Friday, November 27, 2009
African Group threatens Ban Ki Moon over Nr#2 post of UNDP
Tuesday, November 24, 2009
Ban Ki moon contradicts Helen Clark on Ethics Office Findings on UNDP North Korea Operations.....Again !!
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Department of Public Information • News and Media Division • New York |
DAILY PRESS BRIEFING BY THE OFFICES OF THE SPOKESPERSON FOR THE SECRETARY-GENERAL
AND THE SPOKESPERSON FOR THE GENERAL ASSEMBLY PRESIDENT
The following is a near-verbatim transcript of today’s noon briefing by Farhan Haq, Associate Spokesperson for the Secretary-General, and Jean Victor Nkolo, Spokesperson for the President of the General Assembly.
Briefing by the Associate Spokesperson for the Secretary-General
Good afternoon.
Question: If you don’t mind, I also wanted to ask you a question about the United Nations Dispute Tribunal. In a recent argument down there, the case of the “North Korea UNDP whistleblower”, Mr. [Robert] Benson of the Ethics Office had recommended that he be paid back pay for due process violations. The Office for Legal Affairs (OLA)], presumably on behalf of the Secretary-General, opposed Mr. Benson testifying to the United Nations Dispute Tribunal, saying that it wasn’t necessary, that there was no jurisdiction, and essentially saying that his recommendation of back pay shouldn’t be done. Has something changed? Because I think in July 2008 from this podium, it was said that the Secretary-General stands behind Benson’s ruling in that case. What’s changed in the interim and what explains OLA’s position in the United Nations Dispute Tribunal?
Associate Spokesperson: I’d have to check that up with the Office for Legal Affairs. As you know, the Secretary-General does stand by the work of Mr. Benson.
ANALYSIS: Ethics and Accountability at the United Nations (UNDP)
By George Russell
Does the United Nations accept the rule of law?
That question has been hanging over the world organization for nearly a year, ever since the U.N.’s first ethics commissioner, Robert Benson, tried to take up the case of a whistleblower who drew attention to the rule-breaking practices of the United Nations Development Program.
Among other things, the whistleblower charged that UNDP had funneled millions in hard-currency to the regime of North Korean dictator Kim Jong Il and allowed North Korean government employees to run key aspects of its development program there. Then, he claimed, UNDP retaliated by firing him.
Now the same issue confronts the U.N. again. This time, the question is whether UNDP would pay restitution for the harm done to the same whistleblower who brought the organization’s misbehavior to light, and whose reputation was blackened by UNDP’s hand-picked investigators when they issued a weighty report earlier this month that confirmed most of the whistleblower accusations, and added a few more.
Judging from events of the past week, the answer to the question is still very far from clear. UNDP’s top managers have told FOX News through a spokesman that “no decision has been made” on the restitution issue.
Restitution for character-blackening is the initiative of chief U.N. ethics officer Benson, the man who is supposed to foster a “culture of ethics, transparency and accountability” across the entire U.N. system, and give the world — and thousands of U.N. employees worldwide — confidence that the organization is following its own rules. Benson had been mandated by UNDP itself to review the investigative report on North Korea for violations of whistleblower protection. Benson’s role was a compromise engineered in part by diplomatic pressure from the Bush Administration.
• Click here to read Benson's Review.
A refusal to follow the recommendation would be a direct slap at the U.N.’s top ethics official — and it would again expose the world organization to charges of double standards that were exposed — in part by FOX News — in the multi-billion-dollar Oil for Food scandal and a broad swath of procurement corruption cases.
Moreover, it would be a highly public blow to Benson’s boss, Secretary General Ban Ki-moon, who is standing behind his ethics chief. Ban’s spokesman told reporters yesterday that “the report of Mr. Benson stands as the position of the Secretariat.”
At the same time, the spokesman said the Secretary General was going to wait and see how UNDP reacted to the recommendation and would offer no other opinion on it.
The latest crisis point marks a second lease on life for Benson in the whistleblower case, which involves revelations brought forward by a former UNDP employee in North Korea, Artjon Shkurtaj. It is also a second chance for Ban, whose failure to back Benson strongly in the past sapped the unity of the U.N. system.
