UNITED NATIONS ICSC ADVANCE International Civil Service Commission Distr. RESTRICTED ICSC/62/R.3 17 January 2006 ORIGINAL: ENGLISH Sixty-second session Vienna, 13-31 March 2006 Item 5 of the provisional agenda* Review of the pay and benefits system Staffing of field missions: review of conversion of contractual instruments Note by the secretariat of the International Civil Service Commission Contents Paragraphs I. Introduction ………………………………………………………………….. 1- 7 II. Current system of staffing in peacekeeping missions in the United Nations ………………………………………………………………. 8 - 37 A. Staffing in peacekeeping missions ………………………………….. 8- 9 B. Historical overview of Appointments of Limited Duration (ALDs) …………………………………………………….. 10 - 14 C. Conditions of service of staff in peacekeeping missions …………. 15 - 21 D. Conversion of mission staff from the 300 to the 100 series and related policy issues ……………………………………............. 22 - 37 _________________ * ICSC/62/R.1. Page ICSC/62/R.3 English Page 2 Paragraphs III. IV. Review the contractual instruments [conditions of service] available for the employment of common system staff in the field ……………………….. A. Entitlement systems for internationally-recruited staff serving at non-family duty stations in the common system …………………….. 38 - 46 B. Recent developments in harmonizing practices relating to the entitlements of staff serving at non-family duty stations …………… 47 - 48 Desirability and feasibility of harmonizing conditions of service in the field ………………………………………………………………………. 49 - 56 A. Views on the conditions of service in the field, including at non-family duty stations …………………………………………….. 49 - 55 Estimated financial implications of the proposed Special Operations Approach (SOA) model ………………………………… 56 Action of the Commission …………………………………………………… 57 B. V. 38 - 48 Page ICSC/62/R.3 English Page 3 Paragraphs Annexes I. Principles and guidelines for employment of appointments of limited duration ……………………………………………………………………….. II. Comparison of compensation packages: international staff under 100 and 300 series in the peacekeeping field missions………………………………… Page ICSC/62/R.3 English Page 4 I. Introduction 1. The United Nations Secretary-General presented a comprehensive report on the staffing of field missions, including the use of 300 and 100 series appointment 1/ to the General Assembly at its fifty-ninth session. Pursuant to General Assembly resolution 58/296 of 18 June 2004, the purpose of the report was to advise the General Assembly on the use of 300 series contracts for personnel serving in the United Nations peacekeeping missions and to seek the endorsement of the General Assembly to use the 100 series o f the Staff Rules for the appointment of staff in field missions for periods of six months or longer, for functions for which there is a continuing requirement. At the same time, the Assembly was informed that the use of Appointments of Limited Duration (ALD) would be limited to the originally intended purpose, that is, for time-limited activities such as technical assessments, short-term assistance or special projects, and that it was proposed to reappoint all international staff serving in peacekeeping missions with appointments of limited duration (300 series) under the 100 series. 2. During the discussions of the above report the General Assembly decided to ascertain the views of the International Civil Service Commission (ICSC) on the matter. 2/ The Assembly, in its resolution 59/266 of 23 December 2004 on human resources management, subsequently requested ICSC, as a matter of high priority, to review the contractual instruments available for the employment of common system staff in the field, including the practice of conversion to the 100 series from other contractual arrangements, and requested the Commission to present an analysis to the General Assembly at its sixty first session of the desirability and feasibility of harmonizing conditions of serv ice in the field, including at non-family duty stations, and to provide full details of the financial implications. 3. The present report is submitted in response to General Assembly resolution 59/266. The major information sources for the preparation of this document are: (a) A/59/291: Comprehensive report on the staffing of field mission including the use of 300 and 100 series appointments; (b) ICSC/60/CRP.5 and ICSC/61/R.16: Entitlements of internationally recruited staff serving in non-family duty stations prepared by the organizations; and (c) Staff Administrative instructions of the United Nations Secretariat. In preparing this report, it had been envisaged that information on staffing trends and staffing patterns related to contract types, gender and nationality would have been used to facilitate analysis and understanding of the implications of converting staff in peacekeeping missions from the 300 to 100 series. A comprehensive analysis was not ICSC/62/R.3 English Page 5 possible as data required was not received from the Department of Peacekeeping Operations (DPKO). 4. Section II of the report describes the current system of staffing in the peacekeeping missions together with an historical overview of ALDs which is the primary contractual instrument for peacekeeping staff. 3/ This section also provides information on the practice of conversion of mission staff from the 300 series to the 100 series and briefly touches on related considerations such as current developments in the area of contractual arrangements in the organizations of the United Nations common system, the impact on geographical distribution, gender balance and merit-based, transparent and open selection procedures. It should be noted that while other organizations in the United Nations common system utilize ALDs as contractual instrument in accordance with their own Staff Rules and Regulations, this section is limited to the use of ALDs under the 300 series in the United Nations peacekeeping missions. 5. Section III of the report presents a detailed description of existing entitlement systems for internationally-recruited staff serving in non-family duty stations of the common system and provides information on efforts undertaken by the organizations to harmonize practices across the common system. 6. Section IV of the report provides views of the organizations on the desirability and feasibility of harmonizing conditions of service in the field, including at non-family duty stations together with the financial implications of the proposed change in special operations approach for field staff in the common system, as presented by the organizations. 