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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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Corruption
Cover-up Several decades ago, a very
useful book examined the fundamental problem of organizations that fear
change and therefore engage in a process of "dynamic conservatism." Rather
than steady learning, improvement, and management of change, they resist
it as long as possible; when forced to change, make the changes small (and
cosmetic); and then claim much public credit for having acted at all. This leadership problem is
widespread in modern society, especially in the "public relations" and
"spin doctor" age, but few organizations have practiced it for as long,
and as successfully, as the United Nations
Secretariat.
The first of six "black holes"
of UN non-accountability is the cover-up of corruption. Transparency International, the
global coalition against corruption, offers a succinct
definition: "Corruption
is the abuse of entrusted power for private gain."
The UN has long had serious
problems of corruption (also referred to there as fraud, waste,
mismanagement, and abuse of authority) at its headquarters locations and
in its far-flung field operations.
Only one serious investigation of its corruption problems has ever
been made, in 1992, but there are many other investigatory articles
stretching far back into the past and recently appearing much more
frequently. The UN has even been labeled by one close and knowledgeable
observer as "probably the most unaccountable organization in the
world."
This first Black Holes
subsection is the longest and most important of the six black hole
discussions (except for the last one on the discriminatory "rule of law"
in the UN). Unchecked
corruption is very debilitating to any organization, and despite its firm
cover-up of this issue, the UN Secretariat in fact has a vast panoply of
corruption, mismanagement, and abuse scandals, issues, and problems hidden
behind the many pious UN Secretariat reports on accountability and
management reform during the past two decades.
In 1985 the Fifth Committee
(administrative and budgetary) of the General Assembly was frustrated by
the failure of the Secretariat to respond to many past calls for
management improvements and systems.
Member States were also concerned about the increasing complexity
of UN operations as they shifted from headquarters "talk-shop" activities
to major development, humanitarian and peacekeeping programmes around the
world.
In 1986 the General Assembly
commissioned an expert group report (the first in a series of six major
management reform efforts from then on up to the present). This "Group of 18" found UN
management capacity and performance unsatisfactory, and structures to be
"complex, fragmented, and top-heavy". The Group emphasized, inter alia, that efficient staff
management must rest on clear, coherent and transparent rules and
regulations, and that every manager must implement and create a
challenging work environment to strive for top performance. Above all, responsibility for
creating a healthy climate rested with senior managers, and the importance
of their having "necessary management skills [could not] be
over-emphasized."
Over the next six years, the
Secretariat "sort of" implemented the reforms, and issued a tepid series
of progress reports. The
General Assembly expressed its continuing dissatisfaction, and the
planning and review of programmes remained weak. The Assembly began to
focus on some new priority needs: to increase management controls,
compliance, and accountability; to increase staff and strengthen the
independence of the weak internal audit unit; and to combat fraud, waste,
and mismanagement, including confidential reporting of wrongdoing by staff
(i.e., whistle-blowers).
The Secretariat attempted to
rebuff all these mounting accountability pressures. In a soothing 1992
report it argued that existing UN rules were quite sufficient and that
sparse national fraud-hotline efforts had not worked well, and warned that
it would be difficult to protect whistle-blowers. The matter, however, "would be
kept under active review."
The report did reaffirm that "The Secretary-General
attaches great importance to his fiduciary responsibility vis-ΰ-vis Member
States for the prudent management of resources entrusted to the
organization."
This smug Secretariat report
was quickly buried in a blizzard of critical new reports. A detailed
investigation by the Washington
Post found many troubling problems of UN managers' impunity and
improprieties worldwide, in a UN with a "Polished image, tarnished
reality." The UN Board of
Auditors reported that the internal auditors were severely understaffed,
and the General Assembly called for "urgent steps" to correct the problem.
