ADMINISTRATIVE TRIBUNAL

The purpose of the Administrative Tribunal, created in 1971 by the General Assembly, is to settle any disputes with staff members that may arise as a result of administrative decisions. It comprises six members of different nationalities, elected in a personal capacity by the General Assembly. Each time the Tribunal meets, three of its members sit on the bench.

At its fortieth regular session, from October 30 to November 13, 1995, the Tribunal handed down the following judgments and adopted a number of resolutions in connection with settlements and discontinuance of actions.

Judgment No. 125

On complaint No. 225, filed by a staff member who had been summarily dismissed from the General Secretariat pursuant to Rule No. 110.5(b) of the Staff Rules. The Tribunal found that the statement made by the staff member to a television station was not of a kind to constitute serious misconduct and justify summary dismissal. The Tribunal ordered that the former employee be paid compensation equivalent to 18 months of basic salary, US$1,000 for pain and suffering, US$6,000 for legal expenses, and travel expenses for him and his dependents to their country of origin.

Judgment No. 126

On complaints Nos. 208, 209, 210, and 214, in connection with a review of Judgment No. 124, filed by over 70 members of the General Secretariat staff requesting that the Tribunal consider them as complainants in the action decided in Judgment No. 124. The Tribunal dismissed the request as unfounded in all its parts.

Judgment No. 127

On complaint No. 205, filed by a staff member at the M (P-4) grade level who claimed that the functions he had been performing since September 15, 1992, were of the N (P-5) grade level; that his post should have been reclassified to the P-5 level as of that date; and that the reclassification procedure of the first and second ad hoc committees was null and void since it violated the OAS Charter, the General Standards, the Staff Rules, and the complainant's employment contract. The party against whom the complaint was filed maintained that different audits ordered by the General Secretariat, and one ordered by the Tribunal itself, had shown that the complainant should remain at the M (P-4) grade level. The General Secretariat also sought to uphold the legality of the ad hoc procedures by indicating that the Secretary General has the authority to make exceptions to the Staff Rules provided that such exceptions are not at variance with a decision adopted by the General Assembly or the interests of another staff member; that the Secretary General had to establish a procedure for exceptions in order to address the great number of reclassification cases resulting from the 1988 staff reduction; but that at all times he had guaranteed that any party concerned who did not agree with the ad hoc procedures, would have the option of requesting an audit pursuant to Staff Rules 102.3(f). For all of these reasons, the Tribunal found that the Secretary General's decisions to authorize the ad hoc process were legitimate and did not cause harm to the complainant. The Tribunal further stated that the complainant was not entitled to have his post reclassified. The Tribunal did, however, order that the complainant be paid a bonus for the special functions performed for a period preceding the audit ordered by the Tribunal, which had confirmed the M (P-4) grade level of the complainant's post.

Judgment No. 128

On complaint No. 207, filed by a staff member at the M (P-4) grade level who claimed that the functions he had been performing since August 26, 1987, were of the N (P-5) grade level. This case is very similar to the one considered in Judgment No. 127 with respect to both the complainant's claim and the arguments put forward by the parties. The Tribunal found against the case filed by the complainant in all its parts, and further denied a bonus for special functions performed.

Judgment No. 129

On complaint No. 202, filed by a staff member at the L (P-3) grade level who claimed that he had been performing the functions of another staff member at the M (P-4) grade level since the latter's death. On these grounds, he requested reclassification to grade level M (P-4) as of January 12, 1993. Furthermore, with regard to the fact that the General Secretariat had paid him a bonus for special duties from January 1993 until January 10, 1994, on which date he was instructed to cease performing the special functions, the complainant maintained that he had had to continue performing these functions and that therefore the bonus should have continued to be paid after January 10, 1994. The Tribunal found against the case filed by the complainant in all its parts, on grounds that management had clearly instructed him not to continue performing such functions, which had been distributed among other staff members, and that expert testimony requested by the Tribunal had established that the functions of the complainant were of the L (P-3) grade level.

Judgments Nos. 130, 131, 132, and 133

On complaints 216, 217, 218, and 220, in connection with the reclassification of posts. In these cases, the complainants and the party against whom the appeals were filed agreed to ask the Tribunal to appoint an expert to conduct an independent audit of the post of each complainant, in accordance with the OAS Job Classification Standards, and both complainants and defendant agreed to be bound by the findings of the audit. The judgments handed down by the Tribunal upheld the results of the audits.

Note of the Administrative Tribunal to the Legal Representative of the Complainants in Complaint No. 192, Which led to Judgment No. 124

In response to the request for an interpretation of this judgment, the Tribunal noted that the text in that judgment that reads: "the Organization may choose to pay the compensation referred to in the preceding paragraph by means of paid annual leave or early retirement with the right to emoluments equivalent to the amount owed ..." means that the General Secretariat is entitled to choose from the alternatives referred to in Judgment No. 124.

INTER-AMERICAN DEFENSE BOARD

The Inter-American Defense Board was created in 1942 to study and recommend measures for the defense of the Hemisphere. In addition to promoting peace and security in the Hemisphere, the Board also serves to promote trust. It conducts an academic program through the Inter-American Defense College.

