Bonum Certa Men Certa

The Central Staff Committee of the EPO Remarks on Unlawful Censorship by the Office

Original letter from the EPO's Central Staff Committee [PDF]

Institutionalised injustice



Summary: "Institutionalised injustice," a new publication by the EPO's Central Staff Committee (CSC)

Zentraler Personalausschuss Central Staff Committee Le Comité Central du Personnel

Institutionalised injustice



Munich, 14.08.2020 sc20125cp – 0.2.1/5.2

Dear colleagues,

You may wonder why on earth the CSC is publishing now two documents dated October 2016 relating to the internal justice system of the EPO (a presentation and an open letter to PD43). Well, there is a simple explanation for this.

The internal Appeal Committee (ApC) has recently found that the Office was wrong in refusing the publication of the two documents. The President of the Office has finally decided to follow the unanimous opinion of the ApC. As a result, almost four years later, the documents can be published on the Intranet at last!

The Appeals Committee will publish in-house abstracts from the final decision and from the opinion of the ApC. In the present case of censorship, we consider it legitimate to inform you without further delay about basic principles of freedom of speech, as unanimously confirmed by the ApC:

- Freedom of speech is part and parcel of freedom of association. Those freedoms are not absolute or unconditional. It is therefore not illegitimate for an Organisation to prevent publications containing incorrect information, or statements impairing the dignity of international civil service or grossly abusing freedom of speech. However, this exercise has its limits.

- As regards factual correctness, taking an overall view of the presentation objected to by the Administration, the ApC found it impossible to accept that two deviations from actual official figures were grave enough to be capable of justifying refusal of publication.

- Staff representatives may criticise the Office’s policies and actions, even sharply, as long as the language used is not injurious or defamatory, albeit robust. This is rather to be seen as a manifestation of the political jousting between management and staff bodies that is part and parcel of the life of a healthy International Organisation.

- It is essential for staff members to have knowledge of the various positions discussed between the Administration and the Staff Committee on matters of general interest for staff. This ensures that the Administration can be exposed to a degree of accountability to staff for policy decisions affecting them.

The ApC unanimously concluded that censorship was neither appropriate nor proportionate and that the refusal to publish both documents was tainted by illegality.

In addition it also found aggravating circumstances in the way how the Office handled the CSC requests, by delaying a response and then failing to respond altogether. The ApC also had “some difficulty in understanding” the Administration when it then raised a receivability objection with no serious arguments at the appeal stage.

The case illustrates the incontrovertible fact that the delays in the internal justice system make judicial redress of abuse of power by the Administration an illusory exercise in many cases, especially in cases of censorship. This is why we usually also make our publications available to the two unions for them to publish them as well, if they so wish. However, to be fair, the current President of the Office has been much more liberal than his predecessor as far as publications by the Staff Committee(s) are concerned.

The Central Staff Committee

Recent Techrights' Posts

2025 Will be Fought and Fraught With LLM Slop or Fake 'Articles' (Former Media/News Sites Turning to Marketing Spam)
The elephant in the room?
Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 26/12/2024: Japan-China Mitigations and Mozambique Prison Escape (1,500 Prisoners)
Links for the day
Links 26/12/2024: Ukraine's Energy Supplies Bombed on Christmas Day, Energy Lines Cut/Disrupted in the Baltic Sea Again
Links for the day
Gemini Links 26/12/2024: Rot Economy, Self-hosted Tinylogs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 25, 2024
IRC logs for Wednesday, December 25, 2024
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024