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Resolution 2206 (2018)
Jurisdictional immunity of international organisations and rights of their staff
1. The Parliamentary Assembly refers
to its Resolution 1979
(2014) on accountability of international organisations
for human rights violations, which underlines the fact that international
organisations are subject to human rights obligations.
2. The Assembly notes that international civil service law is
not codified and employment disputes are dealt with in accordance
with the rules governing the functioning of international organisations
that are found in their statutes or regulations, and not in national
law.
3. The Assembly notes that international organisations enjoy
jurisdictional immunity, which is a “functional” immunity that can
be waived only in exceptional circumstances. In accordance with
the established case law of the European Court of Human Rights in
cases concerning employment disputes opposing members of staff to
international organisations, waiving this immunity can be an option
only if there are no other “reasonable alternative means” of protecting
the rights of those concerned.
4. The Assembly stresses that the staff of international organisations
enjoy the human rights and fundamental freedoms guaranteed by the
European Convention on Human Rights (ETS No. 5, “the Convention”),
and in particular the right of access to a tribunal and a fair trial
in the event of a dispute with their employers (Article 6 of the
Convention) and the right to freedom of association (Article 11
of the Convention), as well as the European Social Charter (ETS
Nos. 35 and 163). Nonetheless, it notes that there is frequently a
lack of democratic and media scrutiny of the functioning of international
organisations, which can result in the concealment of certain abuses,
especially in the context of employment disputes.
5. The Assembly considers that the Council of Europe member States
should exercise greater scrutiny regarding the functioning of international
organisations, with a focus on whether the human rights and fundamental
freedoms of staff are upheld, and in particular whether staff members
have access to a “tribunal” within the meaning of Article 6 of the
Convention.
6. In the light of the above, the Assembly recommends that member
States of the Council of Europe and the international organisations
to which they belong:
6.1. introduce,
in international organisations, “reasonable alternative means of
legally protecting” the rights of staff, in accordance with Article
6 of the Convention, in all cases where such means of redress are
not yet available (if appropriate, especially for smaller international
organisations, by submitting to the jurisdiction of tribunals established
within other international organisations);
6.2. ensure that these means of redress are also available
to trade unions or other groups (such as staff committees and staff
associations) working to protect the rights of staff;
6.3. introduce procedures for lodging appeals against decisions
of the internal tribunals of international organisations in employment
disputes, ideally by creating tribunals of appeal, where they do
not yet exist, for the more established internal tribunals (such
as the Administrative Tribunal of the International Labour Organization
and the Administrative Tribunal of the Council of Europe), and by having
smaller international organisations submit to their jurisdiction;
6.4. ensure that internal redress mechanisms at all levels
are independent and impartial, respect the principle of equality
of arms and issue reasoned decisions, and that these mechanisms
are given the means to operate effectively and without undue interference
so that decisions are fair and taken within a reasonable time;
6.5. ensure transparency of the work of international organisations
and that information on procedures relating to employment disputes
is accessible to their staff.