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UN Performance Problems UN Management Accountability Struggles Where is the Rule of Law? Inadequate UN Oversight Recent Developments
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In this ongoing effort
at UN human resources reform, there were clearly strong hopes by
Secretary-General Annan and the Secretariat leadership that the UN has
indeed entered a new world of tip-top UN managers who can be trusted to
implement programmes dynamically, well, and accountably. But there are equal doubts from
those who have observed the poor human resources management practices of
the UN for the past six decades and are skeptical that they have been, or
are being, eradicated by a supposedly newly-vigilant OHRM. This skepticism is indicated
inter alia by the sets of reservations and
cautions that the General Assembly has expressed in its resolutions on
OHRM performance over the past half-dozen years. In an overview
analysis in 2003, Dirk Salomons concluded that any prospects for real
change in UN personnel management remained rather dim under the heavy
pressure of the old pathologies, including the
following: "
after all these years, the United Nations is
still struggling to adjust its human resources policies and practices to
the reality that surrounds it.
In [a highly competitive
international] environment, the UN will have to reform its reforms, or go
down reforming. Several dilemmas that have
crippled the UN for generations, however, remain unresolved, and this
organizational pathology stands in the way of the UN's efforts to remain
meaningful. When it comes to
managing human resources, the following are [some of] the obstacles that
the UN must overcome: ?
Its
addiction to the trappings of a careers-for-life staffing model, with its
emphasis on seniority
;
?
Its
fear of offending Member States that exert political pressure -- by not
insisting on merit in
staffing, even at the highest levels; ?
Its
reliance on patronage as a survival strategy, especially where outputs are
nebulous;
?
the persistent gap between its perennial promises to improve human
resources management and its capacity to deliver; and
?
Its obsession with cosmetic reforms, hiding the root causes of
dysfunctionality. For most pathologies, there
is a cure. For the UN, faith
healing will not suffice." Dirk Salomons, "Good intentions to naught: The pathology of human resources management at the United Nations," in Dennis Dijkzeul, and Yves Beigbeder, eds., Rethinking international organizations: Pathology and promise, Berghahn, New York and Oxford, 2003, pp. 111-139 [136-137]. [emphasis added.] Even the Secretariat
reports noted major cautions. The OIOS report which the General Assembly
called for found "significant progress" in a number of initiatives, as the
OHRM changes from "an administrative, oversight function" to a "more
strategic, partnering role."
OIOS noted that it was collaborating with OHRM in its new
assessments and activities, and concluded that: "
in order for the reform to
reach the next level, its elements should be linked systematically, not
just with each other, but also with other [UN} reform initiatives
Successful implementation
will depend upon the mutual cooperation
between different partners and bodies throughout the Organization in
support of a culture of change. Furthermore,
OHRM could assume a
more strategic role
[and] should strengthen its ability to measure the
impact of its activities on the Organization's performance and, if
necessary, to refocus initiatives
" "Implementation of all provisions of General Assembly resolution 55/258 on human resources management: Note by the Secretary-General", UN document A/57/726 of 10 February 2003, "Summary, and paras. 17-26, and 53-55.
The OIOS report
further notes that OHRM has moved away from "oversight" to "partnering",
not a good thing for a unit with very important oversight and monitoring
responsibilities. The OIOS
itself is blurring its oversight responsibilities, by helping design and
develop the OHRM initiatives which it later must independently
assess. Further, the OIOS
discussion of new Secretariat staff "selection" processes focuses mostly
on computerized systems improvements and problems, not on the "impact" in
improving these processes and the "role of the central review bodies" as
the General Assembly had specifically requested, and the OIOS found that
OHRM still has much to do to sharpen its monitoring work in a
results-oriented way. In the "last word" on
human resources management reform, pending the next human resource
management reports and new General Assembly resolutions thereon in late
2004 and early 2005, it is noteworthy that the General Assembly placed
a renewed strong emphasis on highlighting Secretariat results and
accountability . It began by requesting the Secretary-General to
ensure than UN staff members "adhere fully" to the approved UN code of
conduct, concerning the integrity and independence of the international
civil service. It then
requested the Secretary-General to: "4.
report to the General Assembly
[in 2004] in a comprehensive manner on the achievements of the human
resources management reform, when sufficient information will be available
on the experiences of the Secretariat with
implementation
; 5.
conduct a study [by the OIOS]
on the impact of
[the reforms], in particular on the improvement of
recruitment, placement, promotion and training, including an assessment of
the role of the central review bodies and mobility
; 6.
ensure that all future
reports on the implementation of [these]
reforms focus on the results of
such measures; 10.
ensure the accountability of
programme managers in the staff selection process, in close collaboration
with the [OHRM], and to report thereon [in 2004 ];"
"Human resources management," General Assembly
resolution 57/305 of 1 May 2003, Sections I and II.