An external oversight report found grave weaknesses in all the Secretariat
oversight units, control processes, monitoring and evaluation efforts, and
financial controls, and a "crisis of confidence" among Member States. The US Senate agreed to repay part
of US debts to the UN only if the UN created an office to root out waste
and fraud. The UN's top manager, in his departure report to the
Secretary-General, made many sharp criticisms of the UN management culture
and performance, including his well-informed conclusion that
"The United Nations presently
is almost totally lacking in effective means to deal with fraud, waste and
abuse by staff members." The 1993 external oversight
report also created a table showing, for the first and last time [see the
end of this subsection], a multi-year listing by type of specific cases
reported to the Secretariat personnel office, including a very disturbing recent
increase in mismanagement and
fraud problems, as UN field operations rapidly expanded worldwide:
First half of
1990
1991
1992 1993 Total new cases referred
28
30
40
70 subtotal:
mismanagement/fraud 15
17
13
45 leading to: dismissal of
staff 2
4 4
1 appropriate action 8
10
4 3 lack of evidence 4
2 5
29 other
1 1 1 13
The Secretariat brushed off
all these devastating criticisms in a 1993 report on establishing a new
system of management accountability (as required by no less than four
different General Assembly resolutions.) After much conceptual discussion,
it cited UN managers' unhappiness with the restrictive nature of UN
procedures, and concluded that the Secretary-General would comprehensively
review and report on the central problem of "[balancing] the need for a
greater degree of managerial discretion by senior staff
and the ultimate
responsibilities to Member States."
[This aggressive "free the [incompetent] UN managers" approach
still continues on today, despite all the mismanagement that has since
occurred and even increased -- see Black Holes 4.]
The General Assembly responded
swiftly and with unprecedented firmness. It called for a transparent and
effective system of accountability to be established no later than 1
January 1995, including a mechanism to ensure that programme managers are
accountable for effectively managing the human and financial resources
allocated to them. The Assembly also called for a new mechanism to combat
fraud, and in June 1994 a new, independent internal oversight office was
established, including for the first time an investigation unit with a
confidential mechanism for the investigation of staff reporting of
wrongdoing.
The Secretariat produced a
surprising mea culpa report in
late 1994, admitting that the UN personnel office had been fragmented,
bureaucratic and unresponsive for decades, and largely unable to plan and
properly manage staff resources.
But by 1996 the reform efforts had settled back into a "continuing
process" of slow, incremental policy revisions as "building blocks" for an
accountability system. [The
Secretariat has indeed continued to successfully delay the UN managerial
accountability system -- for more than a dozen years so far -- which is
double the six years it had stalled implementation of the "Group of 18"
recommendations of 1986.]
The General Assembly "deeply
regretted" this non-performance in 1997. It cited the lack of sanctions for
mismanagement and "deplored" the many exceptions to staffing procedures,
especially in the personnel office itself. In subsequent resolutions over
the next few years it continued to cite the lack of a system, the need to
establish firm sanctions for misbehaving managers, and its concerns about
disturbing reports of fraud and presumed fraud.
Efforts to combat UN
corruption and establish management accountability were further hampered
during the late 1990s by two major factors. First, Secretary-General Annan
arrived in 1997 and immediately launched the "most extensive and
far-reaching reforms" in UN history, to restructure the organization, cut
costs, and "transform the management and leadership structure." In 1998 he added a new "vision for
human resources management" to be attained over the next five years. The
General Assembly was unhappy with this new pile of reform plans
[management reform plan 3], which quickly come to overshadow the 1993
management accountability reforms.
Second, the new internal
oversight unit -- the Office of Internal Oversight Services (OIOS) -- was
weakened by many factors. It was not given any new or specialized staff,
but merely lumped together the 90 staff from the small existing
Secretariat units. More importantly, prestigious UN figures emphasized
that for maximum credibility "the [head of the OIOS] must be of impeccable
repute and with top-calibre qualifications for such work." The UN's own
anti-corruption guidance to Member States emphasized that, to counter
overt and subtle intimidation:
'"the sine qua non is a power figure
dedicated to independent investigation of an allegation on its merits, who
will protect the anti-corruption authority from improper pressures or will
allow it
to resist and ignore threats of career retaliation."
