General
Assembly 1995 Resolutions(Resolution adopted at the eighth plenary session, held on June 8, 1995)
THE GENERAL ASSEMBLY,
HAVING SEEN the Report of the Administrative Tribunal and the decision of the Preparatory Committee to include on the agenda of the twenty-fifth regular session of the General Assembly the item "Administrative Tribunal," on the proposal of the Secretary General to the Permanent Council and at the request of several member states; and
CONSIDERING:
That, by resolution AG/RES. 35 (I-O/71), the General Assembly, pursuant to its authority as the "supreme organ of the Organization of American States" under Article 53 of the Charter, created the OAS Administrative Tribunal for the purpose of considering "controversies that may arise as a result of administrative decisions affecting members of the staff of the General Secretariat" and guaranteeing "the observance of the general standards for the operation of the General Secretariat and other provisions relative to the rights and obligations of the staff members";
That pursuant to a delegation of authority from the General Assembly under that resolution, the Permanent Council, by resolution CP/RES. 48 (I-O/71), adopted the Statute of the Tribunal and, pursuant to a similar delegation of authority under resolution AG/RES. 158 (IV-O/74), the Permanent Council, by resolution CP/RES. 142 (158/75), approved amendments to that Statute;
That, as stated in resolutions AG/RES. 383 (VI-E/78), AG/RES. 419 (IX-O/79), AG/RES. 562 (XI-O/81), AG/RES. 564 (XI-O/81), AG/RES. 591 (XII-O/82), AG/RES. 1275 (XXIV-O/94), and AG/RES. 1278 (XXIV-O/94), determining the general salary policy for the personnel of the General Secretariat of the Organization is the exclusive responsibility of the General Assembly under Article 53 of the Charter;
That, under Articles 53 and 54 of the Charter, the General Assembly has exclusive authority for determining the structure and functions of its organs, of which the Tribunal is one, deciding the general policies of the Organization, and approving the program-budget and quota obligations of the member states; and
That, in accordance with Article 53 of the Charter, the General Assembly is the supreme organ of the Organization and all other organs, including the Tribunal, are subordinate to it,
RESOLVES:
a. That as the supreme organ of the Organization of American States, the General Assembly has the final authority to determine the scope and meaning of its own resolutions as it applies them;
b. That the Administrative Tribunal, like all other organs of the Organization, is subordinate to the General Assembly;
c. That the function of the Administrative Tribunal is to adjudicate disputes between the Secretary General and the staff members of the General Secretariat arising out of the employment relationship;
d. That determining the general salary policy for the personnel of the General Secretariat is the exclusive responsibility of the General Assembly and that it has not delegated that authority to any other organ;
e. That, for the adjudication of any disputes involving the personnel of the General Secretariat, the internal legislation of the Organization shall take precedence over general principles of labor law and the laws of any member state, and within that internal legislation, the Charter is the instrument of the highest legal order, followed by the resolutions of the General Assembly, and then by the resolutions of the Permanent Council, and finally by the norms adopted by the other organs under the Chartereach acting within its respective sphere of competence;
f. That any decision of an organ subordinate to the General Assembly which violates the basic principles set out in the foregoing provisions is ultra vires and not binding on the Organization, the General Secretariat, its personnel, or the member states;
g. That the composition of the Administrative Tribunal should reflect the two major legal traditions of the Hemispherethe common law tradition and the civil law tradition; and
h. That to the extent, if any, that the foregoing principles are inconsistent with the provisions governing other organs of the Organization, the foregoing principles shall govern.
a. Article I shall state:
The Administrative Tribunal of the Organization of American States, established by resolution AG/RES. 35 (I-O/71), adopted by the General Assembly on April 22, 1971, shall be governed by the following principles and the other provisions of this Statute:
(i) As the supreme organ of the Organization of American States, the General Assembly has the final authority to determine the scope and meaning of its own resolutions as it applies them;
(ii) The Tribunal, like all other organs of the Organization, is subordinate to the General Assembly;
(iii) The function of the Tribunal is to adjudicate disputes between the Secretary General and the staff members of the General Secretariat arising out of the employment relationship;
(iv) Determining the general salary policy for the personnel of the General Secretariat is the exclusive responsibility of the General Assembly, and the General Assembly has not delegated that authority to any other organ;
(v) For the adjudication of any disputes involving the personnel of the General Secretariat, the internal legislation of the Organization shall take precedence over general principles of labor law and the laws of any member state; and, within that internal legislation, the Charter is the instrument of the highest legal order, followed by the resolutions of the General Assembly, and then by the resolutions of the Permanent Council, and finally by the norms adopted by the other organs under the Charter?each acting within its respective sphere of competence;
(vi) Any decision of an organ subordinate to the General Assembly which violates the basic principles set out in the foregoing provisions is ultra vires and not binding on the Organization, the General Secretariat, its personnel, or the member states.
b. Article II, paragraph 5, shall state:
5. Any dispute as to the competence of the Tribunal shall be settled by the decision of the Administrative Tribunal, subject to the provisions of Article I of this Statute.
(i) a second instance of review;
(ii) the assessment of attorneys' fees and costs;
(iii) the requirements of the posting of a bond or refundable filing fee to discourage frivolous actions;
(iv) the implementation of alternative dispute resolution mechanisms, including conciliation;
(v) the implementation of preliminary summary proceedings that will permit disposition of suits on procedural grounds to avoid the expense of trial on the substantive merits; and
(vi) an increase in the number of judges or other measures to guarantee representation on each panel of judges from the common law tradition and the civil law tradition.