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UN Ethics: open
letter of Cynthia Brzak on a policy which has never been
implemented by the Organization
7 January
2010
From: Cynthia Brzak-UNHCR, Geneva
1 January 2010
Dear High Commissioner
Dear Mr. Aleinikoff (Dean, Georgetown University Law Center,
Washington DC and
newly-appointed Deputy High Commissioner)
Dear Mr. Pitterman
Dear Mr. Alford
Dear Under-Secretary-General Ahlenius, OIOS, UN New York
Dear Attorney-General Holder, US Department of Justice,
Washington DC
Since 2004 I have been largely unable to work normally because I
formally objected to harassment, worked openly to protect staff
rights for us all and my voice was heard telling many truths.
In an atmosphere polluted by increasing corruption and wrong
doing, management retaliated again and again by creating
conditions impossible to function normally in.
On 12 May 2005 – exactly 12 days after taking up the post –
UNHCR’s new Director of DHRM (R. Hall) informed me my post was
likely to be cut citing reasons which lacked authority and were
actually bogus. After intervention by UN NY senior management,
this threatened post cut was rescinded on a Saturday
about a week later.
After years of mounting difficulty, I applied for the standard
voluntary separation package on offer to UNHCR staff at least
twice. It was withheld the last time in mid-2009 because I
refused to give up my right to legal due process – and because I
refused two separate bribes to do so – S. Pitterman first
offered double the standard package, i.e. 4 years salary; then
offered me any amount if I would abandon my case in US
courts seeking to hold UN officials accountable.
In the meantime, the United Nations and UNHCR refined the ways
and means to rid many UN staff of their employment while
undermining contractual rights – and I was elected several times
by my peers to represent staff for several years at the
negotiating table. With other staff representatives we met with
management over many grueling months of meetings with their sole
objective being to bypass UN staff rules and regulations seen as
obstructionist by managers fully bent on inventing easier ways
to rid UNHCR of long-serving staff with indefinite contracts and
many acquired rights.
First the telecommunications division used their staff as guinea
pigs, sending illegal termination letters to Geneva-based
colleagues. Budapest was invented as a UNHCR ‘service center’ at
enormous cost. Human resource, finance and procurement work was
sent there next, and lo-and-behold, training followed, paving
the way for my post to be abolished on 30 June 2009.
Over this period, a so-called comparative review panel was set
up by DHC Craig Johnstone to examine some HQ posts even though
in the Joint Advisory Committee and as staff representatives we
made it clear that having no staff component in attendance at
the time contravened UN rules.
After another attempt to sideline me in 2009, offering to
medivac me to my home country on indefinite sick leave – when I
was not on sick leave and I had to point out that medical
evacuation cannot be used for my category of staff – I applied
for two posts at my local duty station in Geneva commensurate
with my competencies and experience. Neither was attributed to
me by the manager, APPC, DHRM, senior management or the High
Commissioner.
Despite OIOS pledging in writing in 2004 to “overseeing my
case for several years as normal practice for complainants at
risk of being targeted later” they have failed across the
board to do so. Despite
a 2005 letter from the Assistant Secretary-General, OHRM
NY assuring me that "our main concern has been and remains to
ensure that you and those who supported you do not suffer
retaliation in connection with your initial complaint against
the former High Commissioner and ensuing events" this
concern did not hinder at all the retaliation I have suffered.
Now I am one of more than 20 GS staff in Geneva in-between
assignments (if we can believe this figure). With all I know,
all I have witnessed and the directions we are clearly moving
in, could I think I will be given fair and unbiased treatment in
2010 when applying for some of the approximately 39 vacant posts
to be filled?
When I filed my sexual harassment complaint with OIOS in NY in
2004, M. Alford was my chief of section. He was one of the
first to treat me differently, voice concern that I had become
an undesirable element and take action to separate me out.
It is all the more relevant that after time away from UNHCR and
with one or two years left before retirement, Mr. Alford
returned as Deputy Director of Human Resources and now writes to
us GS staff that “… a reduction in the number of General
Service positions in Geneva [went] from 426 in January 2007 to
249 as of January 2010” [yippee] and “we have thus far avoided
the complex [no, statutory] process of a comparative review,
rather relying on the normal procedures of the APPC to place as
many available staff as possible on job openings”.
Further explaining in his broadcast mail of 22 December 2009
that the early-2010 procedure will involve so-called second-tier
applicants being shared only if “managers can
demonstrate to the APPC the unsuitability of the first group of
applicants”, tellingly, no guidelines set out what must be
‘demonstrated by managers’ and what constitutes
‘unsuitability’.