Despite these very sensible
standards, Secretary-General Butros Butros-Ghali hand-picked a German
diplomat, Mr. Karl-Theodor Pashke, as the first head of OIOS. Mr. Paschke
began weakly, seeming "curiously laid back" for an anti-corruption
official; expressing his distaste for staff making confidential reports
(until reminded that it was his duty to protect them); and asserting,
despite his total lack of expertise, that the UN "had no more corruption
than other comparable organizations". He placed a very strong emphasis
during his 5-year term (1994-1999) on advising and working closely with
Secretariat managers, rather than dealing aggressively with their
mismanagement; and complained about weak accountability, but never
examined implementation of the 1993 management accountability resolution
(although follow-up on implementation of legislative mandates was a
specific OIOS function). Mr.
Paschke also accepted forbidden supplementary support payments from his
government.
Worst of all, Mr. Paschke soon
decided that "fraud was not the main concern of OIOS." His annual reports concentrated on
thousands of recommendations made in hundreds of narrow audits. The General Assembly finally
forced his attention to broader management problems, but in general did
not act on his reports. Mr.
Paschke departed in 1999, firmly endorsed and personally commended by
Secretary-General Annan, but admitting that much remained to be done to
achieve an accountable organization.
The brand new OIOS
investigation unit also started very slowly in its key new tasks of
rooting out fraud, waste, mismanagement, and especially the abuse of
authority. With only a few staff, the OIOS unit quickly piled up hundreds
of reports of wrongdoing from staff worldwide, and actually spent most of
its first few years pursuing a single major headquarters case of almost
farcical proportions. It announced that most of the many reports to it
were rejected as "personal complaints" and turned over to the personnel
office (a shocking betrayal), and apparently just discarded many
others.
Mr. Paschke eventually became
quite a "crime-fighter", but staff and outside observers had already
become skeptical. He had to deny vehemently to the General Assembly in
1996 that he would ever discriminate against whistleblowers, [although in
fact he did]. Media articles
reported that he would "rake no muck above a certain level of political or
bureaucratic influence" and that "staff fear they will suffer more
professional harm than the corrupt officials they want to expose." Worst
of all, he and Secretary-General Annan gave prime responsibility for
performance sanctions to managers.
They also -- amazingly -- actively and directly involved managers
in conducting "investigations" of their staff, like so many "Inspector
Clouseaus", rather than being subject to such investigations themselves
(see Black Holes 4.)
Mr. Paschke's five annual
reports never once cited a successful whistle-blower, and contained only
one brief mention of a possible case of retaliation against a
whistle-blower. He did,
however, report in 1998 on a manager who was absolved by the OIOS on major
corruption charges while the auditor involved was fired, to reassure
managers of OIOS "fairness." Upon his 1999 departure, he cited a
mere dozen cases of corruption, some quite trivial. And while he perhaps
saved more money than his OIOS spent (and most of that in catching
accounting mistakes), the annual savings were very modest relative to the
billions of dollars the UN was spending each year.
OIOS did report on corruption
each year in its annual reports, but only through a few ad hoc cops-and-robbers "stories".
When the General Assembly pressed for a broader report on sanctions
against staff for financial malpractice in 1997, the Secretariat provided
a terse 2-page report which can only be described as constipated. It stated that OIOS reports of
financial malpractice to department heads may be referred to the personnel
office (the Office of Human Resources Management). OHRM handled them like all other
disciplinary/misconduct matters, deciding on a disciplinary proceeding, or
closing them out, or leaving them as a performance matter to be "handled"
at the departmental level.
Apparently no further Secretariat report has ever been made on this
topic. The 1997 report's conclusion (which leaves any reader trying to
learn something about Secretariat disciplinary and sanctions actions and
patterns, as the General Assembly itself consistently has been, muttering
"But what about the other 54?") was merely and cryptically
that: "Of the 61 cases of possible
misconduct submitted in 1997 to the
[head of OHRM], 7 were referred as a
result of an audit/OIOS investigation. Four of those seven resulted in a
decision of summary dismissal,
[and the other three are pending.]"
