Abstract
Most of the recruitment and deployment policies of the African Union Commission (AUC) guarantee a reasonable duty of care for the organization’s civilian employees. Notwithstanding, an analysis of the implementation of the provisions reveals gaps between the rhetoric of a reasonable standard of care and the practice. In addition, the analysis reveals an uneven application of the organization’s duty of care responsibilities to the different categories of its employees. Overall, non-AUC civilian staff deployed in various missions is guaranteed limited reasonable duty of care. While it is implausible to expect the same standard of care for all categories of civilians deployed in AUC missions, it is reasonable to expect that non-AUC civilian staff would at least have the requisite information to make informed decisions on the missions into which they are deployed. Given the increasing raft of challenges confronting deployments of various kinds and the fact that the AUC’s deployment is often into extremely challenging situations, strengthening its duty of care framework and enhancing its implementation in practice is an urgent imperative.
Annex II—the Table of Cases—can be accessed online here: http://extras.springer.com/.
Linda Akua Opongmaa Darkwa, Senior Research Fellow, Legon Centre for International Affairs and Diplomacy, University of Ghana (on leave), Botanical Gardens Road, LG 25 Legon, Accra, Ghana; Coordinator of the Training for Peace Programme in Addis Ababa, Ethiopia, akua.darkwa@gmail.com
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Notes
- 1.
Although the Assembly of Heads of State and Government approved the Staff Regulations and Rules in 2010, the available version still has draft on it. See African Union 2010.
- 2.
Draft African Union Staff Regulations and Rules 2010, Regulation 3.2(a).
- 3.
Administrative Guidelines, para 70.
- 4.
Administrative Guidelines, para 71.
- 5.
Administrative Guidelines, paras 72–73; Standard Operating Procedure Onboarding and Orientation of Civilian Staff in a Field Operation, para 10.
- 6.
Administrative Guidelines, para 74.
- 7.
Draft African Union Regulations and Rules 2010, Regulation 3.2.
- 8.
Ibid., Regulation 4(c).
- 9.
Standard Operating Procedure Secondment of Non-AUC Staff to the Civilian Component of a Field Operation, para 7(d).
- 10.
Draft African Union Regulations and Rules 2010, Regulation 2(3)(c).
- 11.
Administrative Guidelines, para 1.
- 12.
Draft African Union Regulations and Rules 2010, Regulation 3.4(a).
- 13.
Standard Operating Procedure Onboarding and Orientation of Civilian Staff in a Field Operation, paras 3, 5, 6, 7 and 8.
- 14.
Draft African Union Regulations and Rules 2010, Rule 3(h).
- 15.
Draft African Union Regulations and Rules 2010, Regulation 3.5.
- 16.
Information obtained by the Author through discussions, 21 July 2017.
- 17.
Administrative Guidelines, para 59.
- 18.
Administrative Guidelines, paras 62–63.
- 19.
‘In exercising his or her authority, the Chairperson or the competent authority of any other organ shall ensure that all necessary safety and security arrangements are made for the protection of staff members and the Union premises in collaboration with the authority of the host country.’
- 20.
‘The Union shall afford its staff members, where appropriate, every assistance, protection and security against threats, abuse, violence, discrimination, assault, insults or defamation to which they may be subjected by reason of, or in connection with, the performance of their official duties in the Union.’
- 21.
Standard Operating Procedure Establishment and Changes to the Role and Staffing Structure of the Civilian Component of a Field Operation, para 18.
- 22.
Administrative Guidelines, para 76.
- 23.
Draft African Union Regulations and Rules 2010, Regulation 3.4(f).
- 24.
Administrative Guidelines, para 76.
- 25.
Ibid., para 75.
- 26.
Ibid., para 86.
- 27.
Draft Staff Regulations and Rules 2010, Rule 48.
- 28.
Ibid., Rule 50.
- 29.
Ibid., Rule 46; Administrative Guidelines, para 80.
- 30.
Draft African Union Regulations and Rules 2010, Regulation 3.2(a).
- 31.
Administrative Guidelines, para 70.
- 32.
Draft African Union Regulations and Rules 2010, Rule 51.4.
- 33.
Ibid., Rule 51.1(a).
