Eveline Herfkens: The corrupt socialist dutch politician who stole money and run away with it - now UN Tribunal finds UNDP's actions on letting Herfkens go away unscathed -- as unlawful !

		UNJustice
		@UNJusticeOrg
#UNDT: Eveline Herfkens collected double allowances from her Government and the UN = no disciplinary action bit.ly/R8E2XO @undpwatch

21. The decision to dismiss the Applicant without termination indemnity or payment in lieu of notice was discriminatory, and therefore unlawful. The Respondent referred to a few cases in which UNDP allegedly dismissed staff members in situations similar to that of the Applicant. The Respondent failed, however, to provide full details of these cases so the Applicant is not in a position to compare these cases to the instant case. Even if in these cases the Respondent took a harsh line, this still fails to clarify why such a markedly different approach was taken in the case of Eveline Herfkens. 

22. In a letter dated 23 May 2008, Kemal Dervis wrote that during the period Eveline Herfkens was employed as a staff member by UNDP, the Government of the Netherlands provided her with financial benefits in the form of rent of a three room apartment in Manhattan, relocation from the Netherlands to New York in November 2002 and from New York to Maryland in January 2006, and a continuation of her enrolment with the Netherlands national pension scheme. 

23. Kemal Dervis further noted that UNDP had provided Eveline Herfkens with a copy of the applicable UN Staff Regulations and Rules relating to her appointment and that she had signed an acknowledgement of having received them. Despite this, UNDP found that:

Ms. Herfkens appear[ed] to have unknowingly breached the Staff Regulations, in good faith and without mal-intent. 

and that

Ms. Herfkens [would] remain an advocate in the global effort to achieve the MDGs, and [that UNDP would] count on her continued support in this effort. 

24. The Applicant submits that in contrast to Eveline Herfkens, she was a low level general service staff member, and that unlike Eveline Herfkens, she obtained no personal gain. In light of this, to excuse Eveline Herfkens, while dismissing the Applicant without termination indemnity or payment in lieu of notice, is discriminatory and unlawful. 

25. The Respondent cannot rely on the Applicant’s failure to comply with her obligations during the investigation when the Respondent failed first to comply with his. From the outset of the investigation, she was considered a possible wrongdoer and the Organization was obliged to advise her that she had the right to secure the assistance of counsel. This omission amounted to a violation of her right to due process. 

43. The Respondent did not apply double-standards. According to the letter dated 23 May 2008, sent by the then Administrator, UNDP, to the Minister of Foreign Affairs of the Kingdom of the Netherlands, the UNDP OAI finalized an investigation concerning Ms. Eveline Herfkens on 20 May 2008 who reportedly accepted financial benefits from her government while being a staff member with UNDP. In this connection, the Applicant claimed that Ms. Herfkens was found to be in a conflict of interest, but that no disciplinary action was taken against her. According to the Applicant, this demonstrated that the Respondent applied double-standards. 

44. The Respondent submits that the Applicant’s reference to the letter is of limited relevance in the context of her case. Ms. Herfkens’ appointment expired on 31 October 2007 and was not subsequently renewed. Ms. Herfkens was no longer a staff member when the investigation report of 20 May 2008 was purportedly issued. Thus, in light of the foregoing, UNDP could not possibly have initiated disciplinary proceedings against Ms. Herfkens as she was no longer a staff member.

Click here to read the UN Tribunal decision... bit.ly/R8E2XO

 

 

UN WOMEN SCANDAL: a corrupt Dutch politician and a thief is back as advisor at the United Nations

Is Eveline Herfkens the best Dutch people have to represent them at the United Nations:

SHAME ON NETHERLANDS

Corrumperen met Eveline Herfkens

She didn't care about the Dutch poor when she "forgot to declare" more than $200 Thousand dollars in housing subsidy on top of a quarter-million dollars in daily subsidy allowances from UNDP's Ad Melkert.

After Herfkens Exposed Taking Dutch & UN Money, On Bachelet & ILO Panel

By Matthew Russell Lee

UNITED NATIONS, October 27 -- For an Organization that preaches accountability, the UN system displays little of it. Three years after Eveline Herfkens of The Netherlands was exposed for violating UN system rules by accepting a substantial UN salary as well as $7,000 a month from her government -- allegedly as an entertainment budget -- and she was forced to step down, she had reappeared on the UN Advisory Group on social protection chaired by Michele Bachelet, convened by the International Labor Organization.

At a UN press conference Thursday, Inner City Press asked if Ms. Herfkens' past had been ignored in giving her this new UN system post. Ms. Herfkens was in attendance, in the front row, but did not answer. The ILO's Juan Somavia said yes, there was a "controversy," but Herfkens' "experience" was deemed to trump it.

So high officials in the UN can violate the rules but be quietly recycled back into UN system "advisory" jobs based on their experience.

