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As adopted by the General Assembly in resolution 63/253 on 24 December 2008,
amended by resolution 66/237 adopted on 24 December 2011, amended by
resolution 69/203 adopted on 18 December 2014, amended by resolution 70/112
adopted on 14 December 2015 and amended by resolution 71/266 adopted on 23
December 2016.
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Article 1
A tribunal is established by the present statute as the second
instance of the two-tier formal system of administration of justice, to be
known as the United Nations Appeals Tribunal.
Article 2
1.
The Appeals Tribunal shall be competent to hear and pass
judgement on an appeal filed against a judgement rendered by the United
Nations Dispute Tribunal in which it is asserted that the Dispute Tribunal
has:
(a)
Exceeded its jurisdiction or competence;
(b) Failed to exercise jurisdiction vested in it;
(c)
Erred on a question of law;
(d) Committed an error in procedure, such as to affect the
decision of the case; or
(e)
Erred on a question of fact, resulting in a manifestly
unreasonable decision.
2.
An appeal may be filed by either party (i.e., the applicant, a
person making claims in the name of an incapacitated or deceased
applicant, or the respondent) to a judgement of the Dispute Tribunal.
3.
The Appeals Tribunal may affirm, reverse, modify or remand the
judgement of the Dispute Tribunal. It may also issue all orders necessary
or appropriate in aid of its jurisdiction and consonant with the present
statute.
4.
In cases of appeal under paragraph 1 ( e) of the present article, the
Appeals Tribunal shall be competent:
(a)
To affirm, reverse or modify findings of fact of the
Dispute Tribunal on the basis of substantial evidence in the written
record; or
(b)
To remand the case to the Dispute Tribunal for additional
findings of fact, subject to paragraph 5 of the present article, if it
determines that further findings of fact are necessary.
5.
In exceptional circumstances, and where the Appeals Tribunal
determines that the facts are likely to be established with documentary
evidence, including written testimony, it may receive such additional
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evidence if that is in the interest of justice and the efficient and
expeditious resolution of the proceedings. Where this is not the case, or
where the Appeals Tribunal determines that a decision cannot be taken
without oral testimony or other forms of non-written evidence, it shall
remand the case to the Dispute Tribunal. The evidence under this
paragraph shall not include evidence that was known to either party and
should have been presented at the level of the Dispute Tribunal.
6.
Where the Appeals Tribunal remands a case to the Dispute
Tribunal, it may order that the case be considered by a different judge of
the Dispute Tribunal.
7.
For the purposes of the present article, “written record” means
anything that has been entered in the formal record of the Dispute
Tribunal, including submissions, evidence, testimony, motions,
objections, rulings and the judgement, and any evidence received in
accordance with paragraph 5 of the present article.
8.
In the event of a dispute as to whether the Appeals Tribunal has
competence under the present statute, the Appeals Tribunal shall decide
on the matter.
9.
The Appeals Tribunal shall be competent to hear and pass
judgement on an appeal of a decision of the Standing Committee acting
on behalf of the United Nations Joint Staff Pension Board, alleging non-
observance of the regulations of the United Nations Joint Staff Pension
Fund, submitted by:
(a) Any staff member of a member organization of the
Pension Fund which has accepted the jurisdiction of the Appeals
Tribunal in Pension Fund cases who is eligible under article 21 of the
regulations of the Fund as a participant in the Fund, even if his or her
employment has ceased, and any person who has acceded to such staff
member’s rights upon his or her death;
(b)
Any other person who can show that he or she is entitled to
rights under the regulations of the Pension Fund by virtue of the
participation in the Fund of a staff member of such member organization.
In such cases, remands, if any, shall be to the Standing Committee acting
on behalf of the United Nations Joint Staff Pension Board.
10.
The Appeals Tribunal shall be competent to hear and pass
judgement on an application filed against a specialized agency brought
into relationship with the United Nations in accordance with the
provisions of Articles 57 and 63 of the Charter of the United Nations or
other international organization or entity established by a treaty and
participating in the common system of conditions of service, where a
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special agreement has been concluded between the agency, organization
or entity concerned and the Secretary-General of the United Nations to
accept the terms of the jurisdiction of the Appeals Tribunal, consonant
with the present statute. Such special agreement shall provide that the
agency, organization or entity concerned shall be bound by the judgements
of the Appeals Tribunal and be responsible for the payment of any
compensation awarded by the Appeals Tribunal in respect of its own
staff members and shall include, inter alia, provisions concerning its
participation in the administrative arrangements for the functioning of
the Appeals Tribunal and concerning its sharing of the expenses of the
Appeals Tribunal. Such special agreement shall also contain other
provisions required for the Appeals Tribunal to carry out its functions
vis-a-vis the agency, organization or entity. Such special agreement may
only be concluded if the agency, organization or entity utilizes a neutral
first instance process that includes a written record and a written decision
providing reasons, fact and law. In such cases remands, if any, shall be to
the first instance process of the agency, organization or entity.
Article 3
(Amended by resolution 69/203 and resolution 70/112)
1.
The Appeals Tribunal shall be composed of seven judges.
2.
