(Washington, DC) – The Government Accountability Project has learned that the United Nations is expected to release a new whistleblower protection policy for its staff in the next few days, with a possibility of release later tonight, October 28. This policy has been many months in the making, with an original draft being released for employee review and comment last March.
GAP has been pushing for stronger whistleblower protection at the United Nations through its International Reform program. Just last week, GAP was cited by U.N. Secretary-General Kofi Annan in a speech detailing the international body’s reform proposals, stating “We have developed a new whistleblower protection policy, based on best practices around the world, including advice from the US Government Accountability Project, Transparency International and other international sources.”
The UN cannot achieve its commitment to anti-corruption unless and until it protects the right to blow the whistle with independent, impartial and conflict of interest-free procedures and “make whole” remedies for victims of retaliation. This extends to the administrative mechanisms governing investigation (Office of Internal Oversight Services or OIOS), ombudsman and ethics offices, and the formal dispute resolution process of the Joint Appeals Committee and Administrative Tribunal.
The minimum elements of accountable operations include safe channels for reporting wrongdoing, enforceable sanctions against any party who retaliates against a whistleblower, access to an impartial forum for resolving disputes, and high-quality investigative capacity independent of management. GAP proposes the following best practices to aid the U.N. in this timely and much-needed U.N. reform:
Establish credibility at the highest levels: Given documented evidence that staff are fearful of retaliation for reporting wrongdoing, U.N. leadership must visibly and consistently act to hold wrongdoers accountable and recognize whistleblowing as a courageous and valued act.
Create independent, neutral disclosure channels: Safe channels must provide confidentiality to the whistleblower in addition to prompt, expert determination for evaluating the disclosure. Having multiple channels (anonymous hotlines, an ethics officer or ombudsman, law enforcement authorities) is the best way to ensure that the organization gets early warning of problems.
Maintain independence: To ensure that no real or perceived conflict of interest can compromise the integrity of investigations, OIOS should report to an authority independent of management. Optimally, the investigation function reports to an external entity (such as a professional association, or the independent commissions that have recently been empanelled for U.N. inquiries.)
Engage trained investigators: Investigators must be trained and experienced in fact-finding techniques to responsibly address the procurement fraud, sexual harassment, and peacekeeping failures that undermine the U.N.’s mission. Investigators should have unrestricted access to relevant information and have the authority to determine the veracity of the allegations
Adhere to international standards of justice: There is a long-established body of universal standards of justice enshrined in enforceable legal instruments issued by no less an authority than the U.N. itself. These provide for protection of freedom of expression and the right to both receive and impart information, a fair and public hearing by an independent and impartial tribunal, and the right not to suffer the retaliation of having one’s honor and reputation attacked.
Secure impartiality: The optimal forum for impartiality is external to the organization. There are several models of alternative dispute resolution mediated by third party entities that derive from judicial and arbitration models applied in international settings (ILO, International Centre for Settlement of Investment Disputes). Among the best practices is to select panel members from outside of the organization who have not worked for the organization or its affiliates for the previous two years at a minimum and who forgo all future employment, along with a selection process undertaken jointly by board, staff and management.
Provide due process: Process must be free from conflicts of interest, include recourse to third party alternative dispute resolution, and provide all parties access to legal representation and genuine relief. External audits as part of management reviews help professionalize and standardize due process practices.
“We’re very eager to see the report and appreciative that the U.N. has acknowledged accepting our advice,” stated GAP International Reform Director Melanie Beth Oliviero.