Ever since this opaque effort,
neither the OIOS nor the Secretariat has ever done systematic annual
reporting on overall Secretariat corruption, misconduct, abuse and other
cases, patterns, actions, and outcomes until one weak effort began in
2002. In a biennial information circular (i.e., not a report to the
General Assembly), the Secretary-General now reports on disciplinary cases
which led to sanctions. The reports for 2000 through 2003 amounted to only
a dozen judgments per year, including for instance a grand total of only
three cases of harassment over that four-year period, in an organization
with 40,000 staff. Further,
the sanctions imposed versus the misconduct charged often seems
disturbingly erratic.
. In contrast, other organizations
report systematically on waste and corruption issues, such as the
following succinct summary from the World Bank in 1999: "World
Bank Complaints:
Misconduct cases investigated by
the World Bank's Office of Professional Ethics in
1997 TYPE
OF CASE
NUMBER Tax
related
57
Misuse
of facilities or property
54 Harassment
- nonsexual
36 Benefits
related 30 Abuse
or negligence of authority or position
22 Fraud
21 Harassment
- sexual
8 Criminal
charges
3 Other
misconduct * 77 TOTAL 308 *
Other misconduct includes defaults on loans, favoritism in hiring,
conflict of interest, abusive behaviour toward security, plagiarism, bribe
solicitation, and overtime discrepancies"
Meanwhile, In 2000
Secretary-General Annan, pressured again by the General Assembly, declared
victory in establishing management accountability. He stated in a report
that: "In conclusion, the
Secretary-General is confident that the comprehensive system of
accountability now in place ensures that accountability mechanisms are
effectively used, are seen to be used, and ensure that staff at all levels
are held accountable for their actions and inaction. The General Assembly may wish
to wish to take note of the mechanisms in place
which together constitute
the comprehensive system of accountability for the
Organization."
This brash statement has since
been proven woefully and totally wrong (see the Secretariat mea culpa of May 2005 and the
General Assembly resolution of May 2006, both underscored, later in this
subsection). Mr. Annan then
forged ahead with his own management reform initiatives. However, in a
firm rebuttal to his optimism (also in 2000, and under the new head of
OIOS, Dileep Nair of Singapore, another diplomat and banker appointed by Mr. Annan),
a media article reported on an "unprecedented wave of [UN] waste, fraud,
and corruption", and more and more abuses of authority and harassment, in
some 350 inquiries conducted around the world, in conjunction with dozens
of national police forces.
The OIOS annual report stated specifically that: "The Investigations Section
investigated 38 cases which were presented for administrative or
disciplinary action: 22 of those cases were recommended for criminal
prosecution by national law enforcement
authorities."
The media article noted that
Secretary-General Annan would be embarrassed by this rousing disclosure of
widespread UN corruption right before his Millennium Summit gathering to
convince skeptical Member States that the UN provided value for money and
seek an expanded role for the Organization. Indeed, OIOS disclosures of
systematic anti-corruption actions and sanctions (except for a few more
fraud "stories"), immediately disappeared, and even discussions of overall
OIOS investigation work in its annual report have become mere brief
paragraphs ever since.
The UN was sidelined in major
global events after the "9/11" tragedy and the ensuing wars in Afghanistan
and Iraq. Mr. Annan did
launch a new round of management and technical reforms in 2002 (major
management reform number four of six.). But by 2003 he declared a need for
overall "radical reform" of the entire UN, with a High-Level Panel report
thereon (2004), and he then issued his dramatic reports on "In larger
freedom" (2005), and "Investing in the UN" (2006). Accountability and corruption
priorities were left far behind, or so it seemed.
