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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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An excellent recent study in 2001 of global efforts
to better manage parliaments and increase their responsiveness,
efficiency, and effectiveness in the 21st century observed that: "The latter half of the 20th
century saw the increasing dominance of the executive branch of government
over the policy process
More recently, a wave of organizational and
procedural reforms
[have sought to modernize] public administration
[However,] the law making assemblies which formulate the policies which
public administrators are charged with implementing [have remained
relatively unscathed.]. Legislative
Oversight.
The power to legislate
is largely meaningless if the legislature lacks the ability to ensure that
public policy is administered in accordance with legislative
intent. Also, and
more fundamentally
[o]nly by monitoring the implementation process, can
members of the legislature uncover any statutory defects and act to
correct agency misinterpretation or maladministration. In this sense, oversight
exists as an essential corollary to the lawmaking
function." Peter Falconer, Colin Smith, and C. William R.
Webster, eds., Managing parliaments in the 21st century, EGPA
Yearbook, Volume 16, International Institute of Administrative Sciences
Monographs, IOS and Ohmsha, Amsterdam, 2001, pp. 1-2. [emphasis
added.]
In
1995 a JIU report on accountability and oversight found that although UN
system governing bodies in general were weak in fulfilling their oversight
responsibilities, many were working to establish small executive boards or
special oversight committees to: -- concentrate on accountability and
transparency; -- ensure a much more active dialogue with
Secretariats, based on much better reporting on performance issues and
programme results; -- specifically discuss and act on the reports of
internal and external oversight bodies; and -- regularly follow up on management reform
initiatives and progress. The JIU concluded that: "
not only are secretariats responsible to
governing bodies for wise resource use and programme results, but these
bodies themselves are responsible in turn to Member States and publics for
these same matters. Governing bodies
must set
the example.
They, more than any other participants, should be a steady driving
force for improvement, including insistence on the firm application of
rewards and recognition for good performance, and corrective action and
(if necessary) sanctions for poor results. If they do
not seriously and consistently pursue these matters, managers and
staff in the Secretariats will only pay lip service to accountability and
oversight, and will concern themselves with other priorities." Joint Inspection Unit,
"Accountability, management improvement, and oversight in the UN system",
95/2, UN document A/50/503, Part I, Chapter VIII, "Oversight governing
bodies", pp. 48-54 [49], and Part II, Table 12, pp.
24-27.
[Emphasis added.] IO Watch has found, and discussed in various
subsections of this archive, that the UN General Assembly's Fifth
Committee on administration and budget is far behind other UN system
organizations in management accountability reforms, particularly as cited
in the Legislative and Other
Oversight subsection. The Fifth Committee has no subcommittees or staff experts of its own to
analyse and oversee management reform and Secretariat programme results.
Instead, its 190-plus Member States endlessly debate and dilute every
management issue in public sessions or in critical backroom "informal"
sessions.
The diplomat/delegates lack expertise and are
uncomfortable with management audit and investigation matters and
responsibilities. They prefer to rely on an established but archaic and
amateurish system of "expert" advisory bodies (except for the Board of
Auditors) that are preoccupied primarily with financial, budgetary, and
system-wide input
issues, rather than with outputs, that is,
performance, results and accountability. The Fifth Committee is also woefully dependent on the
evasive, often non-transparent, and frequently tardy "reform" or
"performance" reports that the Secretariat places before it every
biennium, and it can only give back more vague and evasive "reform
guidance" to the Secretariat in return. The UN management
accountability system which the General Assembly demanded in 1993 remains
unimplemented, and as the US GAO reports of 2000 and 2004 demonstrate,
will not be ready until 2006 or (probably) later. In fact, and beyond all these troubling status
assessments, the UN is now moving backward. At least in the late 1980s the General
Assembly required specific follow-up reports on reforms recommended by the
"Group of 18", including insistence that a very poor summary progress
report be redone. In the last decade, however, the
General Assembly has quietly accepted, with only minor protest, the
Secretary-General's vague biennial reform reports, without ever demanding
(until 2003) systematic and specific details and assessment of how they
are functioning, the results achieved, and the further improvements
needed. The Fifth Committee has also given little serious and
sustained attention to internal controls and other management systems
issues, and to oversight processes and findings, as discussed under the
topics on management system reform efforts, and the work of the OIOS and
JIU, in this archive's major section on UN Management Accountability
Struggles and on Inadequate UN Oversight .
