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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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The UN Secretariat's Internal Audit Division (IAD), located within the
Department of Management (DAM), was responsible for many years for
conducting independent audits in accord with generally accepted auditing
standards. Its work included both administrative and financial aspects and
covered all UN activities worldwide for which the Secretary-General has
administrative authority, both those financed under the regular budget and
from extra budgetary funds. However, it provided no reporting at all to
intergovernmental bodies. And despite some 35 years of experience, the IAD
had not kept up with the UN's greatly expanded expenditures, field
operations, new technologies, and worldwide scope of operations during the
1980s. A
consultant's study requested by the General Assembly in 1985 confirmed
that the few IAD staff could not provide effective audit coverage of UN
internal controls and performance.
The consultants recommended that staff skills be enhanced and that
18 professional posts (a 60% increase) be added to the 29 already in
IAD. Subsequently, the Secretary-General added only two more
professional posts as a "first phase" of a strengthening process. "Revised estimates
… Internal Audit
Division… ," UN
document A/C.5/40/61 of 26 November 1985, para. 109, as cited in
Joint Inspection Unit, "Reporting on the performance and results of United
Nations programmes: Monitoring, evaluation, and management review
components", UN document A/43/124, 1988, para. 163.
A year later the
"Group of 18" high-level outside experts highlighted a second basic issue,
recommending that the IAD should be made independent. However, the
Secretary-General refused, asserting that the auditors were independent
enough within the DAM and could carry out their work freely
there. Report of the
Group of High-Level Intergovernmental Experts to Review the Efficiency of
the Administrative and Financial Functioning of the United
Nations, UN
document A/41/49, 1986, Recommendation 39, and "Analytical report of the
Secretary-General on the implementation of General Assembly resolution
41/213," UN document A/45/226 of 17 April 1990, paras.
165-168.
In
1990 a JIU report found major problems with the transparency of, and
reporting on, the use of the UN's vastly increased extra budgetary
resources. It stressed the
need for much stronger audit coverage and the separation of the IAD from
DAM and making it directly responsible to the Secretary-General. He did not reply to this JIU
recommendation. Joint Inspection Unit,
"Extrabudgetary resources of the United Nations: Towards transparency of
presentation, management, and reporting", UN document A/45/797, 1990, pp.
23-24.
As in other
accountability areas, the reluctance of UN senior officials to accept
independent oversight is very strong. As one analysis
found: "Typical …. of the U.N.'s stubborn
resistance to reform was the response to the [Group of -18's report]
suggestion that the Secretary-General would get more reliable data if the
U.N.s [internal audit unit were made independent, rather than being a
subordinate unit of the UN's management division]. To this sensible recommendation,
the [head of Administration] …. said that 'it is indeed theoretically
possible for the Internal Audit Service to report directly to the
Secretary-General. The
advisability of this move would have to be seen in relation to other
factors, such as whether the already heavy schedule of the
Secretary-General should be burdened by further direct supervisory
responsibilities.'" "The
United Nations continues to duck needed reforms", The Heritage Foundation,
Backgrounder, No. 593, Washington, D.C., July 9, l987, p. 6.
In
the early 1990s the General Assembly continued to press for strengthened
audit oversight and performance reviews. Its concerns mirrored the growing
worldwide awareness of the
enormous damage that corruption does to public and private organizations
and to global economic and social development. The Assembly also recognized
that the UN's shift from old "talk shop" and research work to implementing
complex, multi-billion dollar peacekeeping and humanitarian field
programmes worldwide required much stronger oversight functions.
The "worldwide awareness" was
reflected in such books and reports as those of Michael Clarke, ed.
Corruption: Causes, consequences and control, London, Frances
Pinter, 1983, David J. Gould, and Jose
A..Amaro-Reyes, The
effects of corruption on administrative performance: Illustrations from
developing countries, World Bank Staff Working Paper Number 580, World
Bank, Washington, D.C., 1983, Robert Klitgaard, Controlling
corruption, University of California Press, Berkeley CA (USA), and London, 1988, and Joseph J. Jabbra and O. P.