7. The information included in sections III and IV are taken from the documents presented to the Commission at its sixtieth 4/ and sixty-first session 5/ in 2005, by a working group of the Human Resources Network, on the practices of common system organizations relating to the entitlements of staff serving in non-family duty stations and on their ongoing efforts to harmonize the entitlements where operational requirements permit. II. Current system of staffing in peacekeeping missions in the United Nations A. Staffing in peacekeeping missions 8. DPKO directs and supports peacekeeping missions across the globe. Staff are recruited for these missions under a variety of arrangements. Basic data was obtained from document A/59/291 and is presented in this report to provide an overview of staffing profiles in the United Nations peacekeeping missions. As at 30 June 2004, DPKO employed 11, 606 staff for peacekeeping missions, of which 3,921 (i.e., 34 per cent) were ICSC/62/R.3 English Page 6 internationally recruited; 7,685 were locally recruited staff, 4,547 of whom held ALDs and 3,138 were under 100 series, as illustrated in figure 1. Of these 3,921 international staff, 1,535 (39.1 per cent) were engaged under 300 series ALDs; 1,500 (38.3 per cent) were employed on 100 series fixed-term appointments limited to service with a specific mission; 336 (8.6 per cent) were Field Service Officers; and the remaining 550 (14.0 per cent) were on assignment from Headquarters and other offices as shown in figure 2. Further analysis by category, grade, nationality, gender and other related information, was not possible due to the unavailability of required data from DPKO. Figure 1: Staff distribution in peacekeeping missions as at 30 June 2004 550 5% International staff 300 series ALDs 336 3% 4547 39% 1500 13% 7685 66% 3138 27% 1535 13% International staff 100 series fixed-term limited to service with a specific mission International staff Field Service Officers International staff 100 series on assignment or detail Local staff 300 series ALDs Local staff 100 series ICSC/62/R.3 English Page 7 Figure 2: International staff in peacekeeping missions as at 30 June 2004 550 14% 336 9% International staff 300 series ALDs 1535 39% International staff 100 series fixed-term limited to service with a specific mission International staff Field Service Officers International staff 100 series on assignment or detail 1500 38% 9. The practice in the United Nations has been to recruit all staff for special missions on ALDs under 300 series Staff Rules, initially for a period of six months. Extensions of these appointments are usually limited to six months and subject to the mission’s mandate. Subsequently, ALDs may be extended for a continuous period not exceeding three years, subject to renewal, exceptionally, for a final period of one year, which may not be extended. After completion of four years, the minimum break in service before an individual becomes eligible for a new ALD is six months. 6/ After 12 months of continuous service in peacekeeping or other field missions, a staff member on ALD at the P-3 or P-4 level may be considered for internal vacancies within the secretariat at the P-4 level and above, in accordance with applicable rules. 7/ B. Historical overview of Appointments of Limited Duration (ALDs) 10. In 1993, the Staff Rules for the 300 series were revised to provide for two types of non-career appointments: short-term appointments for up to six months for conference and other short-term services, and ALDs, which were intended for assignments not expected to exceed three years, with a possible extension, exceptionally, for a fourth and final year. It was envisaged that the new ALDs would be used for time-limited activities, including peacekeeping, peacemaking and humanitarian missions, technical cooperation in the field and other emergency situations. Pursuant to staff regulation 12.3, the Secretary-General in ICSC/62/R.3 English Page 8 his report of 30 November 1993 8/ informed the General Assembly of the amendments made to the 300 series of staff rules, which came into effect on 1 January 1994 and also advised the General Assembly of the introduction of an ALD. 9/ 11. In June 1994, the General Assembly decided to postpone consideration of the amended 300 series Staff Rules to the forty-ninth session and referred the matter to the International Civil Service Commission (ICSC). At the request of the General Assembly, having considered the issue at its fortieth session, 10/ ICSC decided to advise the Secretary-General that the United Nations Secretariat might proceed on a provisional basis with the new arrangement and to revert to the subject at its summer 1994 session. 11/ At the forty-ninth session, the General Assembly in its resolution 49/223 noted the preliminary conclusions of ICSC and requested the Commission to report on its findings on ALDs upon completion of its study. 12. In September 1994, ALDs were initially used for the recruitment of locally-recruited General Service staff at the United Nations Protection Force (UNPROFOR) and the United Nations Operation in Mozambique (ONUMOZ), and later extended to locally-recruited staff in all special missions. ALDs were subsequently used for the recruitment of new international staff members in the Professional and Field Service categories for operations in Haiti and Guatemala before being extended to new recruits at all special missions. 13. In 1996, at its forty-third session, after considering the information provided on the status of limited-duration employment arrangements, ICSC decided to invite the secretariat to convene a working group, comprising representatives of the organizations and staff and with the participation as necessary of the secretariat of the United Nations Joint Staff Pension Fund (UNJSPF), in order to review the range of issues involved and to propose specific recommendations for consideration by the Commission at its forty-fifth session, and that the United Nations and UNDP ALD schemes, pending the outcome of the Commission's review of the subject, should continue on a pilot basis. 12/ At its fifty-first session, the General Assembly, having noted the decisions of ICSC in its annual report, 13/ requested the Commission to continue its review of the subject of ALDs without delay in its resolution 51/216. 14. In 1997, at its forty-sixth session, the Commission took note of the report of the Working Group and the analysis prepared for United Nations and UNDP 14/ and agreed in principle that ALD arrangements within the common system were an appropriate modality to the extent that the scope of the practice did not impinge on the existence of the international civil service. It endorsed the principles and guidelines for the use of ALDs in common system organizations 15/ set out in annex I of this report. The Commission also decided that until it was in a position definitively to review the functioning of the United Nations and UNDP/United Nations Office for Project Services (UNOPS) ALD pilot schemes, they should remain in pilot status. Other organizations wishing to use such arrangements could proceed on a pilot basis provided that the principles and guidelines for ALD employment were observed. The Commission also underscored the importance of ALD arrangements being used for their intended purpose; in that connection, the overall time limit of four years for ALD employment should be strictly observed ICSC/62/R.3 English Page 9 subject to appropriate reporting, and monitoring modalities should be put in place to ensure that the Commission and its secretariat were kept fully informed of the status and developments in respect of modalities applied. At its forty-ninth session, the General Assembly in its resolution 52/216 requested the Commission to continue its work on the issue of ALDs without delay and endorsed the principles and guidelines for the use of ALDs, and the decisions of the Commission as contained in its annual report. 