion as
follows:
"22. VsuaHy. a contract signcd by rheparties ;5bimling upon them. Thcre
are, howcvcr. ",ornc circumstanccs in whîch a contracl may be set 3side or
varicd by a competent tri~un Tai1 .appens. for example, whcn the ct>otract
timJarnentaHy disregards reality.
23. ftis the Tribunal's conclusion that in the presc1'3SCS,the:~fOAs
t\lemoranda of Agrccrne:fltJJîd oot n:tlcct the!n.ln:lationshlp bcrween the
Bank and [he Apphcant 'T -.
- 25 -
27. The Tribunal holds that recourse fo successive short-term or temporary
contractual appoÎntments tn jobs which are esscntially of a permanent nature
is not a tàir cmploymcnt practice. particularly if sueh appointments can be
shown (0 have becn made only to deny employees sccurity of tenure or othcr
conditions and bcnetits of service. Such appuintmt'nts are pcrmissible only jf
they have a dear tlmt:tional justitication and rationale in the cxigcncics of
management and the nature orthe job in question, and are subjcct to
limitations bascd on'nonns of good administration:'
84. In rcaching ilSdccision. the tribunal tirst considered whcther Amora was an
indcpendcnt contractor or an cmploycc of the Bank:
"J 1. Although cvery MOA under which the Applicant workcd contained
rcferences to his 'services'. it is quite clear that he was nnt cngagcd undcr a
contract tor 'services' to pertonn a specified picce ofwork, for a stipulated
l'ceor priee, under his own responsibîlity and according ln his own mcthods.
without being subject to the controlof the Bank (except as to the results ofhis
work), and invesling his own resourccs, in regard to tools, cquiprncnt,
materials and the like.
32. The MOAs did not describe the work whkh the Arplieant was
requircd to do; hewas to work, in the Bank's premises. under the direction of
theBank's officcrs and in accordancc with their Înstmctions; he was not to be
paid tor the job or the result, but was to rccdve a regular. stated rnonthly
remuneration; indeed. hecven receivcd incrcmcnts mid-way through several
contracts, just like an ordinary employee: he had to work tull-time in
accordance with the Bank's working hours. and could even be required to
work ovcrtirnc or on shitls; and he was cntitled to annual, medical and casual
Icave. One of his obligations was 'at alliimes [to] refrain from activdy
cngaging in any politieal activity' (emphasis supplicd). AU along, the
Applîcant was ncithcr carrying on an indcpendcnt business nor could he
assign the perfonnance of the work to aoyone cise. On the contrary, his work
was part ot:or anciUary to. the Bank's business,"
ConcluJing \)fthe basis of the above cvidcnce that the appHcant was a 5tatf member 3nd not
an indcpendcnt contractor, the AOBA T went on to decide that he was not a staff mcmber
,oappointcdon contr~c baui" lbut r3thcr hcld a regular appoinlmcnt of indctinitc duration.
ft\.Vasthis distinction that mcant [hat Amora could not he cxcludcd from coverage of the
Staff Regulations:
",U ._,., In [he light IJfjucces~ exîvnsions and rencwals orthe
Applicant's 'crviçe wilh the Bank toran unbrokl!n tenn ofalmost l-t years,
(he Tribunal, in theabsence ofany con\lincing I!xpfanation by the Rank, holds
thatthe .;.\pplican5cmployment \\Tasintended h) be of indetinite duration. -16 -
42. ln the pn:scnt case, the Tribunal finds nu fimctional reason
whatsm:vcr. justifying the recoursc to short-tcrm contracts. in the tàce of a
continuing rda,tionship. ftis cleur that the work donc by the Applicant for the
Rank was a continuous whole. evcn though he nad hcld ditlèrcnt positions
during his can~ inrthe Bank. just as rcgular staff mc:mbcrs do. Thus the
separation of his work with the Rank into individual ycarJy contracts was a
pure tiction.
43. . . ' Here, as no reasoncxists objcctivcly, and no good rcason was
providcd by the Rank. for the use of annual contracts tor what was in rcality a
long-Icnn cmployment. the Tribunal condudc:s {hat the use of annual
contracts withuut anyJ!Jnctional justification is an abuse of power. Thus. the
[rue h!gal rc:lationshipof the Applicant to (he Bank WOlSthat of a staffmembcr
holding a regular appointmcnt." (cmphasis in original)
"45. The Tribunal holds that it has jurisdiction raüone per.VtJnŒ as the
f\ pplicant was mcmber ()fthe Bank' s statT holding a rcgular appointment
within the mcaning of Article Il ofrhc Statute of the Tribunal."
85. ftis important to observe that in Amora the question of jurisdiction ralkme persOIue
arguably was never reafly at issue. since by the time the applicant tiled his application with
the tribunal he had indisputably acquircd the status of a regular stailmcrnbcr of indcfinife
du~ati byo nirtueof his ncw appointrncnt in 1993. NoncthcJcss • .it may be of sorne
significance Ihat the AD8AT i.:hose to place ifSholding on jurisdiction tollowing ifs
conclusions on the mcrits. Moreover, the cxcrcise ofjurisdiction over issues arising before
Amora'5 tè.mnalstatl' appointment in '993 perhaps suggcsts an expansive approach to the
ADBA1's jurisdiction,.alione maleriŒ.
R6. \Vhilc the Tribunal tinds the intcrplay of the cases of other administrative tribunals of
intercst. the case betorit tàUs tobe dtxidcd on the basis of the particuJar provisions of this
TribunaJ's Stature and its frmlaUl préparatoires, and ufthe specificationsof the Applieant's
cuntraét The Administrative Tribunal concfudes that itlacks jurisdiction in this case in vicw
of the express language of rhat contraet, w'hich denies Applicant ~[a mtfmbcrship. und of the
c,'(plicit wordingof the lMFAr Statute, granting the Tribunal jurisdiction uny over
cùrnplaints hrought by a "member uf the staff"C\rtide lI. 2,c(i)of the Statute,wpra.
para, 45) chaUcnging a "decision [;lken in the admInistration of the statf,'
h the Administrative Tribunal required ta e\crcÎJe jurisdictioD in thiJ case on
the ground lhat otherwiJe :\ppfkallt'J complaint may e,cape re\'iew by an
impartial adjudicatory hody? -27-
S7. Applicant has "alsoargucd that the Administrative Tribunal is rcquircd ro excrcise
jurisdiction in this case because othcrwisc his daim wiIJ escape judicial revicw. In support of
this vicw. he has invokcd the principle of uudi attert/m partem.
S8. Arplicant has t;ittfhkuka n.The Commissioner-(jeneralof the United Nations
Rdicf3Jld Wor~_~gçn coyPalcs,ine Rctilgecs in Nç~r East (UNR\V,\), UNAT
Jurlgemcnt No.628 ( 19t)Jand rclatcd cases t'Orthe pmposition lhaIMF AT should
cxcrcisejunsdiction over his daim because he otherwisc wouldIctlwithout judicial
rt.~r terhss gncvance. Shkukani, however. did not involv.e the expiration uf an agreement
witb a contr.1ctual employcRather, in S.!Jkukani.the applicanl sougbt reviewe
tcrmination of his staff appointment for .tlleged misconduct. At the lime of that tennination,
rcgulationsovcming the Arca SlaffofUNRWA did not provide for recourse to the UNAT.
whereas those goveming International Statl did.
H9. In considering its power to interpret its statute so as to afforedressial
cquitably to ail staff mernbers of UNR WA. the UNAT in Shkukani rctcrred to the advisory
opinion of the International Court of Justice conccthecompetence of the'LOAT.
Judgrnents orthe Administmtive Tribunal of the International labour Organisation. IC}
Reports (1956) 77, at p. 97, which il lluotcd as l'OUows:
..X...'However, the question submitted ro the Tribunal was not a dispute
bctwcen States.ftwas a controvcrsy betwceUNESCO and one of its
officiaIs. The arguments. dcduccd Irom the sovercignty of States. which
might have been invo~ n tavour of a restrictive interpretation of provisions
goveming the jurjsdiction of a tribunal adjudicating between States are not
relevant to a situation in which a tribunal is called upon to adjudicate upun a
complaint of an otlkiaJ against an internationaJ organization. '
The Tribunal thcrefore has consistently hcld the vicitis compctent to
entertain cases. such this one. where the primary concem is the absence of
any jutlicial procedure establishcd by the Arca Staff Regulations atorRules
(he scttlement of disputes submittcd to JAB.'·
90. (Jnlike the situation in [he case ofMr. "A", involving a contrnctual employcc, in
~hkuka tnetribunal' s concem was the diffcring treatrncnt of djtlèrcnt categories of 51afT
members (international stav.area statl) with respect to the procedures availablc for rcdress
nftherr grievances:
·~XL _T.he bodies to which the Applicant had recoWt.Teboth internaI
budies as indicatcd by [he method appuintmcnt of lheir membersfhe
Applicant "hould have haav~lÎl tohim. întàirn andscquity, an~_~tcrnal
judiciabody ro which he could have Jppealed. fndeed..the faet lhat the
internationaltatfmcmbcrs ofU~RWA had 'iut:hrccoursc. shows cvcn more
..tarkly the bias which exisred against the .-\pplicant and his dass of staff'..
- 28-
membcrs. \Vhy should not ail statThave sirnilar protection'! The Tribunal.
rheretùrc, rejects the Respondcnfs tirst argument." 1'1
91. By cuntrast. in parricadcs (supra. paras. 70-71). a case j'nvolvÎng a contractual
cmployce. the ILOA T was not persuadcd by the argument that by denymg jurisJiction the
applic3nt woulcl be ldi without any fi.>nunin which to press her daim. The lLOA T also
rctèrred to the principlc that international administrdtivc tribunaJs are torums of limitcd
jurisdktion. but uscd that prim.:iple in support of ils refusaI to cxcrcÎse jurisdietion:
"'3. The Tribunal reeognises that as a result ofholding that itlacks
jurisdiction. complainant isthcrcby regrcttably dcprivcd of any means of
judicial redress against the injury sustaÎned as a result of the aHeged violations
of her contmct but the Tribunal, being a Court of limitcd jurisdiction, isbound
tu apply the mandatory provisions govcrning ilScompetence."
.tJ2. Applicant aJso cites the principle of audi a/terum partem, and the Administmtive
TribunaJ's obligation to apply gcnemUy recognized principles of international administrative
law, in support ofhis contention [hat the Administrative Tribunal must excrcise jurisdiction
ovcr his claim 50 that ilwill not escape judicial review. Applicant spccitically rctcrs to the
st.scondsentence of Article ln of the Tribunal's Statute and accompanying commentary.
Article III providcs in pertinent part:
"Artide fil
Jn dcciding on an application. the Tribunal shaH apply the internaI faw of the
fund, including gencraHy recogniz,cd principles of international administrative
f
law concerning judiciaJ revicw of administrative aets.·
According to the commentary:
"... There are two unwritten sources of Iaw within the intcmallaw of the
Fund. First.the administrative practice of the organization may. in certain
19lafari v,fhs:Commisswner-Gcneral Qnb .. .j~d NationsReliefmd Wur"s ,\"mey for Palestin.&fyg~
inlh~Near E.lst. UNATJudgcm~ No,..t61(1990}. a/so circd by .\pplicant. iikewise éoncems extending nghts
to tribunal rt'v;ew to 5taff members who are glbyl,\rea StatRegulationsrnUohnv. fbc:Unîted
'i<1cionJsoint Staff Pt!Boarû,nLNA r Judgement ~o_ J7~ ( f9R6.JOdGi!ben v. The(;mted NaritmsJoint
StafPcnsion BŒrsJ. C'iAr Iudgemc=nt No J71(1'186)the UNA r.:xercised jumdictim;ercomplaints by
L~ESCO it1tfrel;Utng thepension adjusll'ti)''Çtabecause thek were "re/ated to" rhe Regulations of the
JoinPCn9(\loFund, ,\/kgarions Lont.:cmmg non-~erv:m utee Regulafions üfche JoÎn( Pension Fund
fdl ~xprC' wslsilythe tenm,)frhe tribunal' ..JurisJir.;tion agreement.:x(cndmg jurisdidioHfthe
L'NA r 10C~ESCO ,talf ln <!I(crci1unsdiction,the rnhutlal consufered tJdl\!'t'rhc4i~omplamts
wou/d nufbe ..ubJcc[0retires!>. •
•
-19 -
circumstam:cs. give rise fo It:gal rights and ol1s[FOl!lnote omitted.)
Second. certain gcnerprinci pfintrnational administrativlaw. such as
the right to bc heurd (the docofmu.li allL'ra", parteare$0 widely
accepted and weJl-cstablishcd in ditrcrent legal systems that they are rcgarded
as genemJly applicable to ail decisions faken by international orgallÎzations,
im.:ludingthe Fund:'
(Report of rheExecutivcBoard. p. 18.)
93. Applicanf s rcliancc on the principle of aIld;a/teram parlem. as incorporated in (he
internai law of the Fund. to contend that the IMFA T should cxcrcise jurisdiction over his
complaint would appear.lo be misplaccd. The purpose of the second sentence of Artide III of
the Tribunal's Statute is to prescribe what law the IMFAT "shall apply", i.c. "the internallaw
of the Fund. illc1uding gcncrally recognized principIesof intcmational administrative law
conccming judicial review of administrative acts," This statutory provision docs not relate to
the Tribunal" s jurisdiction. but rarher states what law should be appl ied by the Tribunal in
I...'arryinoiljudicial functions in those cases in withas jurisdiction.
