After
More Than A Month of UN Ban
Inner City Press Files
Complaint on Smale and
Dujarric
By Matthew
Russell Lee
UNITED NATIONS
GATE, August 7 -- More than 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
request for full reinstatement
or recusal has been filed to
Guterres, his also vacationing
Chief of Staff and Deputy, see
below. 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, and first on June 22 as
ghoulishly predicted and
presumably arranged by
Guterres' lead Spokesperson
Stephane Dujarric with an
assist from Guterres' Global
Communicator / propagandist
Alison Smale, this was filed
on August 7: "REPORT OF
PROHIBITED CONDUCT
(HARASSMENT, ABUSE OF
AUTHORITY) AND ‘FORMAL
COMPLAINT’ SUBMITTED TO THE
SECRETARY GENERAL, MR ANTONIO
GUTERRES, PURSUANT TO
ST/SGB/2008/5
SUMMARY
Dear Secretary General,
I am a journalist who has been
reporting on the UN and its
specialized agencies since
2005. I became accredited to
the UN in 2005 and was
assigned office space and made
a resident correspondent in
2006, to 2016 when as I
covered the John Ashe / Ng Lap
Seng UN bribery case I was
evicted and downgraded to
non-resident correspondent. My
articles are widely read
around the world, including as
is relevant here in UN
Headquarters in New York and
other UN duty 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, human rights
violations in Cameroon and
retaliation against
whistleblowers across the UN
system. I have also
reported on irregular UN
appointments and promotions,
fraud and corruption. Many of
the allegations I reported
have been substantiated by
‘duly authorized’ UN
investigations. The fact that
I bear witness to inconvenient
truths, effectively as a
whistleblower undertaking
protected activity, is no
justification for my illegal
censure and ill-treatment.
I hereby submit to you, as the
‘responsible official’
(pursuant to ST/SGB/2008/5 and
ST/SGB/2015/1), a report of
prohibited conduct and ‘formal
complaint’ of severe
harassment and abuse of
authority against me by the
Under Secretary General (USG)
for Public Information, Ms.
Alison Smale and by your
Spokesperson Mr. Stephane
Dujarric. Under the Secretary
General’s bulletin ‘Delegation
of authority in the
administration of the Staff
Regulations and Staff Rules’
(ST/SGB/2015/1), you have
maintained authority for
initiating an investigation
and any disciplinary
proceedings against staff of
the USG level. In relation to
your Spokesperson, Mr
Dujarric, I am assuming that
he reports directly to you.
The decisions taken by DPI in
2016 to downgrade my status to
non-resident journalist and
withdraw my office, and then
in 2018 to withdraw my access
rights and to forcibly eject
me and ban me from the UN
premises are fundamentally
flawed, retaliatory,
unethical, tainted by conflict
of interest and evidence of
corruption. The Member States
have not delegated authority
to you or the Secretariat to
adjudicate disputes with
journalists over their rights
or privileges at the UN –
indeed the Member States have
explicitly retained such
authority over the
accreditation and access for
NGOs, which is managed by
ECOSOC and its Committee on
NGOs. The Secretariat’s
(DPI’s) role is strictly
limited to “providing
accreditation services to
journalists” (ST/SGB/1999/10
‘Organisation of the
Department of Public
Information’) not to
disciplining them or
adjudicating disputes on their
conduct.
While USG Smale was not in
office at the time DPI took
its tainted and fundamentally
flawed decision in 2016 to
rescind my resident status,
she has perpetuated the
wrongful decision, injustice
and violation of my human
rights: this must now be
urgently corrected. The
Secretariat clearly has a
conflict of interest in
deciding on the rights of
journalists, especially in
cases where the journalist has
been critical of the
Secretariat’s performance.
DPI’s mandate is to “promoting
public understanding and
support for the United
Nations” (ST/SGB/1999/10): the
journalist’s role is to
report, including on the UN’s
failures. USG Smale’s
unilateral and unlawful
decisions against me clearly
constitute harassment and
abuse of authority under the
provisions of ST/SGB/2008/5.
