He went on to recognize the work of the United Nations Dispute Tribunal, observing that the number of new cases has stabilized compared to the previous year. However, he also highlighted the significant reduction in applications disposed of in , while the number of applications pending increased. Nevertheless, he asked whether the transformation of temporary posts into permanent ones could prove inconvenient in case the number of applications received continues to decrease in the future.
In that context, he stated that he favours a differentiated system providing an adequate, effective and appropriate remedy. It enables staff to perform to the best of their abilities and ensures that the Organization upholds its ideals.
The principles of justice and the rule of law are at the core of the United Nations system. It is critical that these principles are reflected in the United Nations internal system of administering justice. He strongly supported the recommendation by the Internal Justice Council that the Secretary-General further strengthen the capacity of the Organization to investigate claims of sexual harassment and to implement fair and efficient procedures to address complaints. Voicing concern over the issue of access of non-staff personnel to grievance resolution mechanisms within the Organization, he thanked the Secretary-General for providing a comprehensive analysis of the remedies available to non-staff personnel and for the initiative of a pilot project offering them access to the informal dispute resolution services as part of the mandate of the Office of the United Nations Ombudsman and Mediation Services.
This initiative will be a useful way of gathering more information about the number and types of grievances of non-staff personnel. He also noted that he expects these reforms to deliver strong and accountable leadership, including in financial and performance management.
In November of that year a new Administrative Instruction came into effect. However, he noted with concern that, as a protective measure when an official complaint of misconduct is filed — including sexual harassment — the official lodging the complaint can be reassigned or sent on paid leave. This could be seen as punishment for reporting misconduct. Rather, when an investigation is initiated, the official being investigated should be the one who is either sent on paid leave or reassigned.
He encouraged the Secretary-General to consider other protective measures that do not de facto punish the official reporting misconduct.
He also thanked the Secretary-General for the information provided on the remedies available for non-staff personnel and the proposal to start a pilot project that would offer access to the informal dispute resolution service.
However, this proposal falls short. There is no reason access to the system of the administration of justice should be withheld from non-staff members. Effective protection against retaliation is an indispensable attribute of a fair and effective internal justice system.
Those efforts have been informed by incorporating lessons learned and best practices in both public and private organizations. The Secretary-General issued a revised policy on protection against retaliation in November and that policy continues to be reviewed and improved. While the information provided by the Secretary-General on the remedies available to non-staff personnel in work-related disputes is welcomed, it is just the first step.
Access to an informal dispute resolution mechanism is not sufficient to ensure a fair and effective internal justice system for all categories of personnel in the Organization. Such a system will ensure fair treatment in matters arising from disputes between staff members and administration of the United Nations. However, she noted the potential legal implications and long-term impacts of continuing the ad hoc arrangement as presented in the report.
With respect to efficiency, she noted her concern about the significant drop in productivity; the Dispute Tribunal issued its lowest number of judgments since the establishment of the system. Regarding accessibility for non-staff, she welcomed the recommendation of the pilot programme, which would regularize access to the informal system that non-staff already enjoy within existing resources.
The root causes of labour disputes, including existing contradictions in policies or structures within the Organization, should also be acknowledged. Beyond the distinction of staff and non-staff, it is important to note that the work of both is vital for the execution of the mandate of the United Nations.
However, she underscored that there are notable differences in the means of defence for staff and non-staff categories. It is necessary to make adjustments to ensure access to justice for non-staff personnel who are generally hired as consultants or contractors, she said, and she welcomed the implementation of the pilot programme as the first stage to find a permanent solution to this issue. Skip to main content. Welcome to the United Nations. United Nations.
General Assembly Sixth Committee. Reasonable conditions of service of prosecutors, adequate remuneration and, where applicable, tenure, pension and age of retirement shall be set out by law or published rules or regulations.
Promotion of prosecutors, wherever such a system exists, shall be based on objective factors, in particular professional qualifications, ability, integrity and experience, and decided upon in accordance with fair and impartial procedures. Prosecutors like other citizens are entitled to freedom of expression, belief, association and assembly.
In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional disadvantage by reason of their lawful action or their membership in a lawful organization.
In exercising these rights, prosecutors shall always conduct themselves in accordance with the law and the recognized standards and ethics of their profession.
Prosecutors shall be free to form and join professional associations or other organizations to represent their interests, to promote their professional training and to protect their status. Prosecutors shall perform an active role in criminal proceedings, including institution of prosecution and, where authorized by law or consistent with local practice, in the investigation of crime, supervision over the legality of these investigations, supervision of the execution of court decisions and the exercise of other functions as representatives of the public interest.
Prosecutors shall, in accordance with the law, perform their duties fairly, consistently and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system.
Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay proceedings, when an impartial investigation shows the charge to be unfounded. Prosecutors shall give due attention to the prosecution of crimes committed by public officials, particularly corruption, abuse of power, grave violations of human rights and other crimes recognized by international law and, where authorized by law or consistent with local practice, the investigation of such offences.
When prosecutors come into possession of evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect's human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice.
In countries where prosecutors are vested with discretionary functions, the law or published rules or regulations shall provide guidelines to enhance fairness and consistency of approach in taking decisions in the prosecution process, including institution or waiver of prosecution.
In accordance with national law, prosecutors shall give due consideration to waiving prosecution, discontinuing proceedings conditionally or unconditionally, or diverting criminal cases from the formal justice system, with full respect for the rights of suspect s and the victim s.
For this purpose, States should fully explore the possibility of adopting diversion schemes not only to alleviate excessive court loads, but also to avoid the stigmatization of pre-trial detention, indictment and conviction, as well as the possible adverse effects of imprisonment.
In countries where prosecutors are vested with discretionary functions as to the decision whether or not to prosecute a juvenile, special consideration shall be given to the nature and gravity of the offence, protection of society and the personality and background of the juvenile.
Victims should also be proactively notified of any changes to conditions placed on an accused or sentenced person. There was a strong sense of feeling that the system lacked the flexibility and consistency to address victim safety. In cases of domestic violence, we heard that often victims felt the justice system was unpredictable and inconsistent. On the flip side, when women did not want the offender to go to jail, courts were actively pursuing the offender for breaches of contact.
Victims have no one to represent their particular interests. Ensure that victims are informed of conditions placed on an accused or sentenced person, and if and when conditions are modified. Make it mandatory that victims be informed of all breaches of release conditions meant to address their safety and security. Provide funding for public education and training around protection orders and breaches, including education on the coordination between civil and criminal orders, how to obtain and serve ex parte protection orders, and education on the process to obtain emergency protection orders on reserves.
Give victims the ability to apply to the court and parole board for changes to conditions necessary to ensure their safety and security.
Enable police to bring those breaching bail conditions or probation orders directly back to court to determine why the breach occurred. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference. Professional associations of lawyers shall cooperate with Governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics.
Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms.
Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice. Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review.
All disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles. The core international human rights instruments. Universal human rights instruments. The International Bill of Human Rights. Turn on more accessible mode. Turn off more accessible mode. Access to lawyers and legal services 1.
Special safeguards in criminal justice matters 5. Qualifications and training 9.
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