94. The principJe ofal/da/feram parlem is. in Applicant's own words. applicable to
"decisions takeny the Fund." That principle provides a standard tur assessing the h:gality of
anadministrativead of the Funù that cornes before Administrative Tribunal t'Orrevicw. For
cxarnple. the principfeaudialteram purte1ll has becn applibyinternationaJ
administmtive rribunaJs in considcring challenges by staff mcmbers to the legaJity of
particular disciplinary procedures. (C F. Amcrasinghe. The law of International CÎyjj
~t!rV vol.n.pp. 210-1 1(2/1cd. (994).)likewise, thefMfAT in ~f" C..", AppUçan~
f11tcm;!!ion~191~! aurnQ~cspond cudgm.ent No. 1997-1 (August 22. 19(7), advcrtcd
tn the smne principfe. althounot C'mployinthe tt!m"CIudialterampar/t'm". whcn if
I...'on..d that a lapsein due proccss giving risc to a compensable daim occurred when
:\-f"c." was not afforded meaningful opportunity to rebut adverse cvidcnce regarding her
pcrtbnnance. (Paras. 41-43.)
95. The Administrative Tribunal concludes that the fact that Applicant' s claim will
otherwise nohejüdiciaUy examincd does not require ur t:ntitIe the Tribun~xcrcisc
jurisdiction ithiscase. The compJaint lies outside the TribunaI's hmired grant of
jurisdictional competence.
96. The AdministrativeTrihunal also concJudesrhat,whilcthe principle al/di alterilln
partem may ~uppl a ytandard for judging the lcgality of a decision of the Fund that cornes
wirhin the Tribunarsjurisdic thispoincpfe does oot dercrmine which decisions are
justiciableNor dues itrequin! rhatjurisdiction of rhis fnbunai be cxtended because a daim
l>thcrwise may or will escape rcvihy an adjudicawry body. The jurisdktioof the
AJmini-;trative Tribunal is conterred cxdush.dy by the Statute itself. Ttus Tribunal is not
Irccro l"xtcnilSjurisdiction on equirable grounds, howcvcr compdlithey may nt!.· ""
- JO-
97. At the ~3me tirne, the Tribunal fcds bound 10express its disquict and conccrn ala
prdcticcthat may kave employees of the Fund without judicial recourse. Such a result is not
consonant with norms acccptcd and generally applied by international govemmental
organizations. It is for the policy-making organs of the Fund to consider and adopt means of
providing contrnctual emproyces orthe Fund with appropriate avenues ofjudicial or arbItral
resoJution lldisputes of the kind at issue in chis (·ase. notably disputes over whether thè
fUlletions pcrfonncd by a contraclual cmployee met the criterialora staff appointment rather
than those tor cOnlraetual status.
1)8. ftis pertinent to note that. on January 20, 1999, the Fund's Executive Board approvcd
a Policy on Categories of Employmcnt which provides, ilIIer aliathat:
"Functions that arc needcd fortwo years or more would be performeJ by
employ~ oncsstatT appointments. Functions rhat are cxpectcd to be pertèlnncd
t'OrIcss Ihan two ycars would be pertormed by contrnctual cmployces.
Contractual appointmcnts are used only t()rshort-tenn cmployment. and l'an
be cxtended if needed to a maximum cumulative period of t'Ouryears.
Extensions bcyond two years require the approval of the Dircctor of
AJministration ...
This Policy has becn communicated to the employccs of the Fund by its placement on the
Fund's internai website. This Poliey mirrors a similar Poliçy promulgated in 19N9. with the
criticaJ ditTcrencc rhat the 1989 Poliey Jid not prescribe the two-ycar and four-year
limitations eritbodicd in the 1999 Policy.
99. Had the toregoing Poliey been in t{)reeand implemented in the course of Mr. "A'''s
tenure, the matter now at issue before the Tribunal prcsumably wou/d not have arisen. In
respect, howcvcr. of hcadquartcrs-bascd technical assistance experts, the 1999 Pofiey retains
an option for "'ong-term contracts when such an approach is justi ficd"; in this regard,
the 1999 Poliey states that iumay need to be applied tlcxibly". ln vicw of the rcvised Policy,
Mr. "A'''s kind ofpredicament. and that ofany othcr eontractual cmployecs in similar
circumstances, may he transicnt. That, however. provides no solace for Mr. "An. The
adoption of the ncw Poliey on Categories of Employment nonetheJess strcngthcns the
ctfuirable basis of certain of Mr. "A"'s contentions. which the Fund should, in the Tribunal's
view, cndcavur ro rcspond to Însofar as goveming regulations and practical possibilities
permit. Tnthat regard. the Tribunal notes that Mr"AH has the benetit of maintenance of
group meJical covcrage for eightcen months after the expiration of his contract. without
however tinancial c~mtrib uyttheonund.
JOC). On the basis of the considerations storthabovc. the TribunaJ Jccides:
1. The Administrative Tribunal does not ha\'jurisdiction to dccide whcthcr [he Fund
adcd iHcgaHy whl"nit cntered into a "iericsof eontraets for éontradual employment oftht!
"\pplicant. alleg(!dlyin violation of ils 1989Empfoyment (juidc/incs and principles of
international administrative law, because .<\ppJÎcantapparently pertonned the liamcwork as•
- ] 1-
rcgular 5tatf under contracts rcnewed scvcral rimes in the course of nine years and then
allowcd to expire.
2.The Administrative Tribunal dues not have jurisdiction ralitme permnΠover
Appficant's complaint sinee his 'etter of appointrnent ..taled that h"wÎIJ not be a sraŒ
member of the Fund" and the Administrative Tribunal'sjurisdiction is rcstri cyHiS~
Stande to applications brought by a "member of the stan" (Art. Il. para. I.a.), detincd asHany
pcrson whosc CUITentor tonner lcner of appointrnent. whcther rcgular or fixcd-terrn.
provides fhat he shall be a member orthe staff' (Art. JI. para. 2.c.(i».
J. TIle Administrc.ltive Tribunal docs not have juristfiction ralione InateriŒover
Applicant's c1aim the Fund's dccision to enter into a contract or series of contracts with an
ÎndividuaJ to serve as a contraetuaJ cmployee. rather than as a mcmber of the stafr. is not a
"decision taken in the administration of the staff" (Art.r[.para. 2.a.).
.J. Equitable or other considerations do not enable the Administrative Tribunal to
ëxtend its jurisdiction to daims tidling outsiùc the express language of Article fi of ils
Statute. when Articles IIr, IV, and XIX limit its powers to lhosc contcrrcd by the Stature.
5. The Administrative Tribunal is not entitled to cxcrcisc jurisdiction În this case
hc."Causothenvise Applicant's complaint may escape cxarnination by an impartial
adjudicatory hody. The principle of aud; a/teram pm'rem does not authorize or rcquire this
Administrative Tribunal to cxcrcise jurisdic!ion in this case.
6. The Administrative Tribunal nced not examine the mcrits of ,<\pplicant's daim in
ordcr to dccide whether it has jurisdicrion in this case. ft may base fhat decision on the
language of Applicant's lclter lJfappointmt.:nt and the Statutory provisions govcming
jurisdiction.• Il""
•
• 32 •
fOR THESE REASONS
Thc A.dministrativc Tribunal orthe InternationaJ Monctary Fund unanimously
dccidcs that theFund's Motion for Summary Dismissal is grantcd.
Stephen M. Schwcbel. President
Nisuke Ando. Associate Judge
AgustPn GordiHo, Associatc Judgc
Stephen M. Schwcbd. President
Cdia Goldman. ;\(ling Rcgistrar
\VJ'ihîngton.D.C.
August 12, 1999 ATTACHMENT If
ffuman R~sourP cresc~du ~f~asnu-aChapter 1
1.15.) OtTers of appointment. indicating the tenns and conditionsof crtiployment. base
salary and bcndits. will he made in writing. The President ddegatesauthority tlJr signing
appoimment Ictters to the Director.FH. A cnpy uf the Human ResoUfce Policies ~lnd
ProceduCfs \fanwl will he inc/uded with such letters and will heconsidercd an integral palt
of the ernployment contract.
1,15.4 An appointment isIloteffective until the l)tTer of appointrnent has been signed by
hoth parties and retumcd, togcther with a full medical cleabynan IFAD medkal advisor .
. 1J5.5 Shoufd the sdected camhdare(s) dec/ine rhe ofTer, then the recruiting supervinor
consultation with Director, FH will recmnmend lurther action to the President.
1.15.6 Appointments l)( General Service support statf members arc madby the Assistant
President of rhe recruiring departrnent. upon rccommendation by the panel.
1.16 EfFECTIVE DA rE OF ;\PPOINTMENT
t.16.1 fhe appointment fbr intentationallrecruitcdstaff tak~ dsfcct trorn thedate of
Clllnmenc~ om ravt! tn the dury station. The travd time shall he limited to a maximum of
two working days and the staff mernber l11U r~ptrt to duty on the third day tollowing the
travel per:ïod.
. (.16.2For locaJly recruited statf, the eftèctive datc of employmcnt is the duy they report thr
duty.
1r7 CONTRAtTUi\L ARRANGEMENTS
1.17.1 Ali appointments are contingentupon fimding. the continuing need tor service.
satistàctory pertonnancand compliance with the code of conduct.
l'l'P cont~af +--_._._~---------- ___~ 8__u_dg~ e______n.~K·~pe
Continuing appointments 1 Ficst .-yearsFÎxed-rt:rrn Regular, staff on
1Second ...5 years Fi.\oo-Tenn establ ished'posts
1Third .. Conversion to Clmtinuing
aner seven vears 1
1 Fixed -tertn Qne to six years iExtra budgctary
induding Project
AOer six years, a thorough review of Oevelnpment
1
continued need for the position and. FaciJity Fund !
rhcrefore retention of the incumbent(PDFF) tor detined Î
will be carried out. 1periods of time
1
1 Cfexrended, justifyneed for post tordcpending on the 1
E.'-ecuuve Board to convert 10 li purpose_ This
.:ontinuing aner <;evcnyears. , appoinrmenr shaU [
1
: Ilocarryany
! èxpa:tafÎon of
1 i renewal. !
i Sil0rt-cnn One day up to de'.t:n months ! Firhcrbudgetary O[1
1replacement of extra i
I_!_
! budgerary 1 VIII. JUDGEMENT NO. 2867 RENDERED
BY THE ADMINISTRATIVE TRIBUNAL
OF THE INTERNATIONAL LABOURORGANIZATIONOrganisation internationale du Travail International Labour Organization
Tribunal administratif Administrative Tribunal
108th Session Judgment No. 2867
THE ADMINISTRATIVE TRIBUNAL,
Considering the complaint filed by Mrs A. T. S. G. against the
International Fund for Agricultural Development (IFAD) on 8 July
2008, IFAD's reply of 12 September, the complainant's rejoinder of31
October and the Fund's surrejoinder of 18 December 2008;
Considering Article II, paragraph 5, of the Statute of the Tribunal;
Having examined the written submissions and decided not to order
hearings, for which neither party has applied;
Considering that the facts of the case and the pleadings may be
summed up as follows:
A. The United Nations Convention to Combat Desertification in
Those Countries Experiencing Serious Drought and!or Desertification,
Particularly in Africa (hereinafter "the Convention") entered into
force on 26 December 1996. By decision 24/COP.l the Conference
of the Parties, which is the Convention's supreme body, established
the Global Mechanism, which is responsible for increasing the
effectiveness and efficiency of existing financial mechanisms with
a view to assisting country Parties in implementing the Convention.
The Global Mechanism is housed by IFAD, and its modalities
and administrative operations are set out in a Memorandum of
Understanding (hereinafter "the MOU") signed between the Judgment No. 2867
Conference of the Parties and IFAD on 26 November 1999. The
MOU provides in Section II.A that the Global Mechanism has a
separate identity withinFAD and is an organic part of the structure of
the Fund directly under the President of the Fund. According to
Section III.A, paragraph 4, the Managing Director of the Global
Mechanism is responsible for preparing the Global Mechanism's
programme of work and budget, including proposed staffing, and his
proposaIs are reviewed and approved by the President of the Fund
before being forwarded to the Executive Secretary of the Convention
for consideration in the preparation of the budget estimates of the
Convention. Section III.B states that the Managing Director, on behalf
of the President of the Fund, will submit a report to each ordinary
session of the Conference on the activities of the Global Mechanism.
The complainant is a Venezuelan born in 1958. On 1 March 2000
she was offered a two-year fixed-term appointment with IFAD as
a Programme Officer in the Global Mechanism at grade P-4. Her
contract was subsequently renewed several times up to 15March 2006.
By a memorandum of 15December 2005 the Managing Director of the
Global Mechanism informed her that the Conference had decided to
cut the Global Mechanism's budget for 2006-2007 by 15per cent. As a
result, the number of staff paid through the core budget had to be
reduced. He explained that the regional programme for which the
complainant was working had become less attractive to donors and that
he had decided to cut down the costs related to it; consequently, her
post would be abolished and her contract would
not be renewed upon expiry on 15 March 2006. He offered her a
six-month contract from 16 March to 15 September 2006 as "an
attempt to relocate [her] and find a suitable alternative employment".
