WT/INF/215  
 
27 June 2018  
(18-4078) Page: 1/6 
    
 
NOTE BY THE SECRETAR IAT 
RIGHT TO WORK IN AN ENVIRONMENT FREE FROM DISCRIMINATION,  HARASSMENT  
AND ABUSE OF AUTHORI TY 
The document below sets out the WTO updated policy on harassment prevention*. The topic of 
harassment is a critical issue under any circumstances. Through this updated policy, the WTO 
Secretariat has put in place a series of channels that can be used by its staff to address different 
possible situations, as well as a number of new offices and functions to assist staff members in 
their specific circumstances.  
 
The Director -General is pleased to bring this updated policy to the attention of  all WTO Members 
and Observers, for their information.  
 
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1  PURPOSE AND SCOPE  
1. This Administrative Memorandum elaborates on the relevan t provisions of the WTO Staff 
Regulations, including the Standards of Conduct. It is an integral part of the policy put in place by 
the Director -General pursuant to the 2014 Strategic Review, aimed at promoting a more efficient 
work environment through the  improved protection of staff members' individual rights. In this 
respect, it complements OFFICE(14)/17 (Provisional Procedure for Administrative Investigations 
and Disciplinary Actions), Administrative Memorandum No. 973 (Good offices, Mediation, 
Concilia tion) and Administrative Memorandum No. 974 (Office of Internal Oversight). Together, 
these Administrative Memoranda provide a framework intended to ensure that the WTO is an 
environment free from discrimination, harassment and abuse of authority.  
 
2. The protections afforded by this Administrative Memorandum extend to staff members, 
whether on a regular, fixed -term or short -term contract, as well as to interns, participants in the 
young professionals programme, consultants, and other similarly situated ind ividuals.  
 
2  DEFINITIONS  
3. For the purpose of this and the other Administrative Memoranda referred to in paragraph 1 
above, and without prejudice to the WTO Staff Regulations, including the Standards of Conduct, 
and the Staff Rules:  
 
4. Discrimination is any unfair treatment or arbitrary distinction based on a person's race, sex, 
religion, nationality, ethnic origin, sexual orientation, disability, age, language, social origin or 
other status. Discrimination may be an isolated event affecting one person or a  group of persons 
similarly situated. It may also manifest itself through harassment or abuse of authority.  
 
5. Harassment  is any improper and unwelcome conduct that might reasonably be expected or 
be perceived to cause harm, offence or humiliation to ano ther person. This conduct may aim at the 
personal or professional integrity or both of an individual. Harassment may take the form of words, 
gestures, actions or work decisions which are intended to or have the effect of scaring, abusing, 
demeaning, intimi dating, belittling, humiliating, isolating or embarrassing another, or which create 
                                                
* This document was circulated to all WTO staff on 30 April 2018, in OFFICE(18)/37.  WT/INF/215  
 
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  an intimidating, hostile or offensive work environment. Harassment normally implies a series of 
incidents over a period of time.  
 
6. Sexual harassment  is (i) any unwelcome  sexual advance or request for sexual favour; (ii) 
any invitation of a sexual nature accompanied by explicit or implicit promises of advantage or 
threats of consequence; (iii) embarrassing or unwanted verbal or physical conduct or gesture of a 
sexual natur e; (iv) the exhibiting of pornographic materials, or (v) any other behaviour of a sexual 
nature that might reasonably be expected or be perceived to cause offence or humiliation to 
another. While typically involving a pattern of behaviour, it can take the form of a single incident. 
Sexual harassment may occur between persons of the opposite or same sex. Both males and 
females can be either the victims or the offenders.  
 
7. Abuse of authority  is the improper use of a position of influence, power or authorit y against 
another person. This is particularly serious when a person uses his or her influence, power or 
authority to improperly influence the career or employment conditions of another, including, but 
not limited to, appointment, assignment, contract rene wal, performance evaluation or promotion. 
Abuse of authority may also include conduct that creates a hostile or offensive work environment. 
Discrimination and harassment, including sexual harassment, are particularly serious when 
accompanied by abuse of au thority.  
 
