GAP Lambastes Action as Chilling Future Whistleblowers

(Washington, DC) – This past Tuesday, May 14, representatives of UN Secretary General Ban Ki-moon filed an appeal to the landmark whistleblower case Wasserstrom v. Secretary-General of the United Nations.

The appeal challenges the merits of the finding by the United Nations Dispute Tribunal (UNDT) – the court of first instance of the two-tier internal justice system through which UN employees contest violations of their rights – that the United Nations failed to adequately review whistleblower James Wasserstrom’s retaliation claims, as well as the compensation awarded by UNDT.

The findings in the case (available here and here) included a scathing critique of both the UN Ethics Office – charged with reviewing retaliation complaints from whistleblowers – and the Secretary-General, who was found to have engaged in a “manifest abuse of proceedings.” In the decision, UNDT Judge Goolam Meeran wrote that it was “difficult to envisage a worse case of insensitive, highhanded and arbitrary treatment in breach of the fundamental principles of the Universal Declaration of Human Rights.”

The Government Accountability Project (GAP), which represents Wasserstrom on advocacy issues, immediately criticized the move by the Secretary General as yet another example in a string of actions that seek to stifle whistleblower disclosures. “The Secretary General had the opportunity to show his support for whistleblowers and human rights by upholding the Tribunal’s findings and holding the wrongdoers accountable,” said Shelley Walden, GAP International Officer. “Instead, he decided to escalate his ongoing attack against UN whistleblowers.”

“In appealing this judgment, the Secretary General made it clear that he not only condones retaliation, but also engages in it himself,” said Wasserstrom. “None of the UN officials who retaliated against me – acts which the UN’s own judge described as ‘egregious’ and ‘appalling’ – have ever suffered any consequences. Secretary General Ban Ki-moon’s actions speak loud and clear to UN retaliators – they have his blessing.”

Also this past Tuesday, Wasserstrom’s attorney Mary D. Dorman filed an appeal with the UN Appeals Tribunal (UNAT), claiming that the $65,000 awarded by UNDT – roughly 2% of the losses and damages claimed by Wasserstrom – was insufficient. According to Wasserstrom’s appeal, UNDT committed an error in procedure and also erred on a question of fact, resulting in an unreasonable decision. Specifically, the appeal maintains that the judge erred in finding that the abolition of Wasserstrom’s post was not retaliatory, given that UNDT misapplied the burden of proof standard for whistleblower cases and inappropriately reversed itself in the relief decision, after initially ruling that Wasserstrom’s complaint was fully upheld.

Background on Wasserstrom’s Case

From 2002-08, Wasserstrom served with the UN Department of Peacekeeping Operations as a senior official at the UN Mission in Kosovo (UNMIK). In 2007, he disclosed a possible kickback scheme involving local politicians and senior UNMIK officials related to a controversial proposed power plant. After his whistleblowing came to light, he was detained by UNMIK police officers on trumped-up charges, his home and person were illegally searched, his photograph was posted on all UNMIK premises barring his entry, his post was abolished and he was subjected to criminal and administrative investigations.

In 2008, Wasserstrom’s attorney filed a case against the Secretary General in the UN’s internal justice system. Specifically the complaint alleged that the UN Ethics Office and the Office for Internal Oversight Services (OIOS), which investigates claims of retaliation referred to it by the Ethics Office, failed in their responsibilities. In a June 2012 decision, the UN Dispute Tribunal agreed, calling his treatment “appalling.” In a March 2013 decision the judge awarded Wasserstrom $65,000 in damages and costs.

Last month, Wasserstrom and GAP co-hosted a press conference in New York in which Wasserstrom discussed his case and released a letter addressed to U.S. Secretary of State John Kerry requesting the US government to withhold 15% of its funding to the United Nations in accordance with federal law (the 2012 US Consolidated Appropriations Act) requiring such if the State Department reports that the organization has failed to take steps to “implement best practices for the protection of whistleblowers from retaliation,” including “results that eliminate the effects of retaliation.” The letter notes that from the inauguration of the UN’s whistleblowing program in 2006 through June 2012, the Ethics Office has received approximately 343 “protection against retaliation” inquiries from whistleblowers. After further review, the Ethics Office found in favor of only one whistleblower, ultimately rejecting 99% of UN employees’ retaliation claims, including Wasserstrom’s. Moreover, in 2011, Secretary-General Ban Ki-Moon tried to shut down whistleblowers’ access to the justice system, but was unsuccessful.

In further violation of best practices in whistleblower protection, the UN has failed to release – to Wasserstrom or the public – OIOS’ investigative report into internal corruption in UMIK, which Wasserstrom risked his career to contribute to. Also, to the best of Wasserstrom’s knowledge and belief, there have been no negative consequences for any of the retaliators in his case nor for anyone in the Ethics Office or OIOS for their abysmal performance.

After the Wasserstrom press conference, the Secretary-General announced a review of whistleblower protections at the United Nations. Although the announcement was a step forward, the Secretary-General’s appeal of Wasserstrom’s case shows that the organization is still reluctant to protect whistleblowers or to enforce decisions that vindicate them.

For more information contact GAP’s Shelley Walden at [email protected] or 202.457.0034, ext. 156 or attorney Mary D. Dorman at [email protected] or 646.230.7444.

Contact: Shelley Walden, GAP International Officer
Phone: 202.457.0034, ext. 156
Email: [email protected]

Contact: Dylan Blaylock, GAP Communications Director
Phone: 202.457.0034, ext. 137
Email: [email protected]

Government Accountability Project
The Government Accountability Project is the nation’s leading whistleblower protection organization. Through litigating whistleblower cases, publicizing concerns and developing legal reforms, GAP’s mission is to protect the public interest by promoting government and corporate accountability. Founded in 1977, GAP is a non-profit, non-partisan advocacy organization based in Washington, D.C.

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