On 15 February 2006 the complainant wrote to the Assistant President
of the Finance and Administration Department of IFAD requesting that
the President of IFAD establish a review process, as provided
for under Chapter Il of the Human Resources Procedures Manual, to
determine whether the "declared post redundancy" was appropriate.
The Director of IFAD's Office of Human Resources informed her on
2 Judgment No. 2867
13 March that the decision not to renew her contract was in line with
the provisions of the Manual and that the review process had been
replaced by a facilitation process.
The complainant wrote to the President of the Fund on 10 May
2006 requesting facilitation. The facilitator concluded on 22 May 2007
that no agreement was likely to be reached between the parties. The
complainant filed an appeal with the Joint Appeals Board on 27 June
2007 challenging the Managing Director's decision of 15 December
2005.
ln its report of 13 December 2007 the Board held that, in the
absence of evidence showingthat the Managing Director had consulted
or obtained the approval of the President of the Fund before deciding
to abolish the complainant's post, the decision not to renew the
complainant's appointment was tainted with abuse of authority.
It also found that the decision had been taken in breach of the
provisions of the Manual concerning redundancy, since the possibility
of renewing her contract had not been seriously considered and
no attempt had been made to relocate her or to provide her with
additional training.Inaddition, she had been denied due process as the
Director of the Office of Human Resources had incorrectly advised her
that the review process for job redundancies had been abolished. The
Board therefore recommended that the complainant be reinstated
within the Global Mechanism under a two-year fixed-term contract and
that the Global Mechanism pay her an amount equivalent to all the
salaries, allowances and entitlements she had lost since March 2006.
By a memorandum of 4 April 2008, which is the impugned
decision, the President of the Fund informed the complainant that he
had decided to reject her appeal. He considered that the decision not to
renew her contract had been taken in accordance with section 1.21.1of
the Manual, which provides that a fixed-term contract expires
on the date mentioned in the contract. Noting that she had been
given three months' notice, that she had been offered a six-month
consultancy contract to enable her to search for alternative
employment, that a facilitation process had been conducted and that
3 Judgment No. 2867
her applications for vacancies within IFAD had been given due
consideration, he conc1udedthat she had been afforded due process.
B. The complainant contends that the decision not to renew her
contract was tainted with abuse of authority. Indeed, according to the
MOU, the Managing Director was not entitled to determine the Global
Mechanism's programme of work independently of the Conference of
the Parties and of the President of the Fund. According to the 2006-
2007 programme of work and budget approved by the Conference, the
staffing proposaI to be financed by the Global Mechanism's core
budget was for nine professional posts, which inc1uded her post.
Consequently, the Managing Director's decision was not in line with
the approved programme of work and budget; if he deemed it
necessary to modify the programme by suppressing her post, he should
have obtained the prior approval of both the President of the Fund and
the Conference, but he did not do so. She adds that even though the
Conference agreed to a 15 per cent reduction in the core budget, there
is no evidence that such "modest budget cuts" required the abolition of
her post. She explains that beside the core budget, the activities of the
Global Mechanism are financed by voluntary contributions and that the
Managing Director has the authority to approve expenditure to be
deducted from the voluntary contributions account. She points out that
in 2006 several consultants and three professional staff were recruited
to work for her programme, the latter under fixed-term contracts.
The complainant alleges that IFAD acted in breach of its duty of
care and good faith. The termination of her contract was abrupt and
unjustified and it damaged her professional reputation. According to
section 1.21.1 of the Manual, consideration should be given to a staff
member's performance, the need for the post and the availability
of funding when deciding not to renew a contract. On the basis of
these factors, the Joint Appeals Board conc1uded that her contract
should have been renewed. She adds that, in accordance with
section 11.3.9(b) of the Manual, the Fund had a duty to consider her
for the new positions to be filled in the Global Mechanism or to
provide her with additional training in order to enable her to find
suitable alternative employment. Although she had exemplary
4 Judgment No. 2867
perfonnance appraisals and was one of the most senior staff of the
Global Mechanism, the Fund did not assist her in finding alternative
employment. The vacancies for which, according to the President of
the Fund, she was given due consideration, arose after she had
separated from service; consequently, she had to apply as an external
candidate. She stresses that the only employment she was offered was
a consultancy contract for which she did not receive the tenns of
reference until after having separated from service.
In addition, she criticises the Fund's ambivalent attitude towards
the staff working in the Global Mechanism. She states that she had an
"IFAD contract" but that the defendant preferred to treat her as a
"Global Mechanism problem".
Lastly, she indicates that, contrary to the Tribunal's case law, the
President of the Fund did not give reasons for departing from the Joint
Appeals Board's recommendations.
The complainant asks the Tribunal to quash the impugned decision
and to order IFAD to reinstate her, for a minimum of two years, in her
previous post or in an equivalent post in IFAD with retroactive effect
from 15 March 2006. She also claims reimbursement for "loss of
salary, allowances and entitlements, including [...] contributions to the
United Nations Joint Staff Pension Fund, potential promotion". She
seeks compensation in the amount of 50,000 United States dollars for
the suffering caused by the heedless manner in which she was treated
by IFAD, and 5,000 euros in costs.
C. In its reply IFAD contends that the Tribunal has no jurisdiction
to entertain the argument that the Managing Director of the
Global Mechanism abused his authority in deciding not to renew
the complainant's contract. Neither is it competent to entertain the
argument that the decision-making process of the Fund was flawed, as
this may entail examining the decision-making process in the Global
Mechanism. IFAD explains that the Global Mechanism is not an organ
of the Fund; it is accountable to the Conference, and acts of its
Managing Director are not attributable to the Fund. Itis indeed clearly
stated in decision 24/COP.1 that the role of the Fund is restricted
5 Judgment No. 2867
to housing the Global Mechanism. Moreover, Section II.A of the MOU
stipulates that the Global Mechanism will have a separate identity
within the Fund; thus, the latter merely supports the Global Mechanism
in performing its functions in the framework of the mandate and
policies of the Fund. The defendant consequently takes the view that
IFAD's acceptance of the jurisdiction of the Tribunal does not extend
to entities that it may host pursuant to international agreements with
third parties.Itadds that neither the Conference of the Parties nor the
Global Mechanism has recognised thejurisdiction of the Tribunal.
On the merits the Fund denies having acted in breach of its duty of
care. Inits view, the complainant is mistaken in considering that she is
a staff member of the Fund and that the procedures concerning
redundancy laid down in the Manual applied to her. Her legal status is
defined in the President's Bulletin No. PB/04/01 of 21 January 2004,
according to which the application of the aforementioned Manual is
subject to limitations and conditions.In particular, the provisions of the
Manual concerning redundancy do not apply to her because paragraph
Il (c) of the bulletin provides that "IFAD's mIes and regulations on the
provision of career contracts for fixed-term staff shaHnot apply to staff
of the Global Mechanism". The defendant indicates that the
complainant was nevertheless offered a six-month consultancy contract
and that she refused it. Thus, the complainant was defacto granted by
the Global Mechanism the same protection that she would have been
given by the Fund had she been an IFAD staffmember.
In the event that the Tribunal considers that it is competent to
mIe on the allegation of abuse of authority, IFAD asserts that the
Managing Director had the authority to decide not to renew the
complainant's contract. To support its view, it refers to Section III.A,
paragraph 4, of the MOU, which provides that the Managing Director
is responsible for preparing the programme of work and budget of the
Global Mechanism, which inc1udes proposed staffing. Thus, he was
authorised to assess and make decisions in relation to the staffing
needs of the Global Mechanism insofar as his decisions complied
with the budgetary limits established by the Conference. Itfurther
submits that the Fund has no authority to examine whether the core
6 Judgment No. 2867
budget approved by the Conference warranted the abolition of the
complainant's post, because decisions concerning the staffing and
budget of the Global Mechanism are not taken by the Fund but by the
Conference. It therefore argues that IFAD cannot be held responsible
for the Managing Director's decision.
The defendant also rejects the complainant's pIea that the
President of the Fund failed to give reasons for rejecting the Joint
Appeals Board's recommendations. It points out that, in his letter of
4 April 2008, the President explained that he had decided to reject
these recommendations on the basis of paragraph Il (c) of his Bulletin
No. PB/04/01, according to which the renewal of contracts is subject to
the functional needs and availability of resources.
D. In her rejoinder the complainant contests the Fund's position
regarding the Tribunal's jurisdiction. At no stage during the internaI
appeal procedure did the defendant suggest that she was mistaken
as to the fact that it was competent to consider her appeal. On the
contrary, the IFAD Administration advised her to undertake the
facilitation process, which was a prerequisite to filing an internaI
appeal with IFAD. Moreover, the President of the Fund did not state in
the impugned decision that the Fund was not competent to deal with
her case. She adds that if the Tribunal declines jurisdiction to hear her
case, she will be deprived of any legal redress.
Contrary to the defendant's assertion, she contends that she was a
staff member of IFAD until her separation from service on 15 March
2006. Indeed, all her letters of appointment provided that she was
offered an "appointment with the International Fund for Agricultural
Development", and the first also indicated that "the appointment
w[ould] be made in accordance with the general provisions of the
IFAD Personnel Policies Manual".
With regard to the contention that the Fund cannot be he Id
responsible for decisions taken by the Managing Director, she indicates
that such contention is based on the incorrect assumption that he was
not a staff member of IFAD. She points out that, according to the
7 Judgment No. 2867
Managing Director's job description, he works "under the direction of
the President of the [... ] Fund".
She maintains that the provisions of the Manual on redundancy
were applicable. Paragraph Il (c) of the President's Bulletin
No. PB/04/01 provides for exceptions to the application of the Manual
to staff members working within the Global Mechanism only with
regard to the provisions on career contracts, and not those conceming
redundancy. Moreover, the President of the Fund made no reference to
that paragraph in the impugned decision.
The complainant expands on her c1aimfor compensation, arguing
that she was prejudiced by lack of "proper notice", "heedless
treatment" and "dilatory procedures". She contests that she was given
three months' notice before separating from service. She received a
notice of non-renewal from the Managing Director on 15 December
2005, but it was only on 13 March 2006, i.e. two days before the
expiry date of her contract, that she received an "official
communication from a personnel officer" stating that her contract
would not be renewed.
E. Inits surrejoinder IFAD maintains its position. Itspecifies that it
does not challenge the Tribunal's jurisdiction to hear the complaint,
but only its jurisdiction to entertain the plea conceming abuse of
authority by the Managing Director, the allegation that the abolition of
the complainant's post was not required on financial grounds and the
allegation that the decision-making process of the Global Mechanism
was tlawed.
With regard to the notice given, the defendant reiterates that the
Managing Director informed the complainant on 15 December 2005
that her contract would not be renewed upon expiry on 15March 2006.
Itdenies that her contract was ended prematurely, explaining that it is
of the essence of a fixed-term contract that it ends at the expiry date set
in the letlerof appointment. The complainant's c1aimfor damages on
that basis must therefore be rejected.
8 Judgment No. 2867
CONSIDERATIONS
1. The complainant challenges a decision of the President of the
International Fund for Agricultural Development dismissing her
internaI appeal with respect to a decision not to renew her fixed-term
contract as Programme Manager for Latin America and the Caribbean
within the Global Mechanism. That decision was contrary to the
recommendation of the Joint Appeals Board. The earlier decision not
to renew the complainant's contract was taken by Mr M., who
described himself as "Managing Director, Global Mechanism, IFAD
Rome", and was based on the abolition of the complainant's post for
reasons of budgetary constraint. A preliminary question arises as to the
extent to which the Tribunal may review that earlier decision. The
arguments go to the powers and jurisdiction of the Tribunal and, on
that account, must be dealt with even though raised for the first time in
these proceedings.
2. The Global Mechanism was established by the United
Nations Convention to Combat Desertification in Those Countries
Experiencing Severe Drought and/or Desertification, Particularly in
Africa. Article 21, paragraph 4, of the Convention provides that
the Global Mechanism functions "under the authority [...] of the
Conference of the Parties and [is] accountable to it". In accordance
with paragraph 6 of that article, a Memorandum of Understanding (the
MOU) was later reached with the Fund for it "to house the Global
Mechanism for the administrative operations of such Mechanism". The
MOU provides that the Global Mechanism is to be housed in Rome
"where it shall enjoy full access to all of the administrative
infrastructure available to the Fund offices, including appropriate
office space, as well as personnel, financial, communications and
information management services" (Section VI).
3. The MOU also provides that "[w]hile the Global Mechanism
will have a separate identity within the Fund, it will be an organic part
of the structure of the Fund directly under the President of the Fund"
(Section Il.A), and that its Managing Director, "in discharging his or
9 Judgment No. 2867
her responsibilities, will report directly to the President of [the Fund ...
and] will cooperate with the Executive Secretary of [the Convention]"
(Section II.D). Further provision is made in Section III.A with respect
to the relationship of the Global Mechanism to the Conference of the
Parties, which is the supreme body of the Convention. Re1evantly,it is
provided that the Mechanism functions under the authority of the
Conference and is accountable to it, that "[t]he chain of accountability
[runs] directly from the Managing Director to the President of the Fund
to the Conference", and that the Managing Director is to "submit
reports to the Conference on behalf of the President of the Fund".