16/ C. Conditions of service of staff in peacekeeping missions Evolution of the compensation package for appointments of limited duration 15. As mentioned above, the introduction of ALDs under the 300 series staff rules was never intended to create long-term career opportunities and therefore the compensation package was structured for non-career types of employment. Compensation under such an appointment consisted of: (a) Payment of base salary at step I of the single rate of the salary scale applicable to the Professional, Field Service or General Service category, plus a nonpensionable service allowance, payable as a monthly lump-sum; (b) A travel allowance in lieu of home leave paid as a lump-sum; and (c) A service allowance replacing all other entitlements normally payable under a 100 series contract, including dependency allowance, education grant, within-grade salary increment, language allowance, special post allowance and repatriation grant. 16. The initial compensation package of ALDs provided for less social security than generally available to staff appointed under the 100 or 200 series of the Staff Rules. Under the initial ALD, there was no entitlement to medical insurance coverage for family members, and sick leave, annual leave and maternity leave entitlements were provided at a lower level than that available under the 100 series of staff rules. 17. With the increased use of the 300 series, changes were gradually introduced to the compensation package for ALDs. For example, newly recruited staff on ALDs received a lump-sum amount to cover travel for repatriation or annual leave and were responsible for making their own travel arrangements. After some experience with this arrangement, it proved impractical in view of the problems involved in arranging travel and visas to destinations in conflict areas. As explained in document A/59/291, oftentimes the lump sum was not sufficient to cover the cost of the air tickets. As a result, this practice ceased and the United Nations undertook responsibility for arranging travel for staff on ALDs under the existing rules and procedures of the 100 series of Staff Rules relating to official travel. Annual leave and maternity leave entitlements under the appointment were enhanced and are now equivalent to those under the 100 series appointment. In July 2000, ICSC/62/R.3 English Page 10 the conditions of service for staff on ALDs were modified to include a family element in the service allowance, providing medical insurance coverage for eligible family members and allowing for participation in the United Nations group life insurance scheme. Types of peacekeeping missions 18. There are two types of peacekeeping operations serviced by established missions and special missions. A description of conditions of service in these two types of missions is given below. Established missions 19. There are currently seven established missions: the United Nations Truce Supervision Organization (UNTSO), the United Nations Disengagement Observer Force (UNDOF) in the Golan Heights, the United Nations Interim Force in Lebanon (UNIFIL), the United Nations Military Observer Group in India and Pakistan (UNMOGIP), the United Nations Peacekeeping Force in Cyprus (UNFICYP), the United Nations Special Coordinator in the Occupied Territories (UNSCO) and the United Nations Logistics Base at Brindisi, Italy (UNLB). Traditionally, established missions are considered as family missions, to which family members may travel and where they may be installed (this however does not apply to UNSCO, due to the prevailing security conditions at that duty station). ALDs were not used in established missions. Staff members in an established mission are typically appointed under the 100 series; they receive salary, post adjustment, assignment grant, mobility and hardship allowance and rental subsidy applicable to the duty station as well as home leave and education grant travel for themselves and their dependants. Special missions 20. All other missions are categorized as special missions, which have traditionally been considered as non-family duty stations. Mission appointees, whether on a 100 or 300 series appointment, are not entitled to payment of post adjustment, mobility and hard ship allowance, assignment grant or rental subsidy. They receive Mission Subsistence Allowance (MSA), which is intended to cover the cost of accommodation, food and incidentals at the special mission duty station. There is no compensation for maintaining a separate household for family members in the home country and no compensation for hardship. As family members are not installed at the special mission duty station, staff, who are on ALDs under 300 series, are not entitled to home leave or education grant travel in respect of their dependants. Staff recruited for service limited to a specific mission receive base salary and MSA but do not receive post adjustment or mobility and hardship allowance. By contrast, staff members temporarily assigned to a special mission from another duty station, such as New York Headquarters, continue to receive their salary, post adjustment, mobility and hardship allowance and other allowances applicable at their ICSC/62/R.3 English Page 11 parent duty station, as well as MSA at special mission duty stations. These staff continue to receive entitlements for their family members, home leave and education grant travel associated with their parent duty station. 21. Annex II provides a comparison of compensation packages of international staff under 100 series and 300 series in the peacekeeping field missions based on available information. D. Conversion of mission staff from the 300 to the 100 series and related policy issues Current practice pertaining to conversion 22. The 300 series of the Staff Rules is specifically intended to meet the special needs of the United Nations for short term and services of a limited duration which are not expected to exceed three years. Such appointments may be extended, exceptionally, for a fourth and final year (see para. 9 above). 23. Upon completing three years on an ALD, it was the normal practice of the United Nations secretariat to consider staff for reappointment under a 100 series fixed-term appointment limited to service with a specific mission. During the period of June 1999-June 2004, 1,085 international staff were reappointed from 300 to 100 series appointments. Of these, 885 remain in service with the organization, while 200 have subsequently separated from service for various reasons. 17/ The required data and information related to the process of conversion, including available mechanisms for conversion, distribution of international staff converted to 100 series by category, grade, nature of function, duration of the assignment in the field before conversion and reason for conversion, were not available to the secretariat at the time of preparing this report (see para. 3 above), and further analysis of this trend could not be undertaken. 