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With UN Chief Investigator Charged with Retaliation, OIOS Spins

By Matthew Russell Lee

UNITED NATIONS, January 31 -- While the UN refuses to answer Press questions about charges against its chief investigator Michael Dudley, on Monday the UN Spokesperson sent the press a defensive statement from the Office for Internal Oversight Services, disputing that there has been a fall off in cases pursued.

  But Dudley himself in a case closing memo stated that outside contractors and even UN staff as soon as they retire are of less concern, to put it diplomatically.

  More than a week ago, prior to the US House of Representatives hearing on UN corruption, including the issues surrounding Mr. Dudley, Inner City Press asked UN spokesman Martin Nesirky:

Michael Dudley, the acting head of OIOS' Investigations Division, is under investigation, for among other things, retaliation and evidence tampering. Given that Ban Ki-moon says he prides himself on the transparency of his administration, what specifically are the facts surrounding the investigation process regarding Mr. Dudley, and will the UN be reassigning him to other duties during the investigation?”

After at first ignoring the question and declining to even acknowledge it, finally Nesirky's deputy Farhan Haq responded that “On Michael Dudley's case, the case is ongoing before the Dispute Tribunal and we would have no comment as it proceeds.”

But the question was, “will the UN be reassigning him to other duties during the investigation?” It is inappropriate for the UN to not answer that one way or another, particularly as regards its chief investigator.

  For now we note that in connection with the House of Representatives hearing, GAP urged

That the UN Under-Secretary-General for Internal Oversight Services appoint a qualified Director to the OIOS Investigations Division (OIOS/ID), the unit responsible for the investigation of misconduct and whistleblower cases. OIOS/ID has been without a permanent director for more than three years and the current acting director is under investigation for allegedly retaliating against two whistleblowers.”


UN's Ban sweats in Ms. Lapointe, answers on Dudley not shown

  Here is OIOS' statement sent out Monday by Ban Ki-moon's spokesperson's office, on which we will have more:

From: UN Spokesperson - Do Not Reply ]at] un.org
Date: Mon, Jan 31, 2011 at 10:11 AM
Subject: Note to correspondents from the Office for Internal Oversight Services (OIOS)
OIOS Response to PTF Caseload Follow-up Articles

With regard to recent misinformation appearing in the press on the matter of Procurement Task Force (PTF) cases transferred back to the United Nations Office of Internal Oversight Services (OIOS) following the expiration of the PTF’s mandate, the current Under-Secretary-General of OIOS, Ms. Carman Lapointe, has set the record straight, indicating that:

· The 175 cases handed back to OIOS translated into 162 cases, once duplications and consolidations were sorted out;

· Of the 162, sixty-two were closed within six months by a Transition Team established to ensure continuity—a team primarily comprised of eleven former PTF members;

· Fully 123 cases were closed by the end of November 2009, within eleven months of the end of the PTF;

· Today, only ten cases remain "open", all in the lowest priority category as determined by the PTF itself and subsequently confirmed by former PTF members on the Transition Team;

· No outstanding PTF investigation was closed by the Transition Team, or subsequently by OIOS, without justification for doing so being documented by the investigators and approved by OIOS management.

Furthermore, no cutback in the pursuit of investigations into corruption and fraud has occurred. All reports of any such activity continue to be investigated as a high priority, given their potential for financial loss and damage to institutional integrity.

Ms. Lapointe replaces former OIOS chief Inga Britt-Ahlenius, who has just published a book savaging Ban Ki-moon's leadership. One assumes that Ban's office is keeping a closer eye on OIOS and its new chief. So will we.

   Inner City Press has received a number of anonymous telephone calls defending Mr. Dudley, and would be eager to hear more -- especially on the record. Watch this site.

* * *

At UN, Ban's Claim of 99% Public Financial Disclosure Called “Metaphorical”

By Matthew Russell Lee

UNITED NATIONS, January 28 -- Rather than admit that UN Secretary General Ban Ki-moon misspoke when he claimed two weeks ago that 99% of his officials have made public financial disclosure, Ban's spokesman Martin Nesirky told Inner City Press on Friday, “I wouldn't get hung up on the ninety nine percent figure as a mathematical absolute, because it is also a metaphorical expression, that nearly everyone” disclosed. Video here, transcript below.

  But this claim of 99% transparency has been Ban's response to questions about the UN's lack of accountability under his watch. On January 14, Ban told the press that “now ninety nine percent of senior advisers of the United Nations have declared their financial assets publicly on the website.”