4. Two other provisions of the MOU should also be noted.
Paragraph 4 of Section III.A, provides:
"The Managing Director will be responsible for preparing the programme
of work and budget of the Global Mechanism, including proposed staffing,
which will be reviewed and approved by the President of the Fund
before being forwardedo the Executive Secretary of the Convention for
consideration in the preparation of the budget estimates of the Convention,
in accordance with the tinancial mIes of the Conference." (Emphasis
added.)
Paragraph 6 provides for the Conference to "approve the programme of
work and budget of the Global Mechanism" and to authorise the
transfer of resources to the Fund "for aU or a portion of the Global
Mechanism's approved operating expenses". The complainant relies on
these two provisions to argue, firstly, that the Managing Director
exceeded his authority in deciding not to renew her contract and,
secondly, that the "core budget" approved by the Conference did not
require the abolition of her post. The Fund contends that the Tribunal
lacksjurisdiction to entertain these arguments.
5. The argument with respect to the Tribunal's jurisdiction is
based, in the main, on the proposition that "[t]he Fund and the Global
Mechanism are separate legal identities". In this regard, the Fund
c1aims, correctly, that the Conference of the Parties is not an organ
of the Fund and that the Global Mechanism is an integral part of
the Convention accountable to the Conference. It also points to the
10 Judgment No. 2867
statement in the MOU that the Global Mechanism is to have a separate
identity and contends that the statement that itis to "be an organic part
of the structure of the Fund" does not make it an organ of the Fund. In
this last regard, it contends that to treat the Global Mechanism as an
organ of the Fund would require amendment both to the Convention
and to the Agreement Establishing IFAD.
6. The fact that the Global Mechanism is an integral part of the
Convention and is accountable to the Conference does not necessitate
the conclusion that it has its own legal identity. Rather, and as the term
"Global Mechanism" suggests, it merely indicates that it is the
nominated mechanism by which the Conference gives effect to certain
obligations created by the Convention. Nor does the stipulation in
the MOU that the Global Mechanism is to have a "separate identity"
indicate that it has a separate legal identity or, more precisely for
present purposes, that it has separate legal personality. In this last
regard, the difference may conveniently be illustrated by reference
to a distinct trade name under which a person or corporation carries
on business. The trade name frequently constitutes "the identity" or,
perhaps, one of "the identities" of the person or corporation concemed,
but it is the person or corporation that has legal personality for the
purposes of suing and being sued. It is in this context that the statement
that the Global Mechanism is to be "an organic part of the structure of
the Fund" is to be construed.
7. The words "an organic part of the structure of the Fund" do
not fall for consideration in isolation from other provisions of the
MOU. It is significant that, according to the MOU, the Managing
Director is to report to the President of the Fund. Moreover, the chain
of accountability does not run directly from the Managing Director
of the Global Mechanism to the Conference but "directly from the
Managing Director to the President of the Fund to the Conference".
Similarly, "[t]he Managing Director [... ] reports to the Conference on
behalf of the President of the Fund" (emphasis added). The President
of the Fund is to review the programme of work and the budget
prepared by the Managing Director of the Global Mechanism before it
11 Judgment No. 2867
is forwarded to the Executive Secretary of the Convention for
consideration. AdditionaIly, the Global Mechanism is not tinancially
autonomous. Rather, the Conference authorises the transfer of
resources to the Fund for the operating expenses of the Global
Mechanism. When regard is had to these provisions in the MOU, it is
clear that the words "an organic part of the structure of the Fund"
indicate that the Global Mechanism is to be assimilated to the various
administrative units of the Fund for aIl administrative purposes. The
effect of this is that administrative decisions taken by the Managing
Director in relation to staff in the Global Mechanism are, in law,
decisions of the Fund. Given this, it is wrong to say that to treat the
Global Mechanism as part of the Fund would require an amendment to
the Convention and, also, to the Agreement Establishing IFAD.
8. The Fund makes three further submissions relating to the
powers and jurisdiction of the Tribunal. The tirst is that the Tribunal
may not entertain flaws in the decision-making process of the Global
Mechanism; the second is that the Tribunal may not entertain flaws in
the decision-making process of the Fund if it entails examining the
decision-making process of the Global Mechanism and the third is that
acts of the Managing Director of the Global Mechanism are not
attributable to the Fund. Because decisions of the Managing Director
relating to staff in the Global Mechanism are, in law, decisions of the
Fund, these submissions must be rejected.
9. The Fund makes a further argument that the complainant was
not a staff member of the Fund which, if correct, would mean that the
Tribunal has no jurisdiction to entertain the complaint. That argument
is made in the face of the terms of the complainant's appointment. Her
appointment followed her acceptance of an offer
of 1 March 2000, written on the letterhead of the Fund, of "a tixed
term appointment for a period of two years with the International Fund
for Agricultural Development (IFAD)". The offer stipulated a
probationary period and that, in the event that the complainant's
performance in that period was not satisfactory, her employment could
12 Judgment No. 2867
"be terminated by IFAD with one month's written notice". Similarly, it
was stated that should the complainant wish to terminate her
employment during the probationary period, she was "required to give
written notice of at least one month to IFAD". In March 2002 and,
again, in March 2004 the complainant accepted offers written on the
letterhead of the Fund for the extension of her "appointment with the
International Fund for Agricultural Development". Those written
offers and their subsequent acceptance c1early constituted the
complainant a staff member of the Fund. As the complainant was
employed by and remained in the employ of the Fund, its reliance on
Judgment 1509 is misplaced. In that case, the complainant's terms of
appointment made it c1ear that he was not a staff member of the
defendant organisation.
10. IFAD also relies on the President's Bulletin No. PB/04/01 of
21 January 2004 in support of its argument that the complainant was
not a staff member of the Fund. Paragraph Il of that bulletin specifies
certain differences in the terms of appointment and in the conditions
relating to staff of the Fund and those of the Global Mechanism,
inc1uding,in subparagraph (c), that:
"AIl fixed-term contracts of employment for the Global Mechanism shall be
for a maximum of two years, renewable, and subject to the availability of
resources. [The Fund's] mIes and regulations on the provision of career
contracts for fixed-term staff shall not apply to the staffGlobal
Mechanism, except for those that have already received a career contract as
a result oftheir earlier employment with [the Fund]."
Itwill later be necessary to return to this provision. For the moment, it
is sufficient to note the somewhat curious argument that it establishes
that the complainant was not a staff member of the Fund because "[if]
Global Mechanism personnel were considered staff members of the
Fund, the President would not have the authority to limit nor qualify
the application of the [Human Resources Procedures Manual] mIes [of
the Fund]". In fact, the MOU confers no power on the President to
determine the conditions of appointment of the personnel of the Global
Mechanism and, thus, the President has authority to do so only if they
are staff members of the Fund.
13 Judgment No. 2867
Il. Given that the personnel of the Global Mechanism are staff
members of the Fund and that the decisions of the Managing Director
relating to them are, in law, decisions of the Fund, adverse
administrative decisions affecting them are subject to internaI review
and appeal in the same way and on the same grounds as are decisions
relating to other staff members of the Fund. So too, they may be the
subject of a complaint to this Tribunal in the same way and on the
same grounds as decisions relating to other staff members.
12. As already indicated, the complainant argues that the
decision to abolish her post was taken without authority and was not
required by budgetary constraints. At this stage it is convenient to note
that that decision and the decision not to renew her contract are
discretionary decisions that may be reviewed only on limited grounds.
Those grounds include that the decision in question was taken without
authority or was based on an error oflaw.
13. The question of the Managing Director's authority to abolish
the complainant's post depends on whether, in the circumstances, that
course was impliedly prohibited by the terms of the MOU and the
decision of the Conference relating to staffing and budget for the 2006-
2007 biennium. As already indicated, the MOU requires the Managing
Director to prepare a programme of work and budget
for the Global Mechanism to be reviewed by the President of the
Fund and submitted for consideration by the Conference, which
is "to approve [its] programme of work and budget". Itis clear
from paragraph 4 of Section lII.A of the MOU that approval of "the
programme of work and budget" includes approval of "proposed
staffing".
14. It is not disputed that in October 2005 a proposed programme
of work and budget for the 2006-2007 biennium was submitted to the
Conference and that the proposed staffing expressly allowed for the
continuation of nine professional posts, including that of the
complainant. The Conference approved the proposed staffing but
reduced the proposed core budget. The Conference also noted,
14 Judgment No. 2867
amongst other things, that the Global Mechanism "must be managed
on the basis of the [...] approved biennium core budget [...] and that
this takes precedence over all other tables or figures [...], unless
amended by [the Conference]". In this regard, it may be noted that
progress reports on the Global Mechanism in November 2003 and
February 2005 indicated that the core budget left "a resource gap of
about USD 1.2 million per year" for the 2004-2005 biennium, a
shortfall that was apparently covered from other sources.
15. Given the previous practice of a shortfall in the core budget
of the Global Mechanism and the Conference's express approval of the
proposed staffing, the Conference decision to reduce the proposed core
budget can only be seen as a directive that the approved posts were to
be maintained and that the "resource gap" was to be made good from
other sources, possibly by savings in other areas. Indeed, it is not
disputed that the Managing Director indicated in staff meetings in
October and, again, in December 2005, shortly before informing the
complainant that her post was to be abolished and her contract would
not be renewed, that the "resource gap" would, in fact, be covered by
savings in other areas.
16. The MOU makes it clear that the Global Mechanism
functions under the authority of the Conference. Thus, the conclusion
that the Conference decision required the continuation of the approved
posts, including that of the complainant, directs the further conclusion
that the abolition of her post was impliedly forbidden by the
Conference decision. Accordingly, the decision of the Managing
Director to abolish it was taken without authority. That conclusion
makes it unnecessary to consider the complainant's further argument
that the reduction in the proposed core budget did not necessitate the
abolition of her post. However, the conclusion that the effect of the
Conference decision was that her post was to be maintained also
directs the conclusion that it did not necessitate its abolition.
17. Because the Managing Director had no authority to abolish
the complainant's post, his decision not to renew the complainant's
15 Judgment No. 2867
contract on the ground of its abolition constituted an error of law. The
President of the Fund erred in law in not so finding when considering
her internaI appeal. Itfollows that the President's decision of 4 April
2008 dismissing the complainant's internaI appeal must be set aside.
18. Although the Joint Appeals Board recommended that the
complainant be reinstated in a post in the Global Mechanism, there
is no evidence that her contract would have been renewed for the 2008-
2009 biennium. Accordingly, reinstatement will not be ordered.
However, as the abolition ofher post was the only reason advanced for
the non-renewal of the complainant's contract and there is nothing to
suggest that her contract would not otherwise have been extended for
two years, she is entitled to material damages in the amount of salary
and other benefits she would have received had her contract been
renewed for a further two years, together with interest at the rate of 8
per cent per annum from due dates until the date of payment. The
complainant must give credit for wages or salary received in that
period.
19. The complainant makes a further argument that the Fund did
not comply with its duty of care and did not apply the redundancy
provisions applicable to other staff members. The argument, if correct,
would not add to material damages but is relevant to moral damages.
20. Itis not disputed that the complainant was not considered
for other positions within the Global Mechanism or for training that
might otherwise have qualified her for those positions, as would be the
case for other staff members in relation to positions within the Fund.
Nor is it disputed that,as found by the Joint Appeals Board, when the
complainant requested "the establishment of a review process", she
was incorrectly informed that that "process [...] ha[d] been abolished
and replaced by a facilitation process". The Fund contends that, by
reason of paragraph 11(c) of the President's Bulletin No. PB/04/01
16 Judgment No. 2867
of 21 January 2004, the redundancy procedures applicable to other
staff members of the Fund are not applicable to staff members
employed in the Global Mechanism. That argument must be rejected.
Paragraph II(c) provides, in effect, that staffmembers employed in the
Global Mechanism are not eligible for career contracts. Itsays nothing
about their entitlement to have the redundancy provisions set out in the
Human Resources Procedures Manual applied to them. Moreover,
those provisions (section 11.3.9) are not restricted to staff members
with career contracts.
21. The Fund further contends that it complied with its duty
of care and de facto observed its redundancy procedures in that "the
complainant was offered a six-month consultancy contract with
the Global Mechanism". This, it is said, was "meant to build [her]
capacity and to train her". The offer of a six-month consultancycontract
may mitigate but does not excuse the failure of the Fund to abide by
the redundancy provisions applicable to staff members.
22. One other matter is relevant to moral damages. The President
rejected the substance of the complainant's internaI appeal on the
ground that proper notice had been given of the non-renewal of her
contract. That neither addressed the authority of the Managing Director
of the Global Mechanism to abolish her post nor adverted to the issue
whether the question of his authority could be considered. The
arguments relating to that last issue were as relevant to the Joint
Appeals Board as they are to the Tribunal. This and the other matters
referred to in considerations19and 20 above entitle the complainant to
an award of moral damages over and above those flowing from
the illegalityof the decision to abolish her post. The Tribunal awards
her 10,000euros in moral damages.
23. The complainant is also entitled to costs in the amount of
5,000 euros in respect ofthese and the internaI appeal proceedings.
17 Judgment No. 2867
DECISION
For the above reasons,
1. The President's decision of 4 April 2008 is set aside.
2. IFAD shaH pay the complainant material damages equivalent to
the salary and other aHowances she would have received if her
contract had been extended for two years from 16 March 2006,
together with interest at the rate 8 per cent per annum from due
dates until the dateof payment. The complainant is to give credit
for wages or salary eamed within that period.
3. IFAD shaH pay the complainant moral damages in the sum of
10,000 euros.
