Been reading your Blog on UNDP

and thought this would be of interest...

http://www.whistleblower.org/template/index.cfm

10/11/2007

UNDP Draft Whistleblower Protections Inadequate


In the past few months, numerous whistleblowers have come forward with allegations of corruption and retaliation at the United Nations Development Program (UNDP).

Many of them believed that they would be protected by UN Secretary General Bulletin ST/SGB/2005/21 (SGB), approved in December 2005, entitled "Protection against retaliation for reporting misconduct and for cooperating with duly authorized audits or investigations." Recent developments, however, show that they were mistaken.

They have been told that UNDP has opted-out of coverage by the SGB in favor of its own protection policy. GAP, which provided counsel and technical assistance in the formulation of the SGB, has obtained a draft copy of the UNDP policy, dated September 20, 2007. This "Updated UNDP Legal Framework for Addressing Non-Compliance with UN Standards of Conduct," sets out UNDP's procedures for investigating misconduct and retaliation. Although the UNDP Framework has not yet been finally approved, the Legal Support Office maintains that its provisions are currently in use as a guide for investigating retaliation.

To address the discrepancies between the two policies, GAP has prepared a comparison of the proposed whistleblower provisions in the UNDP Legal Framework and the SGB, using "International Best Practices for Whistleblower Policies at Intergovernmental Organizations" as a guide. GAP found the UNDP Legal Framework to be substantially weaker than the SGB in several key areas including: due process rights, the statute of limitations, staff covered, the burden of proof, interim relief measures, retaliation sanctions and the provisions for reporting misconduct through external channels.

The UNDP Legal Framework often borrows paragraphs virtually verbatim from the SGB, deleting (or adding) only select words and phrases, apparently for the purpose of restricting the scope of coverage and compromising the objectivity of investigations. In doing so, the UNDP Legal Framework weakens the original policy developed for the organization.

Overall the UNDP Legal Framework also disregards the developments of the past two years during which management, staff, and member states have shown a determination to move the United Nations system toward an integrated and impartial internal justice system.

Click here to read GAP's comparison between the UN and UNDP policies.

Click here to read a chart comparing International Best Practices, the UN and UNDP policies.

Click here to read the Updated UNDP Legal Framework for Addressing Non-Compliance with UN Standards of Conduct

Click here to read International Best Practices for Whistleblower Policies at Intergovernmental Organizations


(The information above was received from a kind person who sent me an e-mail in this regard.)


On 20 December 2005 The Government Accountability Project (GAP) praised the United Nations for issuing a new standard of whistleblower protection in an anti-retaliation policy released today as a Secretary General’s Bulletin.

Then on 26 July 2007 The New York Sun reported in an article “Whistleblower Cases Highlight Capricious U.N. Enforcement:”
“The Government Accountability Project, a Washington-based organization that helped the United Nations write whistleblower protections two years ago, is following several cases at the United Nations. "It appears that the Secretariat makes the rules as it goes along," the international director of the project, Beatrice Edwards, said yesterday.”

In response to the e-mail I wrote:

“Thank you very much for your kind letter sending me this information.

I do of course follow the work of GAP quite closely and am very pleased that their attention has finally come to focus on UNDP.

The problems with UNDP are quite serious, I do maintain that it functions and reacts more like a crime syndicate than an international institution. The way that they are reacting to the jurisdiction of the Ethics Office and their insistence of wanting to play only by their own rules are further proof of that.

It will take a concerted effort as well as a thorough independent investigation to bring them to task. The fact that Secretary General Ban Ki-moon's promise in January 2007 of a "world-wide audit of all programmes and funds" has since come to nothing, makes it even more imperative that outsiders should drive the process of reform, not only of the United Nations in general, but specifically and urgently of UNDP.”

GAP has done some outstanding work in dealing with corruption, their campaign against the World Bank standing out in this regard, as well as protecting whistleblowers in both the UN and the World Bank.

On 25 March 2005 GAP reported that: “U.N. whistleblower and Government Accountability Project (GAP) client Dr. Andrew Thomson returned to work Monday, March 21, with a promotion and new contract, four months after effectively being terminated for co-authoring a book highly critical of the United Nations and its peacekeeping operations. This follows U.N. Secretary-General Kofi Annan’s leadership in ordering, under pressure from members of Congress and GAP, a two-month reprieve of Thomson’s dismissal last December 31.”

The book, which became a minor bestseller and apparently is soon to be made into a mini-series is “Emergency Sex and Other Desperate Measures: A True Story from Hell on Earth” by Andrew Thomson, Kenneth Cain and Heidi Postelwait.

Thomson noted, “Now it is illegal to harass whistleblowers the way I was openly retaliated against before last Christmas.”

And GAP supported this optimism with: “For many who have suffered reprisal for reporting misconduct, this policy offers vindication and hope that their service to the mission of the United Nations will henceforth be acknowledged and rewarded.”

Fat chance.

There is still a lot to be done and it would probably be a long-term effort. I maintain that most of these people at the UN and especially UNDP are common criminals that would not let go of their privileged lifestyles outside and above the law without putting up a fight.

I had in the past requested assistance from GAP and include their response to me as a comment to this post.
It is not meant as a complaint or criticism.
If anything it should highlight the difficulties we all face in investigating accountability issues, especially within the very complex arrangements characterized by International Institutions.
It will take a concerted effort by many people – organizations as well as individuals – to improve the current shameful state of affairs.