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STSGB20029 - UNDP Europe & CIS

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STSGB20029 - UNDP Europe & CIS

    ST/SGB/2002/9

Regulations Governing the

    Status, Basic Rights and Duties

    of Officials other than

    Secretariat Officials, and

    Experts on Mission

    United Nations New York, 2002

    ST/SGB/2002/9

    18 June 2002

     Secretary-General’s bulletin

     Regulations Governing the Status, Basic Rights and Duties

    of Officials other than Secretariat Officials, and Experts

    on Mission

     The Secretary-General promulgates the following Regulations Governing

    the Status, Basic Rights and Duties of Officials other than Secretariat Officials,

    and Experts on Mission (hereinafter “the Regulations”).

     Section 1

    General provisions

    1.1 By its resolution 56/280 of 27 March 2002, the General Assembly adopted

    the Regulations.

    1.2 The text of the Regulations is attached to the present bulletin.

     Section 2

    Final provision

     The present bulletin shall enter into force on 1 July 2002.

    (Signed) Kofi A. Annan

     Secretary-General

    iii

ST/SGB/2002/9

Contents

     Page

    I. Introduction ................................................................... 1

    II. Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat

    Officials, and Experts on Mission .................................................

     3

    III. Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat

    Officials, and Experts on Mission, with commentary ................................. 6 iv

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    ST/SGB/2002/9

     I. Introduction

    1. Article 105, paragraph 3, of the Charter of the United Nations empowers the

    General Assembly to make recommendations with a view to determining, inter alia,

    the privileges and immunities of officials of the Organization or to propose

    conventions to Member States for this purpose. The Assembly did so by adopting

    the Convention on the Privileges and Immunities of the United Nations1 on 13

    February 1946 (hereinafter called “the General Convention”).

    2. The United Nations has persons performing full-time services for it, at the direction of its legislative organs, who are not staff. For example, article 13 of the statute of the Joint Inspection Unit (approved by the General Assembly in its resolution 31/192 of 22 December 1976) provides that the Inspectors shall have the status of officials of the Organization but shall not be staff members. In addition, pursuant to article V, section 17, of the General Convention, the Secretary-General has specified and submitted to the Assembly proposals that a number of persons who occupy certain positions within the Organization be accorded privileges and immunities under articles V and VII of the General Convention, even though they are not staff members. Those persons are the presiding officers of United Nations organs performing functions for the Organization on a substantially full-time basis (for example, the Chairman of the Advisory Committee on Administrative and Budgetary Questions and the Chairman and Vice-Chairman of the International Civil Service Commission). Those officials are not in a separate category under the General Convention, but their names are submitted by the Secretary-General to the host country together with those of Secretariat officials who are staff members. These persons have been consistently referred to by the General Assembly as “officials other than Secretariat officials”.

    3. Experts on mission may be retained by way of a contract known as a consultant contract, which sets out the terms of their appointment and the tasks that they must discharge. Other individuals may have the status of experts on mission, even though they do not sign a consultant contract, if they are designated by United Nations organs to carry out missions or functions for the United Nations (for example, rapporteurs of the Commission on Human Rights, rapporteurs and members of its Subcommission on the Promotion and Protection of Human Rights and members of the International Law Commission).

    4. Article VI of the General Convention provides that experts (other than officials coming within the scope of article V) shall be accorded privileges and immunities necessary to enable them to carry out their missions for the United Nations and specifies a number of those privileges and immunities. Article VII, section 26, of the General Convention provides that facilities similar to those specified in section 25 (concerning applications for visas and facilities for speedy travel) shall be accorded to experts and other persons who are travelling on the business of the United Nations.

    5. The Regulations contained in the present bulletin will apply to officials other than Secretariat officials, and to experts on mission. The Regulations are in most parts very general since they must apply to all officials other than Secretariat officials, and experts on mission. However, the application of the Regulations and the commentary to officials other than Secretariat officials, and to experts on mission who perform functions in respect of the United Nations and other

     1 __________________

    1 United Nations, Treaty Series, vol. I, No. 4, p. 15.

    ST/SGB/2002/9

    organizations in the common system in accordance with their mandates (e.g., the Chairman and Vice-Chairman of the International Civil Service Commission and the Inspectors of the Joint Inspection Unit), is explained in various provisions of the Regulations and the commentary (see, e.g., regulation 1 (f), paragraph 3 of the commentary to regulation 1 (a) and the commentary to Regulation 1 (b)). The

    Regulations contained in the present bulletin will form part of the contract of employment or terms of appointment of any individual, including officials other than Secretariat officials, and experts on mission, who are appointed through

    Assembly action or through the actions of other representative bodies.