4. It shaH also pay her costs in the amount of 5,000 euros.
5. AHother c1aimsare dismissed.
In witness of this judgment, adopted on 4 November 2009, Ms Mary
G. Gaudron, President of the Tribunal, Mr Seydou Ba, Vice-President,
Mr Giuseppe BarbagaHo, Judge, Ms Dolores M. Hansen, Judge, and
Mr Patrick Frydman, Judge, sign below, as do l, Catherine Comtet,
Registrar.
Delivered in public in Geneva on 3 February 2010.
Mary G. Gaudron
Seydou Ba
Giuseppe BarbagaHo
Dolores M. Hansen
Patrick Frydman
Catherine Comtet
18 IX. AGREEMENT BETWEEN
THE UNITED NATIONS AND IFAD PROroCOL COMC&Ri1llO 'rD Dft1' IJI'!OJ'O.R(2(# 'lU
AGllDND'f :nrn.a T1II tllII'fZD. lLWlOJ18AlI)'rD
~ J'UID J'ORAmtICUL'l"UlW. DftILOPMIft
Arttel. 59 o~ tta Cbu'ter nll.a OB the Uaite4 la'Uoaa to WUat.,
vhere appropri_t., oegoti_tiou ..,.. the stat.. eoacemecl t'or the onatioa
o~ lUI7 MW' speefalhecl .... 1.. req'td:N4 1'01'the aecc:.plbhMBt ot tbe
purpo ... n rortJa ta Art1ol. 5'. Artiol. 51 ot the Cbarter pron,d.. tha_
speci&liUHl aa-el.. en_b1blaH bT lAt.:tlJcntibMiital acre F nt aa4 banD&'
vicie lAMra&tiouJ. N8pOIl8ibUi'ti .. u 4.t:1I1.4 ia theu buie iutrŒeBta
ta eeoaoaie, eocial, c~tlln1 .chacatioaal, heüU& aa4 rel_t" tte1da .hall
he ~ iDto l"el.âiouJaip vith the tfdte4 _at{ou. Artial. 63 ot the
ChU'ter p:tO'rid•• tha_ the BaOllOlde ad Boet1al Couacil .-r erat... iAto
agnT t. witla .., ot tlle .... i.. ret'8ne4 to ha Aniel. 51, det.lJdDs
the t __ oa videla the ......,. COIICemeclsha1l be ~ iDto relaUoaebip
vith the thaite4 lfatlou, ad .,.aitt •• tbat auall q:reeMJlt. shal.1 be aubject
to app:tO'ftl b7 the GeMnl Aeeah1.7.
ActÛIC GIa the bui. o~ _ rnol.a:U_ adopte4 ",. the Vor14 7004
Coaf'ereece oa 16 lt'oTeaber 191ft. the Oerser&l AsMlab.l.7 of the Uaite4 lfatlO1l8
OB 1T neoelaber 191" req ... eI the s.cmrta:t:Y-<JeDeral to COll.,...urgeatl.J' _
mnt1D& of aU ~ereete4 eowatri.. tG 'tfOI'ko1d the detaila o~ ..
hternatloaa1 ftm4 1'or asrtevl.tural d8'ft1o~ .. eanaqecl 1a the
re.ollltioa o~ the~. At It. eea0a4 .... icIe, the Meetiac ot
Intereded ColIIrtriee oa the Xna'bl~a"' o~ SIl ~101U1l hD4 t'or
Agricllltunl n...J.~ ree~e4 tbat the hII4 be eatüUehe4 .. _
speeialiu4 agwaq vithiJa the U'ldtac1Iratioaa 8)'111..;vith &1ItoaotIIrta policy
torlNlatlOil ucl opentiou.
AotiDc Ga the nec lld4atlΠot the Meet{ac ot Iutereete4 CoUDtri .. ,
the aa.r.l. Aae-'al7 oa 15 ne.... 191' acIoptN _ reao1atioa ~lq the
SeoretV'J'-a.a.r&l to COG.,.. _ eora1'u'eaae ot plmpoteatiari .. OB the
esta'blbbMato ot .... IJat.rutlOD&l J'1Ift4tor AgrlcultUl'&l Deftlo~. STthe
.... 1'ftOl1ltioa the Aa.eôl.7 al.ao :requeete4 tu XcODOlde ail Soofal Couacu
to a.rrtUIP 1'or the negotia'UΠrith the Prepua\ol7 C.,..b.ioa tOI" tu ha4.
---_._-----_.
_.._------._----_._------------_._---------------'.._.......1 ··1
.1:."fif.·''-j'-ï~'i-
"ifa~0 iti! siif",e
i~il!(!fiitf-tl1it~rili~!ifl(ij'i
ii=ifil~fit tlII~f!1~l~jf'
[fi ~I~I[I~ Ktrffi4'~(
i~llIIJJl f~~lI!llfi~1l ~ 1 [~;
Il~ ~~I!ti~i=~iriiit[f[
fii lifiii1 ~1ifli~iilt
~II1=i-..1litffaJ.~
1.:: 81- In~e1"~al Ag_eie. a d.raft o~ the Relationahip Agreement aA4
t'Urtbe1" authorbecl 1ta ChaJ.rmaa to aupplT te the Conaitt .. ~
cl.a.riticationa tbat it lJlig.bt a.ek COIlcerning that dratt. At lta tbird
••• 810. the COJIIIiasicm OD 1 April. 1911 recogn.!:&e4 the Deed to explaiA ta
the eor.dttee the t'u.ll ratioaale toI' the proposal incorporated iD the
traoadt to the Secretar.r-Gelaeral o~ the UJdte4 lfaUcma PJ1" SUblais810ll to
the ComId.tt t e~tur'ther autbol"ized lta C'ha.irIIam. ualsted b7 the tvo
Vice-Cb&i1'l!lJl!lltto pree.Dt OD behal~ ot th. COIIIIisdoa &DJ' cl.a.rit"icatioa
tbat the COIIa.itt.. JÙght aeek CODc:endq the draft Rel.&ticmahlp Agreemelit
and to agree to arq ~. iA tbat draft vithia the tnaevork ot the
l!:xpl.aDatoZ7 Nate.
The eo.dtt .. t01" Neaotiatione vith IDtergorexament&l. Agancie. ot the
Econoaic &Ad Social Couacll met betweea 1" AprU and 11 Mq 1911. vith the
pe.rticipatiOll 01 the Cha.1.Joma szaaclthe two Vlce-Cha!.rmetl o~ the Preparatory
ColllllÛsd01l for the 1'urld. At the coaol.uaioo ot lta meet.inp it aubJlitted a
report to the CouacU coataiDiDg a reri.e4 t~ ot a draft Rel.ationahip
Agreemeat aad indicad.Dg vith regard tG Article IX thereot' (errtitled
'·Pe.rsolUle1~.") that the Cbaiman ot the eo-i •• ion had etate4
that bis agreement nth the tut ot the dratt 01 thi. article vu Abject
to .adonaeot b7 the ConaiedOft. 'l'7l. CoUDOil Ilot ita sb:tT-second a.ssion
OB 13 !fq 1911 took not. vith appreciation o~ the report ot the Cota1tt ..
and deo!d.e4 to trauait to th. 1'ua4, for ita .pproft:t the draft Relationehip
snd the ~ record ot th. CouacU'.
Maou.loa.
At lts tourth ses.ion the ~ COIIIIis.i01l tor the Ftmd on
13 July 1917 noted the report o~ !ta off':lcers OB the ne80ttatlolllJ concenû.Dg
the dratt Relationahip Agreement that theT had eoadueted vith the eo-ittee
on :fegotiatione vith Iatergoh,lIWeDtal Agencies. and approTed the dn.ft o~
the RelatlO1lahip Agre-m: lIJUlexed to the report ot' the Camldttee.
The i:ooDaIict and Social. CollDctilst {ta .btT-thiri •••• 108. aD the
baais or • relK'ri ot ita Poliay IU\d Prograee Co-ord!JI&tiOD COJ:IIII1.t.t , -1., .. ·1
u ~
Ii~olil,ial.la~:\l~tilii[Ii:\~~·i~t!1
lail[·i!riii~[r~ifiltil.tfi!i~"1~
i-Eifiil,J:[[13iffilil~~i~il'fllt,i
~!IIEilii l[·~ti';~i~llaf~i§
:f[i~.. 10l.!I. Il~..![ili~rfi~~ ;'!~I=[tl[~.I!
8 r.~,~.;;··
~illlf1ll:~r~~l:ia~!jti! ~:::~itc+
I,[~~i1!i~i'i~;~i[: lll~~iIi
atlifiiiif:lil:ti'ltl(Itfi..[
i ,~rfirIii.aii ltJ1IiiJÎi i
illl,ti f. l'1"'-1" 'iil!r!
li.;~li! t l ~f~!;ii'iKltll!
~ r iairiJ t · aiial·f• i ~$) ----------------------------~
-5-
tbe Boari. the 00ftraiDc Couaeu Ga 1" Dea.... lm app!'O'ftCl tH
'. u4 tbe Pruic1ed 01 the "'-' ~C!atM thi.
approTal to tlIe SecretalT-<Jneral 01 tbe uaitM latiou ia tlae ...... the
text of vIlicll hM beea &ppt'Oft4 _ tlIe beoùi'ft Board.
After tJae reo.ip' 01 tlIe C!~.atioa rra. the Prai4ea\ 01 the 7ua4.
the Qeeral M~, IIOU.. oa tu net< ".t{OIt 01 n. MaiJùatrati ...
ua BudgtJtalT ec-:1tt ... oa l' JlenIibeI'lm &ppl'O'f'MArtial .. l'II, VIII
"' aa4 Ga tlle... date, actiq
oa the rec~tioa ot it. ZcoDoaie sad riuaoial eo-ttt.ee, appro'ft4
the draft BelatloDaldp A&reeMat.
Antal. XYlII of tiIeAcza••• at pro-ridettthat the ~ ah&ll ..ter
illto t'Oro. Ga na appJ'O'ftlbT the Oeaenl. M--1Il7 of tlw t1aite4.latlou
u4 the Qcml1'1liltCeo..eil of tta. Iateraatioaal. ,.,.. toI' Acric~tllHl
~t.
'!he~t aeaordiDs1:T c... i.Dtotore. Ga 15 Deeeùer lm.
A eGPT 01 tlle autlleIltle tut of tbe ~t la attulae4 bereto.
----_._-------------~ (,- ~- ~------------------------------~
~~
Preu1I1.
ta acCOJ'daDMvitla the pI'O"I'i.iou ot Anlal .. 51 aa4 63 or tha Cbarter
ot the 0idte4 Natiera u4 ot seetloa l ot artic1. 8 ot the ~
btabl.iahiq the Iaten&tlOD&1 P'\m4 for Agricn.1l.turalDeftl~
(herehaft.- aa1.le4the "Agn ,"). the UJdte4 lfatiou uacl the
Irateraatioaal l'uD4 for ~tanJ. DIrftl~ (heniDafter caU" the
"J'ImAn) qne .. tollan:
Artie1.1
RecotpûtiC!!
Tb. t1aJ.tecl lI'atiourecopi ... the J'UD4u a sptCialis" &&ftCI7 t
operatiDc ta aecor4aaee Yith the Acr- .. ooael.u4e4 ~ lta maber stat ..
vith the ob.1ecrti... ot mobllisiq addit1oa&1. n.ovc .. to 'be.a. aTailabl..
OB COIIe1I loaal ten. for qrinLtllnl. d~ ia ~ ___
stat ...
Articl. II
Heolp1'OCalE'!p!'!!_atloa
1. Repreeatati.,... ot the l1Dit.. Ifat:loaa aha11 bec
(y EDtiU. tG att ........ tG Il.Ucipde vitho1n "tOM bat Il Uqa
ot the Ooftftd.ac eo-U of the PacI;
(~) IArit .. to panf.ef.»a'tevi~ -.ot.!ta 'broa4po11q~
1IM't1np ot othar GrpM ... ~tteM ot the r.4.
2. Reprueatati ..... r4the PUD4 sJIal.l 'be:
Cv 'BatUl .. te attea4 -.thsa ot the 0eaer&1 AaHÛ1,7 o-rthe thdte4
lfatiou toi' pgrpo ...or OOIlftltat1ou;
C~ ldiUe4 to at'teD4. aa4 to partlo:lpaü ritboâ wt. ia. 'HetiJap
o-r the Ma:1a eo.ttt ...... othe- orpaa rd the G-..ra1 AII~, ta
part:lcu1ar tlle-.z.14 J'oo4ecn.eu, .. ftll ..."'-iDca ot tlleP.aoDamc u4
S001a1 Couaou ... of tIIe ~p Coaaeu ... of tMir reçen:he
.uNidiaq badi.. dea.liaa witJi _tten ta _iell tM hM bu .. iatenn •
......----------------------_._--_._----_._-- ~~\----------------~
~
-1-
3. fNt'ttoieJlt adnaee raotice 0'1 thMe meetiDp aD4 their ageaclu sba1l be
gi ....110that, la coan1tatiOll, ~a ca be ...te t'oradeqat.
re~ioa.
~. Mtt_ s1:&'t~ area.bel bT .!the&" orpaiuUΠto the other sllall
be tUabi".... 'b1'the aectretU"!at ot the latte to tu raeba'lt 0'1 the
appropriate boti .. ia acCOJ'Claaeevith thefz nl .. 0'1 proceclure.