24. In 2003, at the fifty-fifth session, during the discussions of the report of the SecretaryGeneral on “Overview of the financing of the United Nations peacekeeping operations: budget performance for the period from 1 July 2002 to 30 June 2003 and budget for the period from 1 July 2004 to 30 June 2005,” 18/ the Advisory Committee on Administrative and Budgetary Questions (ACABQ) 19/ recalled that 300 series appointments in peacekeeping operations were launched in 1994, as a pilot project, to provide a temporary surge capacity to supplement mission staff at peak periods of peacekeeping activity. In view of its temporary nature, the 300 series appointment was limited to mission appointees for a maximum period of up to four years, and the compensation package had been designed to be simple to administer. 20/ 25. ACABQ was of the view that, in the light of the policy issues to be addressed, the proposal for the conversion of peacekeeping mission staff from the 300 series to the 100 series should be presented in a comprehensive manner. Hence, in its resolution 58/296, the General Assembly requested the Secretary-General to submit at the main part of its fifty-ninth session a comprehensive report on the use, including the conversion, of 300 series contracts, addressing in ICSC/62/R.3 English Page 12 particular the strategy of the Organization for meeting current and future human resources requirements for peacekeeping missions, taking into account the observations and recommendations of ACABQ. The General Assembly endorsed the observations and recommendations of ACABQ 21/ concerning the wholesale conversion, bearing in mind the fact that the General Assembly had taken no decision to support the replacement of the 300 series contracts as a mechanism for the employment of staff in peacekeeping missions. It decided to suspend the application of the four-year maximum limit for ALDs under the 300 series of the staff rules in peacekeeping operations, until 31 December 2004, pending a decision by the General Assembly on this matter at its fifty-ninth session. 26. In 2004, in its resolution 59/266, the General Assembly decided to continue to suspend the application of the four-year maximum limit for ALDs under the 300 series of the Staff Rules in peacekeeping operations until 30 June 2005; authorized the Secretary-General to reappoint under the 100 series of the Staff Rules those mission staff whose service under 300 series contracts had reached the four-year limit by 31 December 2004 or later, pending a decision by the General Assembly, provided that their functions have been reviewed and found necessary and their performance has been confirmed as fully satisfactory. The General Assembly requested further that the Secretary-General report thereon at the second part of its resumed fifty-ninth session. 27. The Secretary-General responded to General Assembly resolution 59/266 in his report A/59/762. He further sought the agreement of the General Assembly to use the 100 series contract for staff members performing functions for which there is a continuing need, and to continue to use the 300 series contract for the appointment of staff performing short-term functions of a duration of less than one year and, pending the consideration of this proposal by the General Assembly, also sought approval to continue the practice of reappointing serving staff under 100 series contracts after they had completed the maximum period of service permitted under a 300 series appointment of limited duration. 28. In 2005, in its resolution 59/296, the General Assembly decided to continue to suspend the application of the four-year maximum limit for ALDs under the 300 series of the Staff Rules in peacekeeping operations until 30 June 2006. The Assembly also authorized the Secretary-General to reappoint under the 100 series of the Staff Rules those mission staff whose service under 300 series contracts had reached the four-year limit by 30 June 2006, provided that their functions have been reviewed and found necessary and their performance had been confirmed as fully satisfactory, and requested the Secretary-General to report thereon to the General Assembly at the second part of its resumed sixtieth session. Policy issues with regard to the practice of conversion 29. The practice of conversion of mission staff under the 300 series to the 100 series after completion of four years of service in a peacekeeping mission as well as the proposal ICSC/62/R.3 English Page 13 to reappoint all international staff serving in peacekeeping missions with ALDs (300 series) under the 100 series raises a number of policy questions including long-term contractual obligations of the Organization and cost implications related to difference in the compensation package. This practice could also have an impact on the geographical distribution and gender balance and as well, could create complications for merit-based transparent and open selection procedures. Issues pertaining to proposed contractual framework 30. Following extensive reviews focusing on career and non-career civil service issues and the rationalization of the various types of contracts used in the organizations of the United Nations common system, the Commission at its sixtieth session decided that three categories of appointments would adequately respond to the needs of the organizations: indefinite or continuing appointments, fixed-term appointments and temporary appointments. 22/ The Commission also established a framework of guidelines for contractual arrangements that had been developed for each category in collaboration with organizations and staff 23/ outlining the key characteristics for each category such as duration of tenure, mobility requirements, the requirement for a probationary period, procedures for progression to other contract types, compensation packages, social security and health insurance provisions and procedures for extension or termination of contract. Thus the framework has clearly taken into consideration ALDs currently used in special peacekeeping missions by the United Nations. As reflected in the framework, the specifications set out under temporary appointments cover short-term service of less than one year and service of limited duration with special missions, projects of limited duration and special operations for humanitarian assistance subject to duration not exceeding four years. 31. Furthermore, the Commission, at its fifty-ninth session, specifically stated that appointment to any contractual category, including movement from a temporary contract to the fixed-term category, should be subject to open, transparent and competitive procedures. 24/ Accordingly, the framework stipulates that acquiring another type of contract may only be effected through the application of open and transparent selection procedures, as established in the staff regulations and rules of the organization. 