UN Special Is Ed Agencies Vs UN Programmes
UN Special Is Ed Agencies Vs UN Programmes
UN Special Is Ed Agencies Vs UN Programmes
7 June 2010
Summary
This note serves to help clarifying the basic differences between United Nations Specialised Agencies versus
United Nations Programmes, in relation to their legal bases, founding instruments, mandates and source of
financing. It is not intended to provide any analysis on the advantages or disadvantages of either body.
Information Paper Comparing UN Specialised Agencies and UN Programmes
Introduction
UN Specialised Agencies
The main link the UN Charter provided for was through the Economic and Social Council
(ECOSOC), one of the principle organs of the UN. The UN recognized the autonomy of specialised
agencies through their individual basic instruments but also required that the members of
specialised agencies be brought into a relationship with the United Nations General Assembly
(UNGA) through agreements made between the agency and the ECOSOC. All of the agreements
were approved by the UNGA and each stipulated that specialised agencies should coordinate their
activities through consultations with the UNGA and that the agreements recognize that the UNGA
may make recommendations to the specialised agency.2 Normally, the agreements with the UN
also refer to aspects related to membership, cooperation with other specialised agencies, non-
voting participation and budget and finance. The legal personality and the degree of autonomy of
the specialised agency is dependent on the specific provisions in the instrument establishing the
agency. Specialised agencies also have locus standi to request advisory opinions from the
International Court of Justice, as long as this is within the scope of their activities.3
Under the UN system, the number of specialised agencies grew rapidly in the 1960s and 70s and
now there are over 16 agencies including agencies such as the World Meteorological Organisation
1
Article 55 and 56 of the UN Charter.
2
Article 63 UN Charter.
3
Article 96 (2) UN Charter.
2
(WMO), Food and Agriculture Organisation (FAO), World Intellectual Property Organisation
(WIPO), and United Nations Educational, Scientific and Cultural Organisation (UNESCO). The
United Nations Industrial Development Organisation (UNIDO) was the last agency created after
being converted from the UN Industrial Development in 1985.
The Bretton Woods Institutions, the World Bank (WB) International Monetary Fund (IMF) and
International Bank of Reconstruction and Development (IBRD), were established in 1944 before the
establishment of the UN system and are often regarded as completely independent of the UN.
While it is true that the influence the UN has on the Bretton Woods Institutions has been guarded
by some governments and the influence the UN has had over the institutions has been less
compared to the other specialised agencies, the Bretton Woods Institutions are technically
considered to be specialised agencies and they do coordinate their activities through the ECOSOC.
A distinction, however, should be made between specialised agencies that are linked directly with
the UN through the Charter and those that are intergovernmental organisations but are not formally
linked and the main example here is the World Trade Organisation (WTO). The WTO was
established in 1995 to incorporate all agreements that existed under the General Agreement on
Tariffs and Trade (GATT) and put them under one organisational roof, governed by one common
dispute settlement system. The Marrakech Agreement which established the WTO provides that its
General Council, the principal decision-making body of the organisation may, as appropriate, enter
into arrangements with other international organisations but there is no explicit mention of the UN in
the agreement. The WTO’s relationship with the UN is governed by a separate agreement with the
UN called, Arrangements for Effective Cooperation with other Intergovernmental Organisations-
Relations between the WTO and the United Nations.4 The WTO is therefore not a member of the
ECOSOC but coordinates its activities through the annual meeting of Senior Officials of the Bretton
Woods Institutions, WTO and United Nations Conference on Trade and Development (UNCTAD)
as well as the annual high-level ECOSOC Session that is held in Geneva. It also participates in the
Secretary General’s Chief Executive Board for coordination (CEB) along with the rest of the UN and
Bretton Woods systems.
Governance
The governance and structure of specialised agencies generally follow a similar pattern but some
agencies do have certain variations depending on the nature and scope of the agency’s work. Most
agencies have some form of balance between universality whereby all the members are expected
to participate and a smaller representative group works inter-sessionally on necessary matters. For
example, the WHO has near universal membership of 192 member states and is governed by the
World Health Assembly which is the supreme decision making body and composed of the whole
membership. In addition, an Executive Board of 34 members elected by the Assembly, who are
technically qualified as individuals, carries out the decisions and policies of the Assembly in
between its meetings. Within the WHO system there are also 6 regional committees that have large
autonomy for setting regional policy and priorities and for electing their regional directors. The ILO
is another example that has certain unique characteristics particular to the nature of its mandate.
