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After Month of UN Abuse and Ban Inner City Press' Formal Complaint to Guterres' UN Security

By Matthew Russell Lee

UNITED NATIONS, August 6 -- A month after Inner City Press' reporter was roughed up by UN Secretary General Antonio Guterres' Security officers as he covered the UN Budget Committee meeting on Guterres' $6.7 billion budget, a formal complaint has been filed, here. After Guterres' UN banned Inner City Press from entering the building while taking no action against the UN Department of Safety and Security (DSS) officers who engaged in brutality on July 3, the UN's impunity is challenged in the filing, under the UN's rules the Under Secretary General of DSS Peter Drennan of Australia but copied and directed to Guterres, to whom additional arguments have been made, watch this site. From the text of the filing with UN Security: REPORT OF PROHIBITED CONDUCT (HARASSMENT, ABUSE OF AUTHORITY) AND ‘FORMAL COMPLAINT’ SUBMITTED TO UN UNDER SECRETARY GENERAL FOR SAFETY AND SECURITY, MR PETER DRENNAN, PURSUANT TO ST/SGB/2008/5

Dear Under Secretary General Drennan,
I am a journalist who has been reporting on the UN and its specialized agencies since 2005. I became accredited by the UN in 2005 and was a Resident Correspondent from 2006 into 2016, when while covering the Ng Lap Seng / John Ashe UN bribery scandal I had my accreditation reduced to non-resident correspondent. My articles are widely read around the world as well as within UN Headquarters in New York and other UN duties stations, by Member States, UN staff and by those with an interest in the workings of the organization. My articles are frequently critical of the UN establishment and its senior officials. I have broken the news on many of the most significant stories in the UN, including on sexual abuse, notably in relation to child sexual abuse in the Central African Republic, Cameroon and retaliation against whistleblowers across the UN system. I have reported on irregular UN appointments and promotions, including in relation to DSS staff, and also on DSS’ processing of a threat against former UNESCO Director General Irina Bokova.  The fact that I bear witness to inconvenient truths is no justification for my censure and ill-treatment.

I hereby submit to you, as the ‘responsible official’ at the UN Department of Safety and Security (pursuant to ST/SGB/2008/5), a report of prohibited conduct and ‘formal complaint’ of severe harassment and abuse of authority against me by UN Department of Safety and Security staff (DSS) member Lieutenant Ronald E. Dobbins and four other unnamed DSS staff members. These five DSS staff members harassed me, including using physical force, and abused their authority to have me removed from the UN premises, in violation of ST/SGB/2008/5 and of the UN Media Access Guidelines and other UN policies, as well as the right to freedom of expression.  The harassment and abuse of authority against me occurred inside UN premises on 22 June 2018, when Lt. Dobbins and four members of DSS' Emergency Response Unit (ERU)—who refused to identify themselves—expelled me from the building and again on 3 July 2018 with a DSS officer who did not give his name but who tore my shirt and twisted my arm.

On 22 June 2018 I was working at the UN as an accredited journalist, in compliance with the UN Media Access Guidelines, covering an event in the General Assembly that was listed in the UN Media Alert as beginning at 6 pm, but for which Secretary General Guterres only arrived at 6:45 pm to give his speech. At 7:15 pm I was going back up to the so-called media bullpen Room S-408 on the fourth floor of the Secretariat Building to write my article about the Secretary General's speech when Lt. Dobbins stopped me at the turnstile and wrongfully ordered me leave the building. (Significantly, I have previously published an article, on InnerCityPress.com, with a leaked DSS email about irregularities with Dobbins' and others' promotions.) In response, I requested that Lt. Dobbins call the Media Accreditation Unit, so that they could inform him of the rule that states that I can stay in the UN building for an advised event after 7 pm and for one hour after.

But Lt. Dobbins refused to call the Media Accreditation Unit and instead called four ERU officers, who proceeded to physically push me out through the lobby, even as I pointed out to them other non-resident correspondents remaining behind. (Some were to attend, and on information pay for, the DSS barbecue with cash bar that night just outside the GA lobby). I asked for the ERU officers' names and Lt. Dobbins told them not to provide it and instead stated “you've got my name.” But even that he refused to spell, telling me “Spell it how you want.” All of this was captured on video.

On 3 July 2018 I was covering the advised Fifth (Budget) Committee meetings in the 1B basement, interviewing the Committee chair Tommo Monthe in the Vienna Cafe area and preparing to upload the interview when I was physically grabbed by Lt. Dobbins and an unnamed partner (DSS staff member). I was forced out of the building while the Budget meeting I had a right to cover (as I have for ten years, including the last two as a non-resident correspondent) continued to 4 am. My arm was hurt, my shirt torn, and my laptop damaged.  A video record of this use of force against me is available on Innnercitypress.com. I filed a criminal report with the 17th Precinct of the New York Police Department (NYPD) on 4 July 2018. 

