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GB.271/PFA/11/1
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Programme, Financial and Administrative Committee |
PFA |
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ELEVENTH ITEM ON THE AGENDA
Matters relating to the ILO Administrative Tribunal
Recognition of the Tribunal's jurisdiction
by two intergovernmental organizations
1. Under its Statute the Administrative Tribunal of the ILO is competent to hear complaints against intergovernmental organizations which recognize its jurisdiction and Rules of Procedure and have been approved by the Governing Body. The relevant provisions of the Statute (article II, paragraph 5 and the annex) appear in Appendix I.
2. Since the Governing Body in November 1997 approved the recognition of the Tribunal's jurisdiction by three international organizations, the Director-General has received declarations by the following two international organizations recognizing that jurisdiction.
1. International Hydrographic Organization (IHO)
3. By a letter dated 23 January 1998 (see Appendix II), Mr. Giuseppe Angrisano, President of the Directing Committee of the International Hydrographic Bureau (IHB), informed the Director-General that, in accordance with its constitutional procedures, the IHO had decided to recognize the jurisdiction of the Administrative Tribunal of the International Labour Organization.
4. The IHO was originally established at the London International Hydrographic Conference in June 1919 and began its activities in 1921. The Convention establishing it as an intergovernmental organization, however, was adopted in Monaco in May 1967 and entered into force in September 1970. The Organization, which is of a consultative and purely technical nature, focuses its work on the safety of navigation and the protection of the marine environment. Among its aims are the coordination of the activities of national hydrographic offices, the greatest possible uniformity in nautical charts and documents, the adoption of reliable and efficient methods of carrying out and exploiting hydrographic surveys, and the development of the sciences in the field of hydrography and the techniques employed in descriptive oceanography. The IHO's principal organs are the International Hydrographic Conference, which is composed of representatives of the member Governments and meets every five years, and the International Hydrographic Bureau, which serves as the permanent secretariat of the Organization and is composed of a three-member Directing Committee and the technical and administrative staff. The IHO's membership comprises at present 63 States, and its secretariat employs at present 21 officials including the three Directors. Under its constituent instrument, the Organization enjoys in the territory of its member States legal capacity and the privileges and immunities necessary for the exercise of its functions. Moreover, the Organization concluded on 10 August 1978 a Headquarters Agreement with the Government of H.S.H. the Prince of Monaco recognizing its legal personality and granting to it and its staff the privileges and immunities normally accorded to intergovernmental organizations.
2. Energy Charter Conference (ECC)
5. By letter dated 1 August 1997 (see Appendix III), Mr. Peter Schütterle, Secretary-General of the Energy Charter Secretariat (ECS), informed the Director-General that the Provisional Energy Charter Conference at its seventh meeting, held in Brussels on 8 July 1997, had resolved to recognize the jurisdiction of the Administrative Tribunal of the International Labour Organization.
6. The ECC was established by the Energy Charter Treaty, which was adopted in Lisbon on 17 December 1994 but has not as yet entered into force. The main function of the ECC is to keep under review and facilitate the implementation of the principles of the European Energy Charter adopted at The Hague in 1991 with a view to promoting long-term cooperation in the energy field based on complementarities and mutual benefits. The ECC's sole organ is the Energy Charter Secretariat, which is based in Brussels and administered by a Secretary-General. The Energy Charter Treaty has so far been signed on behalf of 49 States; the Energy Charter Secretariat for its provisional functions employs at present 26 officials. On 26 October 1995, the ECC concluded a Headquarters Agreement with the Kingdom of Belgium recognizing its legal personality and granting to the ECC and its staff the privileges and immunities normally accorded to intergovernmental organizations. The ratification process of this Agreement by the Belgian Parliament is now pending.