32. Moreover, according to the principles and guidelines for the use of ALDs in common system organizations endorsed by the Commission in 1997 - annex I of the present document - ALDs do not carry any expectancy of automatic conversion to any other type of appointment. It is therefore clear that defined procedures apply to the acquisition of new contracts or change in contractual status; however no information on relevant legislative approval, instructions or criteria currently used for conversion to the 100 series from other contractual arrangements by the United Nations for further analysis of the issue (see para. 5 above) was available to the secretariat at the time of preparing this document. ICSC/62/R.3 English Page 14 Issues pertaining to equity 33. The proposed wholesale conversion exercise would also create a number of complications due to a lack of transparency and the difficulties involved in attempting to cover a wide variety of different categories of staff (national, mission-specific international, international) under one set of regulations and staff rules, i.e. 100 series. 34. Regular staff of the United Nations secretariat are recruited through a rigorous, competitive process, either through the national competitive examination system or through the central staff selection system. Under the staff selection system of the United Nations, the central review bodies, in the Department of Management, review the selection process to ensure that all candidates are fairly evaluated on the basis of the pre-approved evaluation criteria and/or that the applicable procedures are followed. Staff who are recruited under ALDs are not subject to the same procedures. Therefore, the proposed wholesale conversion as requested in A/59/291 would raise questions concerning the equity of the selection process. Another aspect of concern would be that if mission posts are not classified according to the same job evaluation system as that applied to established posts, the levels of these posts may not be consistent with the levels of posts at Headquarters. That practice too could pose questions of inequity in grading, difficulties in external salary matches and subsequent problems in remuneration. 35. Staff under the 300 series ALD can apply for any post announced in the compendium of vacancies on the Galaxy system, and compete through an open, transparent and competitive selection process in the same manner as other staff and external candidates. Furthermore, as explained earlier, some flexibility is also applied to 300 series mission staff when candidates are considered for internal vacancies. For example, after 12 months of continuous service in peacekeeping or other field missions, a staff member holding an ALD at the P-3 or P-4 level may be considered for internal vacancies within the secretariat at the P-4 level and above in accordance with applicable rules. On the other hand regular staff members on the 100 series are required to remain in a post for a minimum of two years of service before they may apply for a new post. For fairness, the same rules should be applied to all categories of staff. Geographical distribution and gender balance 36. Another consideration with regard to the conversion of mission staff under the 300 series to the 100 series would be the potential distortion on the geographical distribution and gender balance of staff under 100 series. Because the recruitment of staff to peacekeeping missions on ALDs is not subject to the system of desirable ranges, the impact on the equitable geographical distribution of staff after absorption of these personnel would need to be assessed well in advance. Similar assessments should also to be applied with regard to the gender representation of staff under 100 series staff rules. 37. In this regard, it is also worthwhile to draw attention to the principles and guidelines for the use of ALDs endorsed by the Commission in 1997, in which the ICSC/62/R.3 English Page 15 Commission emphasized the importance of recruiting the staff on as wide a geographical basis was emphasized, while advising that the organizations’ policy imperatives in the area of gender balance should not be compromised. III. Review of the contractual instruments [conditions of service] available for the employment of common system staff in the field A. Entitlement systems for internationally-recruited staff serving at non-family duty stations in the common system 38. Two different scenarios exist within the United Nations common system with regard to entitlements of internationally-recruited staff serving in the field including non-family duty stations, viz.: (a) (b) operations. Internationally-recruited staff serving in established non-family duty stations; and United Nations staff assigned to peace-keeping and related missions and These two situations are different because peacekeeping missions which are usually non-family assignments are established on very short notice and are planned and budgeted for short intervals, which does not make it cost-effective to install staff in a new duty station and to grant them the entitlements of a regular assignment, which is usually the case for family duty stations. 39. The organizations in the United Nations common system deal with these two different situations with two types of models as elaborated below in detail based on the information provided by the organizations in their reports to ICSC. 25/ (i) Model applicable to non-peacekeeping scenario 40. The compensation package for internationally recruited staff consists of two types of benefits/entitlements: those which are paid irrespective of place of duty (e.g. base salary), and those which are location-specific (e.g. post adjustment and Mobility and Hardship Allowance). The location-specific entitlements are based on the duty station to which the staff member is assigned. This principle continues to apply to staff serving in non-family (or indeed, any) duty stations. Special operations approach 41. The organizations have reported that the special operations approach encourages and facilitates the assignment of experienced staff of United Nations humanitarian organizations to rotate to non-family duty stations — designated as such by the United ICSC/62/R.3 English Page 16 Nations for security reasons — by paying a Special Operations Living Allowance (SOLA) in addition to the regular entitlements due to the requirement to maintain two households. This arrangement also enables the organizations involved to attract and retain highperforming and experienced staff who have to work in difficult and unsafe duty stations. 42. As informed by the organization, the special operations approach was developed to respond to organizations’ needs to post staff in a growing number of non-family duty stations. Increasing difficulties encountered in assigning staff to such duty stations made it an operational imperative for the field-oriented funds and programmes to address this problem. The traditional approach of assigning a staff member to a non-family duty station had its limitations, particularly when a staff member’s family lost the legal right of residence in the previous duty station. Family members were left with no option but to go to or return to a place where they could legally reside and work, which was usually the place of nationality of the staff member or the spouse. The consequence was a wide geographical separation of families, and an increased disincentive for staff mobility to the very locations where staff’s talents were most needed. 