This feeble oversight
situation occurs for one fundamental reason: because all member states "want to participate" in all
decisions, which not only bogs down decision-making but leads to
"consensus" resolutions based on "informal consultations" (or to stalemate
and inaction). IO Watch believes that this "total participation" might be
appropriate for street fairs and dance festivals, but it is totally and
shamefully inappropriate for an organization spending $6 to $10 billion of
global taxpayers' money each and every year, and which also purports to
lead the world on responses to critical situations and on global
governance issues. The Fifth Committee oversight failures have been
rolling merrily along -- as the UN's expenditures grew astronomically --
for more than three decades without appreciable change. The CPC
reported in 1969 that UN system programmes would encounter increasing
Member State criticism and public disillusionment unless greater review
and evaluation efforts were made to ensure that the programmes provided
concrete benefits. It stressed the need for detailed and systematic review
and evaluation. "Enlarged Committee
for Programme and Coordination: Final report", UN document E/4748 of 2 October, 1969, paras. 5-19.
Childers and Urquhart made a detailed analysis of
these UN legislative problems in 1994, and observed that: "The UN deals in
one way or another with virtually every aspect of the human condition and
the natural environment. Its decision-making processes have
inevitably become a maze of reports and resolutions. Like any
fifty-old machinery it needs overhauling, and its operators need to
improve and update their techniques.
In the short term,
member-states should establish
an intergovernmental expert group that
should begin by commissioning a review of the business flows through the
machinery by an international team of top-quality professional legislative
managers.
Poor or mediocre
intergovernmental decisions in the UN system end up costing considerable
sums in the delegation and secretariat time that has to be spent later in
re-examining what was too hastily adopted (not least on UN reform
itself.)" Erskine Childers,
with Brian Urquhart, "Renewing the United Nations system", Development Dialogue 1994:1, Dag Hammarskjold
Foundation and Ford Foundation, Upsala, Sweden, 1994, Chapter VIII, "The decision-making
machinery," pp.119-141 [121, 139.].
Ronald Spiers made similar expert observations in
1994 on the worsening legislative problems, and key obstructive factors:
" The quality of
the General Assembly's work has deteriorated in recent years. Its agenda is
extremely resistant to being streamlined or rationalized, and many agenda
items are trivial, overlapping, or of very narrow interest to the member
states.
In addition, the right of any member state to place any item on
the agenda, no matter how parochial or trivial, continues to be
sacrosanct.
As a consequence, the assembly's agenda has grown to over 150 items
during the fall session.
Were the General
Assembly to institute reforms [to provide]
fewer but more-important
agenda items, fewer constraints on its operating schedule, and a more
manageable committee structure, and were the Fifth Committee to become
less bureaucratic and engage the attention and participation of senior UN
officials, this would [considerably]
enhance its relevance and
effectiveness." Ronald I. Spiers, "Reforming the United Nations," in Roger A. Coate, ed., U.S. policy and the future of the United Nations, Twentieth Century Fund, New York, 1994, pp.19-40 [29-31.] [Note: Mr. Spiers served an Under-Secretary General of the United Nations in New York in the early 1990s.] In 1995, the JIU addressed this UN governance failure
in a subsection on "Accountability for accountability" in its report on UN
management reform progress. It observed that: "The Fifth
Committee, operating as a "board of directors" with 185 Member States
considering
all types of complex
management issues, can hardly operate
effectively.
The present
overpowering complexity can be countered by the traditional solutions:
division of labour and specialization.
many governing bodies in the United
Nations system now have or are establishing specialized subcommittees
to
devote more continuous attention to administrative, management and
oversight matters.
three new
subcommittees could be [established]: Peace-keeping
management subcommittee:
the greatest single burden of
current Fifth Committee work.