Herfkens on UNTV in 2005, before the fall (c) UN Photo

This is only one example. After the deadly bombing of the UN compound in the Canal Hotel in Baghdad in 2003, then Secretary General Kofi Annan's spokesman said that Ramiro Lopes da Silva would be required to resign but could "return to his 'D-2' (Director) post in World Food Programme," emphasizing that "his future assignments will not include any responsibilities for security matters."

Two weeks ago, WFP staff contacted Inner City Press to complain that despite this history, Ramiro Lopes da Silva had been put in charge of WFP security by chief Josette Sheeran. On October 17 Inner City Press sought an explanation from four WFP official, including spokesman Greg Barrow and Ms. Sheeran herself:

"please respond to criticism of having put Ramiro Lopes da Silva in charge of security for WFP, given his role in Iraq in connection with the Canal Hotel bombing."

Only after a week had passed, and Inner City Press has published a first story, did WFP respond, through its spokesman Greg Barrow:

In response to your questions: DED Ramiro Lopes da Silva is one of WFP's most experienced senior managers, and we have the utmost confidence in him.

This did not in anyway respond to Ramiro Lopes da Silva's role in Iraq in connection with the Canal Hotel bombing, much less Kofi Annan's spokesman Fred Eckhard's statement that Ramiro Lopes da Silva's "future assignments will not include any responsibilities for security matters."

Inner City Press wrote back to Barrow, and wrote directly to Ramiro Lopes da Silva

"I have asked WFP without much substantive response the question below, now having found your contact information in fairness and hoping for a response I ask you: please respond to criticism of having put Ramiro Lopes da Silva in charge of security for WFP, given his role in Iraq in connection with the Canal Hotel bombing. Please respond - on deadline."

Ramiro Lopes da Silva not having responded, Inner City Press asked the spokesman of Ban Ki-moon, who has inissted that UN system staff security is important to him, whether he gave Ramiro Lopes da Silva a waiver from the action of Kofi Annan after the Canal Hotel bombing, or if there was simply no UN system follow through. Spokesman Martin Nesirky said on October 25 that he would answer. But two days later he has not. Watch this site.

Footnote: Herfkens' fall was in early 2008, before the global financial blow out later that year. On Thursday Inner City Press asked Michelle Bachelet about the place of privatization and, in essence, Wall Street in social protection plans. She said that the Report is for "all countries," but did not squarely address the privatization question. To be continued.

'Verjaring dreigt voor claim Eveline Herfkens'

BERGEN OP ZOOM - De Nederlandse staat loopt elke maand 6000 dollar mis omdat minister Maxime Verhagen van Buitenlandse Zaken de onterecht verkregen huursubidie van oud-minister Eveline Herfkens nog niet heeft teruggevorderd.

Een geldvordering kent namelijk een verjaringstermijn van vijf jaar. Dat zegt advocaat Roger van Dijk uit Bergen op Zoom, die zich in de affaire Herfkens heeft vastgebeten. Herfkens heeft als medewerker van de VN jarenlang 6000 tot 7000 dollar huursubsidie van de Nederlandse overheid gekregen voor haar woning in New York. Eerder dit jaar bleek dat die bijdrage van in totaal 280.000 dollar tegen de regels van de VN was. Minister Verhagen heeft inmiddels besloten het geld terug te vorderen, desnoods via de rechter. Herfkens weigert het bedrag terug te betalen.

Volgens Van Dijk dreigt de claim nu te verjaren. "De eerste betaling heeft eind 2002 plaatsgevonden. Na vijf jaar zijn dergelijke bedragen volgens de wet niet meer terug te vorderen. Behalve als het ministerie een zogenoemde stuitingsbrief naar Herfkens stuurt, waarin wordt aangegeven dat de verjaringstermijn wordt 'gestuit'. Maar volgens mij is dat nog niet gebeurd. Ik denk dat de hele affaire om politieke redenen onder tafel wordt geveegd."

Het ministerie van Buitenlandse Zaken heeft eerder gezegd ervan uit te gaan dat de affaire Herfkens onder het ambtenarenrecht valt, waarin een stuitingsbrief niet van toepassing is. Volgens Van Dijk is dat 'lariekoek'. "Herfkens was op dat moment helemaal geen ambtenaar van Buitenlandse Zaken." Het ministerie kon daar gisteren geen commentaar meer opgeven.

De Bergse advocaat bood eerder al aan Verhagen aan de claim op Herfkens voor 5000 euro over te nemen. De minister wees dat aanbod af.

Melkert-Herfkens Scandal Continue

Iedere maand dat de minister van Buitenlandse Zaken Maxime Verhagen geen geld terugvordert van Eveline Herfkens kost de Nederlander 3.500 euro. Volgens advocaat Roger van Dijk had dit voorkomen kunnen worden door een tweeregelig briefje, een zogenaamde stuitingsbrief.

Onterechte huursubsidie
De brief had verstuurd moeten worden zodra de affaire Herfkens bekend werd, in januari van dit jaar. Toen werd bekend dat oud-minister van Ontwikkelingssamenwerking Eveline Herfkens onterecht 280.000 dollar aan huursubsidie had ontvangen voor haar appartement in New York. Herfkens was in die periode werkzaam bij de Verenigde Naties.

