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The Staff Association of the Pan American Health Organization,

Regional Office of the World Health Organization, by means of its regulation procedures, and by virtue of:

 

a. Article 20(1) of the Universal Declaration of Human Rights which

states that everyone has the right of freedom of peaceful assembly and association;

b. Article 23(4) of the Universal Declaration of Human Rights which states that everyone has the right to form and to join trade unions for the protection of his/her interests;

c. the recognition by the Administrative Tribunals of the International Labor Organization and of the United Nations Organizations that freedom of association is a general principle

of law; and

d. the will of the Governing Bodies of the Pan American Health

Organization (PAHO) and World Health Organization (WHO) which recognizes freedom of association in their respective Staff Rules.

In order to:

 

a. protect the interests of the staff regarding the principles of employment and conditions of service duly set forth in both PAHO and WHO Constitutions, Staff Rules and Regulations, as well as the provisions in their Manuals and policies, which are based on the general principles of law that govern the international civil service;

b. promote the wellbeing and development of its members; and

c. contribute to and strengthen the links of solidarity among its members.

 

Hereby adopts this Constitution.

 

 

1.1 The name of the Staff Association shall be the Staff Association of the Pan American Health Organization/ Regional Office of the World Health Organization, hereinafter called "the Association".

1.2   The Association shall have its Secretariat at the Headquarters of the Pan American Health Organization/Regional Office of the World Health Organization, hereinafter called "the Organization".

1.3   Whenever a Local Organization is established pursuant to Article 11 of the present Constitution, each Local Organization shall have its headquarters within the locality and/or duty station of the Organization's office to which it pertains.

2.1   The Association is a legal entity of private international law and is formed, by free and voluntary decision, under the conditions established by this Constitution, by the staff of the Organization

2.2 The Association is a hemispheric, free and independent organization, indivisible and decentralized in accordance with the provisions stated in the present Constitution.

2.3   The government of the Association is based on democratic, representative, participatory and pluralistic principles.

2.4   In the Association, sovereignty resides in the members who exercise it in accordance with the provisions in this Constitution. Every member has the right to participate, in accordance with established regulations, in all matters of the Association.

2.5   The Association is a multicultural organization. The official languages are English, Spanish, Portuguese and French.

2.6   The Association's membership principles are based on volunteerism. No one can be forced to become a member of the Association, or to remain in it against his/her free will.

2.7 All members of the Association shall have equal rigths and

obligations without distintion of any kind, such as race, color, sex, religion, political or other opinion, national or social origin, property, birth or other status.

 

 

3.1 The objectives of the Association are the following:

 

a. To ascertain that the conditions of employment of the Organization are in conformity with the principles established in both PAHO and WHO Constitutions, Staff Rules and Regulations, as well as, with the provisions in both their manuals and policies which are based on the general principles of law that govern the international civil service.

b. To promote the changes necessary with the Administration, should the conditions of employment of the Organization not be in conformity with the general principles of law governing international civil service.

c. To mediate conflicts between its members and the Organization.

d. To promote the welfare and development of the members, as well as, to safeguard their interests.

e. To cooperate in furthering the objectives established in the United Nations Charter and in the Constitutions of PAHO and WHO by making proposals and presentations to the Organization concerning personnel policy and conditions of service pursuant to Staff Regulations VIII and Staff Rules 910-930, as these may be amended from time to time.

f. To provide information on all matters of interest to the members of the Local Organization

g. To contribute to the reinforcement of the bonds of solidarity among members

3.2 The Association will carry out the objectives stated in

Article 3.1 by:

a. Cooperating with the Administration in advancing the objectives estabalished in the UN Charter and the PAHO and WHO Constitutions, by preparing and submitting to the Organization proposals on matters related to personnel policies and conditions of service, in accordance with the by-laws and Staff Rules, and the principles that regulate relations with Personnel.

b. Cooperating with the competent authorities and institutions in promoting, developing and implementing best conditions within the pension and health insurance systems in relation to the employees and retirees of the Organization.

c. Collaborating with the Organization in developing and monitoring measures to guarantee the staff's right to work in a healthy physical environment, as one of the essential aspects of full human development.

