By Matthew Russell Lee
Amid protests about the murder of George Floyd, the United Nations of Antonio Guterres who has refused to answer Inner City Press’ questions about UN peacekeepers’ rapes in South Sudan and about Cameroon killing journalist Sam Wazizi, leading even UN staff to increasing call him “racist,” has essentially told UN staff to not participate. From a memo forwarded to Inner City Press:
“Dear colleagues, In recent days, demonstrations as a result of the death of George Floyd have occurred in New York City, in other locations in the United States, and in other cities around the world. In these uncertain times, staff members may be wondering whether they can participate in public demonstrations that may be organized in their duty stations… Staff Regulation 1.2 (f) provides as follows: “While staff members’ personal views and convictions, including their political and religious convictions, remain inviolable, staff members shall ensure that those views and convictions do not adversely affect their official duties or the interests of the United Nations. They shall conduct themselves at all times in a manner befitting their status as international civil servants and 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 that may adversely reflect on their status, or on the integrity, independence and impartiality that are required by that status.”
The I.C.S.C.’s 2013 Standards of Conduct for the International Civil Service states, in paragraph 9, further explains the meaning of Staff Regulation 1.2(f) as follows: “Impartiality implies tolerance and restraint, particularly in dealing with political or religious convictions. While their personal views remain inviolate, international civil servants do not have the freedom of private persons to take sides or to express their convictions publicly on controversial matters, either individually or as members of a group, irrespective of the medium used. This can mean that, in certain situations, personal views should be expressed only with tact and discretion.”
Staff Regulation 1.2 (h) further stipulates as follows: “Staff members may exercise the right to vote but shall ensure that their participation in any political activity is consistent with, and does not reflect adversely upon, the independence and impartiality required by their status as international civil servants.”
The Comment 4 to Staff Regulation 1.2 (h), as set forth in the Secretary-General’s Bulletin on The Status, Basic Rights and Duties of Staff Members, ST/SGB/2016/9, is as follows: “Staff regulation 1.2 (h) also addresses participation in political events in public such as a political rally. While staff may have political views, their status as impartial international civil servants never ceases while in service, and expression of a particular political opinion or opinion about a particularly sensitive political matter in public may not be compatible with that status.” Given the obligations of staff members under Staff Regulations 1.2 (f) and 1.2 (h), as elaborated by the comments of the I.C.S.C. and the Secretary-General, participation in public demonstrations in the current circumstances may not be consistent with the independence and impartiality required of us as international civil servants.
Observance of the Law and Regulations Pursuant to Staff Regulation 1.1 (f), the privileges and immunities of the United Nations pursuant to Article 105 of the Charter of the United Nations do not furnish any excuse to staff members “to fail to observe laws and police regulations of the State in which they are located.”
Staff Rule 1.2 (b) requires staff members to “comply with local laws.” Thus, staff members should consider the consequences of participating in public demonstrations given the public health orders during the ongoing novel coronavirus pandemic to maintain social distancing, to avoid large gatherings and to practice other public health measures that may be incompatible with participation in mass protests.
Moreover, insofar as some of the protests have given rise to violence and property damage, the risk that a United Nations staff member could be swept up in an uncontrolled demonstration, including facing arrest or detention, could bring substantial disrepute to the Organization. In New York City or other locations in which curfews have been imposed, staff members must observe such curfews and similar public orders, for which public authorities have made exceptions, such as for essential workers and for health or similar emergencies. Staff should check with their local Security and Safety officials about these public orders.
Finally, pursuant to Staff Rule 1.5(d), “any staff member who has been arrested, charged with an offence other than a minor traffic violation or summoned before a court as a defendant in a criminal proceeding, or who has been convicted, fined or imprisoned for any offence other than a minor traffic violation shall immediately report the fact to the Secretary-General.” And if they are charged with rape, Guterres will do nothing and will refuse to answer questions on it.
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