PERMANENT COUNCIL OF THE OEA/Ser.G

ORGANIZATION OF AMERICAN STATESCP/CAAP/INF.47/12

7 February 2012

COMMITTEE ON ADMINISTRATIVEOriginal: Spanish

AND BUDGETARY AFFAIRS

COMMENTS AND PROPOSALS OF THE STAFF COMMITTEE ON

DOCUMENT CP/CAAP-3096/11 ADD. 4 REV. 1, “PROGRESS REPORT ON THE

COMPREHENSIVE HUMAN RESOURCE MANAGEMENT PLAN (PHASE ONE)”

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Contents

I.Introduction

II.Trust positions

Proposal of the Staff Committee

III. Competitions and promotions

1-Impossibility of access to continuing contracts (Article 19 of the General Standards)

2-Limitation of access to long-term contracts (Article 20 of the General Standards)

3-Differentiated treatment of staff members according to the type and source of financing of their contracts

Proposal of the Staff Committee

III.Classification and reclassification of posts

Proposal of the Staff Committee

V.personnel incentive mechanisms and retention

1-Annual or biannual step increases

2-Competitive selection

3-Staff awards

4-Training

5-Performance evaluation system

Proposals of the Staff Committee

Graphs

Graph 2:Comparison of permanent staff v. non-career staff in trust positions......

Graph 3:Evolution of types of contracts from 2000 to 2011...... 7

Graph 4:Changes in the structure of the General Secretariat (Dec. 2005 – Jun. 2011)......

Graph 5:General Secretariat Workforce (1995 – 2010)

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COMMENTS AND PROPOSALS OF THE STAFF COMMITTEE ON

DOCUMENT CP/CAAP-3096/11 ADD. 4 REV. 1, “PROGRESS REPORT ON THE

COMPREHENSIVE HUMAN RESOURCE MANAGEMENT PLAN (PHASE ONE)”

  1. Introduction

At the request of the member states and in accordance with Article 53 of the General Standards to Govern the Operations of the General Secretariat, the Staff Committee—the executive organ of the OAS Staff Association—offers its observations on the Progress Report on the Comprehensive Human Resource Management Plan (Phase One) (CP/CAAP-3096/12 add. 4 rev. 1). The comments contained in this document are of particular interest to the employees of the Organization, in that the measures that the General Secretariat proposes affect the working conditions of staff members.

In this document, the Staff Committee:

  • Reiterates that the design and implementation of staff policy must conform to the standards in force;
  • exhorts the Secretariat to respect the vested rights of staff members and to apply the standards in a transparent and consistent manner;
  • reaffirms that observance of the standards will translate into considerable savings for the Organization, lift staff morale, and contribute to a stable, committed, and motivated workforce;
  • requests that any proposals on human resources management presented to the political organs be clear and avoid distortions that might lead to erroneous or flawed interpretations of the standards;
  • calls for staff policies to take into account and abide by the principles of gender equality and geographic distribution in a systematic and consistent manner, especially where recruitment, advancement, and promotion of staff are concerned;
  • demands the elimination of all discriminatory practices;
  • urges that the Staff Committee be consulted on human resources matters and that consideration be given to its proposals, comments, and suggestions; and
  • warns of the potential legal consequences of failure to observe the standards.
  1. Trust positions

Any measures that the Secretariat may adopt to address the budget deficit brought about by staff appointments in excess of the limit recognized in the General Standards must be transparently implemented, generate tangible savings, and ensure egalitarian treatment for staff.

The Staff Committee considers that Section I (a)(b) of the Progress Report on the Comprehensive Human Resource Management Plan does not meet these guidelines. The proposal of the Secretariat with respect to the saving that it would generate by converting positions of trust into permanent positions is unclear; it also encourages disparate treatment of staff members, and does not conform to the standards.

Therefore, the Staff Committee:

1.Does not subscribe to the decision to convert positions of trust into permanent positions with fixed-term or other contracts, given that it runs contrary to the General Standards by changing the definition and legal nature of trust appointments. The criteria that define trust positions, along with the exceptions that may be granted, are set forth in Article 21(a)(b)[1]/ of the General Standards and in Staff Rule 104.5.[2]/ The Committee also finds that this measure:

  • It discriminates in favor of staff members in positions of trust and gives them priority to the detriment of permanent staff members (with short-term, long-term, continuing, and career service contracts), especially when one considers that the Secretariat recently announced that more than 20 permanent staff positions, on top of those eliminated under resolution AG/RES. 1 (XLII-E/11), would be done away with in 2012.
  • It distorts the legal nature of trust appointments as the standards make no provision for their “conversion.” On the contrary, according to the standards, they are designated at the discretion of the Secretary General, who may terminate them simply by giving notice. The termination of trust appointment contracts is legally considered consensual and voluntary, given that someone who accepts an appointment of this type agrees to render the services at the discretion of the Secretary General, unless they are a member of the career service or a staff member under a continuing contract, in which case they may return to the positions that they had immediately prior to accepting the trust appointment.
  • It mentions neither the criteria nor the grounds used to determine which positions of trust are subject to conversion. These are particularly important given that both permanent staff members and staff members under trust appointments continue to serve in similar positions in the Secretariat without any distinction being made between one or the other.
  • It generates no savings since in most cases the only modification has been to the title of the position, from which the term “trust” has been eliminated. In some cases, the source of financing was changed from the Regular Fund to the Indirect Cost Recovery (ICR) Fund; in others, the trust position was substituted with a performance contract (CPR) financed with a variety of funds. Overall, no position was actually eliminated; rather each was covered with another staff member, thus perpetuating the budget deficit, contrary to what was proposed in resolution AG/RES. 1 (XLII-E/11) (See Graph 1).
  • It automatically increases the Organization’s costs in the area of indemnities, since when the newly created contracts terminate their holders will be entitled to severance pay, something that is not envisaged for trust appointments.[3]/
  • It generates an additional cost for the Regular Fund by requiring audits to determine the classification (level) of the positions, in accordance with resolution AG/RES. 1319 (XXV-O/95), which adopted the standards and methods used by the United Nations for the classification of positions within the Secretariat. It also accords preferential treatment to the staff members benefited by the conversion, bearing in mind that some permanent staff members have waited more than two years for their positions to be audited. Conversely, if these positions are not audited, the Secretariat will have failed to comply with the requirements set down in the Staff Rules and General Standards for determining their level and salary, which was set in a discretionary manner.
  • It sets back the regularization of the positions of permanent staff members who have been waiting for more than four years for the competitions for their posts to be held, given that the audit of trust positions converted into permanent positions requires the involvement of the Department of Human Resources.

Graph 1: “Non-career” trust positions as a percentage of the total number of positions financed by the Regular Fund as of December 2011

2.It finds no evidence that corrective measures have been adopted that might generate any real savings to offset or reduce the US$3.6 million deficit caused by trust appointments that exceed the statutory 8% limit. Furthermore, the exact amount of the saving expected from these eliminations must be determined and the criteria used to implement them, disclosed.

3.It does not agree with the decision to restore to their former positions seven permanent staff members with continuing contracts who occupy trust positions. On the contrary, it believes that the appointment of permanent staff members who have won internal and external competitions and who meet the suitability and experience requirements to occupy management positions should be strengthened and increased. The appointment of permanent staff members to positions of trust serves the twin purpose of promoting and retaining the Organization’s most qualified employees, as well as having a positive impact on the budget by generating savings (see Graph 2).

Graph 2: Comparison of permanent staff v. non-career staff in trust positions

Proposal of the Staff Committee

In view of the fact that there has been no significant reduction in the number of trust positions and that the necessary savings on trust appointments have not been generated, the Staff Committee recommends the following:

  1. That the vested rights of staff members with short-term, long-term, continuing, and career service contracts be respected and that the provisions of resolution AG/RES. 1 (XLII-E/11) be met so that savings are made by eliminating positions of trust, not permanent positions.
  1. That Article 21 of the General Standards be observed by eliminating trust positions–approximately 20–given that the contravention of this provision has a heavy impact on the Organization’s budget.
  1. That Staff Rule 104.5(a),[4]/ which provides that the posts of Directors of the Offices of the General Secretariat away from headquarters should not be trust positions, be observed.
  1. To make it the practice to appoint permanent staff members who meet the suitability and experience requirements necessary to temporarily occupy management positions by means of an internal competition, taking factors of gender and nationality into account, until the more than 100 competitions for permanent staff members that are pending (competitions for long-term and continuing contracts) are regularized and competitions to fill those posts can be announced.

The Committee reiterates that abidance by the rules in the adoption of decisions and adherence to the principles of equity, transparency, and respect for the vested rights of staff members will have a positive effect on the morale of the staff, reduce the Organization’s human resources costs, and help to ensure that the institutional memory is strengthened and maintained.

III. Competitions and promotions

It is of vital importance for staff members and for the Secretariat that competitions for filling vacancies be held in an open and transparent manner, and in accordance with the standards in force. This mechanism helps to provide the Organization with qualified staff, favors the retention of experienced staff members, and inspires confidence in the actions and decisions of management.

At present, the employment situation of the staff members of the Secretariat is highly precarious, given that for more than three years access to competitions for long-term and continuing contracts (see Graph 3) has been limited. By failing to hold competitions, the Secretariat is in contravention of Articles 19[5]/ and 20[6]/ of the General Standards and Staff Rules 104.3 and 104.4.

Graph 3: Evolution of types of contracts from 2000 to 2011

This situation adversely affects the job stability of staff members. It also exposes the Secretariat to individual or collective lawsuits brought by affected staff members before the Administrative Tribunal. The Staff Committee has identified the following infringements of the Organization’s standards on competitions and promotions:

1- Impossibility of access to continuing contracts (Article 19 of the General Standards)

In 2002, the member states adopted resolution AG/RES. 1873 (XXXII-O/02) by which it was decided to close the career service and replace it with the mechanism of continuing contracts.[7]/ At the time, the member states decided that between 40% and 50% of the posts financed by the Regular Fund should be covered by such contracts. However, since 2009, the Secretariat has failed to meet the target percentage for continuing contracts set down in the General Standards.