Dwivedi, eds., Public service accountability: A comparative
perspective, Kumarian, West Hartford, CN (USA),
1989. [Note: the Jabbra and Dwivedi
book was an especially important early overview of accountability issues
worldwide and in 15 countries.]
Although
total IAD professional staff had finally increased somewhat, the external
auditors reported to the General Assembly in 1992 that the IAD was still
staffed well below the expected level of performance and number of
auditors needed for adequate audit coverage. Accordingly, in December
1992, the General Assembly not only urged the Board of Auditors to expand
its own audit coverage, but called on the Secretary-General to "take
urgent steps" to strengthen both the independence and effectiveness of
internal audit, and responses to internal audit findings.
"Financial report and report
of the Board of Auditors," UN document A/47/5, paras. 291-296,
1992, and
"Financial reports and
audited financial statements, and report of the Board of Auditors, General
Assembly resolution 47/211 of 23 December 1992.
The external pressure
for proper internal oversight only increased in the late-1992 to
early-1994 period. A set of articles on UN corruption problems in 1992 in
the Washington Post disclosed very troubling and quite specific
problems of UN managers' impunity and improprieties, and other similar
critical reviews of UN operations appeared during the rest of the 1990s
in the media in various
countries). On this theme, the "Thornburgh report" by the UN's then-top
manager stated bluntly in March 1993 that: "The United Nations
presently is almost totally lacking in effective means to deal with fraud,
waste and abuse by staff members [as] … recently highlighted
in … the news
media. … The chronically
fragmented and inadequate …[UN internal
oversight structure] is currently so ineffective that, time and again, we
have been called on to create ad hoc teams to carry out
investigations of serious wrongdoing. The delay [in organizing]
… these teams often
allows the trail to 'grow cold" [and] … deprives the
investigation of the vitality … professionalism and impartiality
[of] … more regularized
procedures. … I believe that few of the reports
[presently] … produced will be taken seriously by the auditees until the
'muscle' of your office is placed firmly behind a consolidated effort
carried out by a strong Inspector General's
office.' As noted in the Volcker-Ogata
report, 'support for improved financing will be dependent upon a
perception that funds are economically managed and effectively
spent.' … [so that] all Member States [can
reassure] … their taxpayers, the ultimate supporters of all United Nations
activity. This reassurance can only come …
from the prompt and effective activation of a strong Inspector General's
office …" Thornburgh, Dick, Under-Secretary-General for Administration and Management, "Report to the Secretary-General of the United Nations", 1 March 1993, pages 29-31. [Note: The articles referred to are William Branigin, "The UN empire: Polished image, tarnished reality," a four part series, Washington Post, Sept. 21-24, 1992.
Or, as Mr.
Thornburgh put it with some extra nuances in a newspaper
article: "With the vast increase in United
Nations activities and expenditures resulting from the organization's
newfound status as a global 911 emergency number, its capacity for
ensuring the integrity of its operations is more important than
ever. The recent report by the UN
Financing Advisory Group, led by Paul Volcker and Shijuro Ogata, noted
specifically that 'support for improved financing will be dependent upon a
perception that funds are economically managed and effectively spent. Unfortunately, the mechanisms in
place to promote such a perception … are creaking leftovers from more
placid times. …. What is needed is an Office of
Inspector General, staffed to audit, investigate and lay the basis for
remedial action in serious cases of conflict of interest, misappropriation
of funds or other corrupt practices. The inspector general's
office is the centerpiece of [the] agenda for reform
that I presented to Secretary-General Butros Butros-Ghali upon
completion of my one-year assignment at the United
Nations." Dick Thornburgh, "How to clean up the United Nations", International Herald Tribune, March 26, 1993. [emphasis added]
The 1993 JIU
report on UN accountability and oversight noted the accelerating
criticisms mentioned above.
