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By Matthew Russell Lee

UNITED NATIONS, November 30 – The UN's whistleblower protection policies are at a minimum too slow and in the view of many, not worth the paper they are written on. Back on July 14 Inner City Press asked UN Spokesman Stephane Dujarric, not for the first time, about the delayed case of Emma Reilly, retaliated against by the UN Office of the High Commissioner for Human Rights - more than a year ago. Dujarric said he would look into the policy, then provide no answer. On November 24, Inner City Press in writing asked Dujarric and two others of Secretary General Antonio Guterres' spokespeople: "On whistleblowers and the case of Emma Reilly, please disclose and describe any and all communications received by the Secretary General regarding the impending reassignment of / further retaliation against Ms. Reilly at the OHCHR and respond to this: 'The UN Ethics Offices report to the Secretary-General and are not independent - the case of senior OHCHR whistleblower Anders Kompass showed clear collusion at the highest level (between the UN Ethics Office, Chef de Cabinet, USG head of OIOS and High Commissioner for Human Rights.'" Dujarric's deputy Farhan Haq did not answer this question, while responding with these three unrelated "answers" - "Regarding questions concerning Sam Kutesa, please address those to the Government of Uganda, for which he was working, including during his time as President of the General Assembly. The Deputy Secretary-General is visiting South Africa on official travel. The Secretary-General is on leave in Lisbon and will be back at work in New York on Monday." This is today's UN. We'll have more on this. From the UN's July 14 transcript, which even misspelled Emma Reilly as "Riley," here: Inner City Press: about a whistleblower case and the new rule of the Secretary-General.  There is an Emma Riley [sic - it's Reilly] is a whistleblower at the Office of High Commissioner of Human Rights and her case was filed exactly a year ago, or one day short of it, 15 July 2016, but there is still no decision.  At least it seems like there is a deadline for action on requests for protection, so I guess my question is does this new policy, is it being applied retroactively back?  What is the status of whistleblowers that pre-existed coming into the policy, and how can you explain someone who alleged that her superior, you know, took benefits from Morocco, turned names over to China, et cetera?

Spokesman:  I don't know the particulars of her case and I will check on your question about the policy.

  Seven hours later, nothing. A leaked UN Ethics Office memo that raises questions not only about that Office but also the UN Office of the High Commissioner for Human Rights was published by Inner City Press on February 1, here.

  On February 2, OHCHR responded with press release and tweet claiming that Inner City Press' report - based on the UN memo - was unfounded, and trashing the whistleblower.

  On February 7, Inner City Press asked the spokesman for UN Secretary General Antonio Guterres what Guterres meant when he said he had formed a committee about - but without - whistleblowers. From the UN transcript:

Inner City Press: I've seen the Secretary-General quoted that he's formed, quote, committees to deal with thorny issues, such as the protection of whistle-blowers and sexual exploitation and abuse.  Can you say who's on those committees, particularly in the case of whistle-blowers?  Are there whistle-blowers on the…

Spokesman:  On the whistle-blower, I think he was referring to the fact that, I think, just two weeks after or three weeks after he took office, there was an agreement between the staff and the management, and a new whistle-blower policy was issued.  And he was also referring to the task force being led by Jane Holl Lute on sexual exploitation and abuse.

Inner City Press: The other one is, I saw in his schedule yesterday, he met with the ACT group, Accountability Coherence and Transparency, and particularly given the third noun in their name, can you give a readout?

Spokesman:  No, I don't have anything to share on the transparency… meeting with the transparency group.

  OHCHR's press release also trashed the whistleblower, while keeping in place rules prohibiting her from speaking to the press. OHCHR claims, while censoring rebuttal:

"the staff member has never faced reprisals. The staff member has had her contracts renewed and remains employed by the organization on full pay. She has made allegations against various managers. These have been taken seriously, leading to two separate independent investigations that have been carried out to determine whether or not there is any substance to her allegations. In both instances, the claims made by the staff member were found to be unsubstantiated."

Inner City Press replied, asking OHCHR or @UNHumanRights to explain how the finding for example about Morocco improperly paying for OHCHR official Eric Tistounet's book-selling event was "not substantiated." There was no response.

  On February 3, Inner City Press asked UN spokesman Stephane Dujarric about Morocco's payments - he refused to answer - and if the reclusive head of the UN Ethics Office Elia Armstrong will come and answer questions, as for example her predecessor Robert Benson did. There has been no answer.