43. As a result, various field-oriented funds and programmes have changed their approach to posting staff to non-family duty stations: rather than assigning a staff member to the non-family location where he/she will serve, they assign the staff member to a nearby duty station with an adequate family infrastructure in terms of schooling, medical, communications and supply facilities. The family can then be fully installed in this location, called the Administrative Place of Assignment (APA); the location-specific benefits and entitlements of the staff member are based on this location, with the exception of home leave and family leave. The administrative place of assignment also serves as a base for the staff member to travel to occasionally on rest and recuperation. It was proposed that the subsistence allowance previously based either on the after-30-day mission subsistence allowance rate where it exists, or on the after-60-day daily subsistence allowance (DSA) rate be based on the after-60-day DSA rate. This proposal has been endorsed by the Commission at its sixty-first session in 2005. 26/ (ii) Model applicable to peacekeeping scenario: Mission Subsistence Allowance (MSA) Non-family duty stations - special missions 44. The mission subsistence allowance is used for United Nations personnel serving in special peacekeeping, peace-building and political missions and operations. Peacekeeping missions are established on very short notice and are planned and budgeted for short intervals, which does not make it cost-effective to install staff in a new duty station and to grant them the entitlements of a regular assignment. Mission staff are therefore not installed at the mission duty station, and the MSA represents the total contribution of the organization towards living expenses incurred by staff and other personnel in connection with an assignment to a special mission. In the case of staff appointed exclusively for ICSC/62/R.3 English Page 17 mission service (i.e., nowadays the vast majority of mission staff) in addition to the base salary, MSA is paid in lieu of post adjustment, mobility and hardship allowance and assignment grant. 45. Staff members temporarily assigned to a special mission from another established duty station continue to receive the entitlements of their parent duty station while receiving MSA for the mission location. There is no established reassignment cycle for mission staff as is the case for field-based organizations of the common system. Family duty stations - established missions 46. Staff members assigned to established missions are treated like any other common system staff in an established office, i.e., they receive all regular entitlements, and their families can stay with them at the actual duty station (unless the Department of Safety and Security has declared the location otherwise for the whole common system). All other peacekeeping operations and political and peace-building missions are “special” missions — considered non-family, where staff receive MSA. In established missions, only military observers and civilian police receive MSA. B. Recent developments in harmonizing practices relating to the entitlements of staff serving at non-family duty stations 47. As reported by the organizations, with the increased use of the SOA approach, organizations have therefore agreed to fully harmonize their practices, and have adopted a commonly agreed framework for the SOA approach, which will achieve the desired harmonization and provide a model for any other organization that may later decide to use this approach as an alternative to the Standard Model. 48. There has been an active inter-agency Committee on Field Duty Stations to decide on and monitor the inclusion and retention of locations which qualify for SOA status, which meet at least biannually. This Committee will now operate under the auspices of the HR Network. The membership of this Committee will include all organizations which have staff deployed under the SOA approach. Hence, consistency of approach will be achieved, as well as greater rigour and transparency in the management of the SOA process. IV. Desirability and feasibility of harmonizing conditions of service in the field A. Views on the conditions of service in the field, including at non-family duty stations 49. Pursuant to a request from the Commission at its sixtieth session, the organizations of the common system provided a specific rationale for maintaining separately the special ICSC/62/R.3 English Page 18 operations approach and mission subsistence allowance for staff at non-family locations versus introducing a single, uniform system-wide arrangement. 27/ 50. The organizations indicated that the rationale for maintaining two separate systems was based on the need to address two situations that are very different in a number of ways, viz., mandate of the organization or mission; duration of assignment; type and limitation of employment; manner and purpose of deployment; numbers of staff in a duty station or mission area; family considerations; and eligibility to entitlements. 51. While the special operations approach is used by funds and programmes for staff members who are assigned for longer but defined periods and with traditional entitlements, the United Nations uses the mission subsistence allowance for a specific group of staff, i.e., exclusively for those assigned to special peacekeeping operations and for political and peace-building missions, which by nature are undefined in duration, budgeted short-term and cover complete countries or wider regions. 52. The organizations also indicated that a major goal of the SOA was to keep staff members who were required by their organizations to rotate duty stations close to their families, and to guarantee families a place where they could legally reside and work. They pointed out that this rotation requirement did not exist for mission staff of the United Nations. In addition, the large size of some peacekeeping and peace-building missions (for example, those currently in place for Afghanistan, the Democratic Republic of the Congo, Iraq and the Sudan), would make it difficult for the United Nations administration to negotiate with host Governments of proposed administrative places of assignments for the installation of the staff members’ families. In some instances, it would be unrealistic to expect the medical, housing and educational infrastructure of these administrative places of assignment to cope with large numbers of families, or the security of the fa milies to be guaranteed. 53. Table 1 compares the compensation packages of mission staff of the Department of Peacekeeping Operations in the field (100 series and 300 series) with the entitlements provided under the special operations approach. 