The Architecture of Equality
An academic exploration of the United Nations' Special Measures for Gender Equality, examining their legal framework, implementation, and impact.
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Policy Foundation
Administrative Instruction ST/AI/1999/9
In September 1999, the United Nations Secretariat issued Administrative Instruction (AI) ST/AI/1999/9, titled "Special Measures for the Achievement of Gender Equality." This directive aimed to accelerate the attainment of gender equality within the UN staff, particularly in Professional category posts. It superseded the earlier ST/AI/412 and became effective on October 1, 1999.
Secretary-General's Mandate
As articulated by Secretary-General Ban Ki-moon in 2012, Special Measures are defined as "procedures designed to accelerate the achievement of gender parity at the Professional levels and above." These measures are intended to rectify past and present discrimination against women, ensuring gender balance in recruitment and promotion. They are stipulated to remain in effect until gender parity is achieved and sustained.
Alignment with International Standards
The Gender Equality AI aligns with and supports the mandates of Articles 8 and 101 of the UN Charter and Article 4, paragraph 1 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). This ensures the UN's internal policies are consistent with its international commitments to gender equality.
CEDAW's Framework
Article 4, Paragraph 1
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), often termed the international Bill of Women's Rights, is a legally binding treaty. Article 4, paragraph 1, specifically addresses "temporary special measures." It states that such measures, aimed at accelerating de facto equality between men and women, are not considered discriminatory under the Convention. However, they must not lead to the maintenance of unequal standards and should be discontinued once equality objectives are met.
Purpose of Special Measures
These measures are not an exception to non-discrimination but a strategic component for achieving "substantive equality." They aim to correct historical and ongoing discrimination against women and provide necessary compensation, facilitating structural, social, and cultural changes required for true equality.
Committee Guidance
General Recommendation No. 25
In 2004, the UN Committee on the Elimination of Discrimination against Women (CEDAW Committee) adopted General Recommendation No. 25. This recommendation clarifies Article 4, paragraph 1, to facilitate the implementation of temporary special measures and accelerate progress toward gender equality, particularly in employment and professional fields.
UN Committee's Commendation
The CEDAW Committee acknowledged the UN Secretary-General's initiative in implementing temporary special measures, citing the administrative instructions on recruitment, promotion, and placement of women in the Secretariat as a practical example. The goal of achieving a 50/50 gender distribution, especially at higher echelons, was specifically noted.
Historical Parity Targets
Evolution of Objectives
The pursuit of gender equality in UN decision-making positions (D-1 level and above) has been a stated goal since 1970. Progress has been gradual, leading to revised targets over the decades:
- 1990: Urged 25% female participation at D-1 and above by 1995.
- 1994: Revised target to 50/50 representation at D-1 and above by 2000, expressing disappointment with slow progress.
- 2004: Further revised the 50/50 goal deadline to 2015.
Since 2005, the UN has ceased indicating specific target years, reflecting the persistent challenges in achieving gender parity.
Persistent Gaps
Despite stated goals, achieving gender parity has proven challenging. The representation of women in senior roles has fluctuated, and in some periods, even declined. The slow pace suggests systemic issues hindering the effective implementation of established policies.
Representation Data
Senior-Level Representation
Data from various reports illustrates the representation of women in senior UN positions:
- 2000: 30.3% at D1 level.
- 2009: Decreased to 26.7% at D1 level (29.2% across the entire UN system).
- 2011: 24.4% at D2 level.
- December 2011: 27.4% at D1 level.
Projections indicated that at the prevailing rate of progress, gender parity at D-1 and above might take over a century to achieve.
Trends and Projections
The statistics reveal a complex picture, with periods of progress followed by stagnation or decline. The failure to meet successive targets underscores the difficulties in translating policy objectives into tangible results, prompting ongoing debate and review of implementation strategies.
Obstacles to Progress
Implementation Deficiencies
The Secretary-General has identified key reasons for the failure to meet gender equality targets:
- Inconsistent application of "special measures" by various UN entities.
- Delayed implementation of five-year action plans.
In the 2010-2011 period, only two out of thirty UN departments reportedly applied the "target of gender parity."