The US General
Accounting Office 2004 report on UN reform efforts launched in 1997 and
2002 to meet UN "core management challenges" -- that is, poor leadership of the
Secretariat, duplication among its many offices and programs, and lack of
accountability for staff performance -- found that the reforms are not yet
complete. Steps had been taken to strengthen UN human capital management,
but reforms in this area are ongoing and additional challenges remain,
most especially that the UN monitoring and evaluation system does not
measure program impact.
The GAO concluded that
the reforms still face challenges because the Secretariat
does not comprehensively assess reform status and impact; reform agendas
lack clearly stated priorities, interim goals, and target dates for completion; there is
resistance to change from program managers; and there are possible resource
constraints. The GAO recommended that the United States and other member
governments encourage the Secretary-General to report regularly on reform
status and impact, identify goals and completion dates for remaining
reforms, and consider the resulting resource implications. U.S. General Accounting Office, United Nations:
Reforms progressing, but comprehensive assessments needed to measure
impact, GAO 04-339, February, 2004, "Highlights", and pp.
33-36. As already discussed
in the subsection on The Winner: "Free the Managers"
under UN Management Accountability
Struggles of this archive, the steady increase
in UN managerial discretion and power continues on while their actual
accountability disappears in a muddle of stated intentions. The Secretary-General's management
reports for 2004 emphasized that the Secretariat leadership is engaged in
a "constructive dialogue" with UN managers, seeking to give them
ever-greater delegation of authority in their programmes while senior
officials provide "strategic policy guidance." The Department of
Management's strategy for 2006-2007 specifically seeks to enhance
programme managers' capacity to manage through still more new policies and
procedures, measured in part by whether managers are actually "satisfied"
with the freedoms being pressed upon them. "Proposed strategic framework for the period
2006-2007: Part Two: biennial programme plan: Programme 24: Management and
support services", UN document A/59/6 (Prog. 24), 19 May 2004,
paras. 24.3-24.9, and page 5.
[emphasis added] In 2004 the new
Secretariat reports on human resources reform activities and issues took a
similarly benign and pro-management approach. The 2003 interim OIOS report on
reform progress, and the resulting General Assembly resolution 57/305
calling firmly for more specific reporting in 2004 on results led not only
to the regular biennial report on human resources management reform, but
to a further OIOS report on the impact of human resources reform, and
other quite significant policy and operational reports (for which, see the
following discussion). "Implementation of all provisions of General Assembly resolution 55/258 on human resources management: Note by the Secretary-General", UN document A/57/726 of 10 February 2003, "Summary, and paras. 17-26, and 53-55,. "Human resources management," General Assembly resolution 57/305 of 1 May 2003, Sections I and II, "Report of the Secretary-General on the work of the Organization", UN document A/59/1, 20 August 2004, para. 235, "Proposed strategic framework for the period 2006-2007: Programme 24: Management and support services", UN document A/59/6 (Prog. 24), 19 May 2004, paras. 24.3-24.9, and "Impact of the human resources management reform: Report by the Secretary-General", UN document A/59/253 of 24 September 2004.
IO Watch eventually
will attempt to sort out the interactions, harmonies, contradictions, and
cross-claims of these reports, particularly in examining the reaction of
the General Assembly, expert bodies, and others to the Secretariat's 2004
"free the managers" expansion attempts. For now, there are several
discouraging signs that the Secretariat's human resources management
reform continues still to be "just talk" overall, and in the critical
accountability areas of performance management, administration of justice,
and OHRM monitoring and the code of conduct. The
Secretary-General's 2004 reform report section on the topic of performance
management concentrated, as in the past, on actions to install and refine
the performance appraisal process over the past half-dozen years. But performance appraisal is
actually only one component of performance management. As the US GAO emphasized in its
2004 in-depth report on all the UN reform initiatives now "in place" or
under development: "
the outputs of many reforms,
such as developing a written plan or establishing a new office, are
only the first step in achieving the Secretary General's
overall reform goals.
departments and offices in the Secretariat are
still institutionalizing these new plans to improve U.N. operations in the
long term."
