Sixth Committee (Legal) — 77th session
United Nations common system (Agenda item 145)
- Authority: resolutions 3357 (XXIX), 75/245 B and 76/240
Documentation
- A/77/222 — Report of the Secretary-General "Review of the jurisdictional set-up of the United Nations common system"
Summary of work
Background (source: A/77/100/Add.1)
The General Assembly, by its resolution 3042 (XXVII), decided in principle to establish an international civil service commission for the regulation and coordination of the conditions of service of the United Nations common system. By its resolution 3357 (XXIX), the Assembly approved the statute of the International Civil Service Commission. The United Nations common system comprises 17 organizations that have accepted the Commission’s statute and, together with the United Nations itself and its funds and programmes, participate in the United Nations common system of salaries and allowances. Other organizations have not formally accepted the statute but fully participate in the Commission’s work or apply the common system of salaries, allowances and benefits. Under its statute, the Commission is required to submit an annual report to the Assembly, which is also to be transmitted to the governing organs of the other organizations of the common system, through their executive heads.
At its seventy-sixth session, the Assembly reaffirmed its role in approving conditions of service and entitlements for all staff serving in the organizations of the United Nations common system, bearing in mind articles 10 and 11 of the statute of the Commission, and stressed the independence and impartiality of the Commission in accordance with its statute. It further reaffirmed the authority of the Commission to continue to establish post adjustment multipliers for duty stations in the United Nations common system, under article 11 (c) of the statute of the Commission. With reference to the post adjustment system, the Assembly underlined the importance of the effective and efficient implementation of the new cost-of-living surveys to re-establish a unified common system and stressed the need for regular surveys with changes based firmly on reliable data, including verified external data, and in that regard requested that the Commission complete the current round of surveys as scheduled. Recalling paragraph 6 of its resolution 74/255 B, the Assembly expressed concern at the continued application of two concurrent post adjustment multipliers in the United Nations common system at the Geneva duty station, and in that regard urged the member organizations of the United Nations common system to cooperate fully with the Commission in line with its statute and to apply a single multiplier per duty station after the completion of the cost-of-living surveys in 2022 and requested that the Commission conduct a study on the feasibility and impact of establishing a separate post adjustment index and General Service salaries for Bern (resolution 76/240).
At the same session, recalling its resolution 75/245 B, the Assembly requested that the Secretary-General, upon consultation with the Commission, to review legal expertise available to the Commission and to report thereon at its seventy-seventh session. The Assembly indicated that it looked forward to receiving the review of the jurisdictional set-up of the common system at its seventy-seventh session, as requested in paragraph 8 of its resolution 74/255 B and in paragraphs 8 and 9 of its resolution 75/245 B, and invited the Sixth Committee to consider the legal aspects of the report to be submitted by the Secretary-General, without prejudice to the role of the Fifth Committee as the Main Committee entrusted with responsibilities for administrative and budgetary matters (resolution 76/240).
Also at the same session, recalling paragraph 57 of section III of its resolution 70/244 and underlining the importance for it to maintain a comprehensive oversight of the common system compensation package and consider its components in a holistic manner, the Assembly invited the Commission to undertake a comprehensive assessment and review of the compensation package for the United Nations common system on a five-year cycle, taking into due consideration the previously agreed objectives of the exercise, as well as the context both in Member States and the United Nations common system. In that regard, it requested that the Commission present for the consideration of the Assembly at its eighty-first session that comprehensive assessment and review of the compensation system, including a detailed analysis of its cost-effectiveness, attractiveness and impact on the workforce and proposals for updating parameters and comparators. The Assembly also requested that the Secretary-General provide to Member States, on an annual basis starting at the seventy-eighth session, comprehensive data on system-wide compensation costs for all staff categories, including all compensation package components, and in that regard acknowledged the importance of timely submission by the United Nations common system organizations to the Commission of necessary information in order to ensure that the decisions and recommendations of the Commission would be based on updated and reliable data. It further requested the Secretary-General, in his capacity as Chair of the United Nations Chief Executive Board for Coordination, to intensify his efforts in that regard. The Assembly requested that the Commission analyse the possibility of using external data for staff expenditure surveys and other pertinent items in the next round of cost-of-living surveys, taking stock of the relevant exercise in the 2022 round, and to report thereon to the Assembly at its seventy-eighth session, and that it conduct a pilot application of external data for salary surveys, taking into account the opinions of all the parties concerned (resolution 76/240).