     Role of the commentary

    6. Each provision of the Regulations set out in the present bulletin is followed by a commentary. The commentary is designed to explain those provisions and will thus be of help to those persons subject to the Regulations. The commentary is not part of the Regulations adopted by the Assembly, and so is not a legal norm; nor does it have the legal force of a rule. It is, however, an official guide published by the Secretary-General on the scope and application of the Regulations. The commentary will be updated from time to time in the light of experience gained in applying the Regulations to specific instances.

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    ST/SGB/2002/9

     II. Regulations Governing the Status, Basic Rights and Duties

    of Officials other than Secretariat Officials, and Experts on Mission

     Regulation 1

    Status

     (a) The responsibilities of officials other than Secretariat officials (hereinafter referred to as “officials”) and of experts on mission are not national but exclusively international.

     (b) Officials and experts on mission shall make the following written declaration witnessed by the Secretary-General or an authorized representative:

     “I solemnly declare and promise to exercise in all loyalty, discretion and

    conscience the functions entrusted to me by the United Nations, to discharge

    these functions and regulate my conduct with the interests of the United

    Nations only in view, and not to seek or accept instructions in regard to the

    performance of my duties from any Government or other source external to the

    Organization.”

     (c) The Secretary-General shall seek to ensure that the rights and duties of officials and of experts on mission, as set out in the General Convention, are respected. The Secretary-General shall also seek to ensure, having regard to the circumstances, that all necessary safety and security arrangements are made for officials and experts on mission carrying out the responsibilities entrusted to them.

     (d) Experts on mission will receive a copy of the present Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission (hereinafter referred to as “the Regulations”) when they receive documentation from the United Nations relating to their mission and will be required to acknowledge receipt of the Regulations. Officials will receive a copy of the Regulations at an appropriate opportunity.

     (e) The privileges and immunities enjoyed by the United Nations by virtue of Article 105 of its Charter are conferred in the interests of the Organization. These privileges and immunities furnish no excuse to those who are covered by them to fail to observe the laws and police regulations of the State in which they are located; nor do they furnish an excuse for non-performance of their private obligations. In any case where an issue arises regarding the application of these privileges and immunities, an official or an expert on mission shall immediately report the matter to the Secretary-General, who alone may decide whether such privileges and immunities exist and whether they shall be waived, in accordance with the relevant instruments. The Secretary-General should inform and may take into account the views of the legislative bodies that appointed the officials or experts on mission.

     (f) These regulations are applicable to the Chairman and Vice-Chairman of the International Civil Service Commission and the Inspectors of the Joint Inspection Unit, without prejudice to and in accordance with the statutes of the International Civil Service Commission and the Joint Inspection Unit, which stipulate that these officials perform their functions in respect of the United Nations and other organizations that accept their statutes.

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    ST/SGB/2002/9

     Regulation 2

    Conduct

     (a) Officials and experts on mission shall uphold the highest standards of efficiency, competence and integrity. The concept of integrity includes, but is not limited to, probity, impartiality, fairness, honesty and truthfulness in all matters affecting their work and status.

     (b) In the performance of their duties, officials and experts on mission shall neither seek nor accept instructions from any Government or from any other source external to the Organization.

     (c) Officials and experts on mission shall discharge their functions and regulate their conduct with the interests of the Organization only in view. Loyalty to the aims, principles and purposes of the United Nations, as set forth in its Charter, is a fundamental obligation of all individuals covered by the present Regulations.

     (d) While the personal views and convictions of officials and experts on mission, including their political and religious convictions, remain inviolable, they shall ensure that those views and convictions do not adversely affect their official duties or the interests of the United Nations. Officials and experts on mission shall conduct themselves at all times in a manner befitting their status. They shall not engage in any activity that is incompatible with the proper discharge of their duties with the United Nations. They shall avoid any action and, in particular, any kind of public pronouncement that may adversely reflect on their status, or on the integrity, independence and impartiality that are required by that status.

     (e) Officials and experts on mission shall not use their office or knowledge gained from their official functions for private gain, financial or otherwise, or for the gain of any third party, including family, friends and those they favour. Nor shall they use their office for personal reasons to prejudice the positions of those they do not favour.

     (f) Officials and experts on mission shall exercise the utmost discretion in regard to all matters of official business. Officials and experts on mission shall not communicate to any Government, entity, person or any other source any information known to them by reason of their official position that they know or ought to have known has not been made public, except as appropriate in the normal course of their duties or by authorization of the Secretary-General. If they are not appointed by the Secretary-General, such authorization shall be conferred by the body that appointed them. These obligations do not cease upon the cessation of their official functions.

