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In Haiti, as Montas Sues Duvalier While Paid by UN, Stonewall by UN on Whether Lawsuit Vetted Under UN Rules, & by Whom

By Matthew Russell Lee

UNITED NATIONS, January 20 -- The criminal complaint in Haiti against Baby Doc Duvalier was filed by Michele Montas, who is currently being paid by the UN as a Special Adviser.

  After long refusing to answer whether and how much the UN is paying Ms. Montas, the UN finally confirmed to Inner City Press that "Ms Montas was engaged by the mission's senior leadership as the D-1 Special Advisor to the Head of Mission. Her contract will terminate on 30 June 2011."

   Under applicable UN Rules prohibiting people paid by the UN from “any action and, in particular, any kind of public pronouncement that may adversely reflect on their status, or on the integrity, independence and impartiality,” Ms. Montas must or should have checked with the UN before filing her lawsuit, and certainly before making her statements on CNN and elsewhere.

   If permission was granted, then the UN's attempts to distance itself from the suit, and to say it has nothing to do with it, ring false.

  Even when the UN does or allows the right thing, it doesn't have the courage to say so, and remains mired in lawless double standards.

  Inner City Press on January 20 asked UN spokesman Martin Nesirky what rules apply to the statements and action of people paid by the UN. Video here from Minute 17 and 21:20.

  Nesirky said that Ms. Montas was operating in her personal capacity. Inner City Press asked, repeatedly, if she had requested and gotten approval for her statements and lawsuits, which Inner City Press went out of its way to say are laudable.

 Nesirky said, “It's besides the point if you are in favor of it or not.. it's in her personal capacity which she has every right to do." He added that “I'm not talking about rules."

But there is a UN rule, specifically UN “Regulation 1.2, Basic rights and obligations of staff --

“While staff members’ personal views and convictions, including their political and religious convictions, remain inviolable, staff members shall ensure that those views and convictions do not adversely affect their official duties or the interests of the United Nations. They shall conduct themselves at all times in a manner befitting their status as international civil servants and shall not engage in any activity that is incompatible with the proper discharge of their duties with the United Nations. They shall avoid any action and, in particular, any kind of public pronouncement that may adversely reflect on their status, or on the integrity, independence and impartiality that are required by that status;

(h) Staff members may exercise the right to vote but shall ensure that their participation in any political activity is consistent with, and does not reflect adversely upon, the independence and impartiality required by their status as international civil servants.”

  Inner City Press has been approached by UN staff members who have been prohibited, under this rule, from even attended events critical of the UN or particular political developments or leaders.

   It seems clear that Ms. Montas' statements on CNN, for example, raise questions under the above quoted prohibition on “public pronouncement that may adversely reflect on their status, or on the integrity, independence and impartiality that are required by that status.”

  So it would seem clear that Ms. Montas must or should have checked with the UN, Mr. Mulet, Legal Department or higher, before making the statements.

  Nesirky, after being Pressed, said that "you can be sure that Ms. Montas will have been speaking with her colleagues before she spoke."

  Inner City Press said, under the Rule, that must mean the statements and lawsuit were vetted and approved.

   Nesirky insisted he had described what happened, but would not specify to whom Ms. Montas spoke, nor what they said. He claimed you cannot extrapolate. But doesn't or shouldn't the UN have rules that apply equally to all?

Ms. Montas with Mulet, prior, request under Rules for permission to sue not shown

  Nesirky backtracked, sought not to provide factual answers and tried to stop Inner City Press from questioning. Video here, from Minute 21:20. But it is a simple factual question: did Ms. Montas check with the UN, and did they sign off?

    If so, while it is not a UN lawsuit, it can in some sense be attributed to the UN, in that the UN somehow found it -- because Duvalier was a dictator -- as not impacting Ms. Montas “ independence and impartiality.”

   Nesirky refused to specify who Ms. Montas had asked, or even what rule applied.

   Minutes later in front of the Security Council, Inner City Press on camera asked top UN Peacekeeper (and Mr. Mulet's “boss”) Alain Le Roy about Duvalier and Ms. Montas. Le Roy said he was aware of Montas' action. Video here.

  Afterward off camera, Le Roy told Inner City Press that “so far the UN is silent” on Ms Montas' suit, and that he would try to “get something from OLA,” the UN Office of Legal Affairs. That would seem to be Nesirky's job, as spokesman. Watch this site.