Also at its seventy-sixth session, the Assembly noted the lack of formal guidelines for geographical distribution in 19 member organizations and the high average age of staff members in the United Nations common system and encouraged the Commission to identify good practices and provide advice to common system organizations on ways to promote geographical diversity and rejuvenation, noting the Commission’s request to establish clear indicators to track progress in that regard. The Assembly requested the Secretary-General, in his capacity as Chair of the United Nations System Chief Executives Board for Coordination, to review job classification practices across the United Nations common system and to propose recommendations for ensuring adherence to and consistent application of the classification standards of the Commission. It invited the Commission to include the issue of multilingualism of the workforce in its programme of work for 2022–2023 and noted that the Commission would consider the standards of accommodation for air travel and report thereon to the Assembly at its seventy-seventh session. It requested the Commission to review the scope and parameters of the non-family service allowance, in particular the eligibility of staff without dependants, and to report thereon to the Assembly at its seventy-eighth session (resolution 76/240).
Also at the same session, the Assembly approved, with effect from 1 January 2022, the revised unified base/floor salary scale and updated pay protection points for staff in the Professional and higher categories and requested the Commission to report to the Assembly at its seventy-seventh session on the impact of such revision on the expenditures on post resources for 2022, including separation payments, post adjustment payments and pension contributions from member organizations. With respect to the education grant, the Assembly decided, for implementation as from the academic year in progress on 1 January 2022, to maintain the reimbursement rates of the seven brackets and adjust the revised sliding reimbursement scale upward by 14 per cent on the basis of the scale approved by the Assembly in its resolution 70/244, and to increase the boarding lump sum to the amount of $5,300, and requested that the Commission consider providing a review of the education grant scheme, including detailed analysis of the methodology of the sliding reimbursement scale and the level of boarding lump sum. Regarding the payment of amount in lieu of settling-in grant at category E duty stations that are not designated as non-family, the Assembly recalled section III of its resolution 73/273 and decided to continue the pilot project of granting $15,000 on an annual basis for staff members who opt not to install eligible dependents in category E duty stations not designated as non-family, and to grant, on a pilot basis, $14,000 on an annual basis for eligible staff members in category D duty stations not designated as non-family until 31 December 2024, on the understanding that the payment would be granted only to the eligible staff members when they physically reported to their normal duty stations. The Assembly requested that the Commission submit to the Assembly at its seventy-ninth session a recommendation on this payment, based on a thorough review of the impact thereof, including on workforce planning, in different categories of duty stations, including non‑family duty stations, and the actual cost to the organizations (resolution 76/240).
Consideration at the seventy-seventh session
At the 3rd plenary meeting, on 16 September 2022, the General Assembly, on the recommendation of the General Committee, referred the agenda item to both the Fifth and the Sixth Committees.
Consideration of the item in the Sixth Committee
The Sixth Committee considered the item at its 11th and 32nd meetings (see A/C.6/77/SR.11 and 32), on 11 October and 3 November 2022. The Sixth Committee considered the legal aspects of the report of the Secretary-General entitled "Review of the jurisdictional set-up of the United Nations common system" (A/77/222). No statements were made by delegations.
During the informal consultation held on 12 October, the representative of the Department of Management Strategy, Planning and Compliance made a presentation and provided answers and clarifications to delegations.
During the informal consultations held on 12 and 17 October, delegations exchanged views, on a preliminary basis, on the legal aspects of the report of the Secretary-General (A/77/222) and the specific proposals contained therein.
Archived videos and summaries of plenary meetings
11th meeting (11 October 2022, 10:00am – 1:00pm) | Summary
32nd meeting (3 November 2022, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 32nd meeting on 3 November 2022, the Committee received a report on the results of the informal consultations and authorized its Chair to send a letter to the President of the General Assembly with a request that it be brought to the attention of the Chair of the Fifth Committee and circulated as a document of the General Assembly. The letter was circulated as an annex to the document A/C.5/77/16.
In the letter, delegations underlined the importance of preserving the cohesion and consistency of a single, unified United Nations common system as the cornerstone for the regulation and coordination of the conditions of service. It was noted that the divergence in the jurisprudence of the two tribunal systems could undermine the cohesion of the United Nations common system and that a meaningful long-term solution was warranted.
Delegations further took note of proposals 1 and 2 to facilitate the International Civil Service Commission submissions to the tribunals and to further the ICSC guidance following relevant tribunal judgments, as contained in the report of the Secretary-General (A/77/222).
Delegations also took note of proposal 3 to establish a joint chamber of the International Labour Organization Administrative Tribunal and the United Nations Appeals Tribunal. Some delegations expressed preliminary reservations, notably owing to the complexity of and the outstanding issues, both in legal and financial terms, related to the proposal. The need for the Secretary-General to carry out further work on the outstanding legal and practical issues in close collaboration with the International Labour Organisation and other stakeholders, as well as the need for exploration of additional steps or proposals, were stressed.
Consideration of the item in the Fifth Committee
For information on the action taken by the Fifth Committee on the item, please see the relevant Report of the Fifth Committee (A/77/671) and/or consult the Fifth Committee website.
