Orchestrates Danish-Led Ethics Evasion, Dangles Melkert Off the Record, As Legal
Ruling Is Sought
Matthew Russell Lee of Inner City Press at the UN: News Analysis
UNITED NATIONS, Aug.
23, updated Aug. 24, 10 a.m. -- Six days after the UN Ethics Office urged
the UN Development Program to stop blocking it 73-day old inquiry into
retaliation against whistleblower Tony Shkurtaj, UNDP finally responded, if only
indirectly. UNDP procured from the president of its Executive Board a statement
"suggest[ing]," as a replacement of the Ethics Office proceeding, "a review, led
by one or more individuals who are highly respected internationally, neutral,
and external to UN system."
However, a statement not publicized by UNDP or the Danish mission is said to
provide that this "respected" and purported "external" expert will be chosen
from three names nominated by UNDP Administrator Kemal Dervis. Tony Shkurtaj
told Inner City Press on Thursday that this represents a retaliator choosing the
person who will investigate him -- the fox investigating the hen house.
Shkurtaj's response Thursday came in the form of two letters, one to Dervis, the
other to Secretary General Ban Ki-moon. Shkurtaj is asking that the legal
dispute concerning the Ethics Office's jurisdiction over UNDP be put to the UN's
Administrative Tribunal on an expedited basis.
at the UN's noon briefing, Ban's spokesperson refused to comment on the six-page
letter from the U.S. Mission to Dervis, copied to Ban's chief advisor Kim Won-soo
and Kim's chief of staff, Chris Coleman. "We do not comment on leaked letters,"
the spokesperson said. She later clarified that there would be no comment
because "the letter was not addressed to the Secretary-General." It is unclear
if by this logic she, on behalf of Ban, will provide a comment on Shkurtaj's
August 23 letter to the Secretary-General, click
a copy. The letter was also copied, among others, to OIOS chief Inga-Britt
ramped up its spin machine, gossiping darkly to journalists about the
whistleblower, and quietly scheduling an "off the record" briefing by Associate
Administrator Ad Melkert, not inviting those journalists who report the most on
UNDP. Melkert is said to be slated to spin Friday at 10 a.m. -- at exactly the
same time as Deputy Humanitarian Coordinator Margareta Wahlstrom, whom Melkert
knows, is to brief about the UN's response to natural disasters. This is the
coordination of messages for which the UN is so widely known, thanks to the
Update of August
24, 9:51 a.m. -- The Melkert briefing this morning is off-the-record; Inner
City Press is informed that it will be in Dutch, for Dutch journalists.
Push-back at negative press Melkert's gotten in the Dutch press in the
whistleblower retaliation case? We'll see. A
Sunny story this morning about
U.S. Amb. Khalilzad's surprising stance on the UN Ethics Office's jurisdiction
over UNDP says it conflicts with Amb. Wallace. For now we note that it conflicts
also with what Amb. Alejandro Wolff said earlier in the week at the Security
Council stakeout, video
and Denmark's Carsten Staur, UN Ethics Office not shown (see below)
Thursday, expecting that the Ethics Office stand-off would be discussed, Inner
City Press attended an hour-long informal meeting of UNDP's Executive Board in
the basement of UN Headquarters. (The meeting, with 117 closely-packed
attendees, was in Conference Room 7, which dubiously says it has a capacity of
155.) The Board's chairman afterwards told Inner City Press that the Ethics
Office was not discussed because "you'll see a statement by the [Board]
president this afternoon."
Surprisingly, in the hour of the meeting, only four questions were asked, by
representatives of Cuba, the UK, US and Colombia. U.S. representative Joel
Malkin jokes with other participants, and asked only if the country reports
shown from the first time in September will be voted on in June. (Yes, if you're
wondering.) The UK's representative was keen to know if Kemal Dervis would make
one or two presentations in the opening session of the UNDP Executive Board
also spoke, but not about the buzz in the building that Thoraya Obaid has been
asked to leave in October, or wait to December but receive fewer benefits.
"Another post has been given to Saudi Arabia," an insider told Inner City Press,
"and now Obaid is expendable."
UN program which has been mismanaged, having tarried in getting audited
financial statements done and been opaque in relocation, is the UN Office of
Project Services, UNOPS. Trying to avoid, it seems, the confrontation UNDP is
in, UNOPS' chief counsel has highlighted to all staff information about the UN
Ethics Office -- not that they are "100% applicable," of course:
From: David MITCHELS
Sent: Mon 8/20/2007 4:17 PM
To: UNOPS - ALL STAFF
Subject: Ethics: new documents from UNHQ
New documents from the UN Ethics Office
have been posted on the UNOPS Ethics Information intranet site. The
above-listed documents each provide quick, excellent summaries of specific UN
ethics policies and issues. They are not 100% applicable to UNOPS, because
they are aimed at a Secretariat readership, but they are very useful, simple
guides to these sometimes difficult subjects. The Intro to Ethics Office
Brochure answers common questions about the UN Ethics Office and its policies.
