Imagini ale paginilor
PDF
ePub

State for transmission to the Secretary-General of the United Nations for his use in exercising his rights and duties with respect to the personnel of the United Nations as set out in the Charter and regulations and decisions of the competent organs of the United Nations.

6. At any stage during the investigation or Board proceeding, the Board may transmit to the Secretary of State, for forwarding to the Secretary-General, in as much detail as the Board determines that security considerations permit, the derogatory information disclosed by investigation. This shall be for the purpose of assisting the Secretary-General in determining whether or not he should take action with respect to the employee, or the person being considered for employment, prior to the completion of the procedures outlined in this order. The making available of any such information shall be without prejudice to the right of full hearing as provided for herein.

7. The Secretary of State shall notify the Secretary-General in all cases in which no derogatory information has been developed.

Part II. Standard

1. The standard to be used by the Board in making an advisory determination as provided for in paragraph 5 of part I of this order with respect to a United States citizen who is an employee of, or is being considered for employment by, the United Nations, shall be whether or not on all the evidence there is a reasonable doubt as to the loyalty of the person involved to the Government of the United States.

2. Activities and associations of a United States citizen who is an employee or being considered for employment by the United Nations which may be considered in connexion with the determination whether or not on all the evidence there is a reasonable doubt as to the loyalty of the person involved to the Government of the United States may include one or more of the following:

(a) Sabotage, espionage, or attempts or preparations therefor, or knowingly associating with spies or saboteurs.

(b) Treason or sedition or advocacy thereof.

(c) Advocacy of revolution or force or violence to alter the constitutional form of government of the United States.

(d) Intentional, unauthorized disclosure to any person, under circumstances which may indicate disloyalty to the United States, of United States documents or United States information of a confidential or non-public character obtained by the person making the disclosure as a result of his previous employment by the Government of the United States or otherwise.

(e) Performing or attempting to perform his duties, or otherwise acting, while an employee of the United States Government during a previous period, so as to serve the interests of another government in preference to the interests of the United States.

Membership in, or affiliation or sympathetic association with, any foreign or domestic organization, association, movement, or group or combination of persons, designated by the Attorney General as totalitarian, fascist, communist, or subversive, or as having adopted

a policy of advocating or approving the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States, or as seeking to alter the form of government of the United States by unconstitutional means.

Part III. Other international organizations

The provisions of parts I and II of this order shall be applicable to United States citizens who are employees of, or are being considered for employment by, other public international organizations of which the United States Government is a member, by arrangement between the executive head of the international organization concerned and the Secretary of State or other Officer of the United States designated by the President.

Part IV. International Organizations Employees Loyalty Board

1. There is hereby established in the Civil Service Commission an International Organizations Employees Loyalty Board of not less than three impartial persons, the members of which shall be officers or employees of the Commission.

2. The Board shall have authority in cases referred to it under this order to inquire into the loyalty to the Government of the United States of United States citizens employed, or considered for employment, by international organizations of which the United States is a member, and to make advisory determinations in such cases, under the standard set forth in part II of this order, for transmission by the Secretary of State to the executive heads of the international organizations coming under the arrangements made pursuant to parts I and III of this order.

3. The Board shall make necessary rules and regulations, not inconsistent with the provisions of this order, for the execution of its functions. There shall be included in such rules and regulations provisions for furnishing each person whose case is considered by the Board:

(a) A written statement of the alleged derogatory information, in as much detail as security considerations permit.

(b) An opportunity to answer or comment upon the statement of alleged derogatory information, in writing, and to submit affidavits.

(c) An opportunity for hearing before the Board, or a panel thereof of at least three members, including the right of the person to be represented by counsel, to present witnesses and other evidence in his behalf, and to cross-examine witnesses offered in support of the derogatory information: Provided, that the Board shall conduct its hearings in such manner as to protect from disclosure information. affecting the national security.

4. Based upon all the evidence before it, including such confidential information as it may have in its possession, the Board shall make its determinations in writing, and shall send to each person who is the subject thereof a copy. In cases in which hearing or other action is by a panel of three members, the action or determination of the panel

shall constitute the action or determination of the Board, except that rules and regulations pursuant to paragraph 3 of this part shall be adopted by action of the Board as a whole.

5. Except as otherwise specified in this order, the Civil Service Commission shall provide the necessary investigative and other services required by the Board. All agencies of the executive branch of the Government are authorized and directed to cooperate with the Board, and, to the extent permitted by law, to furnish the Board such information and assistance as it may require in the performance of its functions.

6. All cases arising under this order which are pending before the regional Loyalty Boards and the Loyalty Review Board of the Commission on the effective date of Executive Order No. 10450 of 27 April 1953,' shall on that date be transferred to the Board.

38. RESOLUTION 782 (VIII) OF THE GENERAL ASSEMBLY, DECEMBER 9, 1953 2

A

AMENDMENTS TO THE STAFF REGULATIONS OF THE UNITED NATIONS The General Assembly

3

Adopts, as amendments to the Staff Regulations of the United Nations, the text annexed to the present resolution. These amendments shall become effective from the date of their adoption.