d. Collaborating with the Organization in implementing appropriate safety measures in offices, residences, and safety phases, as well as, the fulfilment and compliance with these measures, where applicable, for PAHO/WHO staff as an essential right of individuals and their belongings to physical safety during the delivery of their work.

e. Cooperate with the Organization in the implementation of training plans for the staff to strengthen and develop their professional skills, their competencies and their careers.

f. Promoting staff's compliance with the provisions and regulations developed by the Organization. Criticism of these regulations is acceptable, but in general disobedience will not be encouraged.

g. Proposing and encouraging conciliatory solutions for conflicts that may occur between members and the Administration.

h. Organizing collective demonstration activities, including the right to strike according to legal procedures, in the event of conflicts among the members and the Organization that could not be resolved by regular procedures, mutual and friendly agreement or conventional mediation.

i. Disseminating and exchanging information on matters of interest among its members, using any modality or suitable instrument to achieve such an end.

j. Encouraging the strengthening of relationahip links among its members, with particular emphasis on actions aimed at the strengthening of solidarity and camaraderie.

k. Fostering relationships with staff associations of other International Agencies, with a view to becoming incorporated or federated with such associations, in accordance with established guidelines for so doing.

l. Providing adequate procedures for dealing with initiatives and proposals prepared by its members.

m. Representing PAHO/WHO staff, in accordance with provisions stated in the rules, regulations and policies in force, before the Organization and its Governing Bodies, as well as, before other international organizations, associations and/or federations.

4.1 The following persons are eligible to become members of the Association:

 

a. All persons contracted under the provisions of PAHO Staff Rule 420, as they may be amended from time to time, whether hired on a full time, part time or when-actually-employed (WAE) basis and regardless of the type of contract held.

b. All national employees contracted under provisions of Staff Rule 1310 (General Service Staff) and 1340 (National Officers), as they may be amended from time to time.

c. All persons described in the preceding paragraphs who have retired and who have been members in good standing been as defined in paragraph 4.2 for a minimum of 5 years immediately prior to their retirement.

4.2 The individuals mentioned in items 4.1 a. who pay the dues established will be considered members in good standing. The individuals mentioned in item c will be considered honourary members. They may pay voluntary dues.

 

Members in good standing shall have all the following rights and obligations, unless otherwise stated.

a. To attend Councils of the Association and assemlies convened by their Local Organizations;

b. To have voice and vote in the assemblies convened by their Local Organization;

c. To elect and be elected to official posts of the Association, or to represent a Local Organization at Council, subject to the exceptions and incompatibilites stated in Article 12.1 and Article 12.2 of the present Constitution, as well as in the Code of Ethics of the Staff Association;

d. To participate in activities organized or supported by their Local Organization or by the Association;

e. To vote in all elections and referendums;

f. To have direct contact with all other members of the Association, including elected officials at every level of the Association;

g. To be represented before the directing bodies of the Association, as well as of PAHO and WHO;

h. To use the legal services of the Association as contracted by the Executive Committee for any employment related problem, providing that if one needs legal representation in an appeal, one must have been a member in good standing for no less than six continuous months prior to the administrative decision that gives rise to the need for appeal;

i. To be informed of the activities of the Association and to receive bulletins and publications of the Association as well as timely and factual financial reports, decisions and activities of the Association and their Locals;

j. To contribute information of interest for dissemination among the membership of the Association;

k. Upon involuntary separation from the Organization, to retain the rights and obligations of a member in good standing during the appeal of the separation until such time as the appeal is decided by a court or is settled with the Administration. The obligation to pay dues shall be suspended during the time of separation;

l. To be consulted by their elected representatives on a regular basis about critical matters affecting conditions of employment and service, including those amendments to the Staff Rules and Regulations, as well as, to their policies and manuals. Such consultation can be accomplished through staff meetings as well as through other means that may be considered convenient;

m. To resign from the Association voluntarily and freely at any time.