   Now we can report from a range of sources that not only did Eric Tistounet take Morocco's financial support to promote his book - he tried to recruit Moroccan faux NGOs - GONGOs -- to try to make the complaint go away, seeing if they would complain about the whistleblower. This is how the OHCHR, and wider UN, have been operating. We'll have more on this.

  Inner City Press supports the replies of the Government Accountability Project, here, and of the annotator, which we are putting online here, along with this new Kafka-esque game chart.

  Eric Tistounet of the Office of the High Commissioner for Human Rights, without Ethics approval, published a book and had a member state promote it. Document at Page 11. One pitch mentions the state of Morocco.

  Prince Zeid's OHCHR responded with a press release denying everything, concluding "the claims made by the staff member were found to be unsubstantiated."  Inner City Press has asked OHCHR this.

 But the Ethics Office memo - on which UN holdover spokesman Stephane Dujarric refused to answer Inner City Press, video here - admits Reilly's exposing of Morocco paying to promote OHCHR's Tistounet's book created a right to protection. And the event's website makes clear Morocco was paying, against the rules. That's not "unsubstantiated" - that's a cover up of corruption. On this and the rest, we'll have more.

  For now we only note that Zeid's OHCHR's self-serving total denial, seemingly a product of fear of loss of US funding, has been welcomed by Pierre Nkurunziza supporters in Burundi.

And this, from the annotator:

"They are clearly panicked, and the OHCHR Press Release is not saving the Ethics Office.   This would, of course, be the same OHCHR that still insists they did nothing wrong in the Kompass / CAR sexual abuse case…...

The question is not whether there was a casual connection between Eric Tistounet’s decision and Cao Shunli’s death.  Eric Tistounet’s decision gave Emma Reilly cause to be concerned for the safety of the human rights activists in China, and in the specific case of Cao Shunli, that concern turned out to be justified.

The question is whether Emma Reilly had reasonable grounds to believe that Eric Tistounet’s decision might be misconduct ….. and the Ethics Office bent over backwards to say ‘no’!

This would, of course, be the same Ethics Office as was involved in “facilitating” Zeid's misconduct complaint against Kompass - and didn’t know that child sex abuse generally gets a bad rap in the Press."

  Yes, that's them.

  The UN spokespeople who defended Ban Ki-moon's corruption to Inner City Press until the day he left, and stonewall now, often say the Ethics Office as approved this or that. For example, Ban's mentor and UN official Han Seung-soo being on the boards of directors of Doosan Infracore and Standard Chartered Bank, which has UN contracts.

  Or Jane Holl Lute, being on the board of a railroad, and also a "senior US administration official" while being a UN official. The list goes on.

UN Ethics Office memo to Emma Reilly, and on Eric Tistounet, via Inner City Press by Matthew Russell Lee on Scribd

   But it gets worse, much worse. As stated by the memo's annotator to Inner City Press:

"this is a whistleblower protection case. The staff member reported that OHCHR gave names of Chinese human rights activists to the Chinese government. This was when China was trying to get on the Human Rights Council. They prevented a number of activists from traveling to Geneva to attend the meetings, and we know that one of them subsequently died in police custody.

OHCHR tried very hard to keep this quiet, but one Human Rights Officer, Emma Reilly, complained about it. They then retaliated against her.

Of all the insanity in this, possibly the best bit of all is the Ethics Office arguing that even after OHCHR deviated from their usual policy and shared information with the Chinese government about which Chinese human rights activists were being accredited to attend the Human Rights meeting, and even though a human rights activist DIED after being detained to stop her traveling to a UN human rights meeting..........a UN Human Rights Officer still does not have reasonable grounds to believe that misconduct has taken place....... so nothing she said or did is 'protected.' The new whistleblower policy is a POS because nothing in it will give the s/m any comfort when the Ethics Office bends over backwards not to recognize retaliation. There is still nothing the staff member can do about this.
Can you make these documents available on your site?"

 But of course. See more of his summary here, and response to Ethics Office, here.

 And see this, from the Government Accountability Project which also requested a reversal of UN USG Cristina Gallach's retaliatory eviction of Inner City Press, without response from the old UNSG and old USUN / Isobel Coleman - still UNacted on by the new SG. We'll have more on this.

  The UN system's mistreatment of whistleblowers goes beyond the UN Secretariat's firing of Anders Kompass after he went public with sexual abuse of children in the Central African Republic by peacekeepers, and outright censorship in 2016.