ANNEX

Staff regulation 1.4 (amended text)

Members of the Secretariat shall conduct themselves at all times in a manner befitting their status as international civil servants. They shall not engage in any activity that is incompatible with the proper discharge of their duties with the United Nations. They shall avoid any action and in particular any kind of public pronouncement which may adversely reflect on their status, or on the integrity, independence and impartiality which are required by that status. While they are not expected to give up their national sentiments or their political and religious convictions, they shall at all times bear in mind the reserve and tact incumbent upon them by reason of their international status.

118 Fed. Reg. 2489.

2 General Assembly, Official Records, Eighth Session, Supplement No. 17 (A/2630), p. 40.

For the text of the Staff Regulations, see the annex to the General Assembly's Res. 590 (VI), Feb. 2, 1952; ibid., Sixth Session, Supplement No. 20 (A/2119), pp. 76-80.

Staff regulation 1.7 (amended text)

Staff members may exercise the right to vote but shall not engage in any political activity which is inconsistent with or might reflect upon the independence and impartiality required by their status as international civil servants.

Staff regulation 9.1 (a) (additional provisions)

The Secretary-General may also, giving his reasons therefor, terminate the appointment of a staff member who holds a permanent. appointment:

(i) If the conduct of the staff member indicates that the staff member does not meet the highest standards of integrity required by Article 101, paragraph 3, of the Charter;

(ii) If facts anterior to the appointment of the staff member and relevant to his suitability come to light which, if they had been known at the time of his appointment, should, under the standards established in the Charter, have precluded his appointment.

No termination under sub-paragraphs (i) and (ii) shall take place until the matter has been considered and reported on by a special advisory board appointed for that purpose by the Secretary-General. Finally, the Secretary-General may terminate the appointment of a staff member who holds a permanent appointment if such action would be in the interest of the good administration of the Organization and in accordance with the standards of the Charter, provided that the action is not contested by the staff member concerned.

Staff regulation 9.3 (additional paragraph to become sub-paragraph (b))

(b) The Secretary-General may, where the circumstances warrant and he considers it justified, pay to a staff member terminated under the final paragraph of staff regulation 9.1 (a) a termination indemnity payment not more than 50 percent higher than that which would otherwise be payable under the Staff Regulations.

B

AMENDMENT TO THE STATUTE OF THE UNITED NATIONS ADMINISTRATIVE TRIBUNAL

The General Assembly

Adopts, as an amendment to the Statute of the United Nations Administrative Tribunal,' the text annexed to the present resolution. This amendment shall become effective from the date of its adoption.

ANNEX

Article 9 (amended text)

1. If the Tribunal finds that the application is well founded, it shall order the rescinding of the decision contested or the specific

1 For the text of the Statute of the Administrative Tribunal, see the General Assembly's Res. 351 (V), Nov. 24, 1949; ibid., Fourth Session, Resolutions (A/1251), pp. 49-51.

performance of the obligation invoked. At the same time the Tribunal shall fix the amount of compensation to be paid to the applicant for the injury sustained should the Secretary-General, within thirty days of the notification of the judgment, decide, in the interest of the United Nations, that the applicant shall be compensated without further action being taken in his case; provided that such compensation shall not exceed the equivalent of two years' net base salary of the applicant. The Tribunal may, however, in exceptional cases, when it considers it justified, order the payment of a higher indemnity. A statement of the reasons for the Tribunal's decision shall accompany each such order.

2. Should the Tribunal find that the procedure prescribed in the Staff Regulations or Staff Rules has not been observed, it may, at the request of the Secretary-General and prior to the determination of the merits, order the case remanded for institution or correction of the required procedure. Where a case is remanded the Tribunal may order the payment of compensation, not to exceed the equivalent of three months' net base salary, to the applicant for such loss as may have been caused by the procedural delay.

3. In all applicable cases, compensation shall be fixed by the Tribunal and paid by the United Nations or, as appropriate, by the specialized agency participating under article 12.

C

REVIEW OF THE STAFF REGULATIONS OF THE UNITED NATIONS,

INCLUDING THE PRINCIPLES AND STANDARDS APPLIED IN THEIR

IMPLEMENTATION

The General Assembly

1. Decides to undertake, at its tenth session in 1955, on the basis of a report to be submitted by the Secretary-General' and of the comments thereon of the Advisory Committee on Administrative and Budgetary Questions, including their recommendations as to such further action as may be required of the General Assembly, a review both of the principles and standards progressively developed and applied by the Secretary-General in his implementation of the Staff Regulations and of the Staff Regulations themselves; 3

2. Requests the Secretary-General to circulate to the governments of Member States, not later than four weeks before the opening date of the tenth session of the General Assembly, the report and comments referred to in paragraph 1 above.

1 U.N. doc. A/2996.

2 U.N. doc. A/3036.

See the General Assembly's Res. 974 (X), Dec. 15, 1955; General Assembly, Official Records, Tenth Session, Supplement No. 19 (A/3116), pp. 36–37.

« ÎnapoiContinuă »