n. To pay dues established by the Council. Unless otherwise provided for in this Constitution, failure to pay dues will automatically cause the suspension of one's rights as a member in good standing, unless the failure is due to an error of the Administration;

o. To pay retroactively, with no interest, any outstanding monthly dues, when a member's rights have been suspended due to failure to pay dues;

p. To abide by the Constitution, the Rules of Procedure and the Code of Ethics of the Association and by the Rules of Procedure of one's Local Organization;

q. To participate actively in the life of the Association; and

r. To report to the Association the occurrence of any new situation that may impact on the general working conditions at his/her duty station

Honorary members shall have the following rights and obligations:

a. To attend Councils of the Association and assemblies of the

Local Organization that pertain to their place of retirement, as well as participate in activities organized by said Local Organization

b. To be represented by the directing bodies of the Association, said Local Organizations and by the legal services of the Association with pension and health related problems, provided that they qualified for legal services prior to retirement;

c. To have voice in Assemlies and Councils of the Association.

d. To abide by the Constitution, Rules of Procedure and Code of Ethics of the Association;

e. To abide by the Rules of Procedure of their relevant Local Organizations.

 

7.1 The Association shall be governed by the present Constitution.

The Constitution is the fundamental Charter of the Association that regulates its principles, rights, duties and obligations. It is the highest law of the Association. All other rules, regulations, terms of reference, policies and codes must to conform to the present Constitution. In case of any conflict between the present Constitution and any other rule, regulation, term of reference and/or policy of the Association, the text of the present Constitution shall prevail. The Constitution shall be modified by the Council and by ratification of two-third (2/3) of the total membership of the Association in good standing with right to vote.

7.2 The following Rules, Regulations, Terms of Reference and Codes of the Association, as well as others that the Association may further adopt, shall constitute the legislative body that governs the implementation of the provisions stated in the present Constitution:

 

§         Rules of Procedures of the Council,

§         Rules of Procedure of the Executive Committee,

§         Rules of Procedure of the Local Organizations,

§         Financial Regulations,

§         Code of Ethics of the Association,

§         Terms of Reference for Legal Services,

§         Terms of Reference for Budget Surveillance Committee,

§         Terms of Reference for the Standing Committee on Membership,

§         Terms of Reference for the Standing Committee on Human Resources.

7.3 The Council and Local Organizations can establish and amend their own Rules of Procedure. The Council shall also establish and amend:

 

§         Rules of Procedure of the Executive Committee,

§         Financial Regulations,

§         Terms of Reference for Legal Services,

§         Terms of Reference for Budget Surveillance Committee,

§         Terms of Reference for the Standing Committee on Membership,

§         Terms of Reference for the Standing Committee on Human Resources,

§         Code of Ethics of the Association.

7.4 In its external relations, the Association shall be governed by the international labor laws as established by the International Labor Organization and other similar organization as per the laws that govern the United Nations Common System.

 

 

The Association shall have the following levels of governance:

 

a. Central Legislative Level: the legislature shall be the Council which is the highest authority in the Association. It shall be of a permanent nature and shall be composed of the presidents of the Local Organization or, in the absence of such a president, such other person as the Rules of Procedure of an affected Local Organization may prescribe for this purpose

b. Central Executive Level: executive power at the hemispheric level shall lie in the Executive Committee which is composed of a President, General Secretary, a Treasurer and four District Representatives

c. Local Level: Composed of Local Organizations pursuant to Article 11 of the present Constitution.

 

The Council is the highest governing body of the Association, and it shall have the following functions:

 

a. Define and promote the policy of the Association;

b. Establish and amend its own Rules of Procedure, those of the

Executive Committee, the Financial Regulations, the Code of Ethics, the Terms of Reference of the Standing Committee on Membership and the Terms of Reference of any Committee that its creates;

c. Design its own program of work, as well as the program of work of the Executive Committee;

d. Approve the annual budget of the Association, establish the scale of contributions, appoint external auditors, and approve the accounts of the Association;

e. Propose exact texts of constitutional amendments to the members in good standing for ratification;

f. Admit Local Organizations to the Council, in accordance with conditions in Article 11;

g. Consider matters submitted by the Executive Committee or by the Local Organizations, and recommend collective or individual action;

h. Create and disband whatever Standing Committees it deems necessary or desirable, and appoint its members. Any member of good standing of the Association may be appointed to a Standing Committee. It is not necessary to receive the consent of a Local Organization to appoint one of its members to such a committee;