7. Until its constituent instrument enters into force, the ECC cannot formally qualify as an intergovernmental organization, and may not therefore recognize the jurisdiction of the Tribunal in accordance with article II, paragraph 5, of its Statute. However, following the deposit of the 30th instrument of ratification on 16 January 1998, it has now become clear that the Energy Charter Treaty will enter into force on 16 April 1998. Furthermore, the Energy Charter Conference at its next meeting on 23-24 April is expected to confirm all the decisions of the Provisional Energy Charter Conference, including that referring to the recognition of the jurisdiction of the Tribunal. Under these circumstances, the Governing Body may wish to give its approval in principle while delegating the authority to its Officers to formally approve the ECC's declaration of recognition of the jurisdiction of the Tribunal as soon as the Energy Charter Treaty enters into force and the relevant decisions of the Provisional Charter Conference are confirmed by the Energy Charter Conference itself.
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8. The Tribunal's jurisdiction under article II, paragraph 5, of its Statute already extends to 34 organizations other than the ILO. The recognition of the Tribunal's jurisdiction by other organizations entails no additional cost to the ILO, since the organizations against which complaints are filed are required by the Statute to bear the expenses of sessions and hearings and to pay any award of compensation made by the Tribunal. The other organizations also contribute in amounts proportionate to the number of their staff to much of the costs of the Tribunal's secretariat.
9. In the light of the above, the Committee may wish to recommend that the Governing Body --
- approve the recognition of the Tribunal's jurisdiction by the International Hydrographic Organization, with effect from 1 July 1998;
- authorize its Officers to approve the recognition of the Tribunal's jurisdiction by the Energy Charter Conference as soon as --
- the Energy Charter Treaty has entered into force; and
- the decisions of the Provisional Energy Charter Conference accepting the jurisdiction of the Administrative Tribunal and approving the Energy Charter Secretariat's Staff Regulations and Rules have been endorsed by the Energy Charter Conference.
Geneva, 17 February 1998.
Point for decision: Paragraph 9.
Excerpts from the Statute of the ILO Administrative Tribunal
Article II, paragraph 5
The Tribunal shall also be competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations of any other international organization approved by the Governing Body which has addressed to the Director-General a declaration recognizing, in accordance with its Constitution or internal administrative rules, the jurisdiction of the Tribunal for this purpose, as well as its Rules of Procedure.
Annex
The Statute of the Administrative Tribunal of the International Labour Organization applies in its entirety to those international intergovernmental organizations which, in accordance with their Constitution or internal administrative rules, recognize the jurisdiction of the Tribunal and formally declare that they adopt its Rules of Procedure in accordance with paragraph 5 of article II of the Statute, subject to the following provisions which, in cases affecting any one of these organizations, are applicable as follows:
Article VI, paragraph 2
The reason 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.
Communication from the International Hydrographic Bureau
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INTERNATIONAL HYDROGRAPHIC BUREAU |
BUREAU INTERNATIONAL HYDROGRAPHIQUE |
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IHB File No. S1/0417 |
Monaco, 23 January 1998 |
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To: |
The Director General
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Dear Sir,
In Circular Letter No. 30/1997, dated 21 July 1997, addressed by the International Hydrographic Bureau (IHB) to the member States of the International Hydrographic Organization (IHO), the latter were asked to vote on the recognition [of] the jurisdiction of the Administrative Tribunal of the International Labour Organization (ILO) in accordance with article II, paragraph 5, of the Statute of the Tribunal.
The required majority of IHO member States has responded to this Circular Letter and all, without exception, are in favour of the IHB making such a formal agreement with the ILO.
I therefore have the honour of informing you that the IHO recognizes the competence of the Tribunal in hearing complaints alleging non-observance, in substance or in form, of the terms of employment of IHB staff members1 and of the provision of the Staff Regulations and Rules that are applicable to them. The IHO also accepts the Statute of the Tribunal and its Rules of Procedure.