28/ ICSC/62/R.3 English Page 19 Table 1 Comparison of Special Operations Approach with mission staff of the Department of Peacekeeping Operations Special operations approach Mission appointees, 300 series Mission appointees, 100 series Base salary Base salary and annual increments Base salary and annual increments Not applicable Service allowance Not applicable Dependency benefits Not applicable Dependency benefits Post adjustment (administrative place of assignment rate) Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Assignment grant to administrative place of assignment Not applicable Not applicable Hazard pay Hazard pay Hazard pay Special operations living allowance Mission subsistence allowance Mission subsistence allowance Education grant Not applicable Education grant Travel to administrative place of assignment for family for assignments of one year or longer Not applicable Not applicable Home leave Travel allowance Home leave Family visit travel Not applicable Family visit travel Unaccompanied shipment or relocation grant ($10,000 single rate, $15,000 family rate for assignments of one year or longer, or extended beyond one year) Unaccompanied shipment (100 kg or $1,200 for appointments of less than one year) Unaccompanied shipment (100 kg or $1,200) Repatriation grant Not applicable Repatriation grant Rest & Recuperation Travel Occasional Recuperation Break Occasional Recuperation Break Rental subsidy (at administrative place of assignment rate) Mobility and Hardship (administrative place of assignment rate) ICSC/62/R.3 English Page 20 54 Therefore, for the above reasons, the organizations are of the view that the special operations approach, while extremely useful for the field-based organizations, would be impractical for peacekeeping and related missions and operations, at least as currently used. This approach might be useful, however, for United Nations staff in offices with mandates similar to those of other humanitarian organizations of the common system. 55. At the sixty-first session, the Commission agreed with the rationale for maintaining two separate approaches under the special operations and the mission subsistence regimes, which were applied to address the different needs and requirements of different groups of personnel serving under different types of appointments. The Commission also welcomed the efforts by the organizations aimed at harmonizing their practices with regard to the entitlements of staff serving at non family duty stations and endorsed the proposed change from MSA to the after-60-day DSA rate as the basis for calculating the special operations living allowance under the SOA. 30/ B. Estimated financial implications of the proposed Special Operations Approach (SOA) model 56. The financial implications using after-60-day DSA rates as the exclusive basis for calculating special operations living allowance rates is estimated at US$2,152,705. The estimation is based on the current MSA and after-60-day DSA rates as of 1 January 2006 using the staff data provided by the organizations. 31/ The secretariat is expecting to receive latest staff data from the organizations to present an updated consolidated table showing the financial implications to the General Assembly at its sixty first session. V. 57. Action by the Commission The Commission may wish: (a) To note that the secretariat was unable to provide a more comprehensive analysis in compliance with General Assembly resolution 59/266, including an estimation of overall cost implications, due to non-receipt of requested information from DPKO at the time of preparing this document; (b) To reiterate its commitment to the principles and guidelines governing the use of ALDs that it endorsed at its forty-sixth session in 1997 (see annex I); (c) To urge the organizations to follow the guidelines of the framework for contractual arrangements in considering and introducing any changes in the contractual status of staff (see annex IV of A/60/30); ICSC/62/R.3 English Page 21 (d) To call the attention of the General Assembly to the implications of the practice of conversion of mission staff from the 300 series to the 100 series with regard to long-term contractual obligations of the organization, cost implications, geographical distribution, gender balance and merit-based transparent and open selection procedures as indicated in paragraphs 25 to 34 of this document; (e) To recommend to the General Assembly that, in light of the findings in this report, previous conversions from the 300 series to the 100 series be reviewed by the United Nations secretariat and reported on to the General Assembly; (f) To reiterate its endorsement of the principle of two separate approaches under the special operations and the mission subsistence regimes to address the different needs and requirements of different groups of personnel serving under different types of appointments (see A/60/30, paras. 161-162); and (g) To report to the General Assembly on the need for maintaining two separate approaches under the special operations and the mission subsistence regimes and the efforts made for harmonization of practices relating to the entitlements of staff serving at non-family duty stations(see A/60/30, paras. 161-162). Notes 1/ General Assembly document A/59/291. 2/ General Assembly document A/59/446. 3/ Data and related information obtained from A/59/291. 4/ Document ICSC/60/CRP.5. 5/ Document ICSC/61/R.16. 6/ ST/AI/2001/2. 7/ ST/AI/2002/4. 8/ Document A/C.5/48/37 and Add.1. 9/ Document A/C.5/48/37 and Add.1, para. 3. 10/ Official Records of the General Assembly, Forty-ninth Session, Supplement No. 30, (A/49/30), para. 349. 11/ Ibid., paras. 349-367. ICSC/62/R.3 English Page 22 12/ Documents ICSC/43/R.15; ICSC/43/R.16 and Official Records of the General Assembly, Fifty-first Session, Supplement No. 30, (A/51/30), para. 241 (c). 13/ Official Records of the General Assembly, Fifty-first Session, Supplement No. 30, (A/51/30) para. 241(b). 14/ Documents ICSC/46/R.12; ICSC/46/R.7 and ICSC/46/CRP.4. 15/ Official Records of the General Assembly, Fifty-second Session, Supplement No.30, (A/52/30), annex XX. 16/ Official Records of the General Assembly, Fifty-second session, Supplement No. 30, (A/52/30), para. 249. 17/ Document A/59/291. 18/ Document A/58/705. 19/ Document A/58/759. 20/ Official Records of the General Assembly, Forty-ninth Session, Supplement No. 30, (A/49/30), paras. 349-367. 21/ Document A/58/759, paras. 35-39. 22/ Official Records of the General Assembly, Sixtieth Session, Supplement No. 30, (A/60/30), para. 23/ Official Records of the General Assembly, Sixtieth Session, Supplement No. 30, (A/60/30), annex IV. 24/ Document ICSC/60/R.6. 25/ Documents ICSC/60/CRP.5 and ICSC/61/R.16. 26/ Official Records of the General Assembly, Sixtieth Session, Supplement No. 30, (A/60/30), para. 162. Document ICSC/61/R.16. 27/ 28/ Document A/59/446, annex III. 29/ United Nations Staff Rule 103.21 (ST/SGB/2002/1). 30/ Official Records of the General Assembly, Sixtieth Session, Supplement No. 30, (A/60/30), para. 162. 