8. For the purposes of this Administrative Memorandum, discrimination, harassment, including 
sexual harassment, and abuse of authority shall collectively be referred to as "prohibited conduct".  
 
9. Managers may make assessments or decisions with  which a staff member may not agree, 
for example about performance or work assignments. Such assessments or decisions do not, in 
themselves, constitute prohibited conduct. Managers have a responsibility to give balanced, frank 
and constructive feedback and  to take appropriate action. Such feedback and action will only 
constitute prohibited conduct if it is biased or used as retaliation against an individual.   
 
3  GENERAL PRINCIPLES  
10. The WTO Standards of Conduct, annexed to the Staff Regulations, recognize t hat "every 
staff member has the right to be treated with dignity and respect, free from abuse or harassment " 
and free from all forms of discrimination (paragraph 12). Consequently, any form of 
discrimination, harassment (including sexual harassment), and a buse of authority within the 
meaning of this Administrative Memorandum is prohibited.  
 
11. The Organization has the duty to take all appropriate measures towards ensuring a 
harmonious and safe work environment, in which staff members act with tolerance, s ensitivity and 
respect for differences, and to protect its staff from exposure to any form of prohibited conduct, 
through preventive measures and the provision of effective remedies when prevention has failed. 
To this end, any allegation of prohibited cond uct shall be examined in accordance with this 
Administrative Memorandum.  
 
4  RESPONSIBILITIES OF STAFF MEMBERS, SUPER VISORS AND THE HUMAN  RESOURCES 
DIVISION (HRD)  
12. In their interactions with other staff members, and in their professional contacts with any  
third party1, staff members shall not engage in or condone behaviour which constitutes prohibited 
conduct under this Administrative Memorandum and the WTO Staff Regulations and Staff Rules.  
Any such prohibited conduct in the workplace or in connection wit h work may lead to disciplinary 
action, whether the prohibited conduct takes place in the workplace, in the course of official travel 
or an official mission, or in other settings. Such prohibited conduct will also be taken into account, 
as appropriate, thr ough the performance management process.  
 
13. The Standards of Conduct place a special responsibility on managers to " set the tone by 
personal example ". They must act as role models by upholding the highest standards of conduct. 
They should never " turn a b lind eye " to instances of discrimination, harassment or abuse of 
powers among their subordinates.  
 
                                                
1 Such as a delegate, trainee, consultant, contractor, contractor's employee, etc.  WT/INF/215  
 
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  14.  Managers shall take all appropriate measures to promote a harmonious work environment, 
free of intimidation, hostility, offence and any form of prohibit ed conduct.  Managers shall ensure 
that complaints of prohibited conduct are promptly addressed in a fair and impartial manner. 
Failure on the part of managers to fulfil their obligations under this Administrative Memorandum 
may be considered a breach of du ty, which, if established, shall be subject to administrative or 
disciplinary action, as appropriate.  
 
15. Directors are responsible for the implementation of this Administrative Memorandum in their 
respective divisions and for holding all direct supervis ors accountable for compliance with the 
terms of this Administrative Memorandum.  
  
16. Direct supervisors shall inform their Director of any complaints. Directors shall inform the 
Human Resources Division (HRD) of all allegations of prohibited conduct. HRD  shall closely monitor 
any such allegations, and the steps taken by direct supervisors and Directors to address them, and 
shall provide them all necessary advice and support.  
 
17. Managers may also seek the advice of the Office of Internal Oversight in the  discharge of 
their responsibilities in respect to prohibited conduct2.  
 
18. The prevention of prohibited conduct is a shared responsibility. Accordingly, staff members 
who observe prohibited behaviour affecting others should not remain passive, but shoul d take 
steps to address the situation, including, as appropriate, offering support to the affected individual, 
or informing a trusted manager, HRD officer, the Staff Welfare Officer, the internal or external 
Mediator or the Office of Internal Oversight (OI O).     
  