It also explains what exactly the Ethics Office does, and where the UN Ethics
rules come from. The Conflict of Interest Brochure explains how to manage,
avoid, and be aware of conflicts of interest. The Financial Disclosure Program
Brochure explains which staff members the program applies to, and summarizes how
the program works. Lastly, the Protection Against Retaliation Policy Brochure
explains when you are/are not protected by the policy, and what/what not to do
if you suffer retaliation as a result of reporting misconduct. I recommend that
you take some time to review these materials.
many who ought to review before propounding on the policy. From the
transcript of Thursday's noon briefing, with annotations --
Question: There is a letter from the US
Mission to Mr. Benson of the Ethics Office, copied to the 38th floor [names
inaudible] -- [Inner City Press note: it was clear, it was Kim Won -soo
and] Chris Coleman and others, saying... urging once again that the Ethics
Office asserts its jurisdiction, complete its... and citing actually the General
Assembly resolution that took note of the Ethics Office that said that the
Ethics Office should be system-wide. So clearly, however you characterize it,
the stakes have been raised... Another argument has been made for Mr. Benson,
but also the 38th floor, to reconsider whether the Ethics Office should complete
this work. Has that been received by the 38th floor, and what is the status of
the UNDP doing its own inquiry, given that I was just at the Executive Board
meeting downstairs and the issue was not even raised, did not come up? What
Spokesperson: About that leaked letter to
the Ethics Office: I will not comment on that letter addressed to Mr. Benson by
an Ambassador from a Member State. I can only say that the US Mission has been
in touch with the Secretary-General's office, that we have explained to them our
position on the matter, and that the US Mission has expressed its understanding
of the Secretary-Generalís response. As I said yesterday, the Secretary-General
is determined to have ethical norms applied throughout the system. However, at
the moment, the Ethics Office does not have jurisdiction over UNDP. We are now
waiting for the announcement by UNDPís Executive Board of the complementary
external review they have announced. I have nothing more to say on this. What
I will say is that, if you have further questions please go to UNDP.
only has UNDP not answered questions since July 30, and kept silent about
Melkert's August 24 "off the record" press availability -- Kemal Dervis has held
only two press conferences in over two years.
Question: Is there going to be a briefing
any time soon?
Spokesperson: Please talk to them.
Question: One last thing. I want to
understand this idea of leaked letters. Often here we will ask you, saying a
Government has called on the UN to do something. And you respond to it. Youíll
say, yes, we have noticed that... and a call for action, and we say this.
Spokesperson: Well, this was not
addressed to the Secretary-General of the United Nations.
Neither are the pleas of internally displaced people in Somalia (Ms. Montas
said, let them write to Nairobi.).
Question: But it was
cc-edd to his...
Spokesperson: It was
not addressed to the Secretary-General of the United Nations.
One reporter --
not this one -- muttered, but it was sent to the functional Secretary-General.
the promised Danish statement, also annotated:
STATEMENT BY THE PRESIDENT OF UNDP /
UNFPAs EXECUTIVE BOARD
23 August 2007
"The UN Board of Auditors (UNBOA) is
preparing to begin the second phase of an external audit of the operations of
UNOPS, UNICEF, UNFPA, and UNDP in DPRK, as requested by the UN
However, as noted by the UNBOA, the second
phase of the audit will not cover the full range of issues and allegations that
have been put forward regarding UNDP's operations in DPRK. As President of the
Executive Board, I have, therefore, suggested the undertaken of a complimentary
review, led by one or more individuals who are highly respected internationally,
neutral, and external to UN system. The review would look into all of the issues
that are not covered by the UNBOA, including allegations of retaliation against
individuals who have raised concerns and other complaints. UNDP Senior
Management fully supports the external review and has assured that it will
cooperate fully and make sure that all relevant documentation and information
are made available to the independent review team.
Note: This line makes it clear
to some that "the fix is in;" moreover, UNDP admits to not having information is
needed, information that Inner City Press is told will only be provided to the
In addition to the allegations related to
UNDP's operations in DPRK, the review might also examine UNDP's broader
accountability and oversight policies, including protection of whistleblowers.
The policies on these matters will also be discussed when the Executive Board
meets in September.
The Secretary General has welcomed the
plan to appoint such a team and proceed with an independent review.
This also says to some that the
fix is in. Ban's spokesman continued to claim that he would have wanted
coherence on this, but can't "overrule" Dervis -- while Denmark since he has
already "welcomed" an end run against his own Ethics Office.
Preliminary discussions have been held in
the Bureau of the Executive Board where support in principle for such a review
has so far been indicated.
Together with members of UNDP/UNFPA
Executive Board, I will continue to work on the details, including ensuring
endorsement of the Terms of Reference for the review and the selections of the
individual(s) to head the independent review team.
Carsten Staur, Ambassador, Permanent
Representative to the UN [of Denmark] and President of the UNDP/UNFRP Executive
of Reference circulated reportedly mention the Pyongyang counterfeit, call the
whistleblower a mere "contractor," and say that Dervis would nominate the three
final contestants for the (thankless) post. Make it a TV show: Who Wants to
Participate in a Cover-up? Developing
* * *
here for a
AlertNet piece by this correspondent about Uganda's Lord's Resistance Army.
for an earlier
piece by this correspondent about the Somali National Reconciliation Congress, and the UN's
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