I also allege that USG Smale
authorized my unlawful
physical ejection from the UN
premises on 22 June 2018 and
again on 3 July 2018 and that
she has ordered the ongoing
unlawful ban against me from
entering the UN
premises. 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. A video record of this
use of force against me is
available on
Innnercitypress.com. I have
been banned from entering UN
premises ever since.
Please note that a separate
complaint has been filed (on 5
August 2018) with the USG for
Safety and Security, Mr Peter
Drennan, concerning prohibited
conduct (harassment and abuse
of authority) by staff in the
Department of Safety and
Security (DSS) – see attached
ANNEX A and published on
innercitypress.com. My
physical ejection from the UN
premises was also criminal,
and I have filed a criminal
complaint with the New York
City Police (reference
#2018-017-2848, see attached
ANNEX B) on 4 July 2018, which
complaint is still
pending.
In relation to your
Spokesperson Mr Dujarric, I
allege that he was consulted
by Ms Smale and provided
advice in relation to her
decisions to maintain my
downgraded status of
‘non-resident’ journalist, as
well as on my unlawful
expulsion and ban from the UN
premises. Specifically, I
allege that recommendations to
Ms Smale were were tainted by
conflict of interest and
personal animus towards me. I
have published many articles
which have been critical of Mr
Dujarric’s actions and
conduct. Mr Dujarric has
repeatedly made
negative comments about me,
including during work
meetings. On 20 June 2018, the
date after I published
criticism of Dujarric
selectively giving your
comments on the US withdrawal
from the UN Human Rights
Council to a three-person Al
Jazeera crew, a witness
reported to me that Mr
Dujarric stated on that it was
“too late’ and “things will
get much worse for Matthew”.
Further back in 2013 when Mr
Dujarric was not the
Spokesperson but rather in
change of Media Accreditation,
he in essence told me that my
continued resident
accreditation would be
conditioned on stopping
negative or uncivil coverage
of then USG for Peacekeeping
Herve Ladsous, for example
that Ladsous said peacekeepers
would engage in less sexual
exploitation and abuse if they
had more “R&R.”
Recently he told
the Colombia Journalism Review
(CJR), that “Just like the
White House, access is not a
right, it’s a
privilege”. I
fundamentally disagree with
this assertion, given the UN
is a public institution, and
not the executive branch of
government. Further, the
Secretariat has no mandate to
determine who gets the
"privileges" and when and why
they are taken away. Mr
Dujarric has also wrongfully accused
me of ‘incivility’, when his
own conduct towards me has
been far from civil, including
his swearing about me in the
working environment4.
Finally, I draw your attention
to the 2017 General Assembly
resolution on ‘The safety of
journalists and the issue of
impunity’
(A/C.3/72/L.35/Rev.1) which:
“1. Condemns unequivocally all
attacks and violence against
journalists and media workers,
such as torture, extrajudicial
killings, enforced
disappearances, arbitrary
arrest and arbitrary
detention, as well as
intimidation, threats and
harassment, including through
attacks on, or the forced
closure of, their offices and
media outlets, in both
conflict and non-conflict
situations
12. Condemns unequivocally
measures in violation of
international human rights law
aiming to or that
intentionally prevent or
disrupt access to or
dissemination of information
online and offline, aiming to
undermine the work of
journalists in informing the
public, and calls upon all
States to cease and refrain
from these measures, which
cause irreparable harm to
efforts at building inclusive
and peaceful knowledge
societies and democracies.”
USG Smale and Spokesperson
Dujarric have also abused
their authority in taking
decisions which violate with
impunity a resolution of the
UN General Assembly on the
protection of journalists.
Please confirm receipt of this
report of prohibited conduct
and ‘formal complaint’ of
harassment and abuse of
authority (pursuant to
ST/SGB/2008/5) against USG
Smale and your Spokesperson
Dujarric.