5  PREVENTIVE MEASURES  
19. Prevention of prohibited conduct is essential to contribute to a harmonious and safe work 
environment and to protect staff from any form of prohibited conduct. In this regard, the following 
preventive measures will be app lied where appropriate.  
 
20. HRD shall conduct regular programmes for all staff members to raise awareness of the 
Organization's policies on prohibited conduct, to provide guidance on the relevant policies and 
procedures and to foster the creation of a har monious working environment, free from 
intimidation, hostility, offence and any form of discrimination or retaliation.  
 
21. In particular, all staff members shall be required to complete the online training programme 
on prevention of discrimination, harassment, sexual harassment and abuse of authority in the 
workplace. HRD shall also offer targeted training for direct superviso rs, the completion of which 
will be a requirement for advancement to successive levels of responsibility.  
 
22. HRD shall ensure that all new staff members are provided a copy of this Administrative 
Memorandum and other relevant policies upon taking up the ir appointments and that they are 
familiarized with issues relating to prohibited conduct during their induction programme, including 
through completion of the online training programme referred to in paragraph 21, above.   
 
23. Staff members are responsibl e for familiarizing themselves with this and the other relevant 
memoranda mentioned in paragraph 1 above, including the various options and internal channels 
available for them for addressing prohibited conduct.  
 
24. In order to resolve problems which cou ld potentially give rise to instances of prohibited 
conduct, managers shall maintain open channels of communication and ensure that staff members 
who wish to raise their concerns in good faith can do so freely and without fear of adverse 
consequences.  
 
25. If there is a need for confidential guidance or advice on matters which could give rise to 
instances of prohibited conduct, staff members may consult with the Staff Welfare Officer, or seek 
guidance from a member of the Staff Council, Human Resources Dir ector or Office of Internal 
Oversight (OIO).  
  
                                                
2 As provided for in OFFICE(15)/101 – Administrative Memorandum No. 974 . WT/INF/215  
 
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  6  CORRECTIVE MEASURES  
6.1 Practical  steps  
 
26. Staff members who believe they are victims of a prohibited conduct are encouraged to deal 
with the problem as soon as possible. Where possible, aggrieved staff members are encouraged to 
notify the offender of their grievance, inform the person that the beh aviour is unwelcome, and ask 
the person to stop immediately as, in some instances, the alleged offender may not be aware that 
his or her behaviour is offensive.  
 
27. The aggrieved individual is encouraged to keep a written record of events, noting dates a nd 
places, a description of what happened and the names of any witnesses and/or anyone who may 
have information concerning the incident or situation at issue. Records should include a dated and 
timed note of the steps taken by the aggrieved individual to n otify the perceived prohibited 
conduct and what was said by all those involved in this notification.  
 
6.2 Informal  procedures  
 
28. When disparity in power or status or other considerations make direct confrontation difficult, 
aggrieved staff members shoul d not be required to confront the offender.  In such cases, the 
person can address the matter directly to a trusted supervisor or Director, who shall inform the 
individual concerned and take appropriate steps to address the issue. The Manager will make a 
note of the allegation and the action taken. The Manager shall also inform HRD of the issue raised 
and the steps taken to address the matter.  
 
29. Managers have a responsibility to take prompt and concrete action in response to reports 
and allegations of pr ohibited conduct. Failure to take action may be considered a breach of duty 
and result in administrative action and/or the initiation of disciplinary proceedings. Consideration 
can be given to an informal resolution of the issue through mediation. This doe s not preclude an 
individual's right to pursue a formal process, as explained below.   
 
30. In many cases, a situation can be resolved informally. Resort to mediation or conciliation 
under Administrative Memorandum No. 973 (Good offices, Mediation, Concilia tion)3 offers the 
opportunity to resolve a complaint or dispute in a non -threatening and non -contentious manner.  
 
31. At any time staff members may consult with a member of the Staff Council, a Human 
Resources officer, or a direct supervisor.  
 
32. In all  cases, the Staff Welfare Officer or the Medical Service may be consulted for advice. 
Aggrieved individuals are at liberty to consult an outside adviser, such as an occupational 
psychologist or stress counsellor, at their own expense.  
 