The case of the whistleblower, a former UNDP operations manager, was Benson’s initial major test in the ethics job last August — a job created in the wake of the Oil for Food and procurement scandals as a cornerstone of the U.N.’s ability to police itself and protect employees who brought wrong-doing to the attention of their superiors.
But Benson was slapped down by UNDP, which said the matter lay outside his jurisdiction and refused to let him investigate what Benson called a “prima facie case” of retaliation.
Suddenly, to the dismay of the Bush Administration and other governments,the sprawling U.N. system of some two dozen independent funds, programs and agencies around the world seemed to have the legal right to design on their own how they treated the disclosure of improper or illegal activity.
In UNDP’s case, a vivid insight into the potential for abuse was provided by the North Korean investigative report, which was made public in early June. UNDP immediately hailed the 353-page report as vindication — even though the document reiterated at great length that UNDP had systematically violated its own rules in hiring North Korean government employees to fill key UNDP jobs in the country, illegally handed over millions in hard currency to the government of Kim Jong Il, and ignored the laws of the U.S. and other countries in handing on sensitive “dual use” civilian-military technology to the Kim regime, even as North Korea was building and testing a nuclear weapon.
The report, however, took great care to avoid assigning any blame for the lapses to any specific individuals in UNDP, and blamed many of them on vague “lack of communication.”
So far as whistleblower Shkurtaj went, however, the report declared that there had been no retaliation against him, even as it offered evidence that the North Korean regime had pressured UNDP to get rid of him. (Initially offered a full-time position, Shkurtaj, a contract employee, had the offer rescinded a month later on procedural grounds, including a preference that a woman should get the job; another man was later hired instead.)
The panel report also lengthily attacked Shkurtaj’s character and credibility, without offering him the opportunity to respond.
In reviewing those results, Benson still insisted that Shkurtaj had whistleblower status — an important designation, since it offers protection for employees who bring U.N. wrongdoing to light.
But he offered UNDP a victory when he agreed that no retaliation had taken place. As the investigators did, Benson based his reasoning largely on the fact that the UNDP human resources officer who withdrew Shkurtaj’s job offer offered “unequivocal” testimony that she was unaware of any North Korean pressure to get rid of the nettlesome employee. (Neither Benson nor the investigating panel found contradictory the fact that the job was ostensibly earmarked for a woman, but later filled by a man.)
Then Benson threw a curve ball: the neglect of the panelists to let Shkurtaj respond to their concerns about his credibility was, in Benson’s nuanced phrase, a “due process failure,” which violated a U.N. employees right to respond to such findings in an investigation.
The right to such a response is deeply embedded in customary U.N. procedure for internal investigations. Benson, however, cited as the basis for his own conclusion about the lack of due process the example set by the U.N.’s $35 million investigation of the Oil for Food scandal, presumably because it was also carried out by outside investigators.
The “failure,” Benson noted, was on the part of the investigative panel, and not UNDP itself — a fact also underlined by UNDP spokesmen. But since the damage was done, Benson noted “there is no means by which to address this matter other than by means of restitution,” and recommended UNDP pay Shkurtaj 14 months’ salary to salve the damage.
Benson’s effort was clearly a compromise aimed at preserving unified standards of fairness across the U.N. system to employees who dare to testify to their organization’s lapses. And Ban’s current support for his ethics chief — though still equivocal — showed a desire to undo some of the damage done by his earlier flinching at UNDP intransigence. (Ban first signaled his new resolve to unify ethical standards at a confidential meeting of U.N. top managers in May, in Switzerland; copies of his talking points at the session were obtained by FOX News.)
But if UNDP does not accept the ethics officer’s ruling, what then? Neither Ban, nor anyone else, seemed inclined to answer — at least not yet.
George Russell is executive editor of FOX News.
Wednesday, November 11, 2009
Rebecca Grynspan to replace Ad Melkert
Monday, November 2, 2009
Helen Clark lost millions of US Tax Payers dollars in Afghanistan and denied access to US Federal Investigators
"UNDP and UNOPS staffs unwitting to meet USAID to explain draw downs."
Although the CO kept the investigator informed that the requested information was being obtained, it did not provide this information within the required deadline nor did it agree to meet the investigator. This led the IG to conclude that the CO was not cooperating.
