FAMILY STATUS FOR PURPOSES OF UN ENTITLEMENTS

							             FAMILY STATUS FOR PURPOSES OF UN ENTITLEMENTS

                  Answers to possible questions from the press
                         after issuance of ST/SGB/2004/4
            “Family status for purposes of United Nations entitlements”

   Does the UN recognize “gay marriages” and “civil unions”?

    The consistent practice of the UN over the years has been to determine the family
    status of its staff member by reference to the law of nationality of each staff
    member. In this manner, the Organization respects the social, religious and cultural
    diversity of the Member States and their nationals.

    There has been a growing trend over the past few years in several Member States
    towards recognition of same-sex marriages, or recognition of domestic partnerships
    which may involve partners of the same or different sex. The bulletin acknowledges
    this trend and simply extends to these new situations the existing practice of
    accepting as a fact the family status of UN staff members as determined by the laws
    of the country of their nationality.

   Why is the policy issued now? Is this a criticism of President’s Bush position
    against recognition of same-sex marriages, as most recently expressed in his
    State of the Union message?

    The policy reflects the views publicly expressed by the Secretary-General on the
    subject in August 2003. The matter was discussed afterwards with other
    organizations and agencies of the UN common system. The bulletin simply
    formalizes a policy that was in the making for several years.

    The bulletin is dated 20 January 2004. The Secretary-General had approved it
    earlier but the text was sent for publication on 20 January, before the State of the
    Union message was delivered.

    The Secretary-General is aware that a number of Member States are opposed to
    the recognition in principle of the validity of same-sex marriages and domestic
    partnerships. There is intense political debate on the issue within several Member
    States. The new policy does not react to these debates, nor does it affirm in general
    the validity of same-sex marriages or domestic partnerships. It is neutral: the UN
    follows and acts upon the determination of the family status of its staff members
    made under the law of the country of their nationality.


   What is the basis for this determination? Does the Secretary-General have
    authority to do that? Why did he not do it before?

    The UN is not able to elaborate universal rules governing validity of marriage since
    national laws on marriage are as diverse as national cultures. The UN must respect
    this diversity of culture. This is why it deals with such matters by reference to the
    law of nationality of the staff member: if a marriage is recognised by the law of
    nationality of the staff member, it is accepted by the United Nations. The Secretary-
    General has extended this long-standing policy to domestic partnerships or civil

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    unions since some Member States have now extended marriage benefits to those
    unions and respect for national diversity required that this be taken into account by
    the Organization in respect of staff from those States.

   What is the effect of the new policy for the staff members concerned?

    Staff members who have entered into a same-sex marriage or a domestic
    partnership legally recognized by the law of the country of their nationality will
    receive for the same-sex spouse or the domestic partner (of either sex) the same
    benefit as for a “spouse” who is considered as an eligible family member, for
    instance travel to and from the duty station, home leave travel, dependency benefits
    and health insurance.

   Will host countries have to issue an entry visa to same-sex spouses or
    domestic partners of staff members?

    Issuance of visas remains governed by the General Convention on Privileges and
    Immunities. It is not possible to predict the reaction in each of the 191 Member
    States. The Organization will do its best to facilitate issuance of an appropriate visa
    in each case.

   What will the UN require to acknowledge either a same-sex marriage or a civil
    union?

    For same-sex marriages, and upon confirmation from the Permanent Mission of the
    country of nationality of the staff member that the laws of that country recognizes
    same-sex marriages, the Organization will consider that a same-sex spouse is an
    eligible family member on the basis of a marriage certificate – as is done currently
    for more traditional forms of marriages.

    For domestic partnerships, the Organization will in every case request from the
    Permanent Mission of the country of nationality of the staff member formal
    confirmation that the laws of that country recognize the existence and validity of the
    domestic partnership entered into by the staff member.

   Which countries?

    We understand that same-sex marriages are formally recognized in the
    Netherlands. Several other countries are considering a similar recognition.

    Domestic partnerships are recognized in one form or another in a number of other
    countries.

    The Organization will act upon confirmation of the situation by each Permanent
    Mission.




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   If a staff member has several nationalities and the national law of only one
    country recognize the validity of a same-sex marriage or domestic
    partnership, can the staff member pick and chose which law will apply?

    No. The determination will be made by reference to the country “with which the staff
    member is, in the opinion of the Secretary-General, most closely associated”, as is
    done for all other purposes under the Staff Regulations and Rules under staff rule
    104.8(b).

   Would the UN pay benefits to a US staff member who has registered a
    domestic partnership under the laws of one State?

    The UN is not in a position to determine constitutional law issues regarding the
    respective powers of the federal government and each of the 50 states in matters of
    personal status. We will act on the basis of the determination provided by the US
    Mission to the UN.

   What is the practice in other international organizations?

    The International Monetary Fund and the World Bank have recognized domestic
    partnerships for several years. The basic requirement is that the partners have to
    establish cohabitation for at least one year. Staff members get travel benefits and
    medical insurance for their domestic partner but no dependency benefits.
    insurance, but no dependency benefits.




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