The judges shall be appointed by the General Assembly on the
recommendation of the Internal Justice Council in accordance with
General Assembly resolution 62/228. No two judges shall be of the same
nationality. Due regard shall be given to geographical distribution and
gender balance.
3.
To be eligible for appointment as a judge, a person shall:
(a)
Be of high moral character and impartial;
(b)
Possess at least 15 years of aggregate judicial experience
in the field of administrative law, employment law or the equivalent
within one or more national or international jurisdictions. Relevant
academic experience, when combined with practical experience in
arbitration or the equivalent, may be taken into account towards 5 of the
qualifying 15 years;
(c)
Be fluent, both orally and in writing, in at least one of the
working languages of the Appeals Tribunal.
4.
A judge of the Appeals Tribunal shall be appointed for one non-
renewable term of seven years. As a transitional measure, three of the
judges initially appointed, to be determined by drawing of lots, shall
serve three years and may be reappointed to the same Appeals Tribunal
for a further non-renewable term of seven years. A current or former
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judge of the Dispute Tribunal shall not be eligible to serve in the Appeals
Tribunal.
5.
A judge of the Appeals Tribunal appointed to replace a judge
whose term of office has not expired shall hold office for the remainder
of his or her predecessor’s term and may be reappointed for one non-
renewable term of seven years, provided that the unexpired term is less
than three years.
6.
A judge of the Appeals Tribunal shall not be eligible for any
appointment within the United Nations, except another judicial post, for
a period of five years following his or her term of office.
7.
The Appeals Tribunal shall elect a President and two Vice-
Presidents.
8.
A judge of the Appeals Tribunal shall serve in his or her personal
capacity and enjoy full independence.
9.
A judge of the Appeals Tribunal who has, or appears to have, a
conflict of interest shall recuse himself or herself from the case. Where a
party requests such recusal, the decision shall be taken by the President
of the Appeals Tribunal.
10.
A judge of the Appeals Tribunal may only be removed by the
General Assembly in case of misconduct or incapacity.
11.
A judge of the Appeals Tribunal may resign, by notifying the
General Assembly through the Secretary-General of the United Nations.
The resignation shall take effect from the date of notification, unless the
notice of resignation specifies a later date.
12.
The judges of the Appeals Tribunal shall be considered officials
other than Secretariat officials under the Convention on the Privileges
and Immunities of the United Nations.
Article 4
(Amended by resolution 71/266)
1.
The Appeals Tribunal shall exercise its functions in New York.
However, it may decide to hold sessions in Geneva or Nairobi, as
required by its caseload.
2.
The Appeals Tribunal shall hold ordinary sessions at dates to be
fixed by its rules of procedure, subject to the determination of its
President that there is a sufficient number of cases to justify holding the
session.
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3.
Extraordinary sessions may be convoked by the President, as
required by the caseload.
4.
The President shall have the authority, inter alia, to monitor the
timely delivery of judgments.
Article 5
1.
The Secretary-General of the United Nations shall make the
administrative arrangements necessary for the functioning of the Appeals
Tribunal, including provisions for the travel and related costs of staff
whose physical presence before the Appeals Tribunal is deemed
necessary by the Appeals Tribunal and for judges to travel as necessary
to hold sessions in Geneva and Nairobi.
2.
The Registry of the Appeals Tribunal shall be established in New
York. It shall consist of a Registrar and such other staff as necessary.
3.
The expenses of the Appeals Tribunal shall be borne by the
United Nations.
4.
Compensation ordered by the Appeals Tribunal shall be paid by
the United Nations Secretariat or separately administered United Nations
funds and programmes, as applicable and appropriate, or by the
specialized agency, organization or entity that has accepted the
jurisdiction of the Appeals Tribunal.
Article 6
1.
Subject to the provisions of the present statute, the Appeals
Tribunal shall establish its own rules of procedure, which shall be subject
to approval by the General Assembly.
2.
The rules of procedure of the Appeals Tribunal shall include
provisions concerning:
(a)
Election of the President and Vice-Presidents;
(b)
Composition of the Appeals Tribunal for its sessions;
(c)
Organization of work;
(d)
Presentation of submissions and the procedure to be
followed in respect thereto;
(e)
Procedures for maintaining the confidentiality and
inadmissibility of verbal or written statements made during the mediation
process;
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(f)
Intervention by persons not party to the case whose rights
may have been affected by the judgement of the Dispute Tribunal and
whose rights might therefore also be affected by the judgement of the
Appeals Tribunal;
(g)
The filing of friend-of-court briefs, upon motion and
with the permission of the Appeals Tribunal;
(h)
Oral proceedings;
(i)
Publication of judgements;
(j)
Functions of the Registry;
(k)
Procedure for the recusal of judges;
(l)
Other matters relating to the functioning of the Appeals
Tribunal.
Article 7
(Amended by resolution 66/237 and resolution 69/203)
1.
