By Emma Farge
GENEVA |
Thu Aug 30, 2012 11:06am EDT
(Reuters) - Four months after a U.N. agency's decision to send computer equipment to Iran
and North Korea first stirred controversy, a feud has erupted between
the body's director general and a suspended senior manager over
misconduct allegations.
In a suit filed with a U.N.
tribunal, the manager accuses Francis Gurry, the Australian head of the
Geneva-based World Intellectual Property Organization, of pledging the
equipment to the two sanctioned countries in exchange for their votes.
The
suit also alleges Gurry earmarked posts for member states who backed
him in his 2008 election and those whose votes he is trying to secure as
part of his 2014 re-election bid.
WIPO
is the U.N.'s richest body and is almost entirely self funded with
annual revenues of over $300 million, mostly earned from patent
application fees. It was created in the 1970s to promote intellectual
property rights, particularly in the developing world, to further
economic progress.
"The evidence
suggests that the Director General has a track record of manipulating
appointments to WIPO professional posts in exchange for votes," said the
complainant's brief to the International Labour Organization's
Administrative Tribunal (ILOAT) filed on August 20.
The
lawsuit was filed by Swiss-based lawyer Matthew Parish, partner at
Holman Fenwick Willan, on behalf of a senior WIPO employee, Christopher
Mason. Mason contends he was unjustly suspended for corruption in May
2011, wrongly accused of an improper relationship with a contractor at a
firm bidding for a WIPO contract.
Gurry
denied the allegations, saying he made no deals with any country in
exchange for its support. He said a document cited by the claimant,
which appears to list political appointments, was fabricated.
"No
job pledges were made in exchange for political support, and no such
document was ever created or approved by me. I believe that any document
purporting to list pledges must be a work of fabrication," he said in
an emailed statement last week.
Mason's
lawyer Parish said: "The commitments document has been widely
circulated throughout the diplomatic community for many months and is an
open secret in WIPO."
An International Labour Organization official declined to comment on the proceedings which she said were confidential.
SEEKING REVENGE OR JUSTICE?
Some
diplomatic sources in New York, where the United Nations has its
headquarters, dismissed Mason's suit as a publicity ploy by an employee
intent on embarrassing his former boss. They said they considered it
unlikely the equipment in question would breach U.N. sanctions, which
are less stringent than those imposed by the United States and European
Union.
U.N. sanctions primarily
target Iran and North Korea's nuclear and missile programs. They also
include a ban on arms exports and, in the case of
North Korea, a ban on exports of luxury goods.
One diplomatic source familiar with the case said Mason may be motivated by a desire for revenge after his suspension.
Mason
asked the WIPO Appeal Board to review his suspension in August 2011.
The board found that the decision to suspend Mason from duty was
"flawed" and recommended re-instatement and a moral injuries payment, a
document of their conclusions dated March 2012 showed. Mason remains
suspended, however.
Although the
suit alleges that the transfers to Iran and North Korea were promised in
return for their votes in Gurry's 2008 election, it contained no proof
to support this claim.
The
allegations of vote buying could not be independently verified by
Reuters. WIPO records show that Iran and North Korea were among 83
countries on the WIPO committee that selected the director general in
2008 in a secret ballot. The Iranian and North Korean diplomatic
missions in Geneva did not respond to repeated requests for comment.
Nevertheless,
Mr. Mason's supporters maintain that the suit's claims are credible.
These supporters include some inside the organization who declined to be
named because they are not authorized to speak to the press and said
they feared management retribution.
Mason's
sympathizers say further that the case offers a rare glimpse into what
critics say is a widespread system of political patronage within the
United Nations and raises broader questions about accountability at the
world body.
For instance, the head
of WIPO's staff council Moncef Kateb has complained of political
appointments "that contravene the most basic principles of international
public service, particularly that of its independence", according to a
statement in 2010 before WIPO's Coordination Committee, a body that
advises the director general.
Kateb declined to comment for this story because he is not authorized to speak to the press.
"It's
totally unacceptable to have this type of deals and it corrupts the
system," said Hillel Neuer of U.N. Watch, a non-governmental group that
monitors the United Nations. "Regrettably, it is common. Governments
jostle for their own interests and a lot of unsavory dealings occur."
Officials at the U.N. press office in New York did not respond to repeated email requests for comment.
The
equipment in question, including servers, firewalls and computers worth
roughly $200,000, was sent to Iran and North Korea, without the
knowledge of other member states, according to a statement by Esther
Brimmer, U.S. assistant secretary of state, earlier this month.
The
185-member agency says the transfers were legal and form part of a
technical assistance program involving more than 80 countries to help
them develop their patent offices.
U.S. SCRUTINY
The
transfers of equipment by WIPO to Iran and North Korea are the subject
of two U.S. government probes to establish whether they represented a
breach of U.N. and U.S. sanctions aimed at curbing the development of
nuclear technology.
The U.S. State
Department said in July it was reviewing WIPO's dealings with countries
that are under sanctions after media released documents showing WIPO
had been involved in shipments to Iran and North Korea. The Department's
initial conclusion is that there was no breach of U.N. sanctions
because the items in question did not appear to be subject to a ban. The
review is ongoing.
A U.N.
Security Council diplomat said it was unlikely that its sanctions
committees would take any action regarding the WIPO transfers of
technology to Iran and North Korea for the same reason.
The
U.N. panel of experts on North Korean sanctions said in its latest
annual report that it was continuing to collect information on the WIPO
case in relation to North Korea.
The
House of Representatives Committee on Foreign Affairs is not yet
convinced the transfers were legal, suspecting they may have involved
banned items, a senior Congressional official involved in the
investigation said. It is also reviewing a possible breach of the United
States' own sanctions as some of the equipment may have been produced
by U.S. computer maker Hewlett Packard Co, the official added.
The company did not respond to a request for comment.
Lawmakers
on the bi-partisan House Committee raised concern about possible WIPO
retaliation against whistleblowers in a letter to U.S. Secretary of
State Hillary Clinton on July 12 and in a letter to Francis Gurry on
July 16, both seen by Reuters.
"I can't think of any action that has been taken against any whistleblower," Gurry told Reuters in July.
Email
correspondence dated July 20 from Gurry to WIPO senior staff member
James Pooley, seen by Reuters, indicated that the director general
denied him permission to give evidence to the House Committee. Pooley
declined to comment for this story because he is not authorized to speak
to the press.
Members of the
Committee said a second senior WIPO staff member was prevented from
testifying at the committee hearing in a letter to Gurry dated August 1,
forcing the cancellation of the session.
Asked
in July about claims that witnesses were being blocked, Gurry said he
would allow any "properly competent person" on the Iran and North Korea
projects to testify.
Gurry said in a
statement on the WIPO website on July 19 that supplies to sanctioned
countries would in future need to be referred to legal counsel, which
would consult the U.N. Sanctions Committee where necessary. WIPO has
also commissioned an external enquiry to review the projects with Iran
and North Korea, led by a Swedish police official and a U.S. attorney.
(Additional reporting by Louis Charbonneau in New York; editing by Will Waterman and Janet McBride)
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