Although the IAD had created a first audit manual in 1990 and had
computerized some audit status information, the JIU found serious and
fundamental problems: --
First, severe understaffing: UN audit posts provided a ratio of auditors
to total staff of 1:346 and $66 million of budget dollars per auditor,
versus a much-better 1:264 ratio and $43 billion per auditor in the UN
system overall, and there was also an urgent need to raise auditor grade
levels and increase their travel and training funds; -- Second, a need for fully qualified
and competent staff: about half the UN auditors had good management
analysis education, training, and experience, but the rest had only social
science degrees and little or no prior management analysis
experience; -- Third, UN system and global
governmental auditing bodies emphasize independence as being the first and
vital standard for audit
credibility, including direct reporting to executive heads (not least to
protect auditors and their careers from intimidation and harassment by the
"auditees"): the General Assembly's 1992 resolution especially emphasized
this strengthening of independence, yet the old internal units had none;
and --
Fourth, serious gaps in UN auditors' worldwide audit coverage, which was
still concentrated on UN headquarters activities in New York, while
ignoring other and regional UN headquarters, and especially the tremendous
expansion of risky and high-pressure UN field operations around the
world. Joint Inspection Unit,
"Accountability and oversight in the United Nations Secretariat", UN
document A/48/420, 1993, paras. 57-68,
[Note: the resolution referred
to is "Financial reports and audited financial statements, and report of
the Board of Auditors, General Assembly resolution 47/211 of 23
December 1992, paras. 14, 19.
The JIU report also
examined three oversight areas where Secretariat action was almost
non-existent: Inspection:
Inspection provides on-sight reviews to identify and solve operational
problems in units. Yet
experts like the Group of 18 cited widespread sloppy management in
fragmented UN units and urged streamlining, and some senior UN officers
told the Inspectors that they had never encountered an oversight official
in their entire careers; Investigations:
continuous organizational programmes are necessary to fight corruption
but, despite express General Assembly calls for action to combat fraud and
mismanagement [and as noted in the Thornburgh report] UN actions were
ad hoc, inadequate, and tardy. Staff
involvement: an important way to fight corruption is through vigilance
from those most familiar with programmes -- the staff -- but once again
when the General Assembly sought "hotline" mechanisms to combat
mismanagement and fraud, the Secretariat continued to
resist. Joint Inspection Unit,
"Accountability and oversight in the United Nations Secretariat", UN
document A/48/420, 1993,
paras. 70-86.
In early 1994, Childers
and Urquhart expressed major concerns about oversight matters in their
call for renewing the UN system: " … the bulk [of financial abuses]
usually occurs … in emergency operations where cash or supplies are being
moved … [urgently], or where contracts must be issued under great
pressure. Given the appalling
under-staffing of peacekeeping operations and the disorganized state of
humanitarian emergency assistance the surprise if any is that there is not
more fraud and waste in these operations. … A further ironic consequence of
zero-growth demands has been the severe under-staffing of the [IAD.] … neither Secretaries-General nor
member states have paid enough attention … [thus there have been]
only some 30 fully qualified auditors and 6 [professional
evaluation staff] to cover the entire [UN] work programme in
thousands of expenditure lines, carried out at New York, Geneva, Vienna
and Nairobi, five Regional Commissions, over a hundred country offices,
huge world conferences and in addition over a dozen complex peacekeeping
operations. …" Erskine Childers,
with Brian Urquhart, "Renewing the United Nations system", Development
Dialogue, 1994:1, Dag Hammarskjold Foundation, Uppsala, Sweden,
1994, p. 146.
[emphasis added]
They also
emphasized that further major improvements were
required: "Internal procedures to enable
staff to report palpable misconduct without fear [and on the other hand
without creating an atmosphere of witch-hunting] should be improved. The UN's ability to pursue
miscreants through national jurisdictions needs to be strengthened. After decades of periodic
suggestions for an Inspector General to be attached directly to the Office
of the Secretary-General, this issue is now being actively pressed. This may, on balance, be helpful
but not really effective if the IAD remains so grossly understaffed. To carry maximum credulity
and universal confidence the appointee must be of impeccable repute and
with top-calibre qualifications for such
work." Erskine Childers,
with Brian Urquhart, "Renewing the United Nations system", Development
Dialogue, 1994:1, Dag Hammarskjold Foundation, Uppsala, Sweden,
1994, pp. 146-147. [emphasis
added.]