Articl. m
ProRoel 0'1 Y!ft4a it ..
SU1tJeft to ..... pnlfmMJ'7 ctODnl:tàiGla .. .., be ue"8U7. the P\tII4
ah&l1 iMllllle !JI tH prori.aloaal. ....... 0'1 tU appropria'h orgu Id tlle
Paa4 it.. propoee4 • tlleUlût_ lIatlou. 8ùdl.U"~ M !eooam.o ...
Soo!al. 00aaeU aa4 the Wor14 Foo4 eo.aU ... theh .... i4iU'J' bocl f_.
approprlat., ahal.1 ÜUIluM i. their pI'O'ridoul. ac-clu 1t_ propo ....bT
the P'aa4.
~tloa and eo-op!I'dioa
1. ta ri...,ot the ~iac 1"Ol.. aa4 &J,oNl. respou11JUiti .. 0'1 the
t1aitect lû10u la ~iac eaG'IIOÛe ... .-1&1 ~ lID4 the n.-
lbr pcMIith .... e1'hftl.,. co-operatioa ..,..."..tU UUt ... lIatiou aa4 the
,.... the l'Im4 ql"M8 to co-operaw üOHl3' Yit .. t1» uaJ....lfatiou la
MklBc ~!oa cd the poU.i .... "i'riti .. •'1the Uaite4 hUou
aD4 thoN of the Ol'PU aa4 apael .. witJda tlleUaite4 lIdiou qat ..
t'Ul..left'8ctiw. TM JWI4 apoeee t'arther te partioipd. b tbe 110ft ot
tu t1IdtM 11'.\10118 &ÙIM .t ...... iJIa auall eo--opuaUoe ....eo-ord:iJaâioa.
lB pa"\lcna1&1' tllz'ouP ~p .latlle ~i ...c-it, .. Ga
~iaa. ana. as a~.. 1.a the WOI'k0'1 lnIIItlaotb8't1ai~ latioaa
bo4i .. thà ba.,. beM HtaWahe4 or 1IIq lie ..taW8be4 tOI' t~ purpo ...
2. l'JIita tiu8eiJlc opentiou, the ..... 1Ia1l earctb. fta cnIIl
~ .2~ ta ~ vitJl the ~. takha hl.lT !ato
ao~ tu 0'N1"'-&l.l poliq ptct.u.. eatahliahe4 bT the Ullite4 lIatiou :ta
the tie14 ot ~e .. lOOial ... partiO'\'ll.u17 apoicult'&ll'&l.~. .aatlou
1. !he "-'. b&Yf:a resa'4 io ,Ile oltl!pt:1ou 0'1 \he trAite4 lratiou to
~ the o1tjen!wa .. tŒtJl ta An:1c:tl..e55ot tbe CbaTter aa4 the
taaotioM a4 pcnMrII ~ tbe lIaitel aat.iou ... It. appaopd.ate orpIUI, 1&
particnal.u' ta __ r.~~ k":1ou tor the ~_ 0'1 t_ polio! ..
tIJI:antrltl .. 0'1 the apeoialhe4 ..... 1.. , acre- te aI"I'8DP tor the
oOlul1,,-",1Π.. __ .. poa.n:&.e. lIT the appaup!au OI'ID 01 the had.
0'1 &ll. t'oN&l hO .A.uOU 'VIdellt!Ie thd.te4 .ntoa. ,., .te to 1\_
2. The ha4 qI"eM tG eatw ido aoanltdi_ vitJa the t1af.t" Wiou
upoa ~ vitla rwpecrt te. ... _ JI. hUOIMt .... ta ct. 001IZ"M te
repo:n to tU thdtel l'd1ou .. the ani. U1r.a • the hDI te li ....
el'1"M' tG .... 1'tIO':_ rktolO1111. or aB tbe Œher renl.te 0' thelr
couia.ntioa.
beb-p 0'1 b~l!M aa4 ~
1. SùJ'" to woIa a.n"UI4I Ilde .. .., be ue ... .,.,. 'HWeea the Uldte4
l'fatloM ua the .... tOI" the ~ 0'1 ca:dU.-'ial _terial
~ tG tUa b.r their ....... or ~ ~. tu11 DI prcIIpfI
NdlO1U uA \JIe ,....
2. Vit __ preJuaioe to tbe s-enUtJ' ot tlle pNYt.iaM 0'1PIft&'l'*1lI1
0'1tlde arl:1c1e%
C.!J '!he hIa4 acre- to trauât tG tbe t1a1t" 1f&tioall replU' repol'te
.. the .UTiti .. 0'1 the hII4;
(}) To the hlleat ~-' pn.nicabl.e. tbe ...... acreea to t\andall
~ ~ to the trait ... lfdlou ." epedal r.,orta, .tudi .. or
~f.aa;
(!.) '!he UaiUcl J'atioae .baU upoa l'ttq1II8fhndaIa to the r.4 ncIl
~ioa .. ..,. }Mt 0'1 QM!al iDt ..... to tH ,...
------------ ..------------.------------.- ___________ --l ~----------~----------~~~------------------------~
~~
-9-
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la ...... tIIal u.. ~..,. op•• ,t.. fd ua. tIai__ ... t.. .. U.
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.met ..... Na 'Ml __ ~ .... tM* till....t.. ..... or
~t.. ... -ttbnd.,. fta ...,.n _ ua.. opwôl .. .-u ...
........
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UaltM lad .. &'DAtIIe ,... .-u. be ~ ... te tM a1'Jll'8ftt4 lM hMnl
An 'IF ~ Ue \Jal" !fattoM ... t ..(fot .... eo..u td .........
]. TM .... ...u u..l_ lu "'~ft ..... te tu Uldut lûte.
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~ .. Id perl. ' ... na.... .,....u& ,.a...u. ,...n1At. tM
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-10-
Arl:f.cl. IX
?eno1lMl !UT'!1!5emerrt.
1. The J'uD4 açe .. to co-open.t. vith the !nternatioaal CiYil. SerTiee
eo.d.dOll oa _tter. COI1cenling th. regulatioa "IDd co--ord!JUdioa ot the
c:oIl4itf.ona ot serrice of' ataf'f'.
2. The United lfatiOtl. &Ild the P'uzldqree:
(!.) 'l'o eotlSult topther c:oaeerniq lIattera or 1IIItual.brtere.t rel.atlnc
to the 4IffIplOJlMll\of' staN'. vith a Yi.., to securiq u unaclaUIÛ:tondtT i.
the .... tter. u .., be teuf.bl.;
(!!.) 'l'co-operat. Ua the hterchange ot sta1't' Wh_ dnirabl... oa &
tlll!ll'lpO!'or perraaeftt bu1a;
(!J That the 1'UDd MiT p&l"iicipate :lA th. Uaited rlatiou .Joint staff
Peüioa PŒld Ua aaoordaac. vith the Replationa of' the Peuica 1I\m4.
1. Tbe terM aa4 coa4itiou OR wMch ..,.. tac!l!t!.. or serric •• of' the
t1ait.d. !atiou 01" tu l"ua4 iD com:wxloa vith the _tten nf'end 100 la
thi. anicl.. an to be exteDdA14 to the eth .. shall. vben neonslUT. be
~~
statist:f.eaJ. aerric ••
1. 'l'b. h:a4 ncogld ... the tJDite4 J"atiou u t_ eentra1 ageA07 t'ar th.
eollectt:lOll, aaa.l71lf.., publ.:les:UOIl, ataDdardiutioa aA4 :liai*'Oveeat of'
staUst!". lMl"ri.Da tH geaenl :p1II1IO'" o~~icaal orpaiutio.u,
witboui preJudice to the rigIR of' the rüDcl \0 CODaIl1'llitself' Yitlt arr:r
atatiatia. ISO tU' ait tllq .,. be ... eJ'l't:f.f't)rite Cft parpo ....
2. 'l'be United. lJationa &DA the J'ua4 seree to atri.,. toi" tlle .n..
co-operatioa. tba e.liadDat:loa of' aU UDded~e duplJ.catioa betveers thtJa
a.n4 the ~ efflcient u. of' their teebl1:f.cal pertIOftJlel ia th.izo reqecti..,.
proce .... ot coUeotioa, aaal7JIU, pqbJ.icatioa aD4 di •• ..taatioa ot
a-tatUtical !at't:mlw.tiOli. 'l.'U;r.hall coaltine tludJ> .ttort. \0 .eoure the
greateet poe.ible ua.hl..ne8. an4 utUisatiOli ot staUri1eal l~tiQll u4
to m.ûah. the baI'dea pl.aoM upoa ~. aA4 011 oth .. orpaiat1ou
tn. vhich suell iDtonatioa IIQ' be co.Ueete4 •
._-- ..._._----------.--_._ ....._---_. __ ._._--------------' ~~)------------------------~
~ ..,.p
-u-
3. The U1dted 1'fatiou aocl the J'ua4 ~ tG t'und.1l euh other pz'OIIptl7
vith aU appropriat. DOIl-COIlfid.eti&1. atatinieal intor.latlO11.
... 'l'he United.!atlou aball. hl coan1tattoa vitll the ha4 aa4 other
AgeDai.. vithh the United lfatlou qat_ eo.timle tG d.nelop
&c1Idniatr..u..". h.trumelrta aD4 procedure. tbrough wtûell effectl..,.
atatinical co-operatioa ~ be aecarecI ___ all the •• orpldu.tioaa.
Aa.iataace to the t1:Idte4 lfatiou
Withia the tiel4 ot ita COIÇeteue aM. 'bu" upoa lt. Aar. l. th.
hD4 .baU co-ope1at. vi" a4 ~ nall aui.st ... to the Uaitect ".tiou
.. the la" .. mq ~ macler lta Chu t._C".cu1aJ-17 ~ the
acea.pli8bMat ot the priJaoipl... ... }NI'pOH8 .ft ~ lA Artle1. "
thereot'.
;Aniel.e XlI
If'Ii::) '1"echaiclll .. aiaUAo.
1. '!!te Unite4 ! Uou and tu ha4 .baU c..operat. la the pl"O'Yia1oa ot
tftbaical. .. ainuee ftJr acricul:t1ll'lla...l0Jll8ll\. eb&ll. ."fOi4 Ulld.M1.rahl.
duplicâioa fd acnirltl .. a4 .errleee "laU .. to 8\1Û teolmtcal
.. slnaace aDIl üal.l tab lI'\1lIOti_ .. -.:, 'be""AI7' tG ach!..,. the
affecti.". co-ordiDatioa ot the!r teohllica1 ... iatuee aeti'riti... vitMa
the traMwork ot co-o:rdiDa'tiOil macldDes7 ia the field ot teclmical
ueiltaace.
2. VitMa the tielcl ot lt. ~ ... aaa bu_ upoa lt. rele"f'lllrt
innl'Wll8llte. tta. J'aaa q:r ... to co-opel"a'te ritla the Uaite4 lIa'loua _4 tt.
orgaIUI, sa nU sa the sgeDcl .. vitMa the United 1'fatiou QW t._.
pr..,Uq &114faeUltatiD& th. traut'eI' ot taolmoloG' ftw too4 aa4
agricul.t1U'1ll~ troa dAmtl0pe4 to deftlopiDg coUDtrl .. , the
d.eftlopll8D\ ot iD41ge11OU8 t4IClmo.lO§ aa4 t_bldcal. co-operatiOll ~
denlopÛ18 couatri .. la lJuch a __ .. tG usiat th ... C01IIItrf...la
attaiJd.Dc their obJecti.,.. hl tbeR tie.lû. -------- fi) -·-------·-
~\_:_.ft;
-12-
r
ArticXIII
~tional Ccn1of' .Tunie.
1. The Pund tunUa81fin1'orutharaq be requb7 th.
f. thCourt.iCouof' .Tustiee to Arti3kof' Statuot
2. TbGeaerAe.e:eofthUntted Nat:1oll•• trunto
requeadTisol'7 oofthIDt8l'lUlCourot Ju.tou legal
qutiOlltl aviththe .eopthe~'. actintinothethaD
questicOIleenthlIlUtreJ.atioofthe1I'uatheUnited
thCourb7thGcmmûq.CoUDQUot lI'tor b7 ExecutBo&l"4
a.ctiDg puto!authorlsabytheGoYendCoUDOUThe hD4
.haintonthEcoDOldcSoci/CoUDCot&rrTsueh rit,ued
addresa thCourt.
ArticXIV
~elatiui tothinternatior@izatiou
Tbe P'tmd ab&theEcoDOJlic &DdCoUDot tJZJTtormal
in partia.grtto tatthCouaeotthe nat&Ildacop&D7f'
aueh "Ueebet'it18COIlCluded.
~icl.XV
UDited Natlai -pasr•
Thefficiot thrun.halbe entito ua. the -pllr...
of' the Unitedlnaeeordavitaueh spearrangem11mq
Presideot tPUnd.e Secret&l'of' tUnited N'anthea
1
1
!.. -.--.. .._.._. .~ . - _J _ _ ._ ~--------------~
-13-
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,... .., -'- Iate .... nppt--., U'.........t.a "..tM fllPl..u&faa
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AnJ.!l! mu
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ChtMnl n1...~ t_ UalUli .... to. _ '!le ~ eo.eU rd tM
r..I.
