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At a time when the United Nations is playing a decisive role in coping with world problems which affect the lives of millions of people, fair play - a combination of observance of the rules, respect for the defenceless, and prevention of adverse behaviour - is the condition under which human cooperation becomes both possible and necessary.

With a view to this, to help these essential features cross the arbitrary and artificial barriers to realize the UN's potential as a positive force in the world, UNJustice devotes itself to no other task with more dedication than to the very task it got its name from: encouraging fair play in the United Nations system of administration of justice.

 
 
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GUARANTEE MEANINGFUL WHISTLEBLOWING PROTECTION: RETALIATION AND DISCRIMINATION ALLEGED OVER THE TERMINATION OF THE EMPLOYMENT OF A RUSSIAN STAFFER OF UNMOVIC – THE UNITED NATIONS MONITORING, VERIFICATION AND INSPECTION COMMISSION

10 January 2012

UNJustice expresses concern about the alleged unfair dismissal of a female UN staffer. The woman, a long experienced weapons of mass destruction inspector, has reportedly suffered retaliation and discrimination since August 2007, when she cooperated in an investigation following the embarrassing discovery of hazardous material in the New York archives of UNMOVIC – the United Nations Monitoring, Verification and Inspection Commission.

The staff member was informed that her contract would not be renewed on September 2007, a few days after the beginning of the investigations conducted by the United Nations and United States law enforcement officials.

Subsequently the woman was moved to ODA – the United Nations Office for Disarmament Affairs, where her supervisors allegedly abused their authority and discriminated against her on the grounds of her Russian nationality and because of her involvement in reporting the dangerous material.
ODA terminated her contract on 31 December 2009, citing budgetary constraints.

The UN staffer has been fighting injustice ever since.

“I immediately approached the Administration to enquire if there was any chance for me to get any other appointment or consultancy. I explained that I had just been diagnosed with a tumour and that I was in need of my UN Medical Insurance. Additionally, I explained that my daughter was in the middle of the school year and that I had paid her educational grant already. Therefore, I was unable to pay a grant back.

Secondly, I asked what I was to think about the fact that, at that point, I was the only female candidate in the UN Office for Disarmament Affairs who was fully qualified for the conversion of my contract into a permanent one.

Finally, I asked what should I do with my career. I felt I deserved an explanation of why I was being treated differently to my other former UNMOVIC colleagues and why I had been let go, given the fact that the UN Secretary-General had retained me as a part of the Organization's institutional knowledge on disarmament.

I was told that my expertise was no longer needed and that if I objected to the termination of my employment I would not be given my repatriation grant. Additionally, an official of the ODA clarified that I was not sent for training and business trips because it was useless to invest in Russian nationals. I was told that I should go and work for communists since my parents worked for the communist regime.

I was shocked. I called the administrative officer to ask her whether I could be considered for conversion to a permanent contract. But I was told that I was not qualified and therefore I was not included in the list of such potential candidates. However, I have since found out that three of my UNMOVIC colleagues obtained such a conversion although they were over the 53 years old rule established by the UN Secretary-General. Therefore, I was clearly being discriminated against.

I approached the Office of Staff Legal Assistance, OSLA, for support and their first advice was to go to the Ethics Office. I got an appointment with the Ethics Office, explained my story and I was told to listen to their advice and drop pursuing my case right away or to go back to OSLA since the whole matter was not a concern of the Ethics Office. OSLA, at the last minute, was unable to provide me with legal support; I was in need of a private counsel.

My health situation was deteriorating due to the cancer and therefore I was concentrating on taking care of my health and was unable to petition the UN tribunals. It is only now, after two years of surgery, radiation treatment and hormonal therapy that I feel that I am strong enough to file my case.

During these past two years, the pain of being treated unfairly in the UN was much stronger than the pain I was feeling because of my cancer. I could never forget the words the Senior Human Resources Officer of the UN Secretariat told me: «You can get financial compensation for mistreatment in the UN but you could never count on getting a job with the UN again». I would like to try to obtain justice in my case even if I have a limited life expectancy”, the UN staffer courageously told us.

UNJustice hopes that the UN internal tribunals will be able to resolve the disputes involved in this case efficiently and in accordance with the relevant laws and fair play standards.

UNJustice recalls that meaningful whistleblowing protection and accessible legal representation are fundamental safeguards to protect the most defenceless categories of UN personnel in their dealings with the Administration.

UNJustice is deeply concerned that, more than two years after the inception of reforms to the Organization's justice system, the situation for UN whistleblowers has shown no signs of improving and they continue to face retaliation and harassment on a regular basis.

Please take action to urge the UN Administration to guarantee meaningful recourse against retaliation to all its staff, and in particular to ensure an impartial and thorough investigation into the allegations by the weapons of mass destruction inspector, including into the possible involvement of supervisors and other UN officials.  

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Related information:

Chemical Weapons Scare at U.N. Headquarters, By Brian Ross, ABC News, 30 August 2007

 

 Update: 15 February 2012

The staff member has submitted to the UNDT a motion for extension of time to file her application.

 

 

 

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