COMPLAINANT
1. Matthew Russell Lee, US
citizen, journalist,
accredited 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’ (ST/SGB/2015/1)
Secretary General’s bulletin
‘Organisation of the
Department of Public
Information’ (ST/SGB71999/10)
UN Charter
UN General Assembly resolution
‘The safety of journalists and
question of impunity’
(A/C.3/72/L.35/Rev.1)
3. ST/SGB/2008/5, paragraph
5.11, requires the ‘aggrieved
individual’ to submit a
complaint to the head of
department, or office.
ST/SGB/2015/1 stipulates that
the Secretary General has
retained authority to initiate
investigations and
disciplinary measures for
staff of the USG level. Given
that my allegations of
prohibited conduct and
harassment and abuse of
authority concern a USG, Ms
Alison Smale (DPI) and also
your Spokesperson, I am
submitting this report
directly to you as the
‘responsible official’.
I have also sent a copy of
this complaint to the
Department of Human Resources,
consistent with the
requirements of ST/SGB/2008/5.
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
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 USG Smale
and Spokesperson Dujarric 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, and
consistent with the provisions
of ST/SGB/2015/1) 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 against you, I
request that you refer my
complaint [elsewhere]. 9. I
also draw your attention to
relevant parts of the UN
General Assembly resolution on
‘The safety of journalists and
question of impunity’
(A/C.3/72/L.35/Rev.1) which
the Secretariat must surely
abide by:
“Recognizing the importance of
freedom of expression and of
free media, online as well as
offline, in building inclusive
and peaceful knowledge
societies and democracies and
in fostering intercultural
dialogue, peace and good
governance, as well as
understanding and
cooperation,“
“Recognizing also that the
work of journalists often puts
them at specific risk of
intimidation, harassment and
violence, the presence of
which often deters journalists
from continuing their work or
encourages self-censorship,
consequently depriving society
of important information,”
“Deeply concerned by all human
rights violations and abuses
committed in relation to the
safety of journalists and
media workers, including
killing, torture, enforced
disappearance, arbitrary
arrest and arbitrary
detention, expulsion,
intimidation, harassment,
threats and other forms of
violence.”
“1. Condemns unequivocally all
attacks and violence against
journalists and media workers,
such as torture, extrajudicial
killings, enforced
disappearances, arbitrary
arrest and arbitrary
detention, as well as
intimidation, threats and
harassment, including through
attacks on, or the forced
closure of, their offices and
media outlets, in both
conflict and non-conflict
situations.”
“12. Condemns unequivocally
measures in violation of
international human rights law
aiming to or that
intentionally prevent or
disrupt access to or
dissemination of information
online and offline, aiming to
undermine the work of
journalists in informing the
public, and calls upon all
States to cease and refrain
from these measures, which
cause irreparable harm to
efforts at building inclusive
and peaceful knowledge
societies and democracies.”
NATURE OF THE COMPLAINT
10. USG for DPI, Ms Alison
Smale, and your Spokesperson,
Mr Stephane Dujarric have
engaged in prohibited conduct,
including harassment and abuse
authority towards me, as
defined under paragraphs 1.2
(harassment) and 1.4 (abuse of
authority) of ST/SGB/2008/5.
Specifically, Ms Smale has
perpetuated an unlawful
decision taken in 2016 to
rescind my status as a
resident journalist and
downgrade it to non-resident,
and further to withdraw my
office. Neither the Secretary
General, nor the Secretariat,
have been delegated the
authority by the Member States
take any action whatsoever
against journalists or to
rescind their rights and
privileges. The Secretariat’s
(DPI’s) role is limited to
“providing accreditation
services to journalists”
(ST/SGB/1999/10, Section
8.3(c)). DPI has no lawful
authority to rescind my
‘resident’ status, withdraw my
office, or ban me from the UN
premises. Further the UN Media
Access Guidelines have not
been approved by the Member
States and do not have any
legal standing.