On July 5, 2018, the day after I filed the criminal report with the NYPD, I was informed by DSS officers that I was “banned” from the UN and have remained so as of that date. I am told there is a letter banning me and that my photo is in an array of such banned people, putting me at risk. My repeated requests to DSS staff for the reasons for my ban and for a copy of the letter banning me remain unanswered. I have also asked which UN official took the decision to ban me, but have not been told.

The ejection, including by force, and continued exclusion of an accredited journalist from the UN premises constitutes prohibited conduct, harassment and an abuse of authority, as defined by ST/SGB/2008/5. This policy sates that complaints can be made by any person who may have been subjected to prohibited conduct by a UN staff member in a work-related situation. Please confirm receipt of this filing immediately.

COMPLAINANT

1. Matthew Russell Lee, US citizen, journalist, accredited since 2005 by the UN, with Inner City Press: http://www.innercitypress.com/

RECEIVABILITY

2. This Complaint is submitted to you pursuant to the following regulations and guidelines:
Secretary General’s bulletin ‘Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority’ (ST/SGB/2008/5)
UN Media Access Guidelines
ICSC Standards of Conduct for the International Service
UN Staff Regulations and Rules
Secretary General’s bulletin ‘Delegation of authority in the administration of the Staff Regulations and Staff Rules’

3. ST/SGB/2015/1 ST/SGB/2008/5, paragraph 5.11, requires the ‘aggrieved individual’ to submit a complaint to the head of department, or office. Accordingly, I am submitting this complaint to you as the head of DSS. I have sent a copy of this complaint to the Department of Human Resources, consistent with the requirements of ST/SGB/2005/8.

4. ST/SGB/2005/8 states:
2.3 In their interactions with others, all staff members are expected to act with tolerance, sensitivity and respect for differences. Any form of prohibited conduct in the workplace or in connection with work is a violation of these principles and may lead to disciplinary action, whether the prohibited conduct takes place in the workplace, in the course of official travel or an official mission, or in other settings in which it may have an impact on the workplace.

5. My complaint is clearly receivable under paragraph 2.4 of ST/SGB/2008/5, which states:
2.4 The present bulletin shall apply to all staff of the Secretariat. Complaints of prohibited conduct may be made by any staff member, consultant, contractor, gratis personnel, including interns, and any other person who may have been subject to prohibited conduct on the part of a staff member in a work-related situation.

6. The prohibited conduct, harassment and abuse authority was perpetrated by DSS staff members in a work-related situation, in the UN premises, when both the staff members and I were working.

7. Further, ST/SGB/2008/5 states:

3.2 Managers and supervisors have the duty to take all appropriate measures to promote a harmonious work environment, free of intimidation, hostility, offence and any form of prohibited conduct. They must act as role models by upholding the highest standards of conduct. Managers and supervisors have the obligation to ensure that complaints of prohibited conduct are promptly addressed in a fair and impartial manner. Failure on the part of managers and supervisors to fulfil their obligations under the present bulletin may be considered a breach of duty, which, if established, shall be reflected in their annual performance appraisal, and they will be subject to administrative or disciplinary action, as appropriate.

3.3 Heads of department/office are responsible for the implementation of the present bulletin in their respective departments/offices and for holding all managers and other supervisory staff accountable for compliance with the terms of the present bulletin.

8. Under the policy, as the head of department you are required to ensure that my complaint of prohibited conduct is promptly addressed in a “fair and impartial manner”. Failure to declare and address a conflict of interest constitutes misconduct under the Code of Conduct for International Civil Servants and UN Staff Regulations and Rules, to which you are bound. Should you decide that you have a conflict of interest in my case, given my public reporting of allegations of wrongdoing at the highest levels of DSS, I request that you refer my complaint to the Secretary General.

NATURE OF THE COMPLAINT

9. Staff of UNDSS have engaged in prohibited conduct, including harassment and physical force and abuse authority towards me, as defined under paragraphs 1.2 (harassment) and 1.4 (abuse of authority) of ST/SGB/2008/5. The UNDSS staff engaged in this prohibited conduct include Lieutenant Ronald E. Dobbins and five unnamed staff of the Emergency Response Unit.

10. On 22 June 2018 I was working at the UN as an accredited journalist, in compliance with the UN Media Access Guidelines, covering an event in the General Assembly that was listed in the UN Media Alert as beginning at 6 pm, but for which Secretary General Guterres only arrived at 6:45 pm to give his speech.

11. At 7:15 pm I was going back up to the so-called media bullpen Room S-408 on the fourth floor of the Secretariat Building to write my article about the Secretary General's speech when Lt. Dobbins stopped me at the turnstile and wrongfully ordered me leave the building. In response, I requested that Lt. Dobbins call the Media Accreditation Unit, so that they could inform him of the rule that states that I can stay in the UN building for an advised event after 7 pm and for one hour after.