Strategic planning
and management subcommittee:
Oversight
subcommittee:
Reviews of internal and external oversight reports by
this subcommittee could do more than perhaps any other single mechanism to
establish and ensure a strong performance culture and results emphasis
throughout the United Nations.
" Joint Inspection
Unit, "Management in the United Nations: Work in progress", Chapter
VI.A., "Accountability for accountability," UN document A/50/507,
1995, paras. 166-175 [170-174.].
[emphasis added.] The Inspector, who had been a long-time participant
in UN decision-making processes (or the lack thereof), noted real doubts
about the ability of the Fifth Committee to take this eminently logical
and much-needed step in the proper fashion. He suggested the new subcommittees,
but: "
with a certain
trepidation because the track record for political bodies like the Fifth
Committee is to dilute the efficacy of newly created subordinate bodies by
simply 'providing jobs for our boys.' If it is not possible to
bypass the spoils system and to create small, truly professional
subcommittees acting in full transparency, it would be better to avoid the
expense and complications of additional, politicized subsidiary
bodies. However, if
professionalism and competence can be assured, these subcommittees could
have small but balanced memberships; meet regularly throughout the year as
required; rotate membership but with sufficiently long terms to allow
development of the necessary expertise; not prejudice the functions of
existing bodies and organs elsewhere in the intergovernmental structure;
operate in full transparency; and in all cases, report back to, and be
responsible to, the Fifth Committee." Joint Inspection
Unit, "Management in the United Nations: Work in progress", Chapter
VI.A., "Accountability for accountability," UN document A/50/507, 1995, paras. 172-173.
[emphasis added]
A
full decade later -- and after some $60 to $100 BILLION of largely unsupervised UN expenditures
-- it appears that the Fifth Committee indeed has not proven able to meet,
or even recognize, this challenge. No subcommittees have been established
(so everyone can still "participate"), but while peacekeeping oversight
and decision-making has been somewhat improved, and the Secretariat
finally does some strategy work, IO Watch concludes that the Fifth
Committee still fails to fulfill its oversight responsibilities. UN staff have also attempted, over the years, to
increase General Assembly concern with poor management and lack of
accountability (although they have made little difference so far), as
shown by the following quote from the 1970s and then a very similar one
from late 2004, plus at least one responsive Fifth Committee voice: "During
[Secretary-General Kurt] Waldheim's second term [in the late 1970s ],
[and] thwarted in their negotiations with the United Nations
administration, [UN staff representatives] were enabled to express their
disquiet to the Assembly by a special provision enacted by the Assembly
itself in consequence of staff agitation.
these efforts failed in their object
of generating wide concern and consequent reforms
The spectacle of a staff body
vainly seeking the proper use of its resources in the organization's
service and soliciting, in effect, the intercession of the organization's
governing council to prevent continued mismanagement by its appointed
leaders was not new at the United Nations."
Shirley
Hazzard,
on the Waldheim era of staff relations in the 1970s, "Breaking Faith: II", The New Yorker, October 2, 1989, pp. 74-96,
[85-86]. "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] "James O. C. Jonah,
[who worked at the UN for three decades]
and served as head of
personnel from 1979 through 1982,
recalled that [when the Fifth
Committee initiated reforms in the late 1970s],
a
staff-management consultation process was established, and it was decided
that staff representatives should be allowed to appear before the
Committee. Now, it was sad to see the erosion of the international civil
service in the United Nations. That had serious implications. The Committee should also
have a serious look at the results of the integrity study. Never had the
staff perception of integrity been so low.
In some respects, the
reforms had weakened the Secretariat considerably. When he served as head of
personnel, his biggest fight had been with programme managers, who were
most resistant to reform
. He could not believe that such measures as
giving authority to programme managers would strengthen the international
civil service.
What had been said about the lack of authority of the OHRM was
true.