i. Appoint two Permanent Standing Committees which will report to the Council and advise the Executive Committee: a Budget Surveillance Committee to oversee adherence to the annual budget, and a Membership Standing Committee which, among other tasks it may be given by the Council, will receive complaints from members in good standing about not having their concerns addressed by other levels of the Staff Association;

j. Hold one regular session every calendar year. This session shall be in a country that has a Local Organization. The Council shall hold extraordinary sessions at the request of a simple majority of the Local Organizations or at the request of the Executive Committee;

k. In each regular and extraordinary session, the Council shall elect a Chairman and a Vice-Chairman and two Rapporteurs. In between sessions of the Council, the President and the General Secretary of the Executive Committee, respectively, shall act as Chairman and Vice-Chairman of the Council;

10.1 The Executive Committee is responsible for executing the instructions of the Council. It will have the following functions:

a. Convene the regular and extraordinary sessions of the Council;

b. Send the agenda for the Council's regular or extraordinary meetings to the Local Organizations within the time required by the Rules of Procedure of the Council;

c. Provide the Council, at each of its regular sessions, with information related to issues submitted by the Local Organizations and the Executive Committee for its consideration/decision;

d. Propose to the Council a budget based on the decisions taken at each regular session of the Council;

e. If necessary, propose a change in the scale of contributions from the members in good standing to the Council, with appropriate justification;

f. Implement the decisions of the Council;

g. Prepare a report of every regular and extraordinary session of the Council for distribution to all of the Local Organizations, to the members of the Executive Committee, and to such other persons or groups as it may decide;

h. Report the status of its work in implementing the decisions of the Council at each regular session of the Council;

i. Administer the annual budget and other financial resources of the Association;

j. Supervise the legal, technical and administrative services of the Association;

k. Represent the Association before the administrative authorities and the governing bodies of the Organization;

l. Appoint members in good standing to serve on joint committees and working groups that may be created by the Organization. Members so nominated incompatibilities stated will be subject to the exceptions and in Article 12.2 of the present Constitution;

m. Create whatever ad hoc, temporary committees it deems necessary or desirable and appoint their members. Any member in good standing of the Association may be appointed to serve on any committee created by the Council. The committees convened by the Executive Committee do not compete with the committees created by the Council. The terms of reference of the Committee created by the Council shall supercede and replace those created by the Executive Committee;

n. Establish temporary committees or working groups for general or specific studies, with or without the participation of the Administration;

o. Represent the Association before other Organizations and Federations of international civil servants, as well as other persons and entities with which the Association does business;

p. Attend to matters at the request of Local Organizations, in particular by making representations to the Administration on behalf of a Local or any of its members.

q. Transmit, through polling officers, the Council's proposed constitutional amendments for ratification, or rejection, by the members in good standing;

r. Appoint polling officers for the hemispheric elections;

s. Meet a minimum of twice per year.

 

10.2 The District Representatives of the Executive Committee will normally act as the liaison between the Executive Committee and the Local Organizations within their Districts. The General Secretary will normally act as the liaison between the Executive Committee and the Washington Local Organization and between the Executive Committee and members of the El Paso office. Nevertheless, all Local Organization will have the right to directly contact any member of the Executive Committee.

11.1 Local Organizations are the basic unit of governance in the Association. The collective will of each Local Organization is represented at the Council of the Staff Association by its delegate to that Council. The Local Organizations, along with the Executive Committee, carry out the decisions of the Council.

11.2 Members in good standing of the Association may establish Local Organizations. The Association will recognize only one Local Organization per country. However, in those countries where there are Centers, it will be possible to have one Local Organization for each Center, besides the one for the country.

11.3 A Local Organization shall have the same principles, objectives and purposes of the Association. Each Local Organization shall represent its membership before the PAHO local administrative authorities, the Council and Executive Committee of the Association, as well as before other staff associations of international civil service within its location and/or duty station, and any other persons/entities at that locality.

 

11.4 The Rules of Procedures of a Local Organization shall not contravene the provisions of the Constitution of the Association and shall adhere to democratic principles. Any amendment to the Constitution must be reflected in the Rules of Procedure of each Local Organization within twelve months of ratification of amendment.

