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UN Whistleblower Awarded $166,000 from UNDP, Exposed N.Korea Irregularities

UNITED NATIONS, August 31 -- The whistleblower who exposed irregularities in the UN Development Program's programs in North Korea, only to be fired and barred from UN premises, today won a $166,000 judgment from the UN Dispute Tribunal.

   Tony Shkurtaj, whose story Inner City Press exclusively covered from his first blowing of the whistle after UNDP ignored his complaints to then Administrator Kemal Dervis and Spokesman David Morrison's use of mainstream media to smear Shkurtaj's character and educational background, has doggedly pursued his rights as a whistleblower, first through the UN's seemingly powerless Ethics Office and now through the UN Dispute Tribunal.

On August 31, in a decision Inner City Press has obtained and is putting online here, UNDT Judge Ebrahim-Carstens ruled:

"The Tribunal finds that not only was the applicant not given an opportunity to respond to these adverse findings, he was not even made aware of the EIIRP’s concerns regarding his credibility at any point prior to the issuance of the report. The Tribunal is persuaded by the applicant’s argument that the report of the EIIRP contained adverse findings against him and that, in the particular circumstances of this case, he should have been made aware of them prior to the issuance of the report and provided with the opportunity to comment on them and provide his explanations. Therefore, the Ethics Office’s finding that there was a violation of the applicant’s procedural right to be made aware of—and to have the opportunity to respond to—the adverse findings concerning his credibility and trustworthiness was reasonable and justified. This is particularly so considering the report was made public, following which there was no further process made available to the applicant to contest these findings. This failure resulted in a violation of the applicant’s due process rights, damaged his career prospects and professional reputation, and caused him emotional distress, for all of which he should be compensated. I find that the recommendation of the Director of the Ethics Office that the applicant be paid fourteen months’ salary was reasonable in light of all the circumstances of this case". (14 months x $11,500 = 161,000)

UNDP's Clark and Team Ban, whistleblower protections not shown

"The referral of the report to the Ethics Office for recommendations was part of UNDP’s effort to carry out a fair and objective fact-finding exercise and this referral was meant to be meaningful, particularly considering the history of this case. The undertaking by UNDP was to share EIIRP’s findings with the Director of the Ethics Office, who “could then provide an opinion and formulate recommendations, as may be appropriate, on the retaliation allegations in light of these findings”. This meant that, having submitted to the process, UNDP was required to give serious and timeous consideration to the Ethics Office’s comments and recommendations, make a decision on them and provide this decision, along with the reasons, to the applicant. There is no evidence before me that UNDP afforded such timeous and serious consideration to the Ethics Office’s recommendation. This failure and the resultant procedural delay shall be recompensed. In light of the circumstances of this case, I find that the lump sum amount of USD5,000 is appropriate to compensate the applicant." (+$5,000).”

   Earlier, UNDP refused to abide by the UN Ethics Office ruling that Shkurtaj's due process rights were violated. Now the new UN justice system, that Secretary General Ban Ki-moon has bragged so much about, has vindicated Shkurtaj's rights. Will Ban allow UNDP under Helen Clark to continue to thumb its nose at whistleblower's rights? Watch this site.

Footnote: Even earlier this month, UNDP dodged questions on fraud by its highest representative to the Palestinian people, exposed by Inner City Press, click here. Until now, Ban Ki-moon has done nothing to reign in UNDP's Helen Clark, whose advice has gotten Ban into more and more trouble. What will happen here?

Update of September 1, 1 p.m. -- Inner City Press asked UN acting Deputy Spokesman Farhan Haq about the UNDT judgment and whether the UN will finally comply and recompense the whistleblower. Haq called the decision "complex" and said it is being studied....