  Inner City Press reviewed the UN's web site and found that this was not the case. On the eve of hearing before the US House of Representatives Foreign Affairs Committee about the UN, Inner City Press published a list of the many Ban officials who instead of making even basic disclosure state that “I have chosen to maintain the confidentiality of the information disclosed by me in order to comply with the Financial Disclosure Program.”

  The officials not making public disclosure range from Ban' two Sudan envoys Ibrahim Gambari and Haile Menkerios through Rule of Law chief Dmitry Titov to Ban's close ally and envoy to Cote d'Ivoire Choi Young-jin.

  The lack of public disclosure came up at the House of Representatives hearing on January 25, and Inner City Press that day and each day since has e-mailed Ban's spokesman Martin Nesirky with this request:

Please explain Ban Ki-moon statement that 99% of his officials have made public financial disclose in light of the actual, much lower figure on [the UN website], with non public disclosure by inter alia Gambari, Choi Young-jin, Jan Mattsson, Greg Starr, Iqbal Riza, Terje Roed-Larsen, Said Djinnit, Mr. Diarra, Ajay Chhibber, Haile Menkerios, Ray Chambers, Peter Sutherland, dead links Nicolas Michel and Achim Steiner, only "outside activity" and no finance or clients for Alexander Downer, Douste Blazy, etc.”

  Nesirky, who on January 21 after Inner City Press asked about the UN's seeming failure to comply with its own Regulation 1.2 said he wouldn't answer any more questions until Inner City Press somehow acted “appropriately,” never answered this e-mail question.


UN's Ban & Nesirky on Jan 14: transparency claim now called "metaphor"

  At the UN noon briefing on January 28, Inner City Press finally asked Nesirky directly about Ban's statement that 99% of his officials have made public financial disclosure.

Nesirky began by dodging the questions, saying that "financial disclosure means to disclose to the United Nations what your assets are and so on. And then it is fully within the rights of the individual to elect or not to elect for that to be publicly disclosed. And I think you will see that in the vast majority of cases, this is publicly disclosed."

But Ban specifically used the word “publicly” on January 14, saying that “ninety nine percent of senior advisers of the United Nations have declared their financial assets publicly on the website.” Click here for footage of Ban's claims from a recent piece on Swedish TV including Inner City Press and a FAC hearing witness.

  Inner City Press on January 28 asked Nesirky if Ban considered disclosing a refusal to make public any financial information to be “public financial disclosure.”

This is when Nesirky told Inner City Press, “I wouldn't get hung up on the 99% figure as a mathematical absolute, because it is also a metaphorical expression, that nearly everyone” disclosed. Video here.

So at the UN, a claim by Ban Ki-moon that 99% of his officials have made public financial disclosure is just a metaphor.

From the UN's transcript of January 28:

Inner City Press: In his last press conference in here, the Secretary-General said when asked about the [Inga-Britt] Ahlenius book, that 99 per cent of officials have made public financial disclosure. And just having looked at the website of disclosures, it doesn’t, that number is not the number. The number of his officials including Mr. Choi [Young-jin] of Côte d'Ivoire, [Ibrahim] Gambari, [Haile] Menkerios, Said Djinnit, Michael Williams, whom you mentioned, they have all filled out a form saying “we chose not to disclose”. So, I just… I have been trying to figure out, what is the 99 per cent figure based on? Does he include people that say “I won’t disclose” as having made a public disclosure? Or, what is the actual number?

Spokesperson Martin Nesirky: Financial disclosure means to disclose to the United Nations what your assets are and so on. And then it is fully within the rights of the individual to elect or not to elect for that to be publicly disclosed. And I think you will see that in the vast majority of cases, this is publicly disclosed.

Inner City Press: When he said public, that’s the phrase that he used — he said that 99 per cent of my officials have made public financial disclosures. So, is that… that’s not what he meant? He meant that they have actually… they have made disclosure to the UN?

Spokesperson: Well I think also I wouldn’t get hung up on the 99 per cent figure as a mathematical absolute, because it is also a metaphorical expression meaning nearly everyone, okay?

Inner City Press: But, Mr. Choi, does he think that Mr. Choi, kind of a close ally, long-time person that he has worked with, does he think that Mr. Choi should publicly disclose? Would he call on him to publicly disclose?

Spokesperson: Again, this is a matter for the individuals concerned. Okay, yes?

No, not okay. Watch this site.

* * *

Retaliation by Spokesman for "Transparent" Ban Ki-moon Typifies UN Decay

By Matthew Russell Lee

UNITED NATIONS, January 21 -- While UN Secretary General Ban Ki-moon runs for a second term claiming transparency and good government, he is represented by a spokesman who on Friday refused to answer questions after being asked about the applicability of a UN rule.