11.5 Staff Committees will be elected within Local Organizations, and will represent the staff before the local administrative authority of PAHO, the Council and the Executive Committee of the Association.

11.6 Each Local Organization shall have the right to utilize all legal mechanisms to represent the majority opinion and the interests of the members in good standing that it represents, including the right to strike, after it has exhausted all other means of conciliation.

11.7 In order to establish a Local Organization, there must exist a minimum of six members in good standing in a given country office and/or Center. Once it is admitted by the Council as a Local Organization, it must maintain a level of at least six members in good standing to remain a Local Organization.

11.8 If the number of members in good standing of a Local Organization falls below the level of six, such Local Organization shall be given a grace period of twelve months in order to restore the necessary level of members in good standing. During the grace period of twelve months, the Local Organization shall continue to have its rights recognized by the Council.

11.9 If the Executive Committee determines that for twelve consecutive months a Local Organization has less than six members in good standing, the rights of such Local Organization shall be automatically suspended. If the Executive Committee determines that a Local Organization has again reached a minimum of six members in good standing in any month, it shall automatically be readmitted.

11.10 In countries that do not have enough members in good standing to form a Local Organization, those staff may group themselves with an existing Local Organization in another country within their district. The Rules of Procedure of such multi-national Local Organizations must provide for inclusion of these members. One official representative of the Staff Association in each of these countries will be the normal point of contact for the Staff Association.

12.1 To qualify as a candidate for the Executive Committee, one must have (1) been elected to a position on a Local Staff Committee of any Local Organization and served for at least one year; (2) not been sanctioned under the Association's Code of Ethics during the  five years prior to his/her nomination; (3) not been sanctioned by the Organization for misconduct during the five years prior to his/her nomination; and (4) not is presently under investigation for misconduct.

12.2 In order to guarantee the independence of the leadership of the Staff Association, any member considered for nomination or election must meet all the conditions stated in the Association's Code of Ethics.

12.3 All members of the Executive Committee shall be elected for two years. The terms of the members shall be staggered. The President, Treasurer and the District Representatives from Districts I and II will be elected in one election cycle. The General Secretary and the District Representative from Districts III and IV will be elected in the following election cycle.

12.4 With reference to the term limit imposed in Article 12.3, a member of the Executive Committee who is completing the term of another person will qualify for election to that post two times if the portion of the unexpired term being completed is less than one year. However, if the unexpired term is one year or longer, the member will qualify for election to that post once.

12.5 A member of the Executive Committee may be relected once to the same post. After serving two terms in the same post, a member may not serve again in that post until two years have elapsed. However, the member may continue to serve on the Executive Committee if elected to a different post.

12.6 In the event that an Executive Committee member's successor has not been elected when that member's mandate expires, that member will continue to serve until the new member is elected.

12.7 If a post on the Executive Committee becomes vacant, the remaining members of the Executive Committee will recommend a qualified replacement to the Council for approval via postal vote, unless a regular session of the Council is imminent, in which case they may make their recommendation at the meeting of that Council. The recommendation will be made in consultation with the Local Organizations of the District that has the vacancy, or with the Washington Local Organization if the vacant position is of the President, General Secretary or Treasurer. If a three-fourths (3/4) majority of the total Council is in agreement with the recommendation, that person will immediately assume the responsibilities of the vacant position and will serve during the rest of the period of the person being replaced. If a recommended replacement fails to gain the necessary majority, the Executive Committee will recommend another person.

12.8 A member of the Executive Committee may be declared to have abandoned his post. Such a statement can be made only by the unanimous vote of the other members of the Executive Committee. Once a declaration of abandonment has been made the affected member's post will be considered vacant.

12.9 A member of the Executive Committee may be declared incapacitated for reasons of physical or mental health through presentation of a medical certificate. Such a statement can be made only by the unanimous vote of the other members of the Executive Committee. Once such a statement has been made, the position of the affected member will be considered vacant.

12.10 In the event of the absence of the President for less than 60 days, the General Secretary shall assume the duties of President.