31/ ICSC/61/R.16, annex II. 32/ Official Records of the General Assembly, Sixtieth Session, Supplement No. 30 (A/60/30), annex IV. ICSC/62/R.3 English Page 23 Annex I PRINCIPLES AND GUIDELINES FOR EMPLOYMENT OF APPOINTMENTS OF LIMITED DURATION Principles (a) In the recruitment of staff under ALDs, the highest standards of efficiency, competence and integrity should be the paramount consideration as for other staff; (b) The independence and international character of the international civil service should be preserved; (c) ALDs do not carry any expectancy of automatic conversion to any other type of appointment; (d) (e) service; ALDs should not be used abusively to extend the employment of staff; ALDs employment should not be at the expense of the core international civil (f) Due regard should be paid to the importance of recruiting the staff on as wide a geographical basis as possible; (g) Organizations' policy imperatives in the area of gender balance should not be compromised; (h) There should be a reasonable correlation with the conditions of service of other groups of staff; (i) Compatibility with job classification principles should be observed (equal pay for equal work); (j) ALDs employment arrangements should not create competition for staff among organizations; (k) ALDs arrangements should support the concept of the United Nations system as a good employer: hence they should incorporate adequate social security coverage; (l) These arrangements should be developed with staff consultation and should be characterized by transparency and feedback. ICSC/62/R.3 English Page 24 Guidelines (a) ALDs staff members will pledge themselves to discharge their functions and to regulate their conduct with the interests of the [United Nations] only in view. They shall neither seek nor accept instructions from any Government or from any other authorities external to the organization. They will be bound in their conduct by the obligations pertaining to the staff members of the United Nations and the specialized agencies; (b) ALDs staff will have the status of "Official" in terms of the Convention on the Privileges and Immunities of the United Nations and the conventions of the specialized agencies; (c) Salary is established as one lump sum amount. This amount is determined within a range or band corresponding to the net base salaries (gross base salary minus staff assessment) at current grades or groups of grades. Additions to this base take into account, inter alia, a number of allowances and benefits applicable to regular staff, which are incorporated in the lump sum remuneration; (d) Annual leave will be granted in accordance with organizations' provisions for short-term staff; (e) Sick leave will be granted in accordance with organizations' provisions for short-term staff. ALDs staff are eligible for maternity leave; (f) ALDs staff will be covered against service-incurred illness, injury or death; (g) ALDs staff will be insured by organizations against ill-health and, where appropriate, war-risk; (h) Travel entitlements and installation costs will be paid in a lump sum on the basis of requirements (including family considerations, etc.); (i) ALDs staff are eligible for medical and security evacuation like other staff; (j) ALDs staff are entitled to the right to appeal administrative decisions following the same procedures for other staff members; (k) Appropriate medical clearance is to be obtained before recruitment and dispatch of a staff member under ALDs; (l) ALDs staff will receive the same termination indemnities as those payable to short-term staff. ICSC/62/R.3 English Page 25 Annex II Comparison of Compensation Packages: International staff under 100 and 300 series in the peacekeeping field missions Entitlement 100 series staff temporarily assigned to a mission 1 100 series mission appointee at special missions 2 300 series in special missions Salaries and allowances 1 Base Salary Yes Yes Yes 2 Annual within-grade salary increment Yes Yes No 3 Yes (for parent duty station) No No 4 Post adjustment Dependency benefits Yes Yes No 5 Service allowance (including family element) No No Yes 6 Education grant Yes Yes No 7 Rental subsidy Yes (for parent duty station) No No 8 Mobility and Hardship Yes (for parent duty station) No No 9 Assignment grant Yes (for parent duty station) No No Yes Yes Yes 11 Hazard pay Mission Subsistence allowance (MSA) or Special operations living allowance (SOLA) MSA MSA MSA 12 Language allowance Yes Yes No 10 1 2 Regular staff, under 100 series, temporarily assigned to a special mission from another duty station Staff on 100 series fixed-term appointments limited to service with a specific mission ICSC/62/R.3 English Page 26 Entitlement 100 series staff temporarily assigned to a mission 1 100 series mission appointee at special missions 2 300 series in special missions No Limited to service with a specific of the mission; duration of appointment subject to mission mandate Limited to 4 years maximum; service limited to specific mission; duration of appointment subject to mission mandate Appointment and promotion 13 Limitation of service Social Security 14 Death benefit Yes (in accordance with staff rule 109.10, ranging from 3 to 9 months pay) Yes (in accordance with staff rule 109.10, ranging from 3 to 9 months pay) Yes (Limited to 3 months net pay) 15 Pension participation Yes Yes Yes (s/m are pensioned upon employment but only vested if service is five years or more) 16 Sick leave Yes (65 days sick leave with full pay/65 days sick leave with half pay in a consecutive calendar year for first 3 years; after 4 years of service 195 days of sick leave with full pay and 195 days of sick leave with half pay in any 4-year consecutive period) Yes (65 days sick leave with full pay/65 days sick leave with half pay in a consecutive calendar year for first 3 years; after 4 years of service 195 days of sick leave with full pay and 195 days of sick leave with half pay in any 4-year consecutive period) Yes (2 days per month; can be carried forward) 17 After-service health insurance coverage Yes Yes No ICSC/62/R.3 English Page 27 Entitlement 100 series staff temporarily assigned to a mission 1 100 series mission appointee at special missions 2 300 series in special missions Leave 18 Annual leave (2.5 days per month) Yes (can carry forward 60 days) Yes (can carry forward 60 days) Yes (can carry forward 30 days) 19 Family leave (uncertified sick leave used as family leave) Yes (7 days per year) Yes (7 days per year) Yes (3 days each 6 months) 20 Maternity leave (16 weeks full pay) Yes Yes Yes (16 weeks special leave with full pay in lieu of maternity leave) 21 Paternity leave (i.e. portion of maternity leave under 100 series unused by mother) Yes Yes Yes (only if the mother is a s/m with 100 series appointment) 22 Occasional Recuperation Break (ORB) or Rest & Recuperation Travel (R&R) ORB (at certain duty stations) ORB (at certain duty stations) ORB (at certain duty stations) Separation benefits 23 Termination indemnity Yes (as per annex I to Staff Rules) Yes (as per annex I to Staff Rules) Yes (1 or 2 weeks if included in letter of appointment) 24 Repatriation grant Yes Yes No 25 Commutation of annual leave Yes (up to 60 days) Yes (up to 60 days) Yes (up to 30 days) Yes Yes No 27 Home leave Travel allowance (in lieu of home leave) No No Yes 28 Family visit travel Yes Yes No Travel 26 ICSC/62/R.3 English Page 28 Entitlement 100 series staff temporarily assigned to a mission 1 100 series mission appointee at special missions 2 300 series in special missions 29 Family visit travel with lump-sum option Yes Yes No 30 Home leave travel with lump-sum option Yes Yes No 31 Unaccompanied shipment Unaccompanied shipment (100 kg or $1,200) Unaccompanied shipment (100 kg or $1,200) Unaccompanied shipment (100 kg or $1,200 for appointments of less than one year)
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