Without a strong personnel office, however, there would be no
uniformity of rules and fairness in the system. Governments
should not take what was happening lightly." "UN staff committee representatives tell budget committee concerns ignored in management reform report", Fifth Committee, Press Release GA/AB/3641 of 29 October 2004, p. 4. [emphasis added] In December 2004 the Fifth Committee (and the General
Assembly) provided a sad coda to the entire failed management
accountability effort of the past decade. It calmly passed resolutions
exhorting the JIU and the OIOS to do their duties a little better, and in
the case of the OIOS also conducted a purported but superficial five-year
"review" of OIOS work, and said it would repeat the effort -- in 2009.
This is a very poor response to the major UN oversight deficiencies
revealed by the oil-for-food programme at this very time (see the Iraq oil-for-food programme
subsection and Other Major
Problems.) The Committee and the Assembly merely
repeated the usual bromides about "strengthening" accountability and the
work of the OIOS, and of its external oversight bodies. It stated hollowly
that it: "4. Affirms its
primary role in the consideration of and action taken on the reports
presented to it; 5. Notes that no
mechanism has been established for the follow-up of [OIOS]
recommendations, including those considered by the General Assembly; 6. Emphasizes the
importance of establishing real, effective and efficient mechanisms for
responsibility and accountability; 7. Regrets that despite previous information provided by
the Secretary-General on the establishment of accountability
mechanisms, including the accountability panel, such
mechanisms are not in place, thereby affecting the efficient and effective
functioning of the Organization;" "Review of the
implementation of General Assembly resolutions 48/218B and 54/244: Report
of the Fifth Committee", UN document A/59/649 of 22 December 2004, and "Review of the
implementation of General Assembly resolutions 48/218B and 54/244",
General Assembly resolution 59/272 of 23 December
2004, esp. paras. 4-7. [emphasis
added] In its further resolution on human resources
management reform in December 2004, the Assembly was just as tired and
repetitive. It 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. At least, and 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 the
Secretary-General: "
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 1 and esp. para.
14.
[Note: the above list of past resolutions notably omitted the original one -- 48 218/A of 1993 on the management accountability system. Tthe Secretariat seems indeed to have been successful in expunging this bold General Assembly step from any further UN discourse and follow-up.]
The call for a specific, comprehensive report on this
management accountability and sanctions topic is new.
Unfortunately, the Assembly scheduled this report for late 2006, by
which time the scandals in the oil-for-food programme, and all the other
UN management problems (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 and exercising
its central oversight role with any "due diligence". This is a
very shameful failure of UN governance. In one other Fifth Committee/General Assembly
resolution, however, there was at least a glimmer of hope. The
resolution on the work of the Board of Auditors, to begin with, contained
strong and unusual words of praise, supporting IO Watch's belief that
Member States do realize that the Board is the only unit providing it with
truly professional and responsive reports. It stated that the Assembly: "Commends the Board
of Auditors for the superior quality of its reports, in particular with
respect to its comments on the management of resources and improving the
presentation of financial statements. "Financial reports
and audited financial statements, and reports of the Board of Auditors:
Report of the Fifth Committee", UN document A/59/588 of 30 November 2004, and "Financial reports and audited financial statements, and reports of the Board of Auditors ", General Assembly resolution 59/264 of 23 December 2004, para. 5. The resolution also noted the tardy issuance of the
Board's reports by the Secretariat, despite their timely submission by the
Board, and requested their priority processing to ensure that they are
submitted to the General Assembly well in advance, in accordance with the
(often-ignored but) established six-week rule. It also requested the
Secretary-General and heads of UN funds and programmes to work with the
auditors to prioritize the recommendations they had made, and to indicate a time-frame for
implementing those recommendations, including the office holders to be
held accountable. Even more promising, however, the
Assembly resolution stated that it: "Reiterates its
request to the Secretary-General and the executive heads
to examine
governance principles and to report thereon to the General Assembly,
through the respective governing bodies
. at its sixty-first session; Requests the
Secretary-General and the executive heads
to consider strengthening the
internal control framework, harmonizing the oversight mechanisms that
would
systematically act on
[oversight recommendations] and improving
financial reporting,
and report thereon
[at the sixty-first
session]; Notes that the
Secretariat has been collecting information on the experiences of audit
committees within the United Nations system and other international
organizations, and requests the Secretary-General to report on and provide
an assessment of its findings to the General Assembly at its sixtieth
session." "Financial reports
and audited financial statements, and reports of the Board of Auditors:
Report of the Fifth Committee", UN document A/59/588 of 30 November 2004, and "Financial reports and audited financial statements, and reports of the Board of Auditors ", General Assembly resolution 59/264 of 23 December 2004, paras. 6-11, [9-11.] These initiatives sound excellent for improving
General Assembly oversight, but they will probably be crippled, delayed,
and ultimately avoided by the usual ponderous UN policy-making processes
and Secretariat dawdling. The above language already noted that the
Assembly had to "reiterate" its request to the Secretariat to reexamine
governance principles, and then stated that the information gathered must
be filtered through the various governing bodies and only presented to the
General Assembly in late 2006 (late 2005 for the audit committee
topic).