- 34.
According to Rule 58.1 a of the AU Draft Staff Regulations and Rules, ‘The Disciplinary Board shall have jurisdiction over acts of misconduct violating the provisions of the Constitutive Act, Code of Conduct and Ethics, Staff Regulations and Rules, Financial Rules and any other regulations or rules requiring honesty and integrity from a staff member in the performance of his or her duties and in his or her personal conduct, particularly including but not limited to the following acts or omissions: […] (i) Commission of unlawful acts irrespective of whether the staff member was on official duty or not; (ii) Misrepresentation or false certification in connection with any claim or benefit from the Union, including failure to disclose a fact material to that claim or benefit; (iii) Serious assault, verbal or physical, harassment, (including sexual harassment), or threats to other staff members; (iv) Misuse of office and/or abuse of authority; (v) Breach of confidentiality; (vi) Abuse of privileges and immunities; (vii) Insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable orders; (viii) Unauthorized habitual absence from duty without valid cause or absence without permission; (ix) Habitual tardiness in reporting for duty; (x) Refusal to carry out lawful instructions; (xi) Riotous or disorderly behaviour within the premises of the Union or acts subversive to good discipline; (xii) Negligence or neglect of duty; (xiii) Taking or giving bribes or any illegal gratification; (xiv) Negligence or omission to perform duties causing financial loss or damage to the Union’s property or reputation; (xv) Theft, fraud, dishonesty, forgery, misappropriation or misuse of official funds, stores or property including electronic data, files, records and documents; (xvi) Reporting for duty drunk or drinking of intoxicating liquor, and/or prohibited intoxicating drugs during working hours; (xvii) Wilfully or negligently exposing others to psychological or physical danger, injury or torture; (xviii) Acts of intimidation; (xix) Immoral, indecent or disgraceful conduct; (xx) Aiding and abetting trespass with intent to commit a crime; (xxi) Knowingly withholding information on any staff member who is inefficient or incompetent or dangerous to the security of the Union; (xxii) Wilful, unfounded allegations or defamation against other staff members; (xxiii) Disclosure of official information without permission; (xxiv) Acts of violence; (xxv) Abscondment; (xxvi) Taking, communicating, possessing and photocopying official documents and information in all forms that pass through in the course of duty without authorization. (xxvii) All evidenced illegal acts outside official duties of a staff member 58.2 Any other charges may be proffered by the Chairperson or the competent authority of any other organ as justifiable reasons for instituting disciplinary measures against a staff member.
- 35.
Ibid., Rule 62.2.
- 36.
Statute of the Administrative Tribunal 1966, Article 2(i), (ii).
- 37.
Draft African Union Regulations and Rules 2010, Rule 62.3.
- 38.
Administrative Guidelines, para 57.
- 39.
Draft African Union Regulations and Rules 2010, Regulation 3(f).
- 40.
Standard Operating Procedure on Wellness of Civilian and other staff in a Field Operation, para 10.
- 41.
Ibid., paras 7–9.
- 42.
Discussions with headquarters staff revealed that they had themselves not been consistent with adhering to the requirement to request and receive relevant communication equipment prior to travel to FOs.
List of References
African Union (2010) Draft African Union Staff Regulations and Rules. http://www.aucareers.org/Docs/English%20SRR.pdf. Accessed 23 February 2018
African Union (undated) Administrative Guidelines for Recruitment, Selection, Deployment, and Management of Civilian Personnel in Field Operations. Unpublished
African Union (undated) Standard Operating procedure on Onboarding and Orientation of Civilian Staff in a Field Operation. Unpublished
African Union (undated) Standard Operating Procedure Establishment and Changes to the Role and Staffing Structure of the Civilian Component of a Field Operation. Unpublished
Organisation of African Unity (1966) Statute of the Administrative Tribunal. https://www.coe.int/T/AdministrativeTribunal/Source/OUA_Statute_en.pdf. Accessed 27 February 2018
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Darkwa, L.A.O. (2018). Implementation of the Duty of Care by the African Union. In: de Guttry, A., Frulli, M., Greppi, E., Macchi, C. (eds) The Duty of Care of International Organizations Towards Their Civilian Personnel. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-258-3_13
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