Similar to other specialised agencies its has a principal assembly of all its members called the
International Labour Conference (ILC) which sets general policy, the programme of work and
adopts new labour codes, but it is the smaller Governing Body of 28 Members that works through
the first draft of any decision going before the ILC. The Governing Body is particularly unique
because, in addition to governments, there is also equal representation of worker and employer
groups. (See Table below for comparison)
4
See WTO www.wto.org/english/theWTO_e/coher_e/wto_un_e.htm
3
Most specialised agencies have developed conventions and treaties under their auspices in order
to further carry out and implement their work. Unlike treaties negotiated under the UN subsidiary
bodies these instruments do not require UNGA adoption to come into effect but rather are adopted
by the governing bodies of the specialised agencies and administered under the secretariat.
Examples of such treaties and conventions include the ILO labour standards, UNESCO’s
Convention for the Safeguarding of the Intangible Cultural Heritage, and FAO’s Code of Conduct for
Responsible Fisheries. Many specialised agencies also have other international instruments, such
as standards, that guide national implementations and maintain collective international cooperation
on the issue (i.e. WHO’s health standards, the WHO/FAO Codex Alimentarius, Standards and
Recommendations under the Convention on International Civil Aviation of the International Civil
Aviation Organisation (ICAO), or the International Atomic Energy Agency’s Code of Practice on the
International Transboundary Movement of Radioactive Waste: The IAEA Code of Practice).
Funding
The core funding of specialised agencies is through assessed contributions which is normally
based on the UN rating system and calculated on the basis of countries’ national income. The
calculation also takes into account other factors including maximum and minimum ceilings.
Specialised agencies do not receive any funds from the UN regular budget but trust funds and
voluntary funding are commonly used to supplement core funding and usually account for 40-50%
of their total funding. The Bretton Woods Institutions are the only specialised system that do not
follow the UN’s assessed contribution system but rather have their own contribution system based
on voting rights.
There are more than 15 specialised agencies currently established under the UN, including:
Below, a comparison is made between the International Labour Organisation (ILO), the Food and
Agriculture Organisation (FAO), the World Health Organisation (WHO) and the World
Meteorological Organisation (WMO).
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Entity Legal basis Governance structure Mandate and scope Funding
ILO Established by a) A General Conference and a a) Objectives Arrangements for the
Constitution in 1919. Governing Body: budget are determined by
Became UN 1. Promote and realize standards and fundamental the Conference. The
Specialised Agency in The General Conference consists of principles and rights at work regular budget consists of
1946. member delegations, comprising assessed contributions
each two government representatives 2. Create greater opportunities for women and men to
secure decent employment and income from member states.
as well as one employer and one
worker representative. 3. Enhance the coverage and effectiveness of social The 2008 level of
protection for all resources approved for
The Governing Body is composed of ILO projects was at
4. Strengthen tripartism and social dialogue around $302 million.
56 members (28 Governments, 14
Employers and 14 Workers). Ten of b) Norms and conventions In 2008 US$185 million
the government seats are worth of technical
Each of the Members agrees to make an annual report
permanently held by States of chief cooperation projects and
to ILO on the measures which it has taken to give effect
industrial importance (Brazil, China, programmes were
to the provisions of Conventions to which it is a party.
France, Germany, India, Italy, Japan, implemented.
These reports are made in such form and contain such
the Russian Federation, the United
particulars as the Governing Body requests.
Kingdom and the United States). The
other Government members are
elected by the Conference every
three years. The Employer and
Worker members are elected in their
individual capacity.
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Entity Legal basis Governance structure Mandate and scope Funding
and make recommendations to agricultural science and practice; Programme, information
Members and international and general policy,
organisations. c. the conservation of natural resources and the direction and
adoption of improved methods of agricultural administration.