U.S. General Accounting Office,
United Nations: Reforms progressing, but comprehensive assessments
needed to measure impact, GAO 04-339, February 2004, p.
8,.
[emphasis
added] Similarly, Mr. Annan's report
section on "Next steps" for the key "building blocks" of reform -- in this
case improving the administration of justice -- was a resounding
disappointment, informing the reader simply, vaguely, and quite
unhelpfully only that: "J. Administration of
justice The administration of justice is
considered as a separate item in the agenda of the General
"Human resources management reform:
Report of the Secretary-General",
UN document A/59/263 of 13 August 2004, p.
35.
The General Assembly
had emphasized very firmly in its May 2003 resolution 57/305 that the
Secretary-General ensure that the UN staff "adhere fully" to the UN code
of conduct of 1998. The
Secretariat's actions on OHRM monitoring activities in 2004, however,
still seem to be very "soft".
This unfortunate situation is discussed more fully under the
subsection on OHRM monitoring efforts which follows. These reform reports
were joined by a series of other reports relating to human resources
management which, it seems fair to say, concern "life or death" issues for
future UN operations. They
present both major policy proposals and actions already underway or
proposed for a fundamental reshaping of the UN and the international civil
service. They include the
following documents, with more sure to follow. "Contractual arrangements: Report of
the Secretary-General", UN document A/59/263/Add. 1 of 9 September
2004, "Comprehensive report on the staffing
of field missions, including the use of 300 and 400 series appointments:
Report of the Secretary-General, UN document A/59/291 of 23 August
2004, (for which see also General Assembly
resolution 58/296, "Administrative and budgetary aspects of the financing
of United Nations peacekeeping operations" of 22 July 2004),
"Report of [the OIOS] on the audit of
policies and procedures for recruiting Department of Peacekeeping
Operations staff: Note by the Secretary-General", UN document A/58/704 of
6 February 2004, "Follow-up audit of the policies and
procedures of the Department of Peacekeeping Operations for recruiting
international civilian staff for field missions: Note by the
Secretary-General", UN document A/59/152 of 15 July
2004, "Consultants and individual
contractors: Report of the Secretary-General", UN document A/59/217 of
6 August 2004, and "Outsourcing practices: Report of the
Secretary-General ", UN document A/59/227 of 11 August
2004.
This flood of
Secretariat reports, summarizing actions very much under way and pressing
hard for decisive further action, exposes enormous tensions about future
UN operations. The decisions being presently taken could be the salvation
of UN operations or their downfall, with the actual outcome still very
much in doubt. IO Watch wishes to note four critical components of this
central debate, as discussed throughout this archive. FIRST, the UN has very
entrenched habits (of six decades) as a slow-moving set of headquarters
bureaucracies, involved with conferences, meetings, and research work that
grind along ever so slowly. SECOND, the UN is
experiencing a new wave of peacekeeping demands (in all its facets). There are many major difficulties,
as discussed in the sections of this archive on UN Performance Problems , in the
Security Council, peacekeeping, humanitarian, nation-building and human
rights areas. The Secretariat now seeks to staff these urgent missions
with outstanding, dynamic, and highly-skilled staff, in competition with
many other (including UN system) organizations. These people should be
ready to jump rapidly to field assignments of all kinds around the world
(often without families), to work in ever-more dangerous field situations,
to do so on shorter-term contracts with more aggressive termination
policies, and with compensation packages that are not tip-top (especially
considering the conditions-of-service demands made.) THIRD, Secretary-General
Annan believes that his efforts of the past decade to "free the managers"
are bringing significant change in the bumbling UN management culture. But
the two key processes that would permit the UN headquarters bureaucrats to
meld smoothly with the dynamic new field staff experts are the protections
provided by management accountability and the rule of law. This entire archive underlines
that these essential processes have not appeared. In fact, the "unleashed" managers
are only undermining essential management accountability and the rule of
law. The gathering storm
clouds were evidenced by the results of the UN's Integrity Survey of its
staff of June 2004:
"A new survey of
[UN integrity
perceptions has found that] while structures for reporting and
combating corruption exist,
most staff members are either unaware of how to use them or afraid to do
so for fear of high-level
retaliation. 'The UN has a 'phone
book' of rules and regulations which are totally useless as they are never
practiced', a staff member is
quoted as saying
[Another says,] 'Senior leaders caught in serious
breaches of ethics should be punished, not promoted as usual.'