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Il rAI'l'VIIBlIIOFlM ha.. a fOI DI <JJOI 110 _'WUU
app4ftl4e4OUI"dcaa'arM tlû.a awu' DOtadlllA'.... 1. au .Yril.
.i.xtJalSq 01 AprU Olle tIIouu4 .u. DftI'0'" ltO!Date lli-bu:l11
n.l.AbUDClr.t us4 ••~ ...i_ LoacIftaau __ ..,.,.,ei,...
d LoDaoa M tva oridAa1 orictaaa 4. p:r4.... P1'otoeole._
copi •• o~ tlM preMid ProWcol 1...... l'ra.cJd .d aac1d•••
a
ta tIM .fIa&liM aM l'n8cIl L'ua d.. euap1 :ll"M oriaha_
laa.papa. ODe o~ tM oridul .... o.laaaI ......d.uf •.-i.
copi ..wil.1 _ t:llAC ... d. 8eerftari •• _ l'orpaf. .. tioa
l'eaorc1anUl tu ~ du lfa"1... Uai•• dl' auUe •.,..
01 tlM Ualt_ ,.. !ou ... tU dpo_ 4ua 1.. anldwa cla PoG4a
otllarvUl _ d.epodt.. t. '!le ~10Ml. 4e dftlo."......
anlùft. of the Iat ....!oaal qriool.a.
Pua4 ~ Acri4ul1:un1
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Le Sea4t&ire gWn.J. (le1 tOrpaûat1c.
ct. lat10u t1a!..
i,·t·
; . .·.~·I\·
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d'
Le Pr4.ia.d !hl J'o1Iilden.Uoaa1.
] cie ~ apicole
Pre.ttt.d o~ tbe IDtena1:icaa1 PUa4
tbr Acrio'Ü'lINl ~
--------_._--------------------x. RESOLUTION ON THE REQUEST BY THE
EXECUTIVE BOARD OF IFAD TO THE
INTERNATIONAL COURT OF JUSTICE FOR AN
ADVISORY OPINION WITH RESPECT TO
JUDGEMENT NO. 2867 OF THE
ADMINISTRATIVE TRIBUNAL OF THE
INTERNATIONAL LABOUR ORGANIZATION Resolution on the request by the Executive Board to
the International Court of Justice for an advisory
opinion with respect to Judgment No. 2867 of the
International Labour Organisation Administrative
Tribunal
The Executive Board of the International Fund for Agricultural Development,
at its ninety-ninthsession held on 21-22 April2010:
Whereas, by its Judgment No. 2867 of 3 February 2010, the Administrative
Tribunal of the International Labour Organisation (ILOAT) confirmed its
jurisdictionin the compla/nt /ntroduced by Ms A.T.S.G. against the International
Fund for AgriculturalDevelopment,
Whereas Article XII of the Annex of the Statute of the Administrative Tribunal of
the InternationalLabour Organisation provides as follows:
"1. In any case in which the Executive Board of an international organization
which has made the declaration specified in Article II, paragraph 5, of the
Statute of the Tribunal chaIJenges a decision of the Tribunal confirming its
jurisdiction,or considers that a declslon of the Tribunal is vitiated by a
fundamental fault in the procedure followed, the question of the validity of
the decision given by the Tribunal shall be submitted by the Executive Board
concerned, for an advisory opinion, ta the International Court of Justice
2. The opinion given by the Court shaH be binding."
Whereas the Executive Board, after consideration, wishes to aval! itself of the
provisions of the said Article,
Decides ta submit the following legal questions to the International Court of
Justice for an advisory opinion:
J. Was the ILOAT competent, under Article II of its Statute,to hear the
complaint introduced against the International Fund for Agricultural
Development (hereby the Fund) on 8 July 2008 by Ms. A.T.S.G., an
individua( who was a member of the staff of the Global Mechanism of the
United Nations Convention to Combat Desertification in Those Countries
Experiencing Serious Drought and/or Desertification,Particularly in Africa
(hereby the Convention) for which the Fund acts merely as housing
organization?
II. Given that the record shows that the parties to the dispute underfying
the ILOAT's Judgment No. 2867 were in agreement that the Fund and the
Global r--1echanismare separate regal entities and that the Compfainant \Vas
a rnember of the staff of the Global Mechanism, and considering ail the
relevant documents, rules and principles, was the flOAT's statement, made \ in support of its decision confirming its jurisdictlon, that "the Global
Mechanism ls to be asslmilated to the various administrative units of the
Fund for ail administrative purposes" and that the \\effect of this is that
administrative decisions taken by the Managing Director in relation to staff
in the Global Mechanism are, in law, decisions of the Fund" outside its
jurlsdiction and/or did it constitute a fundamental fault in the procedure
followed by the IlOAT?
III. Was the IlOAT's general statement, made in support of its decision
confirming its jurisdiction,that "the personnel of the Global Mechanfsm are
staff members of the Fund" outside its jurisdiction and/or did it constitute a
fundamental fault in the procedure followed by the ILOAT?
IV. Was the ILOAT's decision confirming its jurlsdiction to entertain the
Complainant's plea alleging an abuse of authority by the Global Mechanism's
Managing Director outslde its jurisdiction and/or did it constitute a
fundamental fault in the procedure followed by the ILOAT?
v. Was the ILOAT's decision confirming its jurisdictlon to entertain the
Complainant's plea that the Managing Director's decision not to renew the
Complainant's contract constituted an error of law outside its jurisdiction
and/or did it constitute a fundamental fault in the procedure followed by the
1LOAT?
VI. Was the IlOAT's decision confirming its jurisdiction to interpret the
Memorandum of Understanding between the Conference of the Parties to
the United Nations Convention to Combat Desertification in Those Countries
Experiencing Serious Drought and/or Desertification, Particularly in Africa
and IFAD (hereby the MoU), the Convention, and the Agreement
Establishing IFAD beyond its jurisdiction and/or did it constitute a
fundamental fault in the procedure followed by the ILOAT?
VII. Was the IlOAT's decision confirming its jurisdictionto determine that
by discharging an intermedlary and supporting role under the MoU, the
President was acting on behalf of IFAD outs/de its jurisdiction and/or did It
constitute a fundamental fault in the procedure followed by the ILOAT?
VIII. Was the IlOAT's decision conflrming its jurisdlctionto substitute the
discretionary decision of the Managing Director of the Global Mechanism
with its own outside its jurisdiction and/or did it constitute a fundamental
fault in the procedure followed by the ILOAT?
IX. "'/hatis the validity of the decision given by the IlOAT in its Judgment
No. 2867?
Rome, 22 April2010
Kanayo F. nze Paolo Ciocca
Chairman of the Executive Board Secretary of the Executive BoardIr.
!.~
~,
J'L Enabling poor rural people to overcome poverty
IFAD
5 May 2010
Dear Sir,
Further to your electronic message dated 13 April 2010, 1refer to Judgement No. 2867 decided
th
by the International Labour Organization Administrative Tribunal (ILOAT) at its 108 Session on 3
February 2010, in which, the Tribunal ruled in favour of your client Mrs Ana Teresa Saez Garcia (the
"Complainant") and ordered the International Fund for Agricultural Development (the '"Fund") to pay the
Complainant; (i) material damages equivalent to the salary and other allowances the Complainant would
have received if her contmct had been extended tor two years from 16 l\-farch2006, together with interest
at the rateof 8 per cent per annum from due dates until the date of payment (the Complainant is to give
credit for wages and salary eamed within that period)(iO moral damages in the sum of 10,000 Euros; and
(iii) costs in the amount of 5000 Euros.
1further refer to my letter dated 15February 2010 to the Complainant, notifying her of the Fund's receipt
of Judgment No. 2867 and further infonning her that the Fund was considering an appeal of tbis
Judgment to the International Court of Justice, pursuant to Article XII of the Annex of the Statute of the
ILOAT. Pending this decision, 1requested the Complainant to provide the following information: (i) the
wages or salary the Complainant eamed for a two year period starting from 16 March 2006; (i) the
Complainant's pay slips from aIl her employers, where applicable, (ii) tax retums of the Complainant
from the Italian Govemment, and any other Govemment, as applicable, (iii) an affidavit certifying the
Complainant's total wages and salary earned within that period, and (iv) any other information on the
Complainant's wages or salary for the period described above.
On 8 l\tlarch 2010, the Complainant addressed two separate documents to my attention. The first
document is entitled "CUD 2008" and the second one is entitled ''TravelExpenses 2007".
Please be advisedthhat on22 April 2010, the Executive Board of the Fund, by resolution EB 2010/99/R.43
adopted at its 99 Session, decided to avail itself of the provisions of Article XII of the Annex of the
Statute of the ILOAT and requested an advisory opinion from the International Court of Justice on
Judgment No. 2867 (Annex l, Resolution EB 2010/99/R.43 of the Executive Board). Moreover, on 23
April 2010, the Fund submitted nine questions to the International Courtf Justice by means of a formai
Request for an Advisory Opinion (Annex II, Request for an Advisory Opinion).
On 4 ~Iay 2010, the Fund signed an Escrow Agreement with the Banca Populare di Sondrio and
established an escrow account. The Fund has currently deposited into the escrow account a SUffiwhich
corresponds to the amoWlts awarded in Judgment No. 2867. The arnount so deposited in the escrow
account needs to be recalculated upon the receipt of satisfactory evidence of the CompIainant's salary and
wages for a two year period starting from16March 2006.
FinaHy, please find attached the request for the suspension of the execution of Judgment No. 2867
pending the outcome of the advisory opinion of the lnternational Court of Justice, which was filed by the
Fund on 4 l\-fay 2010 with the ILOAr (Annex III, Request by the Defendant Organization for the
Suspension of the Execution of Judgrnent No. 2867). The Fund understands and anticipates that the
Complainant shaHbe invited by the Tribunal to share her views on the aforementioned request.
International Fund for Agricultural OevVia Paolo di Oono. 00142 Roms, Italy
Tel.:t-39 06 5459F::vc39065043463 E-rnall: ifad@ifaWeb site: www.ifad.org Regarding the advisory procedure betore the International Court of Justice. the Fund wishes to point out
that theourt's Statute contains no provisions whereby individuals may be given access to the Court, in
the sense that individuals may not be considered parttoscases before the Court. For this reason, and in
order to ensure thal the Court is made aware of the views of the Complainant, the Fund hereby informs
you that itis prepared to transmit to the Court any view that the Complainant may wish to share wil.
~forcov heving regard to the practice followed by the Court, please be informed that should the
Complainant wish to present \VriUensubmissions or docwnents, such written submissions and documents
must be suhmitted in English and in French.
Yours sincere1y,
Mr Lawrence Christy
Counsel for Mrs Ana Teresa Saez Garcia
Via della Luce 38
00153 Rome
CC: Mrs Ana Teresa Saez Garcia
CaseHa Postale 64221, Roma 64
00100 Rome
Catherine Comtet
TheRegistry
Internationalabour Organization
Administrative Tribunal
4 route des Morillons
1211 Geneva 22
2 Resolution on the request by the Executive Board ta
the International Court of Justice for an advisory
opinion with respect ta Judgment No. 2867 of the
International Labour Organisation Administrative
Tribunal
The Executive Board of the fnternational Fund for J\griculturaJ Development,
at its nlnety-nlnthsession held on 21-22 April 2010:
Whereas, by its Judgment No. 2867 of J February 2010, the Administrative
Tribunal of the fnternational labour Organisation (ILOAT) confirmed its
Jurisdlctionin the complaint introduced by Ms A.T.S.G. against the International
Fund for AgrlculturalDevefopment,
Whereas Article XII of the Annex of the Statute of the AdministrativeTribunal of
the InternationalLabour Organtsation provides as fo/lows:
\'1.In any case in which the Executive Board of an International organization
which has made the declarat;an specifled in Article II, paragraph 5, of the
Statute of the Tribunal challenges a dedsion of the Tribunal confirming its
jurisdfction,or considers that a dec/sion of the Tribunal is vitiated by a
fundamental fault in the procedure followed, the question of the. valldity of
the dedslan given by the Tribunal shaH be submitted by the Executive Board
concerned, Faran advisory opinion, to the International Court of JustIce
2. The opinion given by the Court shaH be binding."
Whereas the Executive Board, after consideration, wÎshes to avail it.5eof the
provisions of the said Article,
Decides ta submit the folfowlng legal questIons ta the International Court of
Justice for an advisory opinion:
1. Was the flOAT competent, under Article II of its Statu te, ta hear the
complaint introduced Jgainst the International Fund for Agricultural
Devefopment (hereby the Fund) on 8 July 2008 by f'-15. A.T.S.G., an
indivrdual who 'lias a member of the staff of the Globa' Mechanism of the
United Nations Convention to Combat Desertification in Those Countries
Experlencing Serious Drought and/or Desertification,Partlcufarlyin Africa
(hereby the Convention) for which the Fund aets merelv as housing
o(ganilation?
II.. Given that the record shows that the parties to the dispute underfying
the IlOAT's Judgment No. 2867 were in agreement that the Fund Jnd the
Global Mechanism are separate feqal entittes and that the Complainant was
a member of the staff of the Global Mechani'im, and consldering ait the
rel~vJ documents, rliles and principles, ",as thIlOAf's statement, m.,de \\
'\ ln support of Its decfsian confirming its jurisdlctlan, that '~th Gelobal
~1echani Ismta be asslmllated ta the variaus administrative unlts of the
Fund for ail administrative purposes" and that the "effect of this is tnat
administrative declslons taken by the Managing Director in relation to staff
in the Global Mechanism are, in law, decislons of the Fund" outside its
jurfsdictfon and/or did It constitute a fundamental fault in the procedure
followed by the ILOAT?