The Council is the executive organ of production;
the Conference. It has 49 Members, In 2007, US$505 million
elected for three-year terms on a d. the improvement of the processing, marketing and paid for 1615 active field
rotating, geographically equitable distribution of food and agricultural products; programme projects, of
basis, and has powers delegated to it e. the adoption of policies for the provision of which 520 were
by the Conference. The Council adequate agricultural credit, national and emergency operations
meets at least four times between international; amounting to US$250
regular Conference sessions. In million across all funding
particular, it exercises functions f. the adoption of international policies with respect to sources and accounting
dealing with the world food and agricultural commodity arrangements. for 49.5 percent of total
agricultural situation and related 3. And: delivery.
matters, current and prospective
activities of the Organisation, a. to furnish such technical assistance as The technical cooperation
including the Programme of Work and governments may request; field programme
Budget, administrative matters, amounted to US$255
b. to organize, in cooperation with the governments million, of which FAO
financial management of the
concerned, such missions as may be needed to contributed 10.7 percent
Organisation, and constitutional
assist them to fulfil the obligation arising from their with the remainder coming
questions.
acceptance of the recommendations of the United from outside sources:
b) The Director-General, elected by the Nations Conference on Food and Agriculture and Trust Funds – 72.0
Conference for a six-year term is also of this Constitution; and percent, unilateral trust
a member of the CEB. funds – 15.9 percent, and
c. generally to take all necessary and appropriate
the United Nations
action to implement the purposes of the
Development Programme
Organisation as set forth in the Preamble.
– 1.4 percent.
b) Norms and conventions
6
Entity Legal basis Governance structure Mandate and scope Funding
reviews and approves the Proposed 7) monitoring and assessing health trends. million.
programme budget. It similarly
considers reports of the Executive
Board, which it instructs in regard to
matters upon which further action,
study, investigation or report may be
required.
The Board comprises 34 persons
technically qualified in the field of
health, which are elected by the
Assembly for three year terms,
including three persons from
established regional organisations.
The Board meets biannually. The
main functions of the Board are to
give effect to the decisions and
policies of the Health Assembly, to
advise it and generally to facilitate its
work.
b) The Director-General is appointed by
the Health Assembly on the
nomination of the Executive Board
and part of the CEB.
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Entity Legal basis Governance structure Mandate and scope Funding
of the United Nations associations and technical activities; may be required to
commissions and guides their work approve the annual
programme, provides technical 5. Promote activities in operational hydrology and to expenditures of the
information, counsel and assistance further close cooperation between Meteorological and Organisation within the
in the fields of activity of the Hydrological Services; limitations determined by
Organisation and studies and takes Congress.
action on matters affecting 6. Encourage research and training in meteorology and,
international meteorology and related as appropriate, in related fields, and to assist in Article 24
activities. coordinating the international aspects of such research The expenditures of the
and training. Organisation shall be
The Council is composed of 37 apportioned among the
directors of National Meteorological Members of the
or Hydrometeorological Services, Organisation in the
serving in an individual capacity. proportions determined by
They include the President and three Congress.
Vice-Presidents who are elected by
Congress, and the presidents of the Figures for the fifteenth
six regional associations, by whom financial period from 1
they are elected. The remaining 27 January 2008 to31
members are elected by Congress. December 2011:
Acting members are elected by the
Executive Council if any place Executive Council has
becomes vacant before the next been authorized to incur
Congress. expenditures of CHF
269.8, million of which
CHF 249.8 million shall be
b) The Secretary-General is appointed from the assessed
by Congress, the supreme body of 5
contributions and shall
the Organisation, for a four-year term. serve as the starting point
Following the decision of Thirteenth for the assessed
World Meteorological Congress contributions budget level
(Resolution No. 36), a Secretary- for the sixteenth financial
General can serve a maximum of period, and the balance of
three four-year terms. CHF 20 million shall be
from other regular
resources (rental income,
support cost income,
interest and other
income), and the division
of such expenditures into
expected results as shown
5
The latest United Nations scales of assessments approved by the United Nations General Assembly should be used as the basis for the calculation of the WMO scales of
assessments, duly adjusted for differences in memberships.
