Jul 17 2012
International Labour Union Administrative Tribunal Judgments for the WHO
I feel very privileged to have obtain another firsthand UN international law experience by attending the 113th session of the International Labour Organization (ILO) Administrative Tribunal.
The ILO Tribunal is located at headquarters in Geneva, Switzerland. I was able to take a nice walk across the street to the building where the judgments were being read. The room was filled with lawyer, plaintiffs, and different UN organization representatives. It was a great experience since French and English are the languages of the UN organizations some of the judgments were read only in French and others in English. The damages awarded ranged from dismissal to reinstatement of employee, monetary damages, or even some for mental anguish damages. It was a great experience to see in person how the judgments are given and how the organizations react to hearing the judgment.
The body reviews complaints from serving and former officials of the International Labour Office of an international organization that recognizes its jurisdiction, like the WHO. The Tribunal permits international organizations approved by the ILO’s Governing Body that recognize the jurisdiction of the Tribunal to consider complaints alleging nonobservance, in substance or in form, of the terms of appointment of officials and the provision of the Staff Regulations of those organization.
The Tribunal is composed of seven judges who must be different nationalities who are appointed at the International Labour Conference on a recommendation of the Governing Body of the ILO for renewable period of three years. The tribunal meets twice a year for three weeks. In order for the case to be reviewed, it must have legal consequences and exhaustion of internal appeals and procedures. The Tribunal according to Article V has the right to decline a request for an oral hearing.
After the tribunal is over, you are able to pick up copies of all the judgments in French or English. It was interesting to listen and speak with the lawyers in the department about the different judgments and speculate on how it could affect the organizations in the future. Time will show how the ILO tribunal case law will influence the policies and procedures of the WHO.