The exercise itself is fundamentally flawed. UNHCR Staff
Councils have repeatedly shown such ad hoc measures have
no legal basis under UN rules hence are not statutory – only
comparative review is. The ‘first group’ of applicants is
supposed to be those staff without posts; ‘second tier’ being
other staff interested and eligible. Both are arbitrary
designations not appearing anywhere in UN Rules and Regulations
for assignment and promotion - so are illegal.
From a personal and overall standpoint, it seems that the High
Commissioner is once again allowing DHRM to proceed with tainted
practices on a disingenuous path that when legally challenged,
as the 2008 promotion exercise for UNHCR professionals was, will
again result in an expensive judgment against another expensive
flawed exercise.
Nonetheless, pending discussion with managers and colleagues,
plus an evaluation of the duties and job descriptions, I am
currently interested in pursuing job openings –
5024: Architect Assistant, G-6, General Services Section, DFAM
5011: Senior Emergency Deployment Clerk, G-5, Emergency
Preparedness & Response Section, DESS
5032: Senior Administrative Clerk, G-5, Private Sector & Public
Affairs, DER
5005: External Relations Assistant Liaison Unit, G.6, RBE
5041 : Internal Communication Assistant, G.6 Media Relations &
Public Information Service, DER.
So with all I know, all I have witnessed and the directions
we are moving in, I call here on the UNHCR High Commissioner,
the newly-appointed Deputy High Commissioner coming from the
stewardship of a law school, DHRM, the UNHCR Staff
Council, other UN staff bodies, the UN Secretary-General, OIOS,
donor governments and the US Attorney-General to protect me, my
legal rights, my acquired rights and to finally uphold my
right to work at UNHCR free from harassment, retaliation and
mobbing.
I publicly challenge Mr. Guterres and Mr. Pitterman to find the
most transparent and wholly legal way to ensure I (as well as
other colleagues) am assigned to a post I apply for. Let
there be no pretention that processing me in a batch – as was
done with my post abolishment last year – disguises in any way
the Organization’s legal duty to protect me and provide a work
environment free from retaliation until retirement.
I call on everyone involved to take administrative action in my
favour – and to focus on what is not done in my favour – to
achieve an end to the illegal retaliation against me (under both
UN Rules as well as applicable national law) in breach of the
UN's so-called Whistleblower Protection Policy, ST/SGB/2005/21
– created as a direct consequence of my action as a
whistleblower in 2004.
Sincerely,
Cynthia Brzak
UNHCR, Geneva
cc:
Mr. Ban Ki-moon
Mr. Nambiar, Chef de Cabinet NY
Ms. Kane, USG for Management NY
Ms. Kimyaci, Ms. Brown, UNHCR Career Management Unit
Mr. Wak-Woya, Mr. Pellet, UNHCR Staff Council
Staff Union of UNDP/UNFPA/UNOPS
UNICEF Global Staff Association
UNOG Staff Coordinating Council
UN Staff Unions in New York, Nairobi, Vienna
UNJustice
Steve Stecklow, Wall Street Journal
US Mission to the United Nations NY
Permanent Missions to the United Nations and Members of the UN
High Commissioner’s Programme of Work: Australia, France,
Nicaragua, Sweden, UK, US, etc ….
Update:
20
January
2010
From: Cynthia Brzak UNHCR,Geneva
To: H.E.
Mr.António
Guterres,
United Nations High Commissioner for Refugees
18 January 2010
Dear High Commissioner,
I would truly have appreciated it if you had written to me, in
response to my letter dated 1 January 2010, instead of asking
Mr. Pitterman to respond on 15 January on your behalf (Annex
1 below). But you are a skilled politician, and perhaps,
for this reason, you have not wished to ever meet to discuss a
fair and quiet ending to the matter of my action as a
whistleblower (Annex 2 below).
After ‘blowing the whistle' in late April 2004 on sexual
harassment and assault, I submitted to OIOS less than two months
later (on 18 June 2004) twelve additional allegations of
orchestrated retaliation against me which had already begun (Annex
3 below). This alone constitutes ample reason to be
concerned about plenty of retaliation - which I brought to US
Federal Court.
Instead, you instruct DHRM to say “there is absolutely no reason
for you to be concerned about retaliation in relation to the
APPC postings exercise which will soon take place”. To brush
aside facts and demean my fears is unacceptable.
I believe it is clear why I am seeking your protection now under
your Executive powers within UN rules and am not looking for
more hollow words on paper. I ask for your action within ST/SGB/2005/21
(Annex 4 below) as proof the Organization is fulfilling
its duty to protect whistleblowers - meaning me.