An appeal shall be receivable if:
(a)
The Appeals Tribunal is competent to hear and pass
judgement on the appeal, pursuant to article 2, paragraph 1, of the
present statute;
(b) The appellant is eligible to file the appeal, pursuant to
article 2, paragraph 2, of the present statute; and
(c) The appeal is filed within 60 calendar days of the receipt
of the judgement of the Dispute Tribunal or, where the Appeals Tribunal
has decided to waive or suspend that deadline in accordance with
paragraph 3 of the present article, within the period specified by the
Appeals Tribunal.
2.
For purposes of applications alleging non-observance of the
regulations of the United Nations Joint Staff Pension Fund arising out of
a decision of the United Nations Joint Staff Pension Board, an
application shall be receivable if filed within 90 calendar days of receipt
of the Board’s decision.
3.
The Appeals Tribunal may decide in writing, upon written
request by the applicant, to suspend or waive the deadlines for a limited
period of time and only in exceptional cases. The Appeals Tribunal shall
not suspend or waive the deadlines for management evaluation.
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4.
Notwithstanding paragraph 3 of the present article, an
application shall not be receivable if it is filed more than one year after
the judgement of the Dispute Tribunal.
5.
The filing of appeals shall have the effect of suspending the
execution of the judgement or order contested.
6.
An appeal and other submissions shall be filed in any of the
official languages of the United Nations.
Article 8
1.
The Appeals Tribunal may order production of documents or
such other evidence as it deems necessary, subject to article 2 of the
present statute.
2.
The Appeals Tribunal shall decide whether the personal
appearance of the appellant or any other person is required at oral
proceedings and the appropriate means to achieve that purpose.
3.
The judges assigned to a case will determine whether to hold
oral proceedings.
4.
The oral proceedings of the Appeals Tribunal shall be held in
public unless the Appeals Tribunal decides, at its own initiative or at the
request of either party, that exceptional circumstances require the
proceedings to be closed.
Article 9
(Amended by resolution 69/203)
1.
The Appeals Tribunal may only order one or both of the
following:
(a)
Rescission of the contested administrative decision or
specific performance, provided that, where the contested administrative
decision concerns appointment, promotion or termination, the Appeals
Tribunal shall also set an amount of compensation that the respondent
may elect to pay as an alternative to the rescission of the contested
administrative decision or specific performance ordered, subject to
subparagraph (b) of the present paragraph;
(b) Compensation for harm, supported by evidence, which
shall normally not exceed the equivalent of two years’ net base salary of
the applicant. The Appeals Tribunal may, however, in exceptional cases
order the payment of a higher compensation for harm, supported by
evidence, and shall provide the reasons for that decision.
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2.
Where the Appeals Tribunal determines that a party has
manifestly abused the appeals process, it may award costs against that
party.
3.
The Appeals Tribunal shall not award exemplary or punitive
damages.
4.
At any time during the proceedings, the Appeals Tribunal may
order an interim measure to provide temporary relief to either party to
prevent irreparable harm and to maintain consistency with the judgement
of the Dispute Tribunal.
5.
The Appeals Tribunal may refer appropriate cases to the
Secretary-General of the United Nations or executive heads of separately
administered United Nations funds and programmes for possible action
to enforce accountability.
Article 10
1.
Cases before the Appeals Tribunal shall normally be reviewed
by a panel of three judges and shall be decided by a majority vote.
2.
Where the President or any two judges sitting on a particular
case consider that the case raises a significant question of law, at any
time before judgement is rendered, the case may be referred for
consideration by the whole Appeals Tribunal. A quorum in such cases
shall be five judges.
3.
The judgements of the Appeals Tribunal shall be issued in
writing and shall state the reasons, facts and law on which they are based.
4.
The deliberations of the Appeals Tribunal shall be confidential.
5.
The judgements of the Appeals Tribunal shall be binding upon
the parties.
6.
The judgements of the Appeals Tribunal shall be final and
without appeal, subject to the provisions of article 11 of the present
statute.
7.
The judgements of the Appeals Tribunal shall be drawn up in
any of the official languages of the United Nations, in two originals,
which shall be deposited in the archives of the United Nations.
8.
A copy of the judgement shall be communicated to each party in
the case. The applicant shall receive a copy in the language in which the
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appeal was submitted unless he or she requests a copy in another official
language of the United Nations.
9.
The judgements of the Appeals Tribunal shall be published,
while protecting personal data, and made generally available by the
Registry of the Tribunal.
Article 11
1.
Subject to article 2 of the present statute, either party may apply
to the Appeals Tribunal for a revision of a judgement on the basis of the
discovery of a decisive fact which was, at the time the judgement was
rendered, unknown to the Appeals Tribunal and to the party applying for
revision, always provided that such ignorance was not due to negligence.
The application must be made within 30 calendar days of the discovery
of the fact and within one year of the date of the judgement.
2.
Clerical or arithmetical mistakes, or errors arising therein from
any accidental slip or omission, may at any time be corrected by the
Appeals Tribunal, either on its own motion or on the application of any
of the parties.
3.
Either party may apply to the Appeals Tribunal for an
interpretation of the meaning or scope of the judgement.
4.
Where the judgement requires execution within a certain period
of time and such execution has not been carried out, either party may
apply to the Appeals Tribunal for an order for execution of the
judgement.
Article 12
The present statute may be amended by decision of the General
Assembly.
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