8
Entity Legal basis Governance structure Mandate and scope Funding
in Annex 1 to this
resolution;
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UN Programmes
UN Programmes do not have the same clear distinction under the UN as compared to specialised
agencies. UN Programmes are considered subsidiary organs of the UNGA under Article 22 of the
Charter. Article 22 is very vague in describing the details of the governance and links of the
subsidiary organs but through general practice the article has typically been used to establish
several different types of organs such as boards, committees, councils, commissions, panels and
working groups. The vagueness of Article 22 has lent itself to allowing more flexibility for the UNGA
to create various types of entities in order to carry out its work. These have varied from more
permanent arrangements, such as the creation of governing councils (i.e. UNEP Governing
Council), Boards (i.e. UN Development Executive Board), and Commissions (i.e. UN Commission
on Sustainable Development) to time-bound arrangements on narrower issues, such as working
groups. Many of the programmes set up under Article 22 have assumed certain but limited legal
personality as necessary to carry out their work and operational independence. However, most
matters still derive their legal personality from the UNGA and follow UN rules and procedures as
adopted by the UNGA. Decisions taken by UN Programmes and other subsidiary organs do not
become effective until they have been reviewed and adopted by the UNGA. Many UN subsidiary
organs have secretariats to implement the work of the organ.
Governance
Although there are no set rules under Article 22, UN progammes tend to have small governing
councils made up of between 30-60 members, while membership is generally open to all UN
member states. Some UN programmes have set limits for serving consecutive terms and
conditionality that members are in good standing with the issue. Membership is also normally
regionally balanced. Unlike specialised agencies, UN programmes do not have separate
instruments establishing them as organisations, rather their establishment generally comes from
GA resolutions and each resolution has variations in specificity of how the programme is governed.
In general, the resolution establishes the mandate of the programmes, its functions, its relationship
to ECOSOC or the GA along with other UN and specialised agencies, rules of procedures, funding
and decision making, and the role of their secretariats.
A very limited number of UNGA subsidiary organs act as administrative bodies for treaties and
conventions. For example, UNEP has a number of regional and international instruments for the
protection of the environment that require secretariat functions. One of the main reasons for the
development of treaties under UNEP is the normative nature of the programme as compared to
other programmes that tend to be more operational with a physical presence in many developing
countries.
Funding
Funding for UN programmes comes normally from two types of sources. The UN regular budget
provides a certain level of funding for UN staff posts and the rest of the funds come from voluntary
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contributions, designated trust funds set up for the purposes of fulfilling the work of the
programmes, or earmarked funds for specific projects undertaken by the programme.
There are more than ten funds and programmes currently established under the General
Assembly6:
Below, a comparison is made between UNEP, United Nations Development Programme (UNDP),
the World Food Programme (WFP) and the United Nations Office of the High Commissioner for
Refugees (UNHCR).
6
Indented names are under the authority of the previous programme/fund.
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Entity Legal basis Governance structure Mandate and scope Funding
UNEP Established by a) A Governing Council, consisting a) To promote international cooperation in the field of the Voluntary contributions to
General Assembly of 58 member states, which environment and to recommend, as appropriate, policies the Environment Fund,
(GA) resolution represent the UN regions in an to this end; earmarked contributions
2997 (XXVII) of 15 equitable manner. to trust funds, counterpart
December 1972. b) To provide general policy guidance for the direction and contributions, and
b) Membership to the Governing coordination of environmental programmes within the contribution from the UN
Council rotates on a biennial United Nations system; Regular Budget.
basis with half of the members
being elected by the GA at a c) To receive and review the periodic reports of the Biennial budget 2008-
time for a four-year term. Executive Director of UNEP on the implementation of 2009:
environmental programmes within the United Nations
c) The Governing Council reports system; US $306.7 million
annually to the GA through the
Economic and Social Council d) To keep under review the world environmental situation
(ECOSOC), which transmits to in order to ensure that emerging environmental problems
the Assembly such comments on of wide international significance receive appropriate and
the reports to questions of co- adequate consideration by Governments;
ordination and to the relationship e) To promote the contribution of the relevant international
of environmental policies and scientific and other professional communities to the
programmes within the United acquisition, assessment and exchange of environmental
Nations system to overall knowledge and information and, as appropriate, to the
economic and social policies and technical aspects of the formulation and implementation
priorities. of environmental programmes within the United Nations
d) The Global Ministerial system;
Environment Forum is convened f) To maintain under continuing review the impact of
annually to review important and national and international environmental policies and
emerging policy issues in the measures on developing countries, as well as the
field of the environment, with the problem of additional costs that may be incurred by
Governing Council constituting developing countries in the implementation of
the forum. environmental programmes and projects, and to ensure
e) The GC/GMEF meets every two that such programmes and projects shall be compatible
years for its regular sessions at with the development plans and priorities of those
UNEP’s Nairobi headquarters countries;
and every other year for special g) To review and approve the programme of utilization of
sessions upon invitation in resources of the Environment Fund.