Next, since the UNHCR Code of Conduct has proven to be morally
bankrupt, why even bring it up? With the benefit of a complete
picture, you would know that in 2005 I officially removed my
signature from the Code of Conduct. Why?
Because less than one year after it was signed by your
predecessor, High Commissioner Ruud Lubbers, he sexually
assaulted me in his office while I negotiated in the interest of
the 6000 staff I was elected to represent – and then in the same
spirit, the Director of DHRM assaulted me twice for good
measure. Just as shockingly, the Organization rallied to help
the alleged perpetrators (e.g. by serving in a working group to
redefine sexual harassment; by sending press releases; by
sending all-staff-email in the middle of the official
investigation), while ensuring I was further victimized and
deprived of all rights, including any right of reply.
But Mr. Pitterman writes, “Should you have information
concerning alleged misconduct or wish to seek protection from
alleged retaliation, there are specific procedures in place to
assist you and ensure due process. I would encourage you to
make use of those procedures where appropriate and to respect
the principles outlined in the Code of Conduct accordingly”.
If you decide my factual (and well-substantiated) recitation of
events is some sort of allegation, I, in turn, encourage you,
Mr. Pitterman and Mr. Alford to avail yourselves of the
“specific procedures in place to assist you and ensure due
process” and bring them “to the attention of the Director of
Ethics”. Sadly, five years later, UNHCR is still attempting to
twist reality, muzzle me and treat pleas for whistle-blower
protection as spurious.
Also in Mr. Pitterman’s reply on your behalf, he warns, “it is
inappropriate for you to copy your correspondence outside UNHCR,
but especially to external parties such as governments and the
press”. This is false, as Section 4 of ST/SGB/2005/21
states.
Most importantly, these are words threatening and damaging to me
- while I await proof you are acting in good faith to protect me
and restore my reputation.
I too must add here that I did not unfairly misrepresent Mr.
Pitterman’s efforts to try to conclude an agreement on voluntary
separation – in fact, if he had put the terms he offered in
writing, the onus of proof would not be on me – again. No one -
I repeat - no one has worked harder, longer or more diligently
to establish and maintain open channels of communication than
I.
One proof, among many, is that I wrote to you again on 1 January
2010 seeking your protection – and a new posting – so that I may
finally re-establish normal working conditions – if finally
allowed to. I have been, am, and will remain genuine and
diligent in my efforts to find a mutually agreeable solution to
the damages wrought.
I very much look forward to the day when we (my colleague Nasr
Ishak and I) are able to prosecute the United Nations and UN
officials in a normal court of law, where the evidence of action
taken and being taken against us (filling pages) will finally be
judged for what it is.
In that spirit, of justice and progress for all, I send you best
regards for the New Year.
Sincerely,
Cynthia Brzak
UNHCR, Geneva
cc: Mr. Ban Ki-moon
Mr. Nambiar, Chef de Cabinet NY
Ms. Kane, USG for Management NY
Ms. Ahlenius, OIOS NY
Dean Aleinikoff, Georgetown University Law Center,
Washington DC and newly-appointed Deputy High Commissioner
Mr. Pitterman, Mr. Alford, UNHCR DHRM
Ms. Kimyaci, Ms. Brown, UNHCR Career Management Unit
Mr. Wak-Woya, Mr. Pellet, UNHCR Staff Council
Staff Union of UNDP/UNFPA/UNOPS
UNICEF Global Staff Association
UNOG Staff Coordinating
Council
UN Staff Unions in New York, Nairobi, Vienna
UNJustice
Steve Stecklow, Wall Street Journal
Mr. Eric Holder, US Attorney General, Dept. of Justice,
Washington DC
US Mission to the United Nations NY
Permanent Missions to the United Nations and Members of the UN
High Commissioner’s Programme of Work:
Argentina, Australia, France, Nicaragua, Sweden, UK, US, etc ….
Related
information:
Annex 1, From
Shelly Pitterman to Cynthia Brzak - January 15, 2010
Annex 2, From
Cynthia Brzak to the United Nations High Commissioner for
Refugees - August 30, 2005
Annex 3, From
Cynthia Brzak to Mr. Dileep Nair, Under-Secretary-General for
Internal Oversight - August 9, 2004
Annex 4,
ST/SGB/2005/2 - Secretary-General’s Bulletin: Protection against
retaliation for reporting misconduct and for cooperating with
duly authorized audits or investigations
Updates
& News, A
real champion of women's rights never gives up
(News, 4 December 2008)
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