  As Inner City Press asked a question about the UN seeming cover-up of killings in Darfur, Spokesman Martin Nesirky stood up and left the briefing room, saying “I will take questions from you when you behave in an appropriate manner.”

  The only interchange earlier in the briefing had Inner City Press asking how UN Staff Regulation 1.2, prohibiting staff from public statements underlying impartiality applied to UN official (and Ban Ki-moon favorite) Michelle Montas going on CNN to say she would sue Baby Doc Duvalier.

  The previous day, Inner City Press has asked Nesirky what rule applied to Montas' actions. Nesirky did not provide any rule then, nor the next day.

  But Inner City Press was approached by outraged UN staff, who called Nesirky “the worst spokesperson the UN has ever had,” and provided the applicable rule. They also provided a precedent from last decade, when Doctor Andrew Thompson was fired under this rule for making public UN peacekeepers' sexual abuse of those they were charged to protect.

  On January 21, Inner City Press asked Nesirky about the rule, and intended to ask about the Thompson precedent. But Nesirky said, “I don't want to talk about it further.” Video here, from Minute 18:30.

  Earlier in the briefing, Inner City Press had asked why the UN has said nothing about Sudan's Omar al Bashir's government blocking the printing of a newspaper directed at Southern Sudan, after they published articles about the secession referendum. Video here from Minute 16.

After the UN Rules question, despite having said he would take Inner City Press' question about Ban Ki-moon's humanitarian coordinator for Sudan Georg Charpentier's claims that the thousands of violent deaths in Darfur in the last 12 months were not the al Bashir government's fault, Nesirky refused to take the question.

  Rather he stood up to leave. Asked why, he said “I will take questions from you when you behave in an appropriate manner.”

   A spokesperson is paid to answer questions. It is particularly strange that the spokesperson for a Secretary General claiming transparency and good government would simply refuse to answer about the applicability of a rule to a public UN action.

  To then retaliate against the media asking the question about rule and refuse to take any question, including about a UN mission for which the UN charges its member states $1 billion a year is outrageous.

   But in Ban Ki-moon's UN, will a UN official who on camera refuses to do his job, explicitly retaliating against a question about Ban administration lawlessness suffer any consequences?

  Other organizations would fire such an individual, including it seems the UN-affiliated International Monetary Fund. Inner City Press currently also covers the IMF, for example getting three questions answered on January 20 with no acrimony, retaliation or lack of professionalism. But in Ban's UN, officials like Nesirky are permitted lawless behavior that would not be allowed anywhere else.

Already, Nesirky has publicly yelled at Inner City Press, “It is my briefing! I run it how I chose!” For the week at the end of 2010, for which he was being paid, Nesirky left question after question unanswered.

Earlier this month, Inner City Press asked Nesirky for Ban's response to a New York Times article about bloat, overlap and waste in Ban's UN. Nesirky replied that since Ban was holding a press conference on January 14, Inner City Press could ask him then. But Nesirky did not allow Inner City Press to ask any question on January 14. Afterward, Inner City Press assessed the lack of transparency in Ban's UN for Swedish television, here.

Most recently, Nesirky said he would get an answer about Ban's staff's involvement in war crimes described in the New Yorker magazine - but has not provided any answers. Many UN correspondents have said he should not remain in the job. And yet he does, representing Ban Ki-moon and a UN that is, particularly on this front, in dramatic decay. Watch this site.

Click here for Inner City Press' March 27 UN debate

Click here for Inner City Press March 12 UN (and AIG bailout) debate

Click here for Inner City Press' Feb 26 UN debate

Click here for Feb. 12 debate on Sri Lanka http://bloggingheads.tv/diavlogs/17772?in=11:33&out=32:56

Click here for Inner City Press' Jan. 16, 2009 debate about Gaza

Click here for Inner City Press' review-of-2008 UN Top Ten debate

Click here for Inner City Press' December 24 debate on UN budget, Niger

Click here from Inner City Press' December 12 debate on UN double standards

Click here for Inner City Press' November 25 debate on Somalia, politics

and this October 17 debate, on Security Council and Obama and the UN.

* * *

These reports are usually also available through Google News and on Lexis-Nexis.

Click here for a Reuters AlertNet piece by this correspondent about Uganda's Lord's Resistance Army. Click here for an earlier Reuters AlertNet piece about the Somali National Reconciliation Congress, and the UN's $200,000 contribution from an undefined trust fund.  Video Analysis here

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