member states.
f) The Committee of Permanent
Representatives supports
g) The Executive Director supports
the Governing Council in the
execution of its duties and is
elected by the General Assembly
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Entity Legal basis Governance structure Mandate and scope Funding
for four year terms.
13
Entity Legal basis Governance structure Mandate and scope Funding
Board superseded Food and Agricultural programmes, projects and activities submitted to it by by the Board; announced
the 20-member Organisation annually. Each the Executive Director. In respect to such approvals, during periodic resource
intergovernmental member serves three-year however, it may delegate to the Executive Director consultations; committed
committee through terms and is eligible for re- such authority as it may specify; on an ad hoc basis by
General Assembly election. donor governments and
resolution 50/8 d) To review, modify as necessary, and approve the bilateral institutions; made
and FAO Council c) Interested member states and budgets of programmes, projects and activities, and in response to appeals;
resolution 9/95 on those under consideration of review the administration and execution of approved through other fund-raising
1 January 1996. the Board may participate in the programmes, projects and activities of WFP; activities, including in the
sessions without the right to private sector; and made
vote. e) To report annually on WFP's programmes, projects and
activities including major decisions of the Board to the in any other manner as
d) The Executive Board is under substantive session of the Economic and Social may be determined by the
the authority of ECOSOC and Council and the Council of FAO. General Assembly of the
the FAO Council. United Nations.
e) The Executive Board holds Budget 2009:
three sessions per year at US$ 4,021,778,242
Headquarters in Rome: one
Annual Session and two
Regular Sessions.
f) The Executive Director is
appointed jointly by the United
Nations Secretary-General and
the Director-General of the
FAO for five-year terms.
UNHCR Established by a) An Executive Committee a) Promoting the conclusion and ratification of Funds are almost entirely
ECOSOC comprising of 78 members, international conventions for the protection of refugees, provided by voluntary
resolution 672 elected by ECOSOC on the supervising their application and proposing contributions, with 93
(XXV) of 30 April widest possible geographical amendments thereto; percent coming from
1958 basis from those states with a governments. A further 4
demonstrated interest in, and b) Promoting through special agreements with percent comes from inter-
devotion to, the solution of the Governments the execution of any measures governmental
refugee problem. calculated to improve the situation of refugees and to organisations and pooled
reduce the number requiring protection; funding mechanisms,
b) The Executive Committee while the remaining 3
reports directly to the General c) Assisting governmental and private efforts to promote
percent is from the private
Assembly. voluntary repatriation or assimilation within new
sector, including
national communities;
foundations, corporations
c) The Executive Committee
d) Promoting the admission of refugees, not excluding and the general public. In
meets annually at its Geneva
those in the most destitute categories, to the territories addition, the agency
headquarters.
of States; receives a limited subsidy
d) The Executive Committee does from the UN regular
not substitute for the policy e) Endeavouring to obtain permission for refugees to budget for administrative
making functions of the General transfer their assets and especially those necessary for costs, and accepts so
14
Entity Legal basis Governance structure Mandate and scope Funding
Assembly or ECOSOC but has their resettlement; called "in-kind"
its own executive and advisory contributions, including
functions. f) Obtaining from Governments information concerning relief items such as tents,
the number and conditions of refugees in their medicines, trucks and air
e) The High Commissioner is territories and the laws and regulations concerning transport.
elected by the General them;
Assembly for a term of three Budget 2009:
years. g) Keeping in close touch with the Governments and inter-
governmental organisations concerned; US$ 1.3 billion
US$ 765 million for
h) Establishing contact in such manner as he may think supplementary appeals.
best with private organisations dealing with refugee
questions;
Facilitating the co-ordination of the efforts of private
organisations concerned with the welfare of refugees.
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