11. In her letter to Ms
Beatrice Edwards at the
Government Accountability
Project (GAP), dated 19 July
2018, see attached ANNEX D),
claims in relation to the
downgrading of my resident
status, that “the matter is
closed”. USG Smale has no
lawful authority to impose or
maintain disciplinary measures
on a journalist working at the
UN.
12. While USG Smale was not in
office at the time DPI took
its tainted and fundamentally
flawed decision in 2016 to
rescind my resident status,
she has perpetuated the
wrongful decision, injustice
and violation of my human
rights: this must now be
urgently corrected. The
Secretariat clearly has a
conflict of interest in
deciding on the rights of
journalists, especially in
cases where the journalist has
been critical of the
Secretariat’s performance.
DPI’s mandate is to “promoting
public understanding and
support for the United
Nations” (ST/SGB/1999/10): the
journalist’s role is to
report, including on the UN’s
failures.
13. In relation to your
Spokesperson Mr Dujarric, I
allege that he was consulted
by Ms Smale and provided
advice in relation to her
decisions to maintain my
downgraded status of
‘non-resident’ journalist, the
withdrawal of my office, as
well as on my unlawful
expulsion and ban from the UN
premises. Specifically, I
allege that Mr Dujarric’s
recommendations to Ms Smale
were were tainted by conflict
of interest and personal
animus towards me. I have
published many articles which
have been critical of Mr
Dujarric’s actions and
conduct. Mr Dujarric has
repeatedly made negative
comments about me, including
during work meetings, which
have been recorded, like his
use of the “F-bomb” he accuses
me of.
14. Spokesperson Dujarric has
been overheard making
threatening statements about
me to a witness, further
evidence of which would be
produced in a duly authorized
fact-finding
investigation. On 20
June 2018, the date after I
published criticism of
Dujarric selectively giving
your comments on the US
withdrawal from the UN Human
Rights Council to a
three-person Al Jazeera crew,
a witness reported to me that
Mr Dujarric stated on that it
was “too late’ and “things
will get much worse for
Matthew”. Further back in 2013
when Mr Dujarric was not the
Spokesperson but rather in
change of Media Accreditation,
he in essence told me that my
continued resident
accreditation would be
conditioned on stopping
negative or uncivil coverage
of then USG for Peacekeeping
Herve Ladsous, for example
that Ladsous said peacekeepers
would engage in less sexual
exploitation and abuse if they
had more “R&R.”
15. Recently he told the
Colombia Journalism Review
(CJR)1, that “Just like the
White House, access is not a
right, it’s a
privilege”. I
fundamentally disagree with
this assertion, given the UN
is a public institution, and
not the executive branch of
government. Further, the
Secretariat has no mandate to
determine who gets the
"privileges" and when and why
they are taken away. Mr
Dujarric has also wrongfully
accused me of ‘incivility’2,
when his own conduct towards
me has been far from civil,
including his swearing about
me in the working
environment3.
16. I also alleged that USG
Smale and Mr Dujarric have
also colluded with DSS staff,
including Lieutenant Ronald E.
Dobbins and five unnamed staff
of the Emergency Response
Unit, in engaging in this
prohibited conduct. Please
note that a separate complaint
has been filed (on 6 August
2018) with the USG for Safety
and Security, Mr Peter
Drennan, concerning prohibited
conduct (harassment and abuse
of authority) by the five DSS
staff. My physical ejection
was also criminal, and I have
filed a criminal complaint
with the New York City Police
(reference #2018-017-2848, see
attached, ANNEX B) on 4 July
2018, which complaint is still
pending.
17. On 22 June 2018 I was
working at the UN as an
accredited journalist, in
compliance with the UN Media
Access Guidelines (which have
no legal standing), covering
an event in the General
Assembly that was listed in
the UN Media Alert as
beginning at 6 pm, but
for which you only arrived
at 6:45 pm to give
your speech.
18. At 7:15 pm I was
going back up to the media
bullpen 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.