I should be grateful if you would submit the matter to the Governing Body of the International Labour Organization and invite it, in accordance with article II, paragraph 5, of the Statute, to approve IHO/IHB's declaration of recognition of the Tribunal's jurisdiction and acceptance of its Statute and Rules of Procedure with effect from 1 July 1998.
The relevant Chapter (XIII) of the IHB Staff Regulations is enclosed herewith. This will be included in the next edition of the publication.
Yours sincerely,
(Signed) Rear Admiral Giuseppe Angrisano,
President of the IHB Directing Committee.
Enclosure (1): Chapter XIII of the IHB Staff Regulations.
1 The IHB is the permanent secretariat of the IHO the seat of which is in Monaco. At present the IHB staff is composed of 21 persons including the three directors. The IHB is the permanent secretariat of the IHO the seat of which is in Monaco. At present the IHB staff is composed of 21 persons including the three directors.
Chapter XIII of the IHB Staff Regulations
XIII. Appeals
XIII.1 Individual complaints
Any staff member who has a specific complaint regarding his conditions of service may request that the Directing Committee hear his complaint. The Directing Committee will respond within a period of 30 days.
XIII.2 Appeals procedure
At the written request of the persons concerned, any grievance which has not been resolved by the Directing Committee may be submitted to a Joint Appeals Board. This Board, chaired by the Finance Committee Chairman, will consist of a director and an elected staff member belonging to the same category as the plaintiff. This written request shall be submitted within a period of 30 days of receipt of response from the Directing Committee.
In the event of a grievance still not being resolved, staff members serving or former, may appeal to the Administrative Tribunal of the ILO (International Labour Organization).
Appeals to the ILO Tribunal shall be submitted within 90 days of receipt of the response of the Joint Appeals Board.
Expenses occasioned by the sessions or hearings of the Administrative Tribunal of the ILO shall be borne in accordance with the Statute and the decisions of the Tribunal.
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XIII.3 |
ILO Tribunal jurisdiction (Statute of the Administrative Tribunal of the International Labour Organization, article II(5)) |
The Tribunal shall also be competent to hear complaints alleging non-observance, in substance or form, of the terms of appointment of officials and of provisions of the Staff Regulations of any other intergovernmental international organization approved by the Governing Body which has addressed to the Director-General a declaration recognizing, in accordance with its Constitution or internal administrative rules, the jurisdiction of the Tribunal for this purpose, as well as its Rules of Procedure.
Communication from the Energy Charter Secretariat
THE ENERGY CHARTER SECRETARIAT
The Secretary-General
1 August 1997
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To: |
Mr. Michel Hansenne
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Dear Mr. Hansenne,
Recognition of jurisdiction of the Administrative Tribunal
of the International Labour Organization
The Provisional Energy Charter Conference at its Seventh Meeting held in Brussels on 8 July 1997 authorized me to convey to you its recognition of the jurisdiction of the Administrative Tribunal of the International Labour Organization in accordance with article II, paragraph 5, of the Statute of the Tribunal in respect of officials of the Energy Charter Secretariat (ECS).
I thus have the honour to inform you that the Provisional Energy Charter Conference recognizes the competence of the Tribunal to hear complaints alleging non-observance, in substance or in form, of the terms of employment of ECS staff members and of the provisions of the Staff Regulations and Rules which are applicable to them. The Provisional Energy Charter Conference also accepts the Tribunal's Rules of Procedure.
I should be grateful if you could submit the matter to the Governing Body of the International Labour Organization and invite it, in accordance with article II, paragraph 5, of the Statute to approve the Provisional Energy Charter Conference's declaration of recognition of the Tribunal's jurisdiction and acceptance of the Tribunal's Rules of Procedure with effect from 1 December 1997.
The Provisional Energy Charter Conference has approved provision in the Staff Rules to provide for referral to the Administrative Tribunal. I attach a copy of the Staff Regulations and Staff Rules relating to the Energy Charter Secretariat.
Yours sincerely,
(Signed) Peter Schütterle.
Enclosures.