Mr. Nair and the OIOS, for
their part, also had a bumpy road in the new millennium. OIOS issued many more useful
reports, and on broader topics, than had Mr. Paschke. But although Mr. Nair courageously
faced up to Mr. Annan on an OIOS report calling for sanctions against a
senior UN official for sexual harassment, he also wrote some "whitewash"
reports to protect other officials including the heads of the UN
anti-corruption program and avoided any early UN action on serious refugee
sexual abuse problems. He also was very busy with oversight initiatives
with other UN system agencies and the global oversight community. In 2004,
however, he suddenly became enmeshed in scandals within his own OIOS
involving personnel and fund-use matters.
It is important to note here
that OIOS reported in 2004 that, during its first decade, it had "exposed
waste and fraud totaling some $290 million" and recovered and saved $130
million. Investigation units
are expected to save much more money than they cost, but these apparently
impressive statistics are
diminished by the fact that OIOS expenditures have built up to some $20
million per year (i.e. perhaps $150 million in total over the
decade). As a portion of the
some $80 billion ($6 to $10 billion annually) that the UN expended over
that period, the OIOS net fraud exposed ($290 million less $150 million of
OIOS costs, or $140 million) was only 0.18 percent, and the amount
recovered ($130 million less $150 million) actually negative.
Further, even the basic
"deterrent effect" of OIOS work is dubious, since the Volcker Inquiry
concluded in 2005 that both UN staff and management do not accept and
support the OIOS, and that it had no whistleblower policy. The fault, IO Watch believes, is
not necessarily that of OIOS, but that of the UN leadership under
Secretary-General Annan, which consistently refused to provide new and
urgently-needed investigation staff resources for the OIOS. Only after the scandals of 2004
and 2005 did the OIOS add some new staff, or "Investing in the UN for a
stronger organization worldwide", as Mr. Annan suddenly began phrasing it
in his final year.
In 2004, both Mr. Annan and
the OIOS had stumbled into the eye of a hurricane as multiple corruption,
mismanagement, and accountability scandals swirled with a vengeance. Briefly summarized, they
included:
-- an authoritative in-depth external
assessment (and its predecessor in 2000), concluding that the UN
management reforms of the past decade were still very incomplete, in part
because Secretariat managers (as in the past) resisted
them; -- a worldwide survey of UN staff
revealed serious doubts about UN integrity, leadership, the power of "the
old boy network, and the way the UN fights
corruption; -- the UN external auditors
reported that the UN had no comprehensive anti-fraud plan, coordination,
mechanisms, training and mechanisms for its many offices and
programmes; -- many powerful allegations of very
serious, multi-billion dollar corruption and mismanagement emerged from
the UN Iraq oil-for-food program; -- major security programme
mismanagement was found after the tragic bombing of UN headquarters in
Baghdad; -- very grave reports of refugee
sexual abuse by UN and peacekeeping staff emerged, which the UN had tried
to downplay but could not; -- harassment cases in the
Secretariat, long ignored in general, came to the fore after extensive
efforts to protect the head of UNHCR from sanctions
failed; -- the UN staff cited the
absence of concrete accountability measures, the erosion of staff rights,
uneven disciplinary processes, defective staff-management relations,
managers' resistance to reform, a lack of integrity at higher levels, and
the exoneration of senior officials despite questionable behavior and
performance;
-- the various personnel and
fund-use scandals surrounding Mr. Nair and the OIOS led to his being
forced out of office, ostensibly disgraced, followed by Mr. Annan's
decision to recommend a comprehensive review of OIOS operations and
independence; -- and finally, there were
mounting doubts in late 2004 among staff and outside observers about the
UN's operations, and Secretary-General Annan's leadership, in light of
Iraq oil-for-food and "all of the above".
