Identifier
Created
Classification
Origin
07USUNNEWYORK686
2007-08-17 13:50:00
CONFIDENTIAL
USUN New York
Cable title:  

UN PROPOSAL TO CARVE INVESTIGATION OUT OF OIOS

Tags:  AORC 
pdf how-to read a cable
VZCZCXYZ0001
OO RUEHWEB

DE RUCNDT #0686 2291350
ZNY CCCCC ZZH
O 171350Z AUG 07
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC IMMEDIATE 2482
C O N F I D E N T I A L USUN NEW YORK 000686 

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/24/2017
TAGS: AORC
SUBJECT: UN PROPOSAL TO CARVE INVESTIGATION OUT OF OIOS
RAISES CONCERN


C O N F I D E N T I A L USUN NEW YORK 000686

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/24/2017
TAGS: AORC
SUBJECT: UN PROPOSAL TO CARVE INVESTIGATION OUT OF OIOS
RAISES CONCERN



1. (C) SUMMARY: The Secretary-General has proposed to extract
investigative responsibility from the UN Office of Internal
Oversight (OIOS) and to create a new separate and independent
entity to conduct investigations. A select group of Member
States, including the U.S., with whom SYG Ban shared his
ideas welcomed but reacted cautiously to the proposal. In a
subsequent discussion with UN Office of Legal Affairs (OLA),
where USUN expressed support for the concept of strengthening
an independent investigations capacity within the
Organization, a number of issues related to the SYG's
proposal were identified. END SUMMARY.


2. (C) INFORMAL INTRODUCTION BY SYG OF PROPOSAL AT REFORM
BREAKFAST. UN Secretary-General Ban informally introduced a
proposal to extract investigations from OIOS at a "UN reform"
breakfast hosted by Japanese Ambassador Oshima on July 24.
Ambassador Khalilzad and a number of permanent
representatives from other countries, including those from
the G-77, were present. Ambassador Khalilzad expressed
support for the concept of an independent investigative
capacity as proposed by the SYG. However, he emphasized that
the key issue was how best to conduct investigations in an
effective and credible manner.


3. (C) Other delegations, similarly welcomed the concept
generally. Most participants stressed that the proposal had
to be considered in the context of existing capacities of the
Organization to conduct investigations and emphasized the
authority of the General Assembly over such decisions.


4. (C) USUN DISCUSSES SYG PROPOSAL WITH OLA U/SYG MICHEL.
Ambassador Wallace, accompanied by M/R Minister-Counselor
Rashkow and another M/R Officer, met July 26 with UN Office
of Legal Affairs (OLA) Under Secretary-General Nicolas
Michel, OLA A/SYG Larry Johnson, and OLA Special Assistant
Mark Quarterman. Drawing from what he termed "rough notes,"
Michel summarized the key elements for a strengthened
approach "to efficiently investigate possible wrongdoing
within the UN involving staff members and service providers."
Given the UN's recent "ad hoc" approach to investigations,
Michel opined that it was time to put in place a more
systematic approach to the conducting of internal
investigations within the Organization. Michel acknowledged
that certain delegations, as well as OIOS itself, might
resist such a proposal.


5. (C) Ambassador Wallace indicated that, in principle, the
U.S. fully supported a stronger, more robust internal
investigations capacity within the UN. He noted, however,
that the proposal contained a number of elements that
required careful consideration, including the establishment
of an advisory committee to oversee investigations and the
provision of more elements of a quasi-judicial nature that
might address greater due process for staff members and
mutual cooperation with Member State law enforcement
authorities. It was recognized that raising these issues
likely would result in a contentious debate among Member
States in the Fifth Committee.


6. (C) During the course of the discussion, the issue arose
of whether the proposal involved a risk to what already
exists in OIOS without any assurance that there will be
sufficient support for a stronger, more robust investigations
function. Amb. Wallace, however, suggested that simply
initiating discussion of the proposal could produce positive
results by prompting OIOS to strengthen its existing
investigations function.


7. (C) U/SYG Michel welcomed U.S. support for the concept
proposed by the SYG and the opportunity to discuss the
proposal. Michel said SYG Ban planned to continue seeking
additional reactions to his proposal. Michel urged that the
U.S. not appear to be too supportive of the idea at this
early stage since this might itself provoke resistance and
suspicions from certain other states.
KHALILZAD