12. But Lt. Dobbins refused to call the Media Accreditation Unit and instead called four ERU officers, who proceeded to physically push me out through the lobby, even as I pointed out to them other non-resident correspondents remaining behind. (Some were to attend, and on information pay for, the DSS barbecue with cash bar that night just outside the GA lobby). I asked for the ERU officers' names and Lt. Dobbins told them not to provide it and instead sated “you've got my name.” But even that he refused to spell, telling me “Spell it how you want.”

13. Lt. Dobbins displayed considerable personal animus towards me. Significantly, I had previously publicly disclosed on InnerCityPress.com an article with a DSS email showing irregularities with Lt. Dobbins and other DSS staff’s promotions. 

14. On 3 July 2018 I was covering the advised Fifth (Budget) Committee meetings in the 1B basement, interviewing the Committee chair Tommo Monthe in the Vienna Cafe area and preparing to upload the interview when I was physically grabbed by Lt. Dobbins and an unnamed partner (DSS staff member). I was forced out of the building while the Budget meeting I had a right to cover (as I have for ten years, including the last two as a non-resident correspondent) continued to 4 am. My arm was hurt, shirt torn, and laptop damaged.  A video record of this use of force against me is available on Innnercitypress.com. I filed a criminal report with the 17th Precinct of the New York Police Department (NYPD) on 4 July 2018.

15. On 5 July 2018, the day after I filed the criminal report with the NYPD, I was informed by DSS officers that I was “banned” from the UN and have remained so as of that date. I am told there is a letter banning me and that my photo is in array of such banned people, putting me at risk. My repeated requests to DSS staff for the reasons for my ban and for a copy of the letter banning me remain unanswered. I have also asked which UN official took the decision to ban me but have not been told. The failure to provide me with this information is in violation of my rights as an accredited journalist and constitutes further abuse of authority.

HARASSMENT

16. Harassment is defined under ST/SGB/2005/8 as: 1.2. Harassment is any improper and unwelcome conduct that might reasonably be expected or be perceived to cause offence or humiliation to another person. Harassment may take the form of words, gestures or actions which tend to annoy, alarm, abuse, demean, intimidate, belittle, humiliate or embarrass another or which create an intimidating, hostile or offensive work environment. Harassment normally implies a series of incidents. Disagreement on work performance or on other work-related issues is normally not considered harassment and is not dealt with under the provisions of this policy but in the context of performance management.

Clearly the actions of Lt. Dobbins and four other unnamed DSS officials constitute actions which “alarm”, “abuse”, “demean”, “intimidate”, “belittle”, “humiliate” and “embarrassed” me. The use of force, including the tearing of my shirt, physical ejection from the building and removal of my laptop, were hostile acts taken against me as an accredited journalist, in a work environment. There was also clearly a “series of incidents”, over a period of weeks.

ABUSE OF AUTHORITY

17. Abuse of authority is defined under ST/SGB/2005/8 as 1.4 Abuse of authority is the improper use of a position of influence, power or authority against another person. This is particularly serious when a person uses his or her influence, power or authority to improperly influence the career or employment conditions of another, including, but not limited to, appointment, assignment, contract renewal, performance evaluation or promotion. Abuse of authority may also include conduct that creates a hostile or offensive work environment which includes, but is not limited to, the use of intimidation, threats, blackmail or coercion. Discrimination and harassment, including sexual harassment, are particularly serious when accompanied by abuse of authority.

18. Lt. Dobbins and other DSS staff have clearly abused their authority. They have used their position of influence, power, and authority against me to improperly eject me from the UN premises, with force, and exclude me from re-entering the building. Lt. Dobbins’ personal animus towards me was obvious from our interactions and most likely stems from my reporting of his irregular promotion. Given my reporting of allegations against him, Lt. Dobbins should have recused himself and his subordinates from taking any adverse action whatsoever against me.  His failure to declare his conflict of interest and recuse himself constitutes harassment and abuse of authority under ST/SGB/2008/5 and also misconduct under the UN Staff Regulations and Rules.

19. Under Article 5.9 ST/SGB/2008/5, you are required “to provide continuing support to the aggrieved party at every stage of the process”, regardless of the outcome of investigation. Accordingly, I request a meeting to discuss the support that will be provided to me in the interim.
 
20. Please treat this submission as a ‘formal complaint’ and a demand for a fact-finding investigation into the prohibited conduct of Lt. Dobbins (including his conflict of interest) and the other unnamed DSS staff, consistent with sections 5 and 6 of ST/SGB/2008/5 and the UN Staff Regulations and Rules.

21. ST/SGB/2008/5 also provides for the informal resolution of complaints. An informal resolution may be in the best interests of all those concerned.

22. This complaint is submitted without prejudice and under reservation of all rights.

Matthew Russell Lee, 5 August 2018

***

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