As discussed in the
preceding section on managerial accountability struggles, the
Secretariat
had attempted to rebuff all these mounting pressures with a 1992 report
which argued that existing UN rules were quite sufficient and that sparse
national experience with fraud hotlines had not worked well. It followed with a
highly-conceptual report in October 1993 on general accountability and
delegation of authority issues.
This paltry Secretariat response led the General Assembly to
finally and firmly insist on major reform to establish management
accountability in its resolution 48/218 A of December 1993. It stated therein that
it: "E.II., Recognizing
also the need for an enhanced oversight function to ensure the effective
implementation of [UN] activities …; 9. Resolves that the
decision to establish an additional independent entity
… to enhance oversight
functions … 11. … shall continue
… at the earliest
possible opportunity …; III. … Determined to
address alleged cases of fraud in the United Nations in an impartial
manner, in accordance with due process of law and full respect for the
rights of each individual … 2. Also decides to this end to
establish an ad hoc … working
group of experts … to report
to the General Assembly [in 1994]." "Review of the
administrative and financial functioning of the United Nations", General
Assembly resolution 48/218 A, 23 December 1993, sections II. and III. [emphasis
added.]
Under all these intense
pressures, Secretary-General Butros-Ghali had already acted capitulated
abruptly in August 1993, combining the four existing UN audit, evaluation,
monitoring and advisory units into a new single unit. The JIU, then
completing its accountability report, welcomed the action. But it noted that the 90 total
staff assigned should actually number more than 200 to properly cover UN
programmes, and that, qualitatively, a mixture of appropriate skills --
lawyers, trained investigators, and specialists in computer systems,
management analysis, human resources, and financial control systems --
should be assembled as soon as possible. Joint Inspection
Unit, "Accountability and oversight in the United Nations Secretariat", UN
document A/48/420, 1993, VIII.,
"Postscript."
The
transitional Office of Inspections and Investigations, headed by an
Assistant-Secretary General, operated for a year while the General
Assembly deliberated on a formal new unit. Its head, Mohamed Aly Niazi, the
very experienced former head of the UN Internal Audit Division, submitted
an annual report in September 1994.
He observed that the new Office had begun a comprehensive overhaul of
UN oversight functions.
However, it existed only in embryonic form, and had struggled with
its small staff to cover the multi-billion dollar regular and extra
budgetary funds expended by the UN in offices scattered worldwide,
including major peacekeeping missions; some 1,400 technical cooperation
projects, and the 160 UN trust funds. He concluded that:
"The effectiveness of
an oversight office depends to a large extent on how senior officers
perceive their roles. The
concept of management accountability in the United Nations has not been
consistently applied. … no system of accountability will be effective without the
assurance that sanctions will be promptly applied when violations
occur. I strongly recommend that any new
system of accountability and responsibility include specific penalties or
sanctions for United Nations managers and other staff who disregard United
Nations regulations and rules or who are negligent in the conduct of their
duties and responsibilities. … During this first year, [the new office] has addressed symptoms but
has not yet been able to address the root causes of many [UN] problems. I
refer to such issues as
recruitment and promotion policies, the administration of justice,
management reporting systems, staffing and financing of peacekeeping
operations and contract management. A vast amount of work
remains to be done before the United Nations has management structures and
a management culture adequate to the great tasks entrusted to
it…. " "Report of the Office of
Inspections and Investigations", UN document A/49/449, 28 September
1994, pages 5-6.
[Note: a decade later,
IO Watch believes that there is good reason to doubt that any such
sanctions have ever been applied to to any of the hundreds of UN
Secretariat managers, except in a few cases where there was heavy media
exposure, or threats of such exposure.] |
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