[The study] is being
made public at a time when Secretary-General Kofi Annan has been forced by
the widespread publicity [about corruption in the Iraq oil-for-food
program] to appoint a high-level panel to look into [it]
The new study records
relatively high levels of worker satisfaction
, but its most negative findings have
to do with ingrown leadership and the lack of response to reports of
corruption. 'Get rid of the old
boy network,' one staff member
[says.] 'That network is wide, tenacious
and powerful.
So long as you can wind your way into that
network, you are OK.
Opposing the network
is certainly the end of a UN career.'" Warren Hoge, "Report criticizes the way UN fights
corruption", International Herald Tribune, June 16,
2004.
[Note: The actual survey is
"United Nations organizational integrity survey", Final Report,
prepared by Deloitte Consulting LLP, June 2004. It can be found at
http://www.un.org/News/ossg/sg/index.shtml .]
FOURTH and finally, the
current UN human resources debate and challenges occur not in the "little"
UN Secretariat, which generally presents itself as a modest group of some
9,000 staff. Two 2004 status reports indicate a much more complex (but
still apparently incomplete) picture of the actual scope of UN operations,
against which the above drastic human resource reforms are playing
out: "The demand for United Nations
peacekeeping operations increased dramatically during the past year, and
new operations were launched in Burundi, Haiti, Liberia and the
Sudan. At present, more than
56,000 uniformed personnel and some 11,000 civilian staff from 97
countries are serving in 16 missions around the world. Many of those operations are
multidimensional, dealing not only with security issues, but also with
political problems, the rule of law, human rights, humanitarian concerns,
and economic reconstruction.
[This expansion]
places enormous strain on the
Organization's resources and its capacity to plan, deploy and manage those
operations. Today's
operations will not succeed without the sustained political support and
commitment of the Member States -- and the right
resources." "Report of the Secretary-General on the work of the Organization", UN document A/59/1, 20 August 2004, para. 8. [emphasis added]
"As of 30 June 2004, the
total number of staff of the UN Secretariat and special status
units]
holding appointments of one year of more amounted
to 37,598. Of that
total, 14,823 paid from various sources of funding are assigned to
the Secretariat and 22,375 are assigned to other entities of the
United Nations." "Composition of the Secretariat:
Report of the Secretary-General", UN document A/59/299 of 26 August
2004, para. 11. [emphasis
added] In December 2004 the
General Assembly reacted with surprising swiftness to the
Secretary-General's many 2004 reports (it often issues its resolutions on
management reform matters only the next spring). Its latest resolution was a
mixture of the good, the usual, and the tired and repetitive. On the
"good" side, the Assembly: -- raised sharp
questions about the ambitious new mobility
programme; -- urged that proper
staff-management consultations be
reestablished; -- raised pointed
questions about recruitment problems and issues (including staff
participation in central review bodies for staff
selection); -- postponed
consideration on contractual issues pending ICSC
input; -- and raised pointed
questions about field staffing and contractor use and employment of
retired staff. "Human resources management: Report of the Fifth Committee", UN document A/59/650 of 22 December 2004, and "Human resources management", General
Assembly resolution 59/266 of 23 December 2004.
On the routine side,
the Assembly reflected and exhorted on the regular ongoing topics of
competitive exams, geographic distribution, and gender representation.
However, in the most important area -- human resources management reform
-- the Assembly was largely and regrettably just "tired and
repetitive." In its lead section on
human resources management reform the Assembly resolution reaffirmed its
many past resolutions and exhortations, often verbatim, to the
Secretary-General to finally establish a proper system of accountability
and sanctions for misperforming managers, and to report on progress made
and results. Succinctly and specifically, it concluded by recalling the
requests in its resolutions 51/226, 53/221, and 57/305 (at its 1996, 1998,
and 2002 sessions): "to enhance managerial
accountability with respect to human resources management decisions,
including imposing sanctions in cases of demonstrated mismanagement of
staff and willful neglect of, or disregard for, established rules and
procedures, while safeguarding the right of due process of all staff
members, including managers, and requests the Secretary-General to report
comprehensively thereon at its sixty-first
session." "Human resources management: Report of the Fifth Committee", UN document A/59/650 of 22 December 2004, and "Human resources management", General
Assembly resolution 59/266 of 23 December 2004, section I and esp.
para. 14.
