In a UNAT judgment issued last week, the Tribunal appallingly held that sexual harassment offenders are entitled to be treated with dignity and respect, just like victims and survivors.
A P-3 staff member of the United Nations Office on Drugs and Crime (UNODC) reported sexual harassment by both her first reporting officer (FRO) and her second reporting officer (SRO). The staff member was placed on certified sick leave for two months. Following her return from sick leave, she filed a complaint with OIOS against both of her supervisors and requested to be reassigned to avoid any further interaction and unnecessary contact with her harassers.
After a significant delay, OIOS found the FRO and SRO guilty of sexual harassment, and disciplinary measures were imposed on the FRO and SRO.
Instead of protecting the staff member, UNODC allowed her former SRO to act as an additional supervisor in her performance evaluation report. The staff member’s mental well-being continued to deteriorate due to her regular meeting with one of the offenders due to them working for the same Organization.
The victim thus requested the Administration to provide her with the specific actions taken concerning the FRO and SRO to understand whether the disciplinary actions taken were proportionate to the committed misconduct and whether her rights have been sufficiently protected by the UNODC Administration, including the risk of repeated harm from the perpetrators.
Evidently, the Administration denied her requests.
In her submission to UNAT, the staff member appealed the breach of duty of care by the UNODC towards her, the undue delays in both the investigation and the subsequent disciplinary proceedings against her supervisors, which violated her right as a staff member to be treated with dignity and respect, and to work in an environment free from harassment and abuse to take appropriate action.
The UNODC responded by requesting the Tribunal to dismiss the appeal on the grounds of receivability since the staff member did not submit a request for management evaluation, and the appeal was considered not receivable ratione materiae. Consequently, UNAT decided that the majority of her appeal was not receivable.
The remaining issue was the staff member’s right to be provided with specific information and details about the disciplinary measures imposed on the FRO and SRO. The staff member based herself on Section 5.18(c) of ST/SGB/2008/5, which states, ” The Assistant Secretary-General for Human Resources Management will also inform the aggrieved individual of the outcome of the investigation and the action taken. “
In a bizarre and skewed approach, the UNAT interpreted the preamble of ST/SGB/2008/5, which excerpt read that “all staff members of the Secretariat are treated with dignity and respect,” as intended to protect the sexual harassers’ dignity and privacy.
The Tribunal found that “by requiring the Administration to inform the aggrieved individuals of the action taken with no further details, sec. 5.18(c) of ST/SGB/2008/5 seeks to strike a balance between the right of an aggrieved individual, the privacy of the subject staff member, and the confidentiality of the process. “
UNAT steered clear from giving an objective interpretation of Section 5.18(c) of ST/SGB/2008/5 (‘to inform the aggrieved individual of the outcome of the investigation and the action taken), most probably to avoid bad blood with the Assistant Secretary-General for Human Resources Management.
Strangely, the Judgment goes on to contradict its earlier interpretation by stating:
“It is incidentally lamentable that such unacceptable behaviour as sexual, or any sort of, harassment may still exist in high profile organisations such as UNODC, which is designed to combat drugs and crime, particularly in hierarchical relationships where respect and example should prevail over abuse and harassment. The principle of accountability must be severely reinforced where and when there is a breach of staff and management duties and obligations in this regard. “
UNAT further considered that, harm to the staff member’s mental well-being by the fact that she still meets her offender regularly and has been a witness in an application filed by this person before the UNDT cannot be seen as a direct effect of the contested administrative decision, but rather an indirect consequence of it, therefore not challengeable under the internal justice system.
How can UNAT preach the reinforcement of the principle of accountability in the same judgment that reinforces the principle of protecting the dignity and respect of sexual offenders?
