TERMS OF REFERENCE

INTRODUCTION

The Ombudsperson system is the informal grievance procedure established within UNDP, UNFPA, UNICEF and UNOPS whereby Ombudsperson(s) may consider conflicts of any nature arising from employment with UNDP, UNFPA, UNICEF, UNOPS and related programmes and funds. Individuals can contact the Ombudsperson, at any stage, for help on any work-related problem where a perspective outside of formal channels would be helpful.

The objective of the grievance procedure is one of conciliation by seeking mutually acceptable solutions through informal means. The purpose of such an informal procedure is to foster a harmonious and productive work environment, thereby contributing to greater organizational and operational efficiency.

The services of the Ombudsperson are available to staff members and holders of contracts from UNDP, UNFPA, UNICEF, UNOPS and related funds and programmes on active duty, and to former staff normally during a period of one year following separation from service or the end of their contract. No person who brings a matter to the attention of the Ombudsperson or provides information to the Ombudsperson shall be subject to reprisals because of such action.

A. Duties

The Ombudsperson shall:

1. Act in the joint interest of the individual and the employing organization on matters arising from employment with UNDP, UNFPA, UNICEF, UNOPS and related funds and programmes;

2. Address, through informal means, grievances brought to his/her attention by all such individuals;

3. Assist and advise staff of their rights and privileges in their relations with the employing organization and ensure that all remedies are resorted to in the resolution of their problems;

4. Be readily accessible to all staff regardless of geographical location and be available to travel to country offices as required;

5. Suggest solutions, if necessary, but have no power of decision. The Ombudsperson may be consulted on policy issues where her/his views and experience may prove useful;

6. Prepare an annual report reflecting the type and number of grievances handled as well as recommendations for changes in policies and procedures, in particular where systemic issues have contributed to the problem. The annual report shall preserve the right to confidentiality of individuals who have been in contact with the Ombudsperson and shall be posted on the Ombudsperson intranet site;

7. Liaise and cooperate with other ombudspersons and mediators of the United Nations system and Bretton Woods institutions and actively seek ways in which to strengthen the inter-agency approach to informal dispute resolution;

8. Maintain professional contacts with the informal dispute resolution practice community, seeking to update skills and share best practices through professional associations, seminars, workshops and other training opportunities.

B. Principles

The Ombudsperson shall be guided by the following principles:

1. Independence. The Ombudsperson shall act as independently as possible of all other offices and avoid conflict of interest, external control and either the reality or appearance of being compromised. Independent from management and staff, the Ombudsperson shall be free to criticize without fear that the Office will be abolished or unnecessarily restricted;

2. Objectivity. The Ombudsperson shall carry out inquiries objectively, acting as advocate for neither management nor staff and shall be guided by the highest principles of ethics e.g., by the Code of Ethics and Standards of Practice developed by The Ombudsman Association;

3. Confidentiality. The Ombudsperson shall treat all matters brought to him or her with strict confidentiality. No action is taken on a complaint without the complainant's permission. Information retained by the Ombudsperson is kept secure. However, with the verbal or written permission of the complainant, such information may be carried forward by the Ombudsperson. To guarantee absolute confidentiality, the Ombudsperson shall be immune from any demand from any level of the organization to disclose any information or document regarding a client; the only exception being, at the sole discretion of the Ombudsperson, when there appears to be imminent threat of serious harm. The individuals seeking the services of the Ombudsperson are also expected to observe the same degree of confidentiality as that guaranteed by the Ombudsperson.

4. Privilege. The Ombudsperson shall be protected from any obligation to testify as a witness in any formal proceeding of the Disciplinary Committee, Joint Appeals Board or United Nations Administrative Tribunal (UNAT). While the Ombudsperson remains available as adviser to staff at any time during any such formal proceeding (up to and including UNAT), the Ombudsperson may not be involved with formal processes, except to the extent that, in the Ombudsperson's judgment, he or she may be able to assist in mediating the settlement of a case;

5. Justice. The Ombudsperson shall be guided by a concern for and commitment to justice and fairness. The Ombudsperson shall be guided by the Charter, the Staff Regulations and the Staff rules, as well as the "ICSC Standards of Conduct for the International Civil Service".

C. Consideration of conflicts

The Ombudsperson may consider a conflict of any nature related to employment by UNDP/UNFPA/UNICEF/UNOPS. "Conflict" is to be construed in its broadest sense and includes, inter alia, matters pertaining to the administration of benefits, conditions of employment and managerial practices, as well as matters pertaining to professional conduct and staff relations. The Ombudsperson has full discretion whether or not to consider any such conflict.

The Ombudsperson may hear any of the parties involved in a conflict who wish to avail themselves of his/her services. Parties can be self-referred, or referred to the Ombudsperson by any other sources. The Ombudsperson shall be free to invite any party to a conflict to engage in discussions.

The Ombudsperson will make every effort to bring about a timely, informal resolution to a conflict. However, when the Ombudsperson believes that an informal resolution cannot be reached, he/she shall advise the parties concerned accordingly.

The Ombudsperson shall have free access to all relevant information (except that covered by client/attorney or client/physician privilege) and holds discussions, if necessary, with staff members connected with the grievance, or those who may be able to provide information.

The Ombudsperson may request the Joint Appeals Board to extend the normal time limit for filing an appeal within the framework of staff rule 111.2; timely reference of the matter to the Ombudsperson suspends the two-month time limit specified in the Staff Rules for filing a formal request for review by the Administrator.

D. Selection, appointment and contractual status

The Ombudsperson shall be jointly selected by the Administrator of UNDP, the Executive Director of UNFPA, the Executive Director of UNOPS, and the UNICEF Executive Director who shall solicit and carefully weigh input from the staff representatives of their respective organizations.

The Ombudsperson shall have direct access to the highest authority in the organization, i.e., the Administrator, UNFPA Executive Director, UNOPS Executive Director and UNICEF Executive Director.

The Ombudsperson shall be appointed under UNDP Letter of Appointment and shall have a fixed-term appointment of two years, renewable once up to five years in total.

The Ombudsperson shall not exercise any managerial duties except for those required for the day to day running of the Office of the Joint Ombudsperson. The Ombudsperson shall be ineligible to hold any other post in any of the four organizations after his/her term expires.

The Ombudsperson shall receive appropriate and ongoing training with regard to employment law, human resources management, gender equality, and any other issue deemed pertinent to the fair and transparent execution of his/her function.

The performance of an Ombudsperson shall not be subject to evaluation.

The distinction between the Ombudsperson and Staff Council functions is that the Ombudsperson deals with individual cases and the Council represents staff in terms of policy issues that may arise and broader staff concerns.

E. Removal process

The Ombudsperson may be removed for specified causes consistent with the United Nations Staff Regulations and Rules. This guarantees that the Ombudsperson will not be removed for political reasons or because the results of investigations have offended those in power.

The removal of the Ombudsperson will be possible with the approval of the UNDP Administrator, the Executive Director of UNFPA, the Executive Director UNOPS, and the UNICEF Executive Director who may receive and carefully weigh any input from the staff representatives of their respective organizations.