FC 109/22


Finance Committee

Hundred and Ninth Session

Rome, 9 – 13 May 2005

Issuance of Work Permits for
Expatriate Spouses at Headquarters


1. The Finance Committee, at its Hundred-and-seventh Session (Rome, 10-18 May 2004), made a number of enquiries on spouse employment related issues. At that time, the Committee requested the secretariat to raise the issue of work permits for spouses of staff members with the Government of Italy with a view to facilitating easier access to spousal employment1. Subsequently, at its Hundred-and-eighth Session (Rome, 27 September - 1 October 2004), “the Committee requested clarifications on the practices followed by the host government regarding the issuance of work permits to spouse of expatriate staff members”. It was reported to the Committee that informal discussions had been initiated in that regard with relevant authorities and that developments would be reported upon at the next session of the Committee2.

2. On 24 January 2005 the Organization sent Note Verbale LEG 03/05 to the Permanent Representation of Italy to the United Nations organizations in Rome recalling the above review of the matter by the Finance Committee and requesting that, in view of the importance of the matter for the Organization to be able to attract, employ and retain suitable candidates for positions in the Organization, the issue be considered by the competent authorities of the Italian Republic. The Organization attached to its communication a note providing further information on consideration of the matter within the Governing Bodies of the Organization, the Joint Inspection Unit and on recent agreements whereby the Italian Republic has accepted to facilitate the employment of spouses of, or dependants of employees of international organizations or of diplomatic, consular and technical/administrative personnel. The note verbale, including the note on “Work permits for spouses of staff members of the Organization” is attached hereto as Appendix I.

3. By Note Verbale No 001175 of 2 March 2005, the Permanent Representation to the United Nations organizations in Rome has acknowledged receipt of the above Note Verbale and informed the Organization that that communication was promptly forwarded to the appropriate Italian authorities for their careful consideration. The Note Verbale from the Permanent Representation of Italy to the United Nations organizations in Rome is attached hereto as Appendix II.

4. The Committee is invited to take note of the above information and to offer such views on the matter as it would deem appropriate.


Appendix I

LEG 03/05

NOTE VERBALE

The Food and Agriculture Organization of the United Nations presents its compliments to the Permanent Representation of Italy to the United Nations Organizations in Rome and has the honour to refer to the subject matter of the issuance of work permits to spouses of staff members of the Organization that was raised recently in the course of the proceedings of the Finance Committee of the Organization and in a report of the Joint Inspection Unit of the organizations of the United Nations system.

The Food and Agriculture Organization of the United Nations thus wishes to inform the Permanent Representation that the Finance Committee, at its Hundred and Seventh Session (10-18 May 2004) made a number of enquiries on spouse employment related issues. At that time, the Committee recognized that the issue of spouse employment in Italy was outside the remit of the Organization and was within the purview of the Italian Government. At that time, the Committee requested the secretariat to raise the issue of work permits for spouses with the Government of Italy with a view to facilitating easier access to spousal employment. Subsequently, at its Hundred and Eighth Session (27 September - 1 October 2004), “the Committee requested clarifications on the practices followed by the host government regarding the issuance of work permits to spouses of expatriate staff members”. It was reported to the Committee that informal discussions had been initiated in that regard with relevant authorities and that developments would be reported upon at the next session of the Committee. Subsequently, the Council of the Organization reviewed and approved the reports of the two sessions of the Finance Committee.

The Food and Agriculture Organization of the United Nations wishes to inform the Permanent Representation of the Italian Republic that, meanwhile, it has received a report of the Joint Inspection Unit, which is an external oversight body of the United Nations system mandated to conduct evaluations and inspections on a system-wide basis, entitled “Review of Headquarters Agreements concluded by the Organizations of the United Nations System: Human Resources Issues Affecting Staff”. The report emphasizes that employment opportunities for spouses of United Nations staff members has in recent years become an increasingly important work/life or work/family concern which must be addressed if the United Nations system is to attract, employ and retain the best candidates for jobs in its organizations around the globe. The report recommends that “the legislative bodies of the organizations should bring to the attention of the host countries the desirability of adopting, as appropriate, more liberal policies as regards the granting of work permits or establishing of similar arrangements in favour of the spouses of staff members and officials of international organizations”. As required by the statutory provisions governing the activities of the Joint Inspection Unit, the Director-General will bring this recommendation to the consideration of the Council through the Finance Committee.

The Food and Agriculture Organization of the United Nations has the honour to request the Permanent Representation that, in view of its importance for the Organization to be able to attract, employ and retain suitable candidates for positions in the Organization, the matter be considered by the competent authorities of the Italian Republic. The Organization stands ready to cooperate in such endeavours. The Organization attaches hereto a note providing further information on consideration of the matter within the Governing Bodies of the Organization and on recent agreements whereby the Italian Republic has accepted to facilitate the employment of spouses of, or dependents of employees of international organizations or of diplomatic, consular, and technical/administrative personnel.

The Food and Agriculture Organization of the United Nations considers that the above-mentioned precedents may constitute the basis for the conclusion of an agreement aimed at facilitating the employment of spouses of FAO staff members in Italy.

The Food and Agriculture Organization of the United Nations avails itself of this occasion to present to the Permanent Representation of Italy to the United Nations Organizations in Rome the assurances of its highest consideration.

Rome, 24 January 2005


NOTE ON
WORK PERMITS FOR SPOUSES OF STAFF MEMBERS
OF THE ORGANIZATION

Employment opportunities for spouses of United Nations staff members has, in recent years, become an increasingly important work/life or work/family concern which must be addressed if the United Nations system is to attract, employ and retain the best candidates for jobs in its organizations around the world. The inability of spouses to acquire work permits is a significant work/life concern that can affect the productivity and efficiency of organizations within the United Nations system. The employment prospects for spouses make recruitment more difficult, create a problem in terms of retention of staff, discourage staff mobility and negatively impact the gender balance that most organizations aim to achieve.

