|
FOR SEVENTEEN YEARS "OIOS
HAS CONSTANTLY DECLINED TO RELEASE TO ME, THE COMPLAINANT, THE
INVESTIGATIVE REPORT FOR MY CASE No. 0001/94"
18 October 2011
UNJustice hopes that the United Nations Administration will
release without delay the investigative report by OIOS –the
internal oversight body of the United Nations, concerning the
complaints by Ms. Farida Burtis, a former female staff member of
the UN Department of Public Information.
The case number assigned to it –Case No. 0001/94, suggests this
was the first OIOS investigation case after OIOS was established
in 1994.
For nearly twenty years Burtis, a US national, has been seeking
justice, but in vain.
“I tried to obtain justice through the UN Administrative
Tribunal, but it was not competent, because I was a former UN
staff member. My then lawyer later filed a tort claim with the
UN Tort Claims Board, but that board itself never rendered a
decision: instead the UN Office of Legal Affairs intervened
saying the UN Tort Claims Board was not that organized to
deal with my case. Since I did not have a competent legal forum
I then asked the Secretary General to waive immunity so that US
courts could hear my case. Immunity was not waived, and US
courts could not proceed without such waiver of immunity. For my
efforts to seek justice, I was cast in the role of whistleblower
and successful attempts were made to inflict injury to me and
seek my disappearance. The then US Ambassador for UN
Reform wrote to the OIOS asking to reconsider its decision not
to provide me with a copy of their investigative report. OIOS
has constantly declined to release the report saying that it is
confidential but if the released to me, it could provide
substantiation to my allegations. In essence, I have already
explored all possible ways to obtain justice. It is a mockery of
justice to deny me the investigative report for my own case for
which I had requested the investigation,” says Farida Burtis.
UNJustice is alarmed to learn that according to an internal
memorandum by Kofi Annan, at the time
Assistant-Secretary-General for Human Resources Management, some
documents were removed from the UN Official Status File of the
staff member.
In the circumstances, UNJustice is worried that it might have
existed two different dossiers concerning Farida Burtis: one for
her personal examination and one for decision makers within the
Organization. Whereas Annan’s memo lists the removal of some
documents from the Official Status File of Farida Burtis, it
fails to consider the harm that the removed, and allegedly
adverse material, might have caused to her over the years.
UNJustice believes that transparency and accountability are the
basic tenets of good governance and an independent public
oversight body, such as the OIOS, should serve always the
public, not a national or international administration.
UNJustice recalls that in accordance with Article 14 of the
International Covenant on Civil and Political Rights:
“All persons shall be equal before the courts and tribunals. In
the determination of any criminal charge against him, or of his
rights and obligations in a suit at law, everyone shall be
entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law."
UNJustice believes that a failure by the UN Administration to
take action on Ms Burtis’ case would demonstrate contempt for
good governance principles and for fundamental human rights.
Please take action to urge the UN Administration to
reconsider its decision and provide the former UN staff member
with a copy of her investigative report without further delay.
Related
information:
Kofi A. Annan –Assistant-Secretary-General for Human Resources
Management, Internal UN memorandum
US Mission to Ms. Farida Burtis, Letter
UNAT Judgment No. 575, Burtis v. Secretary-General of the United
Nations
|
Interventions
and replies:
From UNJustice
to the OIOS -21 November 2011-
Dear OIOS,
We are writing to you again because Ms Farida Burtis has
informed us that she would like to receive an update
concerning her case -http://www.unjustice.org/appeal6.htm.
In particular, Ms Burtis would like to see a copy of the
investigative report into the allegations she raised at the
time -OIOS Rep. No. 1994/001. In this regard, we
respectfully request OIOS to release a copy of the above
mentioned report to her or to us.
Thank you for your courteous attention to this matter.
With kind regards,
UNJustice, urgent-action
From Ms.
Farida Burtis to UNJustice -21 November 2011-
Thanks for
sending OIOS a reminder. I greatly appreciate your
assistance.
The UN Staff Committee had suggested the same course of
action, and a few years back I requested the US Mission.
However, the US Mission said it had not received this
particular report. So then I requested the US Mission,in its
capacity as a member state, to rely on the relevant GA
resolution and to obtain the report for my case from UN and
release it to me. I made several follow up requests, but the
last time I approached the US Mission I was told the report
had still not been received.
Just as you sent a reminder to the OIOS, a brief reminder
from you to the US Mission might help because coming from
you may have more impact. I would appreciate it if you can.
Thanking you for your help.
With kind regards
Farida Burtis
|
|