All these difficulties were
followed in 2005 by three even more severe blows. First, the Secretariat was forced
in May 2005 to admit major breakdowns and produce a set of immediate
reforms (UN major management reform effort number 5, albeit a stop-gap
one). The Deputy
Secretary-General announced that: "'The UN must take real
action now
particularly in the critical areas of management, oversight
and accountability'
'Perhaps the most obvious
shortcomings identified by the Volcker Inquiry and other crises are in the
area of oversight and accountability. The current 'control' systems for
monitoring management performance and preventing fraud and corruption are
insufficient and must be significantly enhanced.'" The final Volcker report in
September 2005 on the Iraq-oil-for-food programme, which the above sudden
reform announcements certainly were intended to deflect, was very forceful
with regard to the performance of the Secretariat as a whole, of Mr. Annan
himself, and of the OIOS: "The main conclusions are
unambiguous. The [United Nations] requires
stronger executive leadership, thoroughgoing administrative reform, and
more reliable controls and auditing.
There was corruption within
the United Nations at a critical management point. There was exposure of important
administrative and control weaknesses
The consequences? An avoidable
loss of assistance to Iraq's population and a grievous loss of credibility
to the United Nations." "The record amply demonstrates
a number of instances where there was a lack of support for and oversight
of the Programme by the Secretary-General. In sum, in light of these
circumstances, the cumulative management performance of the
Secretary-General fell short of the standards that the [UN] should strive
to maintain." "OIOS ID [Investigation
Division] is generally not supported and accepted across the United
Nations by both management and staff. This, together with a lack of a
whistleblower protection policy, prevents OIOS ID from successfully
carrying out its mandate."
The Secretariat was still
reeling from these severe assessments when what may prove to be an even
greater scandal hit. Although
the Secretariat tried to take credit for discovering and reporting it
publicly, procurement has long been a sore spot in the UN. The new procurement scandal seems
-- as in so often at the UN -- to have arisen only after outside pressure,
in this case a US General Accountability Office review in mid-2005. As
described in just three of the many articles on this
subject: "[A December 2005 report by
Deloitte Consulting LLP, a global accounting and consulting firm, found
that] unless addressed soon, serious oversight and safeguard deficiencies
leave the United Nations procurement system open to fraud
The report found
'a
significant reliance on people [which] leaves the UN extremely vulnerable
to potential fraudulent or corrupt activity, and limits the Organization's
means to either prevent or detect such actions.' "The United Nations is
conducting some 200 investigations into its procurement activities and has
placed eight officials on special leave
[The UN's top manager said]
'We are ferreting out corruption and fraud where it existed and where it
exists.'
[Audit excerpts] described
systemic failures. 'The
design and maintenance of controls
were insufficient'
'Important
controls were lacking while existing ones were often
bypassed.'" "In a sense, the alleged
irregularities in peacekeeping procurement [recently reported], involving
possible waste and fraud of up to $300 [million], do more damage to the
UN's reputation than the larger abuse of the UN oil-for-food programme for
Iraq.
The UN Secretariat could rightly put some of the blame on the
Security Council [in oil-for-food]
The secretariat has no such plausible
scapegoat in its mismanagement of peacekeeping
procurement."
In 2006 this pressurized
situation has only become more complex. Secretary-General Annan set up a
number of new, "independent" panels to examine major management changes,
such as reform of the internal administration of justice system. He also released his final grand
management reform plan (number 6 of 6 -- that is, to recapitulate -- those
of 1986, 1993-94, 1997, 2002, 2005 (stop-gap) and 2006). On his way to the exit after ten
years as Secretary-General, Mr. Annan proposed major management changes
under the theme of "Investing in the UN", in some 400 pages of detailed
reports on information technology, budget implementation, financial
management, reporting mechanisms, procurement reform, accountability (one
more time!), and a new "independent" audit advisory committee. One can only wonder why he had not
done this when he arrived in 1997, but certainly the tumult and scandals
of 2004-2005 was a major motivating factor for this last reform
attempt.
The only serious body the UN
presently has to confront its anti-corruption problems, the OIOS, is also
under enormous pressure. Its
third head, this time -- and at last -- an oversight professional, is Ms.
Inga-Britt Ahlenius of Sweden.
