While the ongoing reform process of the UN internal justice system has brought improvements to the disposal of the backlog of cases and the addressing of new cases, it should only be seen as a first step towards granting the right of all persons under the jurisdiction of the United Nations to a fair hearing and an effective judicial remedy, which is enshrined in all major human rights instruments.

Furthermore, the large number of disputes brought before the UN internal tribunals still highlight individual failures to remedy management accountability and a continued collective failure of the implementation of an adequate governance style, for which the United Nations Organization is responsible.

Low degrees of transparency and accountability in management frustrate the UN’s enormous positive potential and are seen as serious issues, as weakness in these areas make checking and challenging the actions and decisions of the UN Administration a very complicated exercise.  

A case which epitomises the mismanagement and impunity enjoyed by some senior managers in the UN justice system is the case of Derek Coggon, a UK national and an honourable staff member with 30 years service in the Organization, who wrote to UNJustice sometime ago. In 2005 he was falsely accused of the heinous crimes of sexual exploitation and abuse which, in 2008, the UN Administrative Tribunal ruled to be “wholly unfounded”.

It is in the public records of the Organization that the UN court vindicated the infringement of Mr. Coggon’s rights with one year’s net base salary of nearly US$ 100,000 and with an exceptional award of US$ 5,000 by way of costs, but it is not widely known that the SEA [sexual exploitation and sexual abuse] Team Leader in charge of the flawed investigation, who accused Mr. Coggon’s legitimate girlfriend of being "a prostitute", was not reprimanded or held accountable. Instead she was promoted to Under Secretary-General for Human Resources Management –the Department of Management and the Office of Legal Affairs have a key responsibility in the administration of justice at the UN as they represent the Secretary-General before the UN courts.

The Member States in the General Assembly have repeatedly tried to assess what should be done to overcome the concerns expressed by victims and public opinion on the justice administration system of the UN not being accompanied by efficient checks and balances.

Some of the most significant recommendations and findings of the General Assembly show that Member States are in favour of an independent and equitable administration of justice at the UN and fostering an Organization’s culture that does not support waste, cronyism, fraud or unethical behaviour.

For instance, this year, at its 66th session, the General Assembly requested the “Secretary-General to make every effort to institutionalize good management practices in order to address the underlying factors that give rise to disputes in the workplace” (A/66/628).

Under the particular organizational asset of the UN, it is now up to the Secretary-General –and to its top advisers in the Department of Management and the Office of Legal Affairs, to really do the utmost to strengthen a professional administration and healthy management style within the internal justice system of the Organization.

However, if bad management practices that damage the Organization and its personnel are rewarded rather than sanctioned, then it is difficult to see how any kind of true justice is possible at the United Nations.

 

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