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On 16 November 2015, the Applicant joined the Cartagena Convention Secretariat. 3. The Cartagena Convention Secretariat is administered by UNEP and was established to serve as the Secretariat of the Cartagena Convention and its Protocols. 4. The Cartagena Convention forms part of the UNEP Regional Seas Programme consisting of 18 regional seas conventions and action plans. (...) By deciding on the budget of the Convention, the COP of each regional convention decides on the budget of the Secretariat of the Convention and therefore on staff costs and staffing table. 5.

The Applicant works as a Manager, IT and Conference Services, at the Secretariat of the Basel, Rotterdam and Stockholm Conventions (“the Conventions”), United Nations Environment Programme (“UNEP”), at the P-5 level. 4. (...) On 16 April 2013, the Secretariat of the Conventions decided to cancel the second JO and to proceed with its revision, for the purpose of re-advertising it. (...) By another email of the same day, the Deputy Executive Secretary of the Conventions informed her colleagues that a temporary job opening had been issued on 14 June 2013 for the post of Chief, Administrative Services Branch, P-5, in the Conventions’ secretariat, to temporarily fill the vacant post “pending the finalization of the regular selection process”. 9.

Baramky sought leave to submit the Convention on the Privileges and Immunities of the United Nations (Convention) as additional evidence on appeal and as support of his request to interpret paragraph 55 of the UNRWA DT Judgment in light of Article VIII, Section 29(b) of the Convention to the effect that the Agency compensate Mr. (...) Baramky has referred to specific provisions of the Convention and has made arguments based thereon. (...) At the same time, by quoting some of the excerpts of the Convention mentioned above, the motion seeks to by-pass the Appeals Tribunal Order not to admit said legal instrument. 9.

The Applicant first joined UNEP in 2000 as Deputy Director of the Division of Environmental Conventions. He was stationed in Nairobi until 2004 when he accepted an appointment as Acting Executive Secretary at the Executive Office of CMS. (...) The exception to this was a one-year fixed-term appointment in 2004 in his fifth year as Deputy Director of the Division of Environmental Conventions at UNEP before he moved to Bonn. Based on this consistent past practice, the Tribunal finds that it was an implied term of his conditions of employment that the duration of the renewal would be two years. 51. (...) … You will appreciate that Germany cannot tolerate the Executive Secretary damaging the international reputation of Germany and the UN city of Bonn, as has repeatedly happened over the past few weeks at least among the Parties to the Convention. I am turning to you, Executive Director, in order to avert permanent damage to the Convention on the Conservation of Migratory Species of Wild Animals

Sec. 14 of the BOIs policy implicitly refers to requests from national governments and thus to the Convention on Privileges and Immunities of the United Nations (“the Convention”); the Respondent’s argument that the Convention prevails over the BOIs policy cannot stand; sec. 21 of the Convention has to be read together with e.g. its sec. 4 on the privileges and immunities of the Organization’s archives; n. (...) Indeed, the Convention states as follows: Article II PROPERTY, FUNDS AND ASSETS SECTION 2. (...) The Tribunal first notes that in the hierarchy of norms, the Convention takes precedence over the BOIs policy and the SOPs on BOIs.

However, in terms of Article 21 of the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly in 1946 (the Convention)1, the Secretary-General has a duty to co-operate with the appropriate authorities of Member States to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with any privileges and immunities. (...) The provisions of the Convention and host country agreements create legally-binding obligations on the Secretary-General vis-à-vis the Member States that are parties to the Convention and the host country agreement. 25. (...) In addition, Section 30 of the Convention provides: SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement.

The ILO Convention on Occupational Safety and Health Convention (Convention No. 155) of 1981 states: Article 16 1. (...) UNDT/2014/037 Page 23 of 26 72. The ILO Convention on Occupational Safety and Health Recommendation (Convention No. 164) of 1981, Recommendation concerning Occupational Safety and Health and the Working Environment. (...) A very important element of such a constant effort is the prevention policy reflected in arts. 16 and 19 from the ILO Convention No. 155 and art. 2 from the ILO Convention No. 187.

By application filed on 22 July 2014, the Applicant contests the “[United Nations Children’s Fund (“UNICEF”)] failure in its obligations as enshrined in the policy guidelines of ST/AI/299 read with ST/SGB/198 to provide safety and protection to functional immunity of staff members, and as given under the 1946 Geneva Convention”. Facts 2. The Applicant entered into the service of UNICEF as a Construction Specialist, at the National Officer Level, on 26 November 2007. (...) “the inaction on the part of [UNICEF] in not timely invoking provisions of Charter of the UN, Staff Regulations/Rules, and Geneva Convention”; ii. “[UNICEF] not having taken any decision on providing the safety and protection at the workplace and timely inaction on the criminal and civil litigation against the Applicant”; and iii. (...) UNDT/2014/126 Page 6 of 7 ST/AI/299 read with ST/SGB/198 to provide safety and protection to functional immunity of staff members, and as given under the 1946 Geneva Convention”. 17. As stated above, the Applicant further refers to the “inaction on the part of [UNICEF] in not timely invoking provisions of Charter of the UN, Staff Regulations/Rules and Geneva Convention” and UNICEF “not having taken any decision on providing the safety and protection at the workplace and timely inaction on the criminal and civil litigation against the Applicant” and to his “deployment … to a hardship and risky environment”. 18.

Cherif is appealing are not administrative decisions but rather regulatory as they fall within the Council’s purview who, under Article 58 of the Convention on International Civil Aviation,2 can determine and modify the Secretary General’s conditions of employment. 13. (...) Under Article 58 of ICAO’s Convention, the Council can determine and modify the Secretary General’s conditions of employment: “Subject to any rules laid down by the Assembly and to the provisions of this Convention, the Council shall determine the method of appointment and of termination of appointment, the training, and the salaries, allowances, and conditions of service of the Secretary General and other personnel of the Organization, and may employ or make use of the services of nationals of any contracting State.”5 That is exactly what happened here. 24. (...) (Signed) Weicheng Lin, Registrar 5 Convention on International Civil Aviation, Chicago, 4 April 1947, Article 58, Chapter XI.

The Applicant joined the Organization on 5 May 2011 as a Political Affairs Officer (P-3), Implementation Support Unit (“ISU”), Convention on Certain Conventional Weapons (“CCW”), United Nations Office of Disarmament Affairs (“UNODA”), under an initial fixed-term appointment (“FTA”) of two years. 4. (...) On 17 January 2017, as a result of continuing financial difficulties, further evidenced by the United Nations’ implementation of a new Enterprise Resource Planning System, namely UMOJA, the then Acting Director, Conference on Disarmament and Conference Support Branch, UNODA, the Chief, HRMS, UNOG, and the Chief, Financial Resources Management Service (“FRMS”), UNOG, held a meeting on “the implications of the financial challenges facing the Convention on Biological Weapons (BWC) and the Convention on Certain Conventional Weapons (CCW) and for their respective Implementation Support Units (ISU) hosted by the Geneva Branch of the Office for Disarmament Case No. (...) The staff of the Implementation Support Unit, which constitute the Convention’s Secretariat, had to initially have their contracts extended a month at a time. 12.