13.1 Nominations for the following positions will be conducted in the following manner:

 

a. District Representatives: Only the Local Organization from the respective district can nominate candidates for the positions of District Representatives on the Executive Committee. The Polling Officers of each Local Organization will be responsible for presenting one nomination for this post.

b. General Secretary: Only the Washington Local Organization can nominate candidates for the position of General Secretary. The Polling Officers of the Washington Local Organization will be responsible for presenting the nominations for this post, according to the procedures established by that Local Organization.

c. President and Treasurer: The Polling Officers of each Local Organization, including the Washington Local Organization, will be responsible for nominating candidates for the posts of President and Treasurer, according to the procedures established by each Local Organization.

13.2 The candidates for the posts of President, General Secretary and Treasurer must be members in good standing of the Washington Local Organization, and the candidates for the posts of the four District Representatives must be members in good standing of one of the Local Organization in their District.

13.3 Candidates for the posts of District Representative must be members in good standing in their Districts. Each Local Organization within a district may nominate one qualified candidate from among the members of the district. Nominations will be submitted to the hemispheric Pollings Officers and placed on the ballot to be submitted to hemispheric elections.

13.4 The distribution of the Local Organizations within each District shall be established by the Council. Whenever the Council changes the distribution, the change shall not affect the term of a previously elected representative.

14.1 The Executive Committee shall designate the Polling Officers who will be responsible for any hemispheric election. At the same time, each Local Organization shall designate its own polling officers who shall be responsible for forwarding local nominations to the polling officers designated by the Executive Committee in any hemispheric election. No polling officers shall be a candidate for any post. The nomination and appointment of polling officers are subject to the exceptions and incompatibilities stated in Article 12.2 of the present Constitution.

14.2 In countries where there is no Local Organization, members in good standing may appoint polling officers from among them-selves who will be responsible for their elections and for the transmittal of the results to the polling officers designated by the Executive Committee. In countries where polling officers cannot be organized, the ballots should be sent by individual Association members to the polling officers designated by the Executive Committee

14.3 Polling officers of each Local Organization shall send the results via the most reliable and expeditious route to the polling officers in Washington designated by the Executive Committee. They shall also send the ballots to the polling officers designed by the Executive Committee who will do the final count.

14.4 All communication related to a hemispheric election shall be between the polling officers of the Local Organizations and the polling officers designated by the Executive Committee.

15.1 A quorum of the Council is 50% of the Local Organizations

15.2 A quorum of the Executive Committee is four members

16.1 Each Local Organization shall have one vote in the Council. The Council shall adopt decisions by a simple majority (half plus one) of the Local Organizations that are accredited to vote.

16.2 All voting done by members in good standing in hemispheric elections must be done by secret ballot.

16.3 If only one candidate is nominated for a position on the Executive Committee in a hemispheric election, that candidate must obtain two-thirds (2/3) of the electorate in order to be elected.

17.1 The Executive Committee on its own initiative, or at the request of a Local Organization, shall conduct a postal vote of the Council on any matter that cannot wait for the next session of the Council. The result of this vote will be binding if at least a quorum of the Council votes on the matter.

17.2 The Executive Committee shall publish the vote of each Local Organization, together with the final result of a hemispheric vote, within two weeks of receiving the results.

18.1 The Association shall be financed through mandatory contributions from its members in good standing and through voluntary contributions and bequests from any source. The acceptance of any voluntary contribution or bequest, in particular those that are offered conditionally, shall be determined by the Council after receiving a recommendation from the Executive Committee.

18.2 The mandatory contribution from each member in good standing of the Association shall be determined by the Council and calculated as a percentage of total net remuneration.

18.3 The Association's accounts shall be reviewed each year by the auditors who will submit their report directly to the Council.

19.1 The Council may propose amendments to the Constitution for the ratification or rejection of the members in good standing. This may be done on recommendation of a Local Organization and/or the Executive Committee.

19.2 Approval of an amendment of the Constitution proposed by the Council requires a two-thirds vote of the members in good standing.

19.3 Amendments to the Constitution enter into force immediately upon ratification. No amendment can have a retroactive effect.

19.4 The Constitution in English, Spanish, French and Portuguese shall be deposited in the Association's Headquarters. Copies shall be provided to all members in good standing when they join the  Association and thereafter upon request.