Administrative Hesitation
Some entities within the UN Secretariat have contended that the new Staff Selection System (ST/AI 2010/3) supersedes earlier provisions like ST/AI/1999/9, particularly regarding affirmative action. This interpretation has led to reluctance in applying gender equality measures, contributing to litigation and diminishing enthusiasm for their enforcement.
Mechanisms of Special Measures
Core Objective
The overarching goal is to achieve a 50/50 gender distribution across the entire UN system, including all departments and levels, from Professional category posts up to D-1 and above. This applies universally, irrespective of funding source or appointment type.
Cumulative Seniority
Section 1.6 of ST/AI/1999/9 mandates that cumulative seniority be considered for women candidates during promotion, unless it adversely affects their situation. Seniority is calculated as the average of years accrued in the current and immediately preceding Professional grade.
Selection and Appointment Criteria
Section 1.8 of ST/AI/1999/9 stipulates that vacancies in the Professional category and above shall be filled by a woman candidate if her qualifications meet the post requirements and are substantially equal to or superior to those of competing male candidates. This provision is crucial for affirmative action.
Implementation Oversight
Accountability Framework
Heads of Departments (HODs) are directly responsible and accountable for implementing these special measures. The Office of Human Resources (OHRM) within the Department of Management is tasked with monitoring this implementation.
Policy Monitoring
The Steering Committee for the Improvement of the Status of Women in the Secretariat (established by ST/SGB/1999/9) plays a role in monitoring and implementing gender equality policies, including the Special Measures.
Policy Status and Application
Governing Issuances
Current policies for appointments, placement, and promotion to achieve gender equality are primarily outlined in ST/SGB/282 ("Policies to Achieve Gender Equality") and ST/AI/1999/9 ("Special Measures for Achievement of Gender Equality"). The latter remains in force unless specifically amended or abolished.
Systemic Conflicts
The UN Secretariat has sometimes argued that Section 13.3 of the newer Staff Selection System (ST/AI 2010/3) supersedes Gender Equality AI (ST/AI/1999/9), citing inconsistencies. However, UN Women maintains that affirmative action for women remains applicable law, and the Secretary-General has affirmed the continued validity of the Gender Equality AI.
Tribunal Rulings
Legal Precedents
The United Nations Administrative Tribunal (UNAT) and its successor, the UN Dispute Tribunal (UNDT), have repeatedly addressed the application and validity of Special Measures. Jurisprudence generally upholds affirmative action provisions as lawful and compatible with the UN Charter, provided they are reasonable and do not compromise the highest standards of efficiency and competence.
Key Rulings
Grinblat (1994): Affirmed that Article 8 of the UN Charter authorizes reasonable affirmative action to improve women's status, permitting preferential treatment for substantially equally qualified women candidates. However, it cautioned against overriding Article 101(3) standards of efficiency and competence.
Anderson Bieler (1996): Reaffirmed Grinblat, establishing a right to preferential treatment for women candidates whose qualifications are substantially equal.
Katz (2002): Acknowledged the Secretary-General's discretionary authority but noted it is governed by Charter provisions and GA resolutions, including flexibility regarding seniority for promotions to increase women's consideration.
Judgement No. 1302 (2006): Stipulated that the female candidate should be appointed unless the male candidate's qualifications are demonstrably and measurably superior, requiring identifiable facts for review.
Appleton (2012): Confirmed the mandatory character of rules concerning preferential treatment for women in selection processes.
Farrimond (2014): The UN administration conceded the validity of ST/AI/1999/9, but the Tribunal found the administration failed to adhere to its provisions, leading to the rescission of a selection decision.
External Resources
Official Links
- UN Convention on the Elimination of All Forms of Discrimination Against Women
- Legislative basis for UN Mandate on Representation of Women
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Academic Disclaimer
Important Notice
This document has been generated by an AI content specialist, drawing exclusively from the provided source material. It is intended for academic and informational purposes, aiming to provide a comprehensive overview suitable for higher education students. The content reflects the information available in the source and does not constitute legal, policy, or administrative advice.
This is not official UN documentation or legal counsel. Users are advised to consult official United Nations resources and legal experts for definitive guidance. The creators of this page are not responsible for any interpretations or actions taken based on the information presented herein.