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UN Legal Chief Michel Departs, Housing Subsidy
Questions Still Unanswered
Byline: Matthew Russell Lee of
Inner City Press at the UN: News Analysis
UNITED NATIONS,
July 25 -- Outgoing UN legal chief
Nicolas
Michel was asked Friday about his reasons for leaving, which he
had previously
ascribed to not being able to rent "appropriate" housing for himself
and his family on the salary, large by New York standards, that the UN
provided
him. Michel's answer was that UN pension
plans are not flexible enough to recruit the top people. He did not
address or
make any proposal about the UN's restriction on its employees taking
money from
outside sources.
Some
were surprised: if he felt it was okay to take money, as
he did, from the Swiss government, why not defend the practice and try
to
opening legalize it on the way out? While saying he was flying out of
the U.S.
that afternoon, he also said he will remain in charge until September 1
-- August
being a paid leave, apparently. Perhaps after September 1 he will
further
explain himself.
Back
on September
12, 2006, Inner City Press asked Michel about the legality of
accepting money from a government for housing. Video here, beginning at Minute 44:17. Michel answered by reading out a
written statement:
"I can simply confirm that,
constantly if I am well informed, applicable rules and regulations have
been
interpreted and implemented in a way that reflects the view that in
specific
situations and for particular reasons, the Secretary-General can give a
special
authorization for a government to give housing subsidies. Now this has
to be in
line with rules and practice. That is to say, I repeat, there is a need
for a
special authorization from the Secretary General, the housing subsidy
has to be
disclosed in the Financial Disclosure Form, and of course the staff
member has
to behave in such a way that is in accordance with Article 100 of the
Charter."
Michel
refused to disclose at that time that he, in fact, was the reference UN
official relying on a waiver from then-Secretary
General Kofi Annan from
otherwise applicable rules, that UN employees cannot take money from
outside
sources, particularly governments. The UN Charter's
Article 100 requires all UN staff to "refrain from any action which
might
reflect on their position as international officials responsible only
to the
Organization."
Inner City
Press later reported that Michel was receiving housing subsidies --
which he
only acknowledged more than a year after he was asked -- and that he
had not
included this pertinent information in his public financial disclosure
form --
on, he said, a ruling by the UN Ethics Officer, who in the UN hierarchy
is
subordinate to him. Inner City Press
asked both the Swiss
Mission to the UN and Michel how much money had changed
hands for housing subsidy, but neither
would provide the information. After
that, Michel
refused to answer any questions, even on topics unrelated to
housing subsidy or public financial disclosure.
Nicolas Michel at farewell UN press
conference, housing subsidy explanation not shown
Against
this background, Inner City Press at Michel's "farewell"
press
conference on Friday -- other portions of which, particularly
Michel's
Office's provision
of information to the International Criminal Court
in the now-suspended case against Congo militia leader Thomas Lubanga
are covered elsewhere on this
site, see article here --
broached the topic as diplomatically as possible, asking if
Michel had
any proposals to change UN rules, or to increase salaries. Michel to
his credit
didn't refuse to subsequently speak, but what he said cannot
legitimately be
called responsive. He did not mention housing subsidy nor the amount of
money
he received. Rather, he again
said that the UN should make its pension plans more
"portable" -- a fine suggestion, but in context, an evasion. Others
are foregoing some pension contributions they might otherwise
receiving,
including for example outgoing head of Safety and Security David
Veness, slated
to leave on August 15 (although some say he'll remain through the late
September
meetings of the General Assembly).
Perhaps
Michel's silence means that the issue is dead, that no more waivers
will be
given and UN officials will have to live on their salaries and savings.
If so
it would be good to know that. If there is an argument to have done
what Michel
did -- take money from the Swiss government, then not include it in his
public
financial disclosure form, nor reveal the volume of contributions in
response
to press inquiries, it would have been good to hear it. Perhaps after
September
1.
Footnote: In terms of Michel's
replacement, word is spreading that it will be the legal adviser to the
Danish foreign ministry, Peter Taksoe-Jensen. If so, there will be more
to say. Watch this site.
And
this --
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