  At the World Intellectual Property Organization, Director General Francis Gurry abused his power after a detailed charge of misconduct filed by then Deputy Director General James Pooley. Whistleblower Miranda Brown has yet to be reinstated.

There was a staff protest at WIPO in Geneva on January 25. Video here. Staff say, "Since 2008, WIPO staff have found themselves on the receiving end of DNA theft, interference in procurement processes, summary dismissal of their staff union president Moncef Kateb, intimidation of staff who speak out and cover-up, including the attempted suppression of an investigation by the UN's Office of Internal Oversight Services into inappropriate behaviour by their Director-General."

 Also on January 25, Inner City Press asked the UN's holdover spokesman Stephane Dujarric, UN transcript here:

Inner City Press: going back to when you announced the new whistle-blower policy.  I’m sure you’ve now seen that the Government Accountability Project has said it made some good steps, but they think it falls short of the US, under the US law that requires withholding contributions.  Do you disagree with that? They’re saying that the law requires external arbitration.

Spokesman:  I think we look forward to having a dialogue with the Government Accountability Office, more importantly, with the US authorities on this.  I think we’re very, we feel very strongly that the new whistle-blower policy meets best practices, that it is a great improvement on what the staff had before.  And I think it’s a testimony to both parties willing to move forward that the staff and management agreed on this rather quickly in the new Secretary-General’s term.

Inner City Press:  When you say the staff, given that there’s a dispute about who the staff union is, what do you mean by that?

Spokesman:  Well, it’s with the global, global staff management…

"to call for the removal of the WIPO Director General. The agreed demonstration will therefore take place on Wednesday, 25 January 2017 from 12h15 to 12h45 in front of the broken chair at the Place des Nations.  Speeches will start at 12h15 sharp.... We will also have some balloons to hand out which calls for the resignation of the WIPO Director General.

We count on your presence at the demonstration. Remember, today it is WIPO, but tomorrow it could be your organization."

  On January 6, Inner City Press asked the UN about reports it would be issuing a revised whistleblower policy, and about criticism of it. See below.

The policy was announced on January 23, the first full day of the Trump Administration in the US, where already legislation calls for cutting contributions to the UN if it does not protect whistleblowers. Will this, which still apparently denies access to the UN Dispute Tribunal, be enough?

Inner City Press asked UN holdover spokesman Stephane Dujarric on January 23, video here, UN transcript here:

Inner City Press: now that you've announced this… the whistle-blower policy, I wanted to ask you a couple of things.  As I'm sure you know, the Government Accountability Project in [Washington], D.C., had criticized this policy in December 2016, and I wanted to know, has… can you highlight any changes?  Basically, they were saying that, in the past, they… they are saying it's weakening, the current one, which says, if you allege a violation of a rule, you're protected.  And now you have to allege, according to them in December, substantial harm to the UN's reputation and that that harm will be… Has been resolved?

Spokesman:  I think what they… the criticism was aimed at a draft that they obtained.  I will leave it for them to speak.  I hope they and all concerned Member States will read through the policy.  And if they have any comments, we obviously would welcome them.  But, I think no… it's… it would be difficult to argue that this new policy weakens the whistle-blower protection system.  In fact, it strengthens it, and it keeps alive the broad parameters under which… under which staff members are able to file complaints with the Ethics Office.

Inner City Press:  What are António Guterres' views of what happened with Mr. [Anders] Kompass?  This was a high-profile whistle-blower case known to many Member States and commented on newspapers all over the world.  Does he believe that… would this new protection… would this new policy have in any way protected Anders Kompass from being fired and thrown out of his office?

Spokesman:  I think it's… Mr. Kompass' case was examined thoroughly by the… by the independent panel.  I really don't have anything to… you know, I… it's… I don't think it would be… it would not be possible for me to hypothetically plug back in what he may have done or may not have done into a policy that's just been enacted.

Inner City Press:  And can you just… I'd asked you over the weekend, but can you somehow, in a succinct way, clarify what the Ethics Office said about the Women's March on Saturday?  They sent out an e-mail at 5 p.m.… 6 p.m. on Friday that saying participation in political events may be contrary to the UN Charter.  Was this meant to tell staff not to go?

Spokesman:  I think the message from the Ethics Office was meant as a reminder to international civil servants as to their code of conduct.  It was not meant to prevent participation in the march.

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