She is in a very unenviable position. She must deal with the
fallout from heavy OIOS involvement in the Iraq oil-for-food scandals; the
disruption to OIOS morale from the troubled and abrupt departure of her
predecessor, Mr. Nair; the Volcker Inquiry verdict of an OIOS "not
supported and accepted" by UN management and staff; and enormous new work
burdens of the UN procurement scandal. On top of all this, her ongoing
work is fundamentally disrupted by the July 2006 comprehensive external
report on assessing and enhancing OIOS operations and independence that
Mr. Annan commissioned, which were only beginning to be debated by the
General Assembly in late 2006.
The ensuing discussions may well drag on for
years.
One more significant factor
must be mentioned. The UN has had a longtime "global role", much expanded
under Secretary-General Annan, to lead and advise Member States on
anti-corruption matters. For five decades it has held congresses to
strengthen international cooperation against expanding crime, and also
combating corruption. In 1999 the UN established a Global Program Against
Corruption, in Vienna, to aid governments in strengthening anti-corruption
efforts and judicial integrity.
In 2000 Mr. Annan initiated a
rather school-masterish "Global Compact", in which multinational companies
report publicly each year on their adherence to UN system human rights,
environmental, and labor standards, and -- since 2004 --
anti-corruption efforts. And
in 2003 the General Assembly adopted a UN Convention against Corruption
to, as Mr. Annan said, "send a clear message
[of determination] to
prevent public and private corruption", to "reform core values" and
"[make] the world a better place for us all." Again, one could only wish that
Mr. Annan had turned that zeal into serious anti-corruption efforts inside
the UN Secretariat during his ten years as the UN's chief administrative
officer. Particularly since 2004-2005, there is now a definite odor of
hypocrisy in the UN Secretariat's exercise of these "global leadership"
efforts against corruption.
* * *
*
To sum up, the UN now faces a very serious anti-corruption
credibility, strategy, and implementation crisis. The cover-up of UN corruption
problems that has gone on for decades has suddenly boiled over into a very
considerable mess, and there is little indication of real change to come
in UN operations. IO Watch
wishes to offer three pivotal quotes on this problem, and then four areas
in which an entrenched UN culture can finally break free of its inability
to act effectively against corruption. First, in 1994 the first,
transitional head of what became the OIOS, a long-time veteran and head of
past UN internal audit work, stated a challenge which still remains
unanswered today. "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.
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
.
"
Second, in 2001, OIOS issued
two "damning" reports demanding "drastic and immediate" change in the
management of the UN crime programme in Vienna by its Executive Director,
after media articles on serious waste and mismanagement, withdrawal of
funds by donors, and five subsequent audits containing 145 recommendations
for change, almost half of them deemed "critical." However, an October 2001 interview with OIOS head
Dileep Nair discussed this case and then one of a hapless (and asserted
"senior") officer in northwest
Somalia, who "had
not strictly adhered to U.N. rules". IO Watch believes that this
juxtaposition beautifully illustrates the existing "kid gloves" sanctions
system for higher UN officials of the UN Secretariat, versus the much
tougher standards imposed on lesser staff. "[Mr.
Nair] noted [OIOS's] strong criticism of the management of the UN Office
for Drug Control and Crime Prevention in Vienna, which was investigated
[note: in the spring of 2001] after allegations of fraud and
mismanagement. Last month,
the United Nations announced that Pino Arlacchi, who heads the office,
will leave his post in mid-2002.
In
northwest Somalia, investigators said allegations of corruption and
mismanagement were unfounded, but the audit discovered that a senior U.N.
officer had not strictly adhered to U.N. rules. The [OIOS] recommended that he
should be held strictly accountable for approximately $50,000 in losses as
a result of his actions."
Third, an astute observer of
organizational behaviour reflected on recent corporate scandals in 2004
with words of wisdom equally
applicable to public organizations like the UN. In the final analysis, he
said, when an organization falters gravely, it's all about "the cops."