III. Was the ILOAT's general statement, milde in support of its declsion
conflrming its jurfsdiction,that \'the personnel of the Global Mechanlsm are
staff members of the Fund" outside its Jurlsdlctton and/or did it constitute a
fundamental fault in the procedure followed by the IlOAT?
IV. Was the ILOAT's declsion confJrmlng its jurlsdictlon ta entertaln the
Complainant's plea atleging an abuse of authorlty by the Global Mechanismls
I\-tanagfng Director outslde its jurisdiction and/or did it constitute a
fundamental rault in the procedure Followed by the [LOAT?
V. Was the ILOAT's decision confirmlng its Jurisdictfon to entertain the
Complainant's pfea that the Managing Director's decision not to renew the
Compfainant's contract constituted an error of faw outsfde its jurisdiction
and/or did it constitute a fundamental fault in the procedure followed by the
1LOAT?
VI. Was the ILOAT's decision confirming its Jurisdlctlon to interpret the
Memorandum of Understanding between the Conference of the Parties to
the United Nations Convention ta Combat Desertification in Those Countries
Experiencing Serious Drought and/or Desertification, Partlcularfy in Africa
and [FAD (hereby the MoU), the Convention, and the Agreement
Establishing IFAD beyond its Jurisdiction and/or did it constJtute a
fundamental fault in the procedure followed by the ILOAT?
VII. Was the ILOAT's decision confirming its jurisdlctionto determine that
by dlscharging an intermedlary and supporting role under the MoU, the
President was acting on behalf of IFAD outslde Its Jurisdlction and/or dfd lt
constitute a fundamental fault in the procedure FoHowed by the [LOAr?
VIII. Was the [lOAT's dectslon conffrming its jurisdJction to substitute the
discretionary decJsion of the Managing Dlrector of the Global Mechanism
with its own outside its jurisdiction and/or dfd it constitute a fundamental
rault ln the procedure followed by the IlOAT?
IX. 'rVhat is the vafidity of the dedsion given by the ILOAT in its Judgment
No. 2867?
Rome, 22 April 2010
Kanayo F.' nze Paolo Ciocca
Chairman of the Executive Board Secretary of the Executive Board Résolution sur la demande d'avis consultatif,
présentée par le Conseil d'administration à la Cour
internationale de Justice, concernant le jugement
no 2867 rendu par le Tribunal administratif de
l'Organisation internationale du Travail
Le Conseil d'administration, ilsa quatre vingt-dix-neuvième session des 21 et 22
avril2010 :
Attendu que, dans son jugement no 2867 en date du 3 février2010, le Tribunal
administratif de t'Organisation internationale du Travail (le Tribunal) a affirmé sa
compétence en relation avec la requête formée par Mme A. T. S. G. contre le
Fonds internationaJ de développement agricole,
Attendu que l'article XII de l'annexe du Statut du Tribunal administratif de
l'Organisation internationale du Travail dispose que:
I1. Au cas où le Conseil exécutif d'une organisation Internationale ayant fait la
déclaration prévue à "articleII,paragraphe 5, du Statut du Tribunal conteste une
décision du Tribunal affirmant sa compétence ou considère qu'une décision dudit
Tribunal est viciée par une Faute essentielle dans la procédure suivie, la question
de la validité de la décision rendue par le Tribunal sera soumise par ledit Conseil
exécutif, pour avis consultatif, à la Cour internationale de justice.
2. L'avis rendu par la Cour aura force obligatoire."
Attendu que le Conseil d'administration, après examen, souhaite se prévaloir
des dispositions dudit article,
Décide de soumettre à la Cour internationale de Justice, pour avis consultatif, les
questions juridiques ci-apres:
1. le Tribunal avait·jf compétence, en vertu de l'articfe II de son Statut, pour
examiner la requête dirigée contre le Fonds international de développement
agricole (ci-apres dénommé le Fonds), en date du 8 juillet 2008, formée par
Mme A. T. S. G., une personne physique qui était membre du personnel du
Mécanisme mondial de la Convention des Nations Unies sur fa lutte contre la
désertification dans les pays gravement touchés par la sécheresse et/ou la
désertification,en particulier en Afrique (d-après dénommée fa Convention),
vis-à-vis duquel le Fonds Joue simplement le rôle d'organisation d'accueH?
Ir. Étant donné qu'il ressort du dossier que les parties au litigeà la base du
jugement no 2867 du Tribunal sont convenues que le Fonds et le Mécanisme
mondial sont des entités juridiques distinctes et que la requérante était membre
du personnel du r-1écanisme mondial, et en considération de tous les documents,
règles et principes pertinents, ,'assertion du Tribunat, en appui à sa décision
affirmant sa compétence, selon laquelle "Je Mécanisme mondial doit, à toutes fins
ndministratives, êtreassimilé aux divers services administratifs du Fonds" et que
"la conséquence en est que les décisions administratives prises par le Directeur
général au sujet du personnel du Mécanisme mondial 'iont, en droit, des décisions
du Fonds", relevait-ellede sa compétence et/ou constituait-elle une faute
essentielle de ta procédure suivie par le Tribunal?
Ill. L'assertion générafe du Tribunal, en appui à sa décision affirmant sa
compétence, selon laquelle "les membres du personnel du f'1écanismemondial *i
sont des fonctionnaires du Fonds/ , relevait-eUe de sa compétence et/ou
constitudit-elleune faute essentiefle de fa procédure suiVIe par le
Trrbunal? IV. La décision du Tribunal affirmant sa compétence pour examiner l'argument de
la requérante selon lequel la décision du Directeur général du Mécanisme mondial
était entachée d'abus de pouvoir relevait-eUe de sa compétence et/ou constituait
elle une faute essentielle de la procédure suivie par le
Tribunal?
V. La décision du Tribunal affirmant sa compétence pour examiner l'argument de
la requérante selon lequel la décision du Directeur général de ne pas renouveler
le contrat de la requérante constituait une erreur de droit relevait-eUe de sa
compétence et/ou constltuait·elle une faute essentielfe de la procédure suivie par
le Tribunal?
VI. La décision du Tribunal affirmant sa compétence pour interpréter le
mémorandum d'accord entre la Conférence des Parties à la Convention des
Nations Unies sur la lutte contre la désertification dans les pays gravement
touchés par la sécheresse et/ou la désertification, en particulier en Afrique et le
FIDA (ci-après dénommé le Mémorandum), fa Convention et l/Accord portant
création du FIDA relevait-elle de sa compétence et/ou constituait-elle une faute
essentielle de la procédure suivie par le Tribunal?
VII. la décision du Tribunal affirmant sa compétence pour déterminer que, en
s'acquittant d'un rôle d'intermédiaire et de soutien, en application du
Mémorandum, le Président agissait au nom du FIDA relevait-elle de sa
compétence et/ou constituait-elle une faute essentielfe de la procédure suivie par
le Tribunal?
VIII. La décision du Tribunal affirmant sa compétence pour substituer à fa
décision discrétionnaire du Directeur général du Mécanisme mondial sa propre
décision relevait-elfede sa compétence et/ou constituait-elle une faute essentielle
de fa procédure suivie par le Tribunal?
IX. La décision rendue par le Tribunal dans son jugement no 2867 est-elle
recevable?
Rome, le 22 avril 2010
Kanayo . Nwanze
Président du Conseil d'administration
Secrétaire du Consei'
d'administration !0'
00'
.~il Efl.lbfing pcor rllra' people to ovtlrcoms poverty
IFAD
1.1April 201()
Dcar Sir.
f hav~ the hOflour to intlmn YtJlI(hat the Executive Onard of the International Fund t~}r
'h nd
Agricultural ()~vdop trAnD). byt a resolutionmfnpted alits99 session on I\pril 21 201 n.ading
within the t'rarnew()rk of Article XII of rhe Annex of the Statute of the AJmÎnistmtive Tribunal llf the
IntcrnatÎ()Ilal LabtlUr Organisation. deci<.lcc.t~haJf« !hngdeecision rcndcred by the Tribunal in
Judgmcnt No. 2867 at is 108 St!ssion, un Fcbrunry Jnl, 2010, in the matter of S-G. v. 1F,\D. and tn rt!ft!f
fhe question of (he vaJidity oJudgrncnt 2867 tt>fhe International Court ofJustice.
;\c~ord theilxle gcllyG.otrdiof FAD, bya rcsolutlon adopted nt it99,h session on April 22",2010.
deciJed tu rcquest the International COlll1vf Ju~ti tctgve an aJvisory opinion on the tc)lIowing
questions;
1. Was the ILOAT competent, under Article Ir of its Statute, to hear the
complaint introduced against the [nternatlanal Fund for Agricuftural
Development (hereby the Fünd) on 8 July 2008 by Ms S-G, an ;ndlvidua( who
was a member oF the staff of the Global Mechanfsm of the United Nations
Convention ta Combat DesertificatIon ln Those Countries Expertencing Serious
Drought and/or Desertification, Part;cularly in Afrlca (hereby the Convention)
for which the Fund acts merely as housing organization?
II. Given that the record shows that the parties to the dispute underlying
the ILOAT's Judgment No. 2867 were in agreement that the Fund and the
Global /Vlechanism are separate fegal entities and that the compfainant was a
member of the staff of the Global Mechanism, and considertng ail the relevant
documents, rules and princip/es, was the ILOAT's statement, made in support
of its decfsion conftrming its Jurisdlction, that "the Global Mechanlsm is ta be
ilssimilated ta the various administrative units of the Fund for ail
administratjve purposes lland that the "effect of this ls that administrative
decisÎons taken by the Managing Director in refation ta staff in the Global
Mechanism are, in law, decÎslons of the Fund" outsfde its jurisdiction and/or
dld it constitute a fundamental fault in the procedure foUowed by the ILOAr?
III. 'N35 the fLOAf's general statement, mdde hl support of its decision
confirminq Itsjudsdldion, that "the personne' of the Global Mecharlfsm are
st,lffmemberc; of the Fund u outside its jurisdktton and/or did it constitute a
fUlidam~n f.tullin the procedure folfowed by the ILOAr?
IV. 'l'lasthe fLOAT's decislon confirmlng its jurisdictlon to entertain the
Complainant's plea alleging an abuse of authority by the Global r-1echanism's
iYtanagjng Director out.sfde its jurisdiction and/or dtd it constitute a
fundamentaf fault in the procedure foHowed by the lLOAr?
1 ~"f'if,lf :,I~,:f}' :"(/(,·.~~.lf·p~Il'11"f,lq.:~.("t.~t!.,~~1't., t 1~',
;0':0 ''JoJ.j';ol1'0 rU':lj l:01\.l/'.'''I,'dd,Ml:J':1/1,~tJ° ,°!r":!'rIJ
1 ' v. ."Vas the Administrative Tribunal's decision confirmlng its jurlsdiction to
entertain the Comprainant's pfea that the Managlng Director's decision not to
renew the Compfalnant's contract constltuted an error of law outside its
jurlsdlction and/or dld it constitute a fundamental fault in the procedure
followed by the IlOAT?
VI.. Was the IlOAT's decislon confirming its Jurlsdlction ta interpret the
I\'lemorandum of Understandtng between the Conference of the Parties to the
United Nations Convention to Combat Desertification in Those Countries
Experiencing Serious Drought and/or Desertification, Particularly in AFrica and
IFAD (hereby the ""ToU), the Convention, and the Agreement Establishing IFAD
beyond its jurlsdlctlon and/or did it constitute a fundamental fault in the
procedure followed by the ILOAT?
VII. Was the ILOAT's decislon confirming its jurlsdictlonto determine thùt
by discharging an intermediary and supportlng role under the MoU, the
President was acting' on behalf of IFAD outside its jurisdlction and/or did It
constitute a fundamental fault Jnthe procedure followed by the [LOAT?
VIII. Was the ILOAT's decision confirming its jurfsdiction to 5ubstitute the
dlscretlonary decision of the Managing Director of the Global Mechanfsm with
its own outside its jurisdictlon and/or did it constitute a fundamental fault in
the procedure followed by the lLOAT?
IX. What is the validity of the declsion given by the ILOAT in its Judgment
l'Jo. 2867?
One copy eut:h of tht: French and English texts of the 'ntter resolution of the Executive Board IF/\D.
both July ccrtitied. are ht!rcin cnduscd.
rn aCCOrd41flCw.ithArticle 65 of the Statute of the Court, IFAlJ shall transmit to tht: Court ail Jocumcnts
likcly to throw light upon the question.
f ;ldditionalJhave the honollrtn il1t~ ymunthat ( have designatcd Dr Hutsel Silvestre J. l\·fartha. the
CicneralCoullsd. as the represclltative of lFAD in the procectIings of the Court conccmillg this rcqut!'it.
Dr \tlartha Îs authorizeu to present written and statcmcnt5 Urlbdlalf of lFA.D in the matter bctorc the
Court.
Yours tàirhtillly,
Pre~jc .ftehfrltrnationa' CtHJrt of J....t.ice
Pe:tce P.llace
<.amcgiéplein .2
2517 KJ rhe Hague
'f he Nc(hcrfact<.ls
Documents transmitted to the Court by the International Fund for Agricultural Development