Statement by India at the Extraordinary session of the WIPO Coordination Committee 14 July 2011

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 Madam Chair,

 01.       I am making this statement on behalf of the delegation of India.  At the outset, India supports the statement made on behalf of the Development Agenda Group. We believe that it is opportune for this Committee to convene, since it is evident from the statement circulated by the Staff Council, that there are issues that appear to be as yet unresolved.  We think that it is a necessary and timely opportunity to constructively discuss the issues raised by the Staff Council, as well as the responses provided by the Director-General, on behalf of the Secretariat. In this context, we express the disappointment of our delegation that the representative of the Council of the Staff association was not, or is not being, given an opportunity to express its views at this extraordinary session of the Committee, which has been convened specifically to deal with issues raised by them.

02.       As India had observed at the meeting of the Coordination Committee during the General Assembly, the Members of the Coordination Committee are not in a position to investigate the details of specific allegations and counter-explanations, and to declare who is right or wrong in each case.  We do not think the member states have the mandate or the necessary competence and wherewithal to adjudicate and arbitrate such disputes. Whether an issue has been resolved or not and if resolved, to what extent, is something that the complainant and the complainee, namely the Staff Council and the Secretariat in this case, have to mutually agree upon. If that is not possible, as seems to be the case now, we would need an independent, impartial investigation by a competent authority, in accordance with UN rules and regulations.  Therefore, while deeply appreciating the good intentions and the considerable effort put in by the Chair, we are not clear about the mandate or authorization for the Report presented by the Chair, and consequently, find it difficult to accept the basis for the categorization of the complaints or the value judgments that seem to have been arrived at.  Clearly, the issues that have been identified as “resolved” in the Report are not resolved, according to the statement circulated by the Staff Council this morning. 

03.       While, we as India thus maintain that it is not our task to pronounce a judgment on each specific allegation, we would highlight the fact that it is the responsibility of this Committee to evolve necessary institutional guidelines and take the requisite policy decisions to ensure that matters do not come to a point where the intervention of Member States in specific disputes is called upon by the Staff Council. Indeed, as the only Convention body, mandated to deal with all matters concerning the smooth functioning of the Secretariat, it is the direct responsibility of this Committee to ensure that necessary institutional mechanisms are put in place for effective grievance redressal, so that such grievances and complaints are addressed between the Secretariat and the Staff Council in a routine, timely,  and effective manner, without allowing for discontent to fester and erupt in an inappropriate or public outpouring of grievances, as it did during the last General Assembly.  In our view, it is very important, therefore, to put in place necessary institutional measures and mechanisms to ensure that such situations do not recur in the future.  We would have, therefore, wished that the Chair’s Report had taken this important aspect on board and included specific suggestions in this regard, in addition to improving communication between the Secretariat and the Staff Council, which is already mentioned by the Director-General himself, in his response. 

04.       Taking this into account, we propose action at two levels in order to ensure that WIPO, as an organization functions smoothly and efficiently – an objective that is shared by all of us:   (i) firstly, while we as Member States are ill-equipped to conduct inquiries into the veracity or otherwise of the Staff Council’s charges, it is important to bring closure to this matter and not allow it to degenerate into endless charges and counter-charges.  Bringing closure to this issue is not only important from the viewpoint of due process and justice and the perception of justice being carried out, but also for the image and credibility of the Organization and the morale of its staff.  India, therefore, proposes that this Committee refer the outstanding issues that have not yet been resolved, to the UN Joint Inspection Unit or the WIPO Independent Advisory Oversight Committee (IAOC) for an impartial, independent and fair enquiry and investigation, with a request that the report be presented to the Coordination Committee for its consideration; (ii) secondly, while bringing closure to this matter at this point of time, it is also important to put in place necessary institutional measures and mechanisms to avoid the recurrence of such situations in the future, and to facilitate smooth functioning of the Organization.  In this regard, India supports the proposals made by the Development Agenda Group and in addition, suggests the following:

(i)  As stated earlier by the Development Agenda Group in the context of WIPO governance reform, a smaller, more functional layer of governance is needed in WIPO, where Member States can exercise regular oversight of staffing and other related matters, so as to ensure timely and regular resolution of outstanding issues.  As recognized by the WIPO General Assembly Working Group on Constitutional Reform in its report of 2001, we believe that the Coordination Committee itself could be reformed to perform this role, by limiting its membership and by having more frequent sessions.

(ii) Pending such reform, the annual meetings of the Coordination Committee, should be convened as scheduled, without any unilateral cancellation of meetings by the Secretariat, as was the case last year. 
(iii)  At every session of the Coordination Committee, the Secretariat should brief the Members of the Committee about staff recruitments, post reclassifications, promotions and other significant developments with regard to staff conditions and explain how they are in accordance with extant Staff Rules and Regulations.  Representatives of the Staff Council should be given an opportuntiy to present their views and concerns, if any, at each session of the Coordination Committee.

(iv) The Coordination Committee should consider evolving guidelines on the following issues: (a) how to achieve the desired balance between seniority and service experience  on the one hand, with merit and competence on the other, while deciding on recruitments, promotions etc. (b) How to integrate the need for greater geographical and gender balance in WIPO’s staffing in consonance with existing recruitment guidelines (c) how to enhance the credibility and perception of impartiality of critical internal justice offices such as the IAOD, Ombudsman and the Ethics Officer.

(v) There is a need to put in place improved communication and consultation mechanisms between the Secretariat and the Staff Council.

(vi) In keeping with standard practices elsewhere, and to avoid the possibility of ‘motivated’ staff recruitments and conflict of interest through a ‘revolving door’ recruitment system, WIPO Staff regulations should include a minimum “cooling off” period of two years before personnel from Geneva-based Missions and officials from capitals dealing with WIPO, can be considered for recruitment in WIPO.

06.       Madam Chair, the WIPO Secretariat, WIPO staff and WIPO’s Member States – all of us have a stake in the smooth and successful functioning of WIPO.  It is up to us as Members of the Coordination Committee to decide whether we want to put in place mechanisms that make the more than 1000 members of WIPOs staff, a part of the WIPO family and a force multiplier of WIPO’s influence and standing, or an adversary to contend with. The choice is ours and one that we must exercise judiciously and with a sense of great responsibility.
I thank you Madam Chair.

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