| GB.268/PFA/12
268th Session Geneva, March 1997 |
| Programme, Financial and Administrative Committee | PFA |
TWELFTH ITEM ON THE AGENDA
Matters relating to the Administrative Tribunal
of the ILO
Composition of the Tribunal
1. Article III, paragraph 2, of the Statutes of the ILO Administrative Tribunal states: "the judges shall be appointed for a period of three years by the Conference". The Tribunal currently has the following composition:
Judges:
Sir William Douglas (Barbados), President: term of office of expires in June 1997;
Mr. Michel Gentot (France), Vice-President: term of office of expires in July 1998;
Mr. Julio Barberis (Argentina): term of office expires in July 1998;
Ms. Mella Carroll (Ireland): term of office expires in July 1999;
Mr. Jean-François Egli (Switzerland): term of office expires in July 1998;
Mr. Mark Fernando (Sri Lanka): term of office expires in July 1998;
Mr. Edilbert Razafindralambo (Madagascar): term of office expires in June 1997.
2. Sir William Douglas and Mr. Edilbert Razafindralambo (both born in 1921) have served the Tribunal from 1982 up to the age-limit which judges have customarily set for themselves, and have contributed during these many years to the important development of international civil service law. Sir William Douglas has held the presidency with considerable distinction since 1994, after acting as Vice-President since 1992.
3. The Committee will no doubt wish to recommend to the Governing Body, and through it, to the Conference, that they convey to Sir William Douglas and Mr. Edilbert Razafindralambo their profound appreciation of the services which they have diligently and consistently rendered for 15 years to the international community.
4. Following the departure of Sir William Douglas and Mr. Razafindralambo, the posts of two judges will fall vacant. In accordance with current practice whereby members of the Tribunal are appointed from amongst persons holding or who have held high judicial office, with account being taken of the need for an overall equilibrium at linguistic level, and in terms of different systems of law and geographical representation, the Director-General, after consultation with the Officers of the Governing Body, proposes the following appointments:
- Mr. Seydou Ba (Senegal, born in 1939) was until recently First President of the Court of Cassation of the Republic of Senegal, after having risen through the various ranks of the judicial hierarchy in his country. He has also held the functions of President of the National Commission for the Harmonization of Business Law in French-speaking Africa and was recently appointed President of the Common Court of Justice and Arbitration of the Organization for the Harmonization of Business Law in Africa.
- Mr. James K. Hugessen (Canada, born in 1933) is currently judge of the Court of Appeal, Federal Court of Canada, in Ottawa; judge of the Court Martial Appeal Court of Canada; and deputy justice of the Supreme Court of the North-West Territories. Previously, he acted in particular as member and later President of the Comité du droit de la preuve de l'Office de révision du Code civil de la province de Québec; Director and then Vice-President of the Canadian Institute for the Administration of Justice; Chairman of the Seminar Committee of the Canadian Judicial Council (continuing education programmes for members of the Canadian federal judiciary).
5. The Committee is accordingly invited to recommend to the Governing Body that it submit to the International Labour Conference, for adoption at its forthcoming session, the following resolution:
The General Conference of the International Labour Organization,
Expressing its profound appreciation to Sir William Douglas and Mr. Edilbert Razafindralambo of the services which they have diligently and consistently rendered for 15 years to the international community;
Decides, in accordance with Article III of the Statute of the Administrative Tribunal of the International Labour Organization, to appoint as judges of the Administrative Tribunal for a term of three years with effect from 1 July 1997 and, for the sake of uniformity,(1) until 31 July 2000:
- Mr. Seydou Ba (Senegal);
- Mr. James K. Hugessen (Canada).
Geneva, 19 March 1997.
Points for decision:
Paragraph 3;
Paragraph 5.