The one new phrase
added at the end of this decade-long exhortation by the General Assembly
to the Secretariat to apply real management accountability could at least
be significant, as it requested a specific, comprehensive report on this
management accountability and sanctions topic. Unfortunately, the
Assembly scheduled this report, as is the usual ponderous practice, for
two years hence (in late 2006), certainly not as the "unwelcome guest"
during the promises, exhortations, rededications, and celebrations of the
UN's sixtieth anniversary in the autumn of 2005. But by 2006, the
scandals in the UN-administered oil-for-food programme, and all the other
management problems plaguing the Secretariat (see Where is the Rule of Law? and
Other Major Problems ) may have
dragged the Secretariat into a morass of lost credibility, without the
General Assembly ever having become meaningfully involved. This is a very shameful failure of
UN governance. The grave, entrenched
flaws of OHRM as an instrument to enhance management accountability and
ensure due process for staff are illustrated by two quite recent and
damaging quotes: "Rosemarie Waters, [the UN Staff
Union President], said that
in the last six years, [UN]
management had been reforming itself and increasing managerial authority,
while reducing accountability. The Staff Union [had great
respect for the Secretary-General's vision and reform programme goals.]
It could not support, however, the erosion of staff rights and dissolution
of oversight mechanisms as a means of implementation, [or legitimize]
actions in which staff, through their elected representatives, had no
meaningful role to play.
The [integrity survey]
revealed
that staff
feared reprisals for exposing breaches of ethics, and they
perceived that the disciplinary process was applied unevenly. Their view of integrity among
senior managers was less than positive.. The Organization had yet to
establish concrete measures for individual
accountability, she
continued. It was essential
that areas with expanded delegation of authority for personnel decisions
should be carefully examined and, if abuses were found, such delegation
should be revoked.
The [OHRM] had informed staff
representatives of its inability to enforce accountability because they
lacked central authority. The Fifth Committee may wish to
recommend that concrete individual accountability be developed, in
consultation with staff representatives, on a priority basis."
"UN staff committee representatives tell budget
committee concerns ignored in management reform report", Fifth Committee,
Press Release GA/AB/3641 of 29 October 2004, pp. 2-3.
[emphasis added]
"
When I worked in Liberia in
the mid-Nineties a new [UN] chief administrative officer
[arrived and
moved aggressively] for a 15 percent kickback on everything we
purchased. [He also tried to force many]
of
his young 'local staff' to sleep with him
I was the human rights lawyer and
these girls would come to my office in tears asking for help. I wrote memo after memo of
complaint to my chain of command, but no one ever did anything. When I visited the UN
[personnel] office in New York to complain personally, they laughed at my
naοve outrage: 'It happens all the time in the field', they said. 'There's nothing we can
do.'
That CAO had been knocking around
West Africa for years, always mired in corruption, never disciplined
-
during which time the head of personnel was Kofi Annan. [The CAO]
was eventually
indicted by US federal prosecutors in New York for $1.5 million of
fraudulent kickbacks
He has since died.] What kind of leadership
would tolerate this conduct 10 years ago?
Precisely the same leadership
that [has now]
permitted the oil-for-food scandal and the sex-for-food
scandal." Kenneth Cain, "How many more must die before Kofi
quits?", The Observer (UK), April 2,
2005. [Note: Mr. Cain is a former UN human rights lawyer
who served in U.N. peacekeeping operations in Somalia, Rwanda, Haiti and
Liberia.] Meanwhile, UN life
meanders on. The remaining parts of this subsection briefly explore
whether the over-tasked and under-motivated OHRM (and the UN overall) can
indeed enforce accountability of these thousands and thousands of
employees scattered worldwide, and also overcome its long-entrenched
operating problems. As all
the verbiage about grand new strategies and reforms in 2004 and 2005 is
gradually analyzed and dissected, the subsections which follow will be
considerably updated: ?
clarifying, and
streamlining staff rules and procedures; ?
staff performance
ratings as part of performance management; ?
combating
harassment; ?
firmly establishing a
career development system; ?
developing essential
support services to maintain and enhance the organization's staff
resources; ?
ambitious new mobility
policies to rotate staff worldwide; and ?
the
all-important role of OHRM in establishing, monitoring and enforcing the
requisite accountability (which the Secretariat itself finally and bluntly
admitted in May 2005 is "insufficient and must be significantly enhanced"
(see Monitoring.) |
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