"A
screwup so egregious you couldn't have imagined it does incalculable harm
in a giant enterprise -- we've seen it before. Managerial failures this mammoth
are all different, but in a way they're all the same. The
great common feature they all share is the compromising of the
police. That may sound odd in
a corporate context, but it shouldn't.
In
companies the police are just as important but have a different name. They're the auditors, part of the
finance organization. When
anything impedes the police, or even interferes with their incentives to
do the one thing that they're supposed to do -- enforce the rules --
trouble follows. The only
question is how bad it will be.
True
disasters always require that many things go wrong at once. But the big lesson is one that
proclaims itself often when organizations damage themselves terribly: Your police have one job, and
you'd better let them do it, make them do it, and not ever compromise
them."
In December 2005
Secretary-General Annan stated that he "would like to hand over to my
successor
a UN that is fit for the many varied tasks and challenges that
we are asked to take on today."
But his last round of sweeping management reform proposals was
largely rebuffed by the General Assembly, which emphasized in
May 2006 the need for greater accountability of the Secretary-General
himself, and, once again, for clear definitions of accountability and
accountability mechanisms and "instruments for its rigorous enforcement --
without exception -- at all levels."
Attention thus largely shifts
from Mr. Annan and his group of senior officials to the new "team" to
arrive in early 2007, whoever they may be. They will have to face up
immediately to a weakened organization, and much unfinished business and
many grand proposals for major management change. IO Watch hopes that shutting down
the six black holes of non-accountability will become an important part of
the agenda. In addition to
closing the other five black holes, which follow, IO Watch would suggest
the following four specific efforts to end the Secretariat's corruption
cover-up. 1.
In July 2004, as already noted above, the UN Board of
Auditors, in accordance with fraud-fighting processes which they had
been urging for over a decade, concluded that the Secretariat did not
have a comprehensive anti-fraud and anti-corruption infrastructure,
and did not include anti-corruption and anti-fraud elements in its
various rules, procedures, and internal controls. A large number of UN offices
and programmes had no framework for fraud prevention, no fraud
risk-assessment mechanisms, and no mechanism to resolve reported and
detected incidents and allegations of corruption and fraud. The auditors recommended detailed
action steps to rectify this situation. A Secretariat response in
October 2004 casually brushed aside these recommendations, stating that
the Secretariat assigns "high priority" to fraud and corruption issues and
observing superciliously that "
some of the Board's
comments may give the mistaken impression to the uninitiated reader that
the potential for large-scale fraudulent and corrupted activities is
widespread."
Less than seven months later,
in May 2005, the Deputy Secretary-General announced the "grave
shortcomings" in UN accountability and oversight. As a specific action step, the
Secretariat promised to consolidate its "disparate" guidance on fraud and
corruption prevention into a new policy and plan drawing on best
practices, propose a new coordination mechanism, and provide some staff
training. Little further has
been since heard of this effort among all the dramatic management changes
and priorities which Mr. Annan put forth in 2006. But five decades of experience
has clearly shown that a mere Secretariat policy, or plan, is no guarantee
of any real action whatsoever, and indeed may only mask continued
corruption. The
Secretariat should henceforth report annually (as part of general
anti-corruption reporting), clearly and analytically on progress, risk
assessments, trends, and results in applying this framework.) IO Watch discusses the Board of
Auditors' essential recommendation -- which has not been acted upon more
than two full years later -- in more detail in the website subsection on
A real UN fraud prevention
programme.
The reform must also be supported by a proposed new General Assembly audit
subcommittee and by rectifying a Geneva Group "due diligence"
failure. (see also Black Hole 5, on
"'Independent' UN oversight is not.")
2.
The fact that the OIOS and the Secretariat have done no
systematic, analytical, and annual reporting on its anti-corruption
efforts, (except for the "bedtime stories" in OIOS annual reports) for
over a decade is scandalous.
This Black Holes subsection has highlighted examples of such
reporting, from an external oversight report in 1993 and the World Bank in
1999, but the UN has done nothing similar. | |||