Structure

The Board performs its functions by way of the following subsidiary bodies: the Council of Delegates, the Staff, the Secretariat, and the Inter-American Defense College, which work closely with one another and with the OAS to strengthen solidarity among the countries in the Hemisphere.

Increase in the Number of Members

Two new countries formally joined the Board: Antigua and Barbuda in April and Guyana in November. Suriname, which was accepted for membership in 1994, has not yet been formally admitted.

Principal Activities

• A study on confidence- and security-building measures. The Board continued to work with the OAS in studying and developing a revised concept of hemispheric security. At the request of the OAS Permanent Council, the Board undertook a study on confidence-building measures in the Hemisphere and presented it to the Regional Conference on Confidence- and Security-Building Measures, held in Santiago, Chile.

• Review of the regulations. In response to the changing world situation and the efforts of the OAS Permanent Council's Committee on Hemispheric Security to define a concept of regional security, the Board began a review of its Regulations with a view to increasing its effectiveness and efficiency in addressing hemispheric needs in the area of security. Crucial steps towards achieving this aim were taken when the Council of Delegates adopted a new mission statement, providing guidance and direction for a full review of the Regulations, and, on that basis, adopted a revised document describing the Board's tasks in light of the OAS Charter and resolutions adopted by the Organization.

• Mine clearance. The Board continued working on this important humanitarian project promoted by the OAS in Central America. After the necessary training and the delivery of supplies and funding, work got under way in Honduras in late 1995. The plan includes operations in Costa Rica which are to begin at a later date. The Staff has been working closely with the OAS in coordinating support for the international team of instructors in Honduras and in serving as the coordinating agency for financial and material support. Recently, in response to a request from the OAS Permanent Council approved by the Council of Delegates, the Staff began to look at the requirements for initiating mine clearance in Guatemala.

• Disaster relief. The Council of Delegates authorized the Staff to work closely with the United Nations as the coordinating agency for disaster relief efforts in the Hemisphere. The Board took part in a regional conference on airplane disasters and requested information from different sources for a data bank on inter-American military capabilities in the area of disaster relief.

• Inter-American Defense College. Forty-nine students from 13 member countries of the Board graduated from the College in June 1995. In its 33 years of existence, 1,564 civilian and military students from 21 member countries have graduated from the College. A new course attended by 53 civilian and military students from 15 member countries commenced in August 1995.

The College, in conjunction with other international agencies, sponsored two academic events. In April 1995, together with the United Nations Educational, Scientific, and Cultural Organization (UNESCO), the College organized a symposium on security for peace. In September, it worked closely with the United States Institute for Strategic Studies in sponsoring a symposium on political and military relations in international institutions.

Publication of the academic magazine "Revista" (Review) resumed and a new occasional publication, "Aportes" (Contributions), was launched.

The College's advisors are conducting research on hemispheric security matters with FLACSO, FOCAL, and the Wilson Center. The College's teaching staff has published various chapters of books and a number of works in conjunction with these groups.

• Participation in international conferences. To promote security in the Hemisphere and to strengthen ties between the countries of the Americas, the Inter-American Defense Board continued to send officers to participate in special missions or international conferences. Some of the OAS meetings in which the Board took part included the seventeenth and eighteenth sessions of CICAD; the first OAS/CARICOM General Meeting; and the Regional Conference on Confidence- and Security-Building Measures.

• Publications. The most significant works published were a study by the Staff on the legal relationship between the OAS and the Inter-American Defense Board; a demining operations manual, and a comprehensive study of confidence- and security-building measures in the Hemisphere.

PAN AMERICAN DEVELOPMENT FOUNDATION (PADF)

Established in 1962, the PADF is an independent, nonprofit organization that coordinates some of its activities with the OAS under the terms of a Cooperation Agreement signed in 1982. The Secretary General serves as Chair of the Board of Trustees of the Foundation. The OAS Permanent Council appoints an observer to sit on the Foundation's Board of Trustees. The current observer is Ambassador Harriet C. Babbitt, Permanent Representative of the United States to the OAS.

The Foundation works in four areas:

Disaster Relief

With support from the OAS, which in 1992 signed an agreement with the PADF in this area, and from private corporations, the PADF made every effort to provide relief in the wake of Hurricanes Luis and Marilyn by sending shipments of foods and emergency supplies to Antigua and Barbuda and to St. Kitts and Nevis.

Development Programs

Under these programs, PADF cooperates with entrepreneurs from low-income groups in Latin America and the Caribbean. Projects were carried out in the following areas: (i) natural resources and the environment, in Haiti, El Salvador, and the Dominican Republic; (ii) municipal development, in Argentina, Guatemala, and Peru; (iii) support for the private sector, in Haiti, Mexico, Nicaragua, and Panama.

Assistance Programs

The PADF is carrying out two aid programs: (i) a health services program, under which hospitals and clinics receive donations of medical equipment; and (ii) an educational tools program, whereby educational equipment is donated to vocational and technical schools.

Special Projects

In May 1995, the PADF conferred the "Leadership Award" on Ted Turner in recognition of his contribution to promoting greater understanding in the Hemisphere through telecommunications.

In September 1995, the PADF held the International Contact 95 Forum in Miami, which was attended by more than 200 representatives from nongovernmental organizations.

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