33. An unsuccessful attempt to resolve the matter informally does not preclude it from being 
pursued formally under the following provisions.  
 
6.3 Formal  procedure  
 
34. In circumstances where informal resolution is not desired or appropriate, or has been 
unsuccessful, the a ggrieved individual may submit a written complaint to the Office of Internal 
Oversight (OIO) under the Provisional Procedure for Administrative Investigations and Disciplinary 
Actions (OFFICE(14)/17).  
  
6.4 Prevention  of retaliation  
 
35. A staff member wh o raises an issue of prohibited conduct, harassment or abuse of authority 
under this Administrative Memorandum shall not be subject to any form of retaliation, or threat of 
retaliation, either during or after the matter has been addressed. If retaliation s hould occur, it shall 
be subject to disciplinary action.  
 
                                                
3 OFFICE(15)/80 . WT/INF/215  
 
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  36. From the moment a complaint is received by the Office of Internal Oversight (OIO), the 
latter shall take appropriate measures to monitor the status of the aggrieved party, the alleged 
offender and the work unit(s) concerned until such time as the OIO issues its investigation report. 
The purpose of such monitoring shall be to ensure that no party engages or is subjected to 
retaliation or threat thereof as a result of the initiation of an investig ation.  
 
37. Where retaliation or threat thereof is detected, the OIO may take or request the Director -
General to take appropriate actions to protect the individual subject to retaliation or threat thereof 
and ensure that the retaliation or threat thereof c ease immediately.  
 
6.5 Bad  faith or unfounded allegations  
 
38. Staff members must have reasonable grounds before making a complaint of prohibited 
conduct.  
 
39. Allegations of a breach of the WTO Standards of Conduct can have serious consequences; 
knowingly  to make a false allegation, or to threaten to bring a complaint in bad faith, is 
unacceptable and will be subject to disciplinary action.  
 
40. Where good faith complaints are made regarding the WTO Standards of Conduct and these 
are subsequently determine d to be unfounded, the reputation of all staff members concerned shall 
be protected.  
 
6.6 Confidentiality  
 
41. All reports and allegations of prohibited conduct shall be handled with sensitivity and the 
privacy of the individuals concerned shall be protec ted to ensure confidentiality to the maximum 
extent possible. Anyone involved, at any stage, in an attempt to address a case of prohibited 
conduct shall treat the matter as confidential. Any failure to respect the confidentiality of such a 
process may be s ubject to disciplinary action.  
 
6.7 Post-investigation review  
 
42. Once the investigation has been completed and a decision taken on the outcome, 
appropriate measures will be taken by HRD to keep the situation under review. These measures 
may include, but are not limited to, the following:  
 
a. monitoring the status of the a ggrieved party, the alleged offender and the work unit(s) 
concerned at regular intervals in order to ensure that no party is subjected to retaliation 
or threat thereof as a consequence of the investigation, its findings or the outcome. 
Where retaliation is  detected, the Office of Internal Oversight (OIO) shall be promptly 
notified;  
b. ensuring that any administrative or disciplinary measures taken as a result of the OIO 
investigation have been duly implemented;  
c. identifying other appropriate action, in partic ular preventative action, to be taken in 
order to ensure that the objectives of the present policy are fulfilled. HRD may request 
information from the Director of the Division concerned, as necessary.  
7  FINAL PROVISIONS  
43. HRD shall provide annual reports t o the Director -General, which shall include an overview of 
all preventive measures taken with a view to ensuring a harmonious and safe work environment 
that protects staff from prohibited conduct; corrective actions, as well as any review or 
assessments re lating to such measures and/or actions.  
 
44. This Administrative Memorandum shall be reviewed after three years with a view to 
determining whether it has proved effective in addressing prohibited conduct, and identifying any 
changes to improve the operatio n of the policy.   
 WT/INF/215  
 
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  45. This Administrative Memorandum will enter into force on 30 April 2018.  
 
46. Administrative Memoranda 858 and 941 are hereby repealed.  
 
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