U.N. Can’t Account for Millions Sent to Afghan Election Board
Afghan employees from the Independent Election Commission load election materials into a truck to be sent to provinces on Oct. 22, 2009. Afghanistan's presidential rivals are reigniting their campaigns for a second vote, but two previously unreleased audits produced by U.N. investigators raise questions about the integrity of the elections commission. (Shah Marai/AFP/Getty Images)
The United Nations cannot account for tens of millions of dollars provided to the troubled Afghan election commission, according to two confidential U.N. audits and interviews with current and former senior diplomats. (Read both audits.)
As Afghanistan prepares for a second round of national voting, the documents and interviews paint the fullest picture to date of the finances of the election commission, which has been accused of facilitating election fraud and operating ghost polling places. The new disclosures also deepen the questions about the U.N.'s oversight of money provided by the United States and other nations to ensure a fair election in Afghanistan.
"Everybody kept sending money" to the elections commission, said Peter Galbraith, the former deputy chief of the U.N. mission in Afghanistan. "Nobody put the brakes on. U.S. taxpayers spent hundreds of millions of dollars on a fraudulent election." Galbraith, a deputy to the senior U.N. official in Afghanistan, was fired last month after protesting fraud in the elections.
The audits come as President Barack Obama is struggling to craft a war policy for Afghanistan that would establish a stable government in a country with few democratic traditions. Senior aides have made clear that Obama will not commit to sending additional troops until there is a legitimately elected government in Kabul. On Wednesday, insurgents stormed a housing compound primarily occupied by U.N. election officials, killing eight people, including two election workers.
Afghanistan's Independent Election Commission initially reported that President Hamid Karzai had won the majority of votes in the August election. A recount was ordered after another U.N.-backed panel uncovered evidence of widespread fraud. After weeks of prodding from the Obama administration, Karzai agreed last week to a runoff.
The U.N. audit reports, which are near completion but still in draft form, are likely to fuel debate over the Afghanistan election commission's ability to carry out the new round of voting. Karzai's challenger, Abdullah Abdullah, has suggested he may boycott the elections unless Karzai dismisses the chairman and two other commissioners.
In interviews, senior U.S. and U.N. officials said that U.N. leaders had ignored warnings as far back as 2007 that the election commission was a pro-Karzai body with few internal controls.
Another top official in the U.N.'s Afghanistan mission, Robert Watkins, acknowledged in an interview that some commission employees had contributed to the fraud in the first round of voting.
"It's clear that some of the people" working for the commission at the polling centers "were complicit in fraud," Watkins said. "Some of the staff hired were not working in the best interests of impartial elections."
But Watkins said the United Nations is working to improve the commission's performance in the runoff. He said the U.N. planned to slash the number of poll workers and blackball any that may have been implicated in fraud in the August elections.
As of April 2009, the U.N. had spent $72.4 million supporting the commission, with $56.7 million of that coming from the U.S. Agency for International Development, the audit said. Total election costs are now estimated at greater than $300 million, with the U.S. providing a third to half the total funding, according to one senior U.N. official familiar with the elections process.
The draft audit reports indicate that as many as one-third of payroll requests from the Afghan commission to the United Nations included "discrepancies," such as incorrect names or amounts.
In another instance, the U.N. Development Program paid $6.8 million for transportation services in areas where no U.N. officials were present. Auditors found that the development agency had "inadequate controls" over U.S. taxpayer money used to fund the commission.
A UNDP spokesman, Stephane Dujarric, said he could not comment on specific findings in the audits, since they were still in draft form. However, he said the agency strived to rigorously account for spending despite operating in a war zone.
"The insecurity, the lack of infrastructure, the pervasive corruption and harshness of the terrain make the implementation of any project extremely difficult," Dujarric said. "That being said, those challenges in no way absolve us of constantly doing our utmost to ensure that monies given to us by donors are properly spent and accounted for."
Watkins acknowledged that the U.N. had concerns about the commission as elections approached. The development agency works closely with the commission, paying salaries, buying supplies and handling logistical questions.
However, he said no evidence had surfaced that money flowing to the commission had been used to buy votes or bribe officials. "The indications were that (the commission) did not have sufficient controls in place. I can't jump to the conclusion that the money was misappropriated."
Watkins said he was "much more confident" about the commission's spending practices after the U.N. tightened controls this summer. "I think we have a good partner" in the commission, Watkins said.