This is very, very slow governance reform for an organization that
is increasingly in a crisis mode. Worst of all, however, after that lengthy period
passes, the Assembly will have before it only the Secretariat's opinions
and "analysis" of these topics, all of which the Secretariat's "good old
boys" have long proven that they really dislike. If the
pattern in other areas -- such as accountability overall, and the
administration of justice -- holds true, the ensuing debate could stretch
out from the Secretariat reports of 2006 for decades into the future. IO Watch believes that the General Assembly is
absolutely right to awaken to the need for better governance,
strengthening internal controls, improving action on oversight
recommendations, and considering audit committees. But the
Secretariat has consistently failed to pursue any of these important
matters with determination. (The UN funds and programmes often do
better, as indicated, for instance by the Assembly resolution's reference
to audit committees elsewhere in the UN system, but most certainly not in
the UN Secretariat or the General Assembly itself.) 2004 was a very bad year for UN management,
especially but not only because of the UN-administered oil-for-food
programme mess, and the turbulence continues. The
Secretariat just got through airily telling the Assembly in 2004 that the
Board of Auditors' recommendation urging a true fraud prevention strategy
might give "the mistaken
impression to the uninitiated reader that the potential for large-scale
fraudulent and corrupted activities is widespread." However the
Secretariat might "spin" what happened, there is no mistaking that serious
corruption matters appeared in the UN Secretariat during 2004 and continue
on. "First report on the implementation of the recommendations of the Board of Auditors for the financial period ended 31 December 2003: Report of the Secretary General", UN document A/59/318 of 1 September 2004, paras. 124-126. [emphasis added]
IO Watch therefore believes strongly that the Fifth
Committee should no longer operate without such an expert audit
subcommittee. Instead of debating the matter with the Secretariat for
years, the time to act is now. As the Assembly resolution of
December 2004 stated clearly, the Board of Auditors are producing
"superior quality" reports on the management of UN resources. Why not
replace or reform the old, bumbling internal management and internal and
external oversight performances with superior services drawn from an
overall oversight review by expert senior national auditors (see the
subsection on that topic preceding) , and the positioning of such experts
in a full-time, ongoing oversight subcommittee within the Fifth Committee
itself?
In the 20th century the General Assembly established
(and still relies heavily) on the ACABQ to provide it with analysis and
insight on budgetary -- that is input -- matters. Yet in the
21st century it still has no corresponding committee on the output side,
confirming the wise observation of 1973 that 'This dichotomy [between budgetary concentration and
performance neglect] is in itself one of the major causes of the
shortfalls of the performance of the system." Mahdi Elmandjra, The United Nations System: An Analysis, Faber and
Faber, London, 1973, pp. 228-229.