19. 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
the DSS barbecue 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.”
20. 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.
21. 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
continued until 4 pm. I
had a right to cover this
meeting (as I have for ten
years, including the last two
as a non-resident
correspondent). My arm
was hurt, 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.
22. 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
23. 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 USG
Smale and Mr Dujarric
constitute actions which
“alarm”, “abuse”, “demean”,
“intimidate”, “belittle”,
“humiliate” and “embarrassed”
me. USG Smale’s decision
to maintain the downgrading of
my ‘resident’ status and
withdrawal of my office, as
well as my ban from the UN
premises are abusive,
demeaning, intimidating,
humiliating and embarrassing.
There are clearly ‘a series of
incidents’, dating from 2016
when DPI unlawfully and
without authority downgraded
my resident status to
non-resident. The actions
taken against me by ASG Smale
are punitive and retaliatory
and have caused offence and
public humiliation. I am
currently forced to report
from the street outside the UN
premises.
USG Smale’s authorization of
my removal from the premises,
through 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”.
24. Spokesperson Dujarric has
been overheard making
threatening statements about
me to a witness, further
evidence of which would be
produced in a duly authorized
fact-finding
investigation. On 20
June 2018, the date after I
published criticism of
Dujarric selectively giving
your comments on the US
withdrawal from the UN Human
Rights Council to a
three-person Al Jazeera crew,
a witness reported to me that
Mr Dujarric stated on that it
was “too late’ and “things
will get much worse for
Matthew”. Further back in 2013
when Mr Dujarric was not the
Spokesperson but rather in
change of Media Accreditation,
he in essence told me that my
continued resident
accreditation would be
conditioned on stopping
negative or uncivil coverage
of then USG for Peacekeeping
Herve Ladsous, for example
that Ladsous said peacekeepers
would engage in less sexual
exploitation and abuse if they
had more “R&R.” Mr
Dujarric’s conduct was
“hostile” and “offensive”.
ABUSE OF AUTHORITY
25. Abuse of authority is
defined under ST/SGB/2008/5 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.
26. ASG Smale and Spokesperson
Dujarric have clearly abused
their authority. They have
used their position of
influence, power, and
authority against me to
unlawfully maintain my
non-resident status and
withdrawal of my office, eject
me from the UN premises, with
force, and exclude me from
re-entering the building.
27. The failure to report and
address a conflict of interest
is an abuse of authority. In
my case, there is both
‘organizational’ and
‘personal’ conflict of
interest4, which stems from my
reporting of the UN and
Secretariat’s failures and
wrongdoing over many years.
28. I have reported on an
ongoing basis, allegations of
corruption, fraud, serious
misconduct and unethical
behaviour at the top echelons
of the UN, as well as on the
continuing retaliation against
UN whistleblowers. I have
broken the news on many
stories at innercitypress.com
which sadly reflect negatively
on the performance of senior
UN officials, including your
own as Secretary General.
29. Many of the allegations of
misconduct I have reported
publicly at innercitypress.com
have been substantiated
through ‘duly authorised’ UN
investigations, including the
UN’s gross institutional
failure in responding to the
child sexual abuse and
pedophilia by peacekeepers in
the Central African Republic
(CAR) and the abuse of
authority by senior UN
officials against Anders
Kompass (see CAR Review Panel
Report A/71/99). The material
I have published on
innercitypress.com has been
used by UN investigators as
evidence in their ‘duly
authorised’ investigations. My
articles continue to break the
news on sexual abuse,
perpetrated by UN peacekeepers
and staff, against vulnerable
people whom the UN is supposed
to protect.
30. I drew the international
community’s attention to the
human rights violations in the
English-speaking parts of
Cameroon and your apparent
silence in responding to these
abuses, which was noted by
many anglophone Cameroonians.