The U.N., he said, had suggested cutting the number of polling workers from 160,000 to 60,000 for the runoff election, in part to ensure better-trained workers. The smaller work force also reflects an effort by the U.N. to have fewer polling stations and fewer workers per station. He also said the U.N. would blackball at least 200 workers who had been linked to voting centers where fraud was alleged.
In public statements, commission officials have not yet committed to reducing staff or polling stations. A commission spokesman did not return a request for comment.
The confidential reports are being written by two U.N. audit agencies to examine charges that the U.N. had failed to safeguard $263 million in money from the U.S. Agency for International Development that was channeled through the development agency to fund the elections and rebuilding projects. USAID money accounted for about 40 percent of U.N. spending in Afghanistan between 2003 and 2009, the audits said.
Overall, the audits found that U.N. monitoring of U.S. taxpayer funds was "seriously inadequate." Auditors could not find receipts, work plans or documentation to back up costs for projects such as roads and bridges. U.N. officials did not conduct site visits to confirm work and did not prepare financial reports for donor countries like the U.S., the audits found.
The main focus for criticism, however, was U.N. support of the election commission, a seven-member board whose members were appointed by Karzai. Using U.S. money, the U.N. development agency paid for commission salaries, helped contract out services and was supposed to train the commission to carry out its election responsibilities independently.
But the audit found that the development agency project was "not well managed" and contained several "weaknesses."
Auditors found that the U.N. development agency had sent more than $7 million to the elections commission -- including cash payments to temporary staff -- without proof of expenditures.
The commission also failed to send any financial reports to the U.N. between September 2008 and June 2009, despite a requirement for monthly statements. The U.N. sent $9 million in total to the commission without ever receiving a financial report, the audit said.
The auditors made no findings as to whether the money that flowed to the commission was implicated in the fraudulent vote counting. Auditors said that they had hired an outside audit firm to conduct a more detailed review.
Harry Edwards, a spokesman for USAID, said the agency had not seen the audits and could not comment.
Galbraith cautioned against drawing conclusions as to whether U.N. oversight of financial issues played a significant role in the voting fraud. He blamed Kai Eide, the Norwegian diplomat who is the senior U.N. official in Afghanistan and his former boss, as well as himself, for not flagging problems with the commission earlier. Eide has denied any effort to cover up evidence of fraud in the elections process.
"The flaw was not a management flaw," Galbraith said. "It was a political flaw to put all this money into an institution that was not as advertised. It was a political judgment not to say, 'if you want us to pay for these elections, then we insist you do them in this way.'"
One former U.N. official with knowledge of the elections process said that the allegations of financial mismanagement were not surprising. The official, who did not want to be named because of the sensitivity of the topic, said that neither the U.N. nor the elections commission had a well-developed accounting program.
The commission "had no control over their financial management side," the U.N. official said. "It was chaotic. There was no outside oversight."
Instead, this official said that senior U.N. and U.S. diplomats pushed for the U.N. development agency to "deliver" the election by working with the elections commission -- despite warnings that the commission was not truly independent.
"Nobody was paying attention. Nobody wanted to do anything about" the problems at the election commission, the official said.
The draft audits are the latest sign of problems with U.N. oversight of U.S. money in Afghanistan. Last year, the USAID inspector general issued a report charging that the U.N. had failed to complete U.S.-funded rebuilding projects and stonewalled an investigation into the $25.6 million program. USAID's inspector general continues to investigate Gary K. Helseth, who headed the U.N. Office for Project Services between 2003 and 2006, in connection with the rebuilding program, a spokeswoman said. Helseth's attorney did not return a request for comment.
The U.N. audits, however, also criticized the work of USAID's inspector general. The USAID report, for instance, contained allegations that Mark Oviatt, the senior UNOPS official who replaced Helseth, had used USAID money to renovate a guest house for himself. Instead, the audit found that the U.N. had paid $35,000 out of its own pocket to conduct the renovation. Oviatt declined comment.
The U.N. audits also chastised the inspector general's report for attempting to shirk USAID's responsibility for problems with the development projects.
Donna Dinkler, a spokeswoman for USAID's inspector general, said, "They can say what they want, but we stand by our findings."