This must change, and the ACABQ provides the
appropriate underlying framework. The General Assembly should act
urgently to establish an audit subcommittee with a small group -- a dozen
or so -- experts. The choice of people is very important
-- as noted in other sections above, they can represent their countries on
national delegations, but they should all be demonstrably-respected senior
audit officials and members of INTOSAI, the worldwide national auditors'
organization. The work of these experts could certainly professionalise
and harmonize the entire UN oversight structure in a very solid and
disciplined way as the General Assembly seeks, again as discussed under External experts oversight
review above. The new audit subcommittee would
operate as outlined by the 1995 JIU report. This subcommittee should be bolstered further in four
important ways.
-- first, many national governments have legislative
staffs and analysts to help them with oversight. The JIU proposed this
idea to assist the CPC in 1984. The Secretary-General, however, was
sharply opposed. Yet having its own analytical capacity would be essential
to a truly independent and effective Fifth Committee oversight
capacity.
It should have the same staffing as the ACABQ (6
professional and above staff and 5 general service staff, at a cost of
about $1.2 million a year), an amount which its diligent work could easily
repay many times over; -- second, it could consider, and have funds for, the
ad hoc use of independent outside auditors and
consultants for oversight work, as done by various other UN system
agencies (and in fact, considerable OIOS oversight work is already being
funded by extra-budgetary funds); -- third, it should be a primary recipient of, and
closely analyse and critique and steadily improve, the two annual
Secretariat reports -- on UN results and on UN human and
financial resource status -- proposed in the following two
subsections; and -- fourth, it should make active use of "question
period" discussions with senior Secretariat oversight, financial, and
human resource officials on performance and reform matters. All of these legislative oversight and transparency
initiatives have been strongly resisted for decades by those who defend
the archaic UN status quo in oversight
matters.
Yet IO Watch believes that if this audit subcommittee had
been in operation and functioning conscientiously for the last decade, the
current multi-billion dollar humanitarian programme scandal in Iraq -- and
who knows how many others -- might well have been prevented or greatly
mitigated. The Secretariat, OIOS, Security
Council, the Fifth Committee, and Member State delegations will all bear
responsibility and shame for this scandal during the next few years, but
it is within the power of the General Assembly to ensure -- and to assure Member States
and the public -- that it will not happen again. Meanwhile, the possibility of independent outside
scrutiny may strike a little fear into the UN barons with their six
decades of immunity and impunity. Two quotes indicate the realities for
the corporate chieftains who must live in the real world of law. The good ones
have developed a certain gallows humour about the scrutiny (and the
"slaps" and the "blues") of the severe accountability climate in which
they must live in a post-Enron world, but for the poor ones the decisive
application of the rule of law continues forcefully on. "
many companies
are discovering '404', a section of the Sarbanes-Oxley law
that may
prove to be one of its most important parts. It requires
chief executives and chief financial officers to certify that their
internal controls are adequate, and it requires outside auditors to attest
to that opinion. And it is
working.
Additional spending
on controls may be wasteful for some companies, but improving controls
could be critical for others. Good controls can help honest top
management to know what is happening down below, and what risks they may
face, either from dishonest employees or from incorrect information about
how the company is doing. They can create environments in which
it is much harder for crooked bosses
For big,
established companies that already do the right thing, it's no big thing,"
said Michael Dell, the [head] of Dell computer. But he also passed
on a song being circulated on the Internet in which a supposed chief
executive
has nightmares about being led away in handcuffs. 'I really miss the
good old days when I told my board what to do,' he sings. 'Now my audit
committee is slapping me silly. Got the Sarbanes-Oxley blues.'" Floyd Norris, "Audits" no pain, no gain", International Herald Tribune, January 23, 2004. "
[Experts say
that] an intensifying battle [has emerged] over efforts to revamp
corporate governance. It is one that pits influential members
of the business community
against institutional investors pushing for
greater power over the direction of troubled companies.
None of this means
that corporate America will be returning to the complacency of the
pre-Enron days. And indeed, the criminal and civil pursuits of corporate
wrongdoing continue at a breakneck pace. The Justice
Department's corporate fraud task force, formed
in the immediate
aftermath of the WorldCom debacle, has racked up an impressive series of
victories.
By June 2004, the latest period for which full statistics are
available, the task force had obtained more than 500 corporate fraud
convictions or guilty pleas and charged more than 900 defendants,
including more than 60 top corporate officers, with various types of
fraud.