The Secretariat, through the Department of Human Resources, is required to maintain and publish a list of all staff members eligible for continuing contracts and to provide copies of the current list to staff members upon request. However, the Department of Human Resources has not published the list since June 2009, despite successive requests. The Secretariat has also failed to call competitions for continuing contracts. As a result, the percentage of positions under continuing contracts is currently 32%, which is well below the target percentage of 40% to 50% set down in the General Standards. According to the Staff Association’s estimates, between 30 and 76 vacancies need to be filled in order to reach the target percentage.

2- Limitation of access to long-term contracts (Article 20 of the General Standards)

Internal and external competitions to fill vacant posts with long-term contracts have been delayed for more than four years. According to Article 20 of the General Standards, staff members who have served under short-term contracts financed by the Regular Fund for a total of three years are ineligible to continue serving in the General Secretariat under such contracts unless they are selected through competition. At present the contracts of more than 100 staff members do not conform to that provision. It should also be noted that short-term contracts financed by specific funds or the Indirect Cost Recovery Fund are not exempt from competitions.

3- Differentiated treatment of staff members according to the type and source of financing of their contracts

The Secretariat has adopted the practice of not holding competitions for positions that are financed by specific funds or the Indirect Cost Recovery Fund. In other words, although competitions are held for posts financed by the Regular Fund, the same is not true of positions financed by other funds, except where a reclassification of the position is involved. Competitions for positions financed by other funds are the exception, rather than the rule.

Furthermore, a number of short-term contracts financed by funds other than the Regular Fund were converted into long-term contracts without a competition being held first. This practice, which is applied based on incongruous and non-uniform criteria, accentuates the disparities in the application and interpretation of the rules, is unfair, and vitiates the long-term contract adjudication process. Overall, these practices leave staff members vulnerable to dismissal, make their employment situation uncertain, and generate discriminatory differences.

In light of the above, and bearing in mind the Comprehensive Human Resource Management Plan proposed by the General Secretariat, the Staff Committee:

  • Sees no pressing need to modify the rules on competitions; what is urgent, is that the Secretariat apply them uniformly. In other words, the rules are sufficiently developed but their application is wanting.
  • Notes that the assertion of the Secretariat (Section III.2) that “Candidates that are selected for a staff member contract under the Regular fund are entitled to a competition process” does not mark a departure from the rules in place, given that all staff members, including those who occupy positions financed with funds other than the Regular Fund (ICR and specific funds), are entitled to competitive selection processes for the positions they hold. Only trust positions are not entitled to be hired under long-term or continuing contracts. The proposal of the Secretariat changes nothing where competitions are concerned, nor would it grant a new right.
  • Considers that the Secretariat is mistaken in its interpretation that granting a continuing contract entails the acquisition of an “additional benefit.” Participation in a competition for a continuing contract is an “acquired right” of all eligible permanent staff members. In other words, eligible staff members have the right to compete for contracts of this type, which offer greater job security.
  • Agrees with the Secretariat’s proposal to use a competitive selection process to cover all positions in the Secretariat, given that it is to the Organization’s benefit to have qualified personnel. However, in holding these competitions, the competition schedule in force must be observed.
  • Urges the General Secretariat not to favor staff members in positions of trust, particularly where competitions are concerned, and requests that all competitions not programmed in the schedule published in June 2010 be postponed until the regularization process for the more than 100 pending competitions for permanent staff positions has concluded. To do otherwise would heighten the discriminatory treatment that favors staff members in trust positions transferred to the permanent staff, as that facilitates their incorporation and job stability to the detriment of the rights of permanent staff members.

Proposal of the Staff Committee

Based on the above, the Staff Committee recommends:

  1. That the decisions reached in 2002 between the member states and the general Secretariat regarding access to competitions for continuing contracts be respected.[8]/
  1. That the time limits for holding competitions for vacant positions established in the General Standards be observed.
  1. That staff transfers be carried out in accordance with Staff Rules 105.2 (b) and (c).[9]/
  1. That priority be given to postponed competitions for positions of permanent staff members over the competitions for the selection of directors or any other post that was a position of trust as of January 31, 2012.
  1. That the order established in the competition schedule be respected.
  1. That the rules on competitions be uniformly applied, without distinction as to the source of funding of each position.
  1. That the regularization of positions through competitions be expedited and that the Secretariat, in concert with the Staff Committee, analyze alternatives to that end.
  1. That the current practice be abandoned of allowing more than two and a half years to pass before announcing competitions for vacant posts.
  1. Classification and reclassification of posts

A core component of the system of parity with the United Nations system explicitly included in the referendum approved by the staff of the Secretariat and adopted by resolution AG/RES. 1319 (XXV-O/95), is adhesion to the United Nations classification system.[10]/ This system ensures that post classifications are done on the basis of systematic analysis of the level of responsibility that attaches to each post.