High Commissioner for Human
Rights Zeid Ra’ad Al Hussein
belatedly issued a statement
on 25 July 2018 condemning the
abuses. I also reported your
apparent failure to initiate
an audit of the China Energy
Fund Committee / Patrick Ho /
Sam Kutesa UN bribery case,
which has resulted in a US
criminal prosecution for
bribery and international
money laundering.
31. My reporting of the UN’s
failings, and that of any
other journalist critical of
the UN, creates an inherent
organizational conflict of
interest with DPI’s mandate
which is: “promoting public
understanding and support for
the United Nations”
(ST/SGB/1999/10, Section
6.2(a)). As such, and not
withstanding DPI’s lack of
legal authority to take any
actions whatsoever in relation
to journalists’ rights and
privileges, the Secretariat
(DPI) should have recused
itself from taking any adverse
decisions against me as a
journalist reporting on the
Secretariat’s performance, on
account of its organisational
conflict of interest.
32. USG Smale and Spokesperson
Dujarric also have a personal
conflict of interest in my
case, as I have publicly
reported unfavorably on their
performance in their official
work capacities. Mr Dujarric’s
refusals to answer my
questions, on topics ranging
from the UN’s inaction on the
human rights abuses in
Cameroon to why you have not
initiative an audit of the
China Energy Fund Committee /
Sam Kutesa / Patick Ho UN
bribery scandal, often make
their way into my articles on
InnerCityPress.com. I have
covered USG Smale’s staff Town
Hall where she said her
mission to to get good
publicity for you (which
presents a conflict of
interest in fairly allocation
accreditation, office space
and access to independent
press). I have coverage, with
multiple sources, the
relocation in DPI of funds
intended for Swahili and other
African services to social
media largely promoting you.
Under the UN Staff Regulations
and Rules, to which all UN
staff are bound, these
conflicts of interest should
have been reported.
Instead, USG Smale and Mr
Dujarric ignored their
conflicts of interest and
proceeded to take adverse,
punitive, retaliatory and
unlawful disciplinary measures
against me – this clearly
constitutes an abuse of
authority under Section 1.4 of
ST/SGB/2008/5.
33. USG Smale’s authorization
of my removal from the
premises, through the use of
force, including the tearing
of my shirt, physical ejection
from the building and removal
of my laptop, is also an abuse
of authority. Her decisions
are improper give that she has
no legal authority to
determine a journalist’s
rights and privileges of
journalists, or to rescind
them. USG Smale’s improper
actions have restricted my
access to sources and
meetings, limited my reporting
and this has negatively
impacted on my employment.
34. Spokesperson Dujarric has
been overheard making
threatening statements about
me to a witness, further
evidence of which would be
produced in a duly authorized
fact-finding
investigation. On 20
June 2018, the date after I
published criticism of
Dujarric selectively giving
your comments on the US
withdrawal from the UN Human
Rights Council to a
three-person Al Jazeera crew,
a witness reported to me that
Mr Dujarric stated on that it
was “too late’ and “things
will get much worse for
Matthew”. Further back in 2013
when Mr Dujarric was not the
Spokesperson but rather in
change of Media Accreditation,
he in essence told me that my
continued resident
accreditation would be
conditioned on stopping
negative or uncivil coverage
of then USG for Peacekeeping
Herve Ladsous, for example
that Ladsous said peacekeepers
would engage in less sexual
exploitation and abuse if they
had more “R&R.”
I allege that USG Smale and
Spokesperson Dujarric have
engaged in both harassment and
abuse of authority against me,
which is “particularly
serious” (Article 1.4 of
ST/SGB/2005/8 states).
35. 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.
36. Please treat this
submission as a ‘formal
complaint’ and a demand for a
fact-finding investigation
into the prohibited conduct of
USG Smale and Spokesperson
Dujarric (including their
conflicts of interest),
consistent with sections 5 and
6 of ST/SGB/2008/5 and the UN
Staff Regulations and Rules.
37. 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.
38. This complaint is
submitted without prejudice
and under reservation of all
rights.
Yours,
Matthew Russell Lee
***
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