During that same time period, the [Securities and Exchange
Commission] filed almost 600 separate civil enforcement actions involving
financial fraud or reporting. As the big fraud
trials unfold over the coming months, public anger may build as the
excesses of the bubble years
are again trotted out." Kurt Eichenwald,
"Pendulum is swinging back in U.S. corporate crackdown", International Herald Tribune, January 15-16, 2005.
Three final quotes bluntly summarize the failure
of the Fifth Committee of the General Assembly over the years to provide
any serious oversight, or insistence on firm and systematic corrective
action, of the Secretariat programme operations which are now falling
apart at an alarming rate. "[In my view,]
the UN is constitutionally incapable of conducting any operation
efficiently or honestly. Ideally the UN, foreshadowing a future
world government, ought to be run by a global meritocracy -- rule by the
best. In
practice, it is the opposite. Any state that can be legally defined as one
can join the UN -- it is a club having no rules of probity
or morals.
The result is
failure and graft. UN officials are not
answerable to bodies like Congress or the U.K.'s Parliament, which would
be sure to track down, expose and punish gross abuses and manifest
failures. No senior UN official has ever gone to
jail.
It's rare for anyone to be sacked or removed. The top brass
resist any kind of investigation, on principle. The
oil-for-food inquiry is unique in that it has taken place at all and seems
to be garnering results. But will any punishment be
meted out?
Will any serious reforms be pushed through? Of course
not.
the UN is beyond reform until membership is
restricted to civilized powers that practice democracy and the rule of law
and hold their rulers responsible for their actions." Paul Johnson, "The
UN is for talk, not actions," Forbes (US), March 14, 2005. [Note: Mr. Johnson
is an 'eminent British historian and author."] [emphasis
added.] "Taking action against wrongdoing Taking action against
violation of standards is the shared responsibility of managers and
external investigative bodies. OECD
countries recognize that disciplinary actions against a breach of public
service standards should be taken within the organization where the breach
occurred.
All governments have developed a general framework for disciplinary
procedures that both allows managers to impose timely and just sanctions
and guarantees a fair process for the public servants.
Although public service managers have the primary
responsibility for initiating disciplinary measures in their agencies in a
timely manner, they may also receive assistance from specific external
institutions.
These external
institutions are the primary instruments for investigating and prosecuting
misconduct in the public service. These bodies
have the power to bring suspected cases of corruption directly to court in
all OECD countries. Moreover, two-thirds
of countries have procedures and mechanisms to enable the public to signal wrongdoing to bodies
exercising independent scrutiny on public service
activities." "Annex I: OECD public management policy brief on building public trust: Ethics measures in OECD countries," in Organisation for Economic Cooperation and Development, Public sector transparency and accountability: Making it happen, OECD, Paris, 2002, p. 192. [emphasis added]
"
[In corporate America]
directors, auditors, and
lawyers are more powerful than ever
[because these]
watchdogs are finally facing genuine liability for
their failures.
The Directors
are taking their once-ceremonial duties
far more
seriously.
[The biggest change]
is the all-important audit
committee.
[The members]
now have the power to spend company money on their
own lawyers, accountants, and forensic investigators
[and to supervise
the external] auditors.
The Auditors
[are more powerful] than
ever.
[Their] newfound assertiveness can lead
to some bloody showdowns with CEOs -- with the boss sometimes losing.
The Lawyers
[are] more
likely to be hired [as advisors] by directors, and
to behave as if their
true clients are shareholders
especially
[in] 'independent internal
investigations'
The U.S. Justice Dept. [can bring] criminal
charges against companies
[and] merely being charged with a crime [can
amount]
to a death sentence
[especially for] those businesses
that are built on public trust
Of course, CEO's are still in charge,
but their power is much more limited. The age of the absolute
corporate monarch
is over." David Henry, Mike France, and Louis Lavelle, "Special
report: The boss on the sidelines", Business Week
Europe, April 25, 2005, pp. 64-71. |
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