     (g) Officials and experts on mission may not accept any honour, decoration, favour, gift or remuneration from any Government or non-governmental source for activities carried out during the course of their official functions while in the service of the United Nations.

     (h) Officials and experts on mission shall not be actively associated with the management of, or hold a financial interest in, any profit-making, business or other concern, if it were possible for them or the profit-making, business or other concern to benefit from such association or financial interest by reason of their position with the United Nations. Officials or experts on mission who are in such a situation shall either dispose of that financial interest or formally excuse themselves from participating with regard to any involvement in that matter that has given rise to the conflict-of-interest situation.

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    ST/SGB/2002/9

     (i) Officials and experts on mission shall file financial disclosure statements if requested to do so by the Secretary-General. The Secretary-General shall prescribe the format and information to be provided in such statements and shall establish procedures for filing them. The financial disclosure statements will remain confidential and will be used, as prescribed by the Secretary-General, only in making determinations pursuant to regulation 2 (h). It will be for the Secretary-General, in due consultation with the appointing authority in the case of officials not appointed by the Secretary-General, to judge whether a particular fact has given rise to a conflict-of-interest situation.

     (j) Officials and experts on mission must comply with local laws and honour their private legal obligations, including, but not limited to, the obligation to honour orders of competent courts.

     (k) Any form of discrimination or harassment, including sexual or gender harassment, as well as physical or verbal abuse, at the workplace or in connection with work, is prohibited.

     (l) Officials and experts on mission shall not intentionally misrepresent their functions, official title or the nature of their duties to Member States or to any entities or persons external to the United Nations.

     (m) Officials and experts on mission participating, as part of their official functions, in activities organized by a Government, intergovernmental organization, non-governmental organization or other private source may receive from the Government, intergovernmental organization, non-governmental organization or private source accommodation and travel and subsistence allowance generally in line with those payable by the United Nations. In such cases, the travel and subsistence allowance that may otherwise be payable by the United Nations shall be reduced in the same manner as in respect of staff members of the Organization.

     Regulation 3

    Accountability

     Officials and experts on mission are accountable to the United Nations for the proper discharge of their functions.

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    ST/SGB/2002/9

     III. Regulations Governing the Status, Basic Rights and Duties

    of Officials other than Secretariat Officials, and Experts on

    Mission, with commentary

     Regulation 1

    Status

     Regulation 1 (a)

     The responsibilities of officials other than Secretariat officials (hereinafter

    referred to as “officials”) and of experts on mission are not national but

    exclusively international.

     Commentary

    1. The United Nations has persons who perform services for it on a substantially

    full-time basis but who are not staff members. These persons have consistently been

    referred to by the General Assembly as “officials other than Secretariat officials”.

    In addition, pursuant to article V, section 17, of the General Convention, the

    Secretary-General has specified and submitted to the Assembly proposals that a

    number of persons who occupy certain positions within the Organization be

    accorded the privileges and immunities under articles V and VII of the General

    Convention, even though they are not staff members. These persons have also been

    referred to as “officials other than Secretariat officials”.

    2. The United Nations also has experts who perform assignments for the

    Organization. Article VI of the General Convention provides that experts (other

    than officials coming within the scope of article V) shall be accorded privileges and

    immunities necessary to enable them to carry out their missions for the United

    Nations and specifies a number of those privileges and immunities. These experts

    have been referred to as “experts on mission”.

    3. The Regulations and the commentary, as applied to the Chairman and the

    Vice-Chairman of the International Civil Service Commission, the Inspectors of the

    Joint Inspection Unit and other officials and experts who perform functions in

    respect of the common system, in accordance with the statute of the International

    Civil Service Commission or that of the Joint Inspection Unit, respectively, or other

    mandates approved by the General Assembly or other relevant main bodies and

    organs of the United Nations, should be construed in the light of those functions and

    mandates. References to the United Nations or the United Nations Organization in

    the context of these Regulations and the commentary should be applied, bearing in

    mind that the functions of those officials and experts are related to the common

    system.

    4. Regulation 1 (a) is similar to the second sentence of staff regulation 1.1 (a).

    2

    * * *

    __________________ 6 2 Hereinafter, references to staff regulations and rules denote the provisions contained in article I of the Staff Regulations and chapter I of the 100 series of the Staff Rules that came into effect on 1 January 1999, pursuant to General Assembly resolution 52/252.

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