Verjaringstermijn
De verjaringstermijn van 5 jaar is inmiddels gedeeltelijk verstreken wat betekent dat de subsidie, die Herfkens in 2002 en een gedeelte van 2003 heeft ontvangen, niet meer teruggevorderd kan worden. In totaal heeft dit de Nederlandse Staat al 48.000 dollar gekost. Elke volgende maand betekent een extra verliespost van 6.000 dollar, omgerekend 3.500 euro.

Terugvordering
De Tweede Kamer en de minister willen de onterechte huursubsidie wel gaan terugvorderen, maar Herfkens heeft al laten weten dat zij het geld niet terug wil betalen. Het ministerie van Buitenlandse Zaken doet officieel nog geen uitspraken over de zaak, maar heeft inmiddels er wel op gewezen dat de aangehaalde stuitingsbrief alleen van toepassing is op civiele procedures en Herfkens wordt benaderd vanuit het ambtenarenrecht.

BREAKING NEWS: Dutch Foreign Minister to demand Herfkens repay rebates

Published: Tuesday 27 May 2008 21:07 UTC Last updated: Tuesday 27 May 2008 21:07 UTC

Dutch Foreign Minister Maxime Verhagen says he will try to make former minister for development cooperation Eveline Herfkens repay the 280,000 euros she received from the Dutch government.

The money was for the cost of her New York apartment and for her removal expenses when she moved to Maryland.In 2002 Ms Herfkens moved to New York when she received a senior position at the United Nations Development Programme. The Dutch government paid her housing costs for a number of years, which violated UN rules. However, a UN report has absolved Ms Herfkens of willful wrongdoing. It says she was never informed she was breaking the rules by either the Dutch government or the UN.

However, Minister Verhagen says that when she was hired she signed a contract which contained all rules and regulations. He says this makes her responsible and hence she should repay her housing rebates. Ms Verhagen says the rebates may have been in violation of UN rules, but they were in accordance with Dutch law. She says: "Many people received rebates; I was not the only one."

Dutch parliament wants money back

The lower house of the Dutch parliment wants the government to reclaim money wrongfully paid to a former Labour Party minister employed since 2002 by the United Nations Development Programme (UNDP).

On Monday, Eveline Herfkens was acquitted of charges that she abused her position at the UNDP for personal gain. Ms Herfkens had been accused of violating the UN's internal code of conduct by accepting 280,000 euros from the Dutch government to pay for her New York apartment and her removal costs when she moved to Maryland.

In a letter to Dutch Foreign Minister Maxime Verhagen, Kemal Dervis - UNDP director - revealed that Ms Herfkens had signed a document stating that she had received a copy of the UN rules. These rules state that UN employees are not allowed to receive compensation from their own governments.

Nevertheless, he also said Ms Herfkens was never specifically informed that she was breaking the rules. He says the Dutch government itself should have known about the regulations. The UNDP chief also accepted some of the blame, admitting that Ms Herfkens' introduction to the UN had been inadequate.

Mistakes

On Monday, Foreign Minister Maxime Verhagen told parliament that he hadn't read the letter, but accepted that his department had made mistakes. "The ministry should not have paid compensation to Ms Herfkens and she should not have accepted it," he said.

His department will investigate whether it is legally possible to retrieve the money. Last month the minister told the house that Ms Herfkens had twice refused to pay back the amount, but said he would demand she return it if it was discovered that she had knowingly broken the rules.

The former development cooperation minister believes she has done nothing wrong, because the Dutch government offered her the compensation when she was given the UNDP job. She says paying the money back would be an admission of guilt.

Tegegnework Gettu's involvement in Eveline Herfken's Scandal documented (emails reveal inside story and what Ad Melkert knew)

Eveline Herfkens the sleek Dutch Social-Democrat and girlfriend of Ad Melkert, was double charging for her New York Residence:

1) UNDP = $2500 per month rental subsidy;

2) Dutch Government = $ 7000 per month rent;

On top of an ASG salary of almost $250,000.00 per year, this pro-poor advocate was certainly enjoying her life in the big apple. Eventhough she almost never actually leaved in this residence, since she was never in New York for that matter.

Documents obtained from UNDP Watch show that Eveline Herfkens has been traveling the world on UNDP expense, on top of all her perks.

For 4 years the Dutch Government paid $84,000 dollars per year for a total of close to $400,000 Dollars for the rent of Herfkens apartment. All this on top of the rent subsidy claimed from UNDP, which was close to $2500 per month, mounting to an additional $120,000 dollars.


What makes this story even more beautiful is that while the Dutch Government was paying her rent, she had already changed her nationality from Dutch to American (green-card-holder).

So practically the Dutch Government Was Paying for an American in New York.

Another aspect is that while she had changed her nationality, and currently is an american, she still travels with a Dutch Diplomatic Passport.

The Dutch Government should demand back every penny of their contribution to paying the rent for Eveline.

ONLY AT THE UNITED NATIONS !!