Recent consideration of the matter at the Finance Committee of FAO

The matter has been raised recently at the Finance Committee of FAO. At that time, the Finance Committee recognized that the issue falls outside the remit of the Organization and was within the purview of the Italian Government. The Finance Committee also noted that the Headquarters Agreement contained no provision on the subject matter. The Committee “requested the secretariat to raise the issue of work permits for spouse with the Government of Italy with a view to facilitate easier access to spousal employment” (Cf. Report of the Hundred and Seventh Session of the Finance Committee, document CL 127/14, paragraph 82). At its 108th Session, “the Committee requested clarifications on the practices followed by the host government regarding the issuance of work permits to spouses of expatriate staff members. The Legal Counsel reported that discussions had been initiated in that regard with relevant authorities and that developments would be reported upon at the next session of the Committee” (Cf. Report of the Hundred and Eighth Session of the Finance Committee, CL 127/15, paragraph 87). The FAO Council, at its Hundred and Twenty-Seventh Session (22-27 October 2004) reviewed and approved the reports of the Finance Committee.

Joint Inspection Unit Report (JIU/RE/2004/2 – “Review of Headquarters Agreements concluded by the Organizations of United Nations System: Human Resources Issues Affecting Staff

The Joint Inspection Unit is an external oversight body of the United Nations system mandated to conduct evaluations and inspections on a system wide basis. It has recently carried out the above review of the Headquarters Agreements concluded by the Organizations of the system. The first recommendation of this report is that “The legislative bodies of the organizations should bring to the attention of the host countries the desirability of adopting, as appropriate, more liberal policies as regards the granting of work permits or establishing of similar arrangements in favour of the spouses of staff members and officials of international organizations”.

The report provides information on the position of a number of host countries, where organizations or offices of the United Nations system are located, and where work permits are issued to spouses of staff members either on the basis of specific provisions of Headquarters arrangements, or on the basis of practical arrangements.

Thus, all Geneva-based organizations and programmes or funds, have reported that spouses are entitled under the provisions of the host agreements to obtain work permits and that a variety of legal and administrative practices have been adopted to facilitate the processing of such requests. Spouses of staff members of organizations based or with offices in Switzerland are entitled, under Swiss law, to obtain work permits without restriction provided that they live in Switzerland. Similar provisions apply in Quebec in relation to staff members of the International Civil Aviation Organization (ICAO), on the basis of an understanding entered into with the Government of Quebec whereby it has undertaken to facilitate to the spouses of officials of ICAO, as well as to the children residing with them, the issuance of a permit to work in Quebec. The International Maritime Organization, based in London, has reported that spouses of accredited staff members do not need work permits. The International Court of Justice, based in The Hague, also indicated that the spouses of staff members are entitled to work in the Netherlands without obtaining a separate work permit. Spouses of staff members of Vienna-based organizations can obtain work permits, upon application to the Austrian Federal Ministry for Foreign Affairs.

UNESCO has reported that it has been informed by the French authorities in a letter dated 26 March 2004 that the relevant ministries of the Government of France are in agreement to abolish the obstacles which prevent the spouses of staff members of UNESCO from seeking gainful employment in France. The practical modalities of this agreement are yet to be finalized.

Relevant agreements entered into recently by the Italian Republic

1. Memorandum of Understanding – Establishment and Operation of the World Bank’s Representation Office, Rome, Italy, signed on 13 October 1999 and Agreement Concerning the Privileges and Immunities and Exemptions provided for the Staff of the Rome Office, signed on 22 July 2002.

Paragraph 7 of the Agreement of 22 July 2002 provides that “the dependents (including spouses, children and parents) of the employees of the Bank serving with the Rome Office shall be accorded an opportunity to take employment in Italy, and shall be promptly provided by the Italian Government with any clearances or documents that may be required for this purpose”.

2. Agreement between the Government of the Italian Republic and the Government of the United States of America in the form of an exchange of notes concerning a bilateral work agreement relating to the employment of dependents of diplomatic agents, consular personnel and administrative and technical staff of 9 June 1997.

This Agreement is of particular interest and importance as its specific purpose is to establish procedures whereby dependents of diplomatic, consular and technical/administrative personnel are authorized to undertake employment in Italy. It applies to dependents of personnel accredited to missions to international organizations based in Italy. The Agreement establishes in detail the relevant procedures for obtaining authorizations to work, both in Italy and the United States. The Agreement contains a number of provisions on the application of local laws and the immunity. This Agreement was ratified by law N. 53 of 18 February 1999 and published in Gazzetta Ufficiale della Republica Italiana (Serie generale n. 57, 10-3-1999).

3. Agreement between the Government of New Zealand and the Government of the Italian Republic Regarding the Employment of Co-Habiting Dependants of Diplomatic, Consular and Technical/Administrative Personnel of 4 December 2004.

This Agreement would seem to follow precisely the pattern of the Agreement of
9 June 1997 with the United States of America. It is also of particular interest insofar as its specific purpose is to establish procedures whereby dependents of diplomatic, consular and technical/administrative personnel are authorized to undertake employment in Italy. It applies to dependents of personnel accredited to the Holy See or to international organizations that are based in Italy. The Agreement defines inter alia the authorization procedure to be followed in Italy and New Zealand and a number of related procedures and recalls a number of provisions regarding application of local law and the immunity of dependents.


 

Appendix II

Undisplayed Graphic

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1 CL 127/14, paragraph 82.

2 CL 127/15, paragraph 87.