Saturday, November 14, 2009

Were Galbraith's Oil Interests As Undisclosed at UN as at Opinion Pages He Wrote For?

By Matthew Russell Lee
www.innercitypress.com/uneth1galbraith111209.html

UNITED NATIONS, November 12, updated Nov. 13 -- Following reports that former UN Deputy Special Representative to Afghanistan Peter Galbraith's oil investments are worth up to $100 million, Inner City Press on November 12 asked UN Deputy Spokesperson Marie Okabe if Galbraith disclosed this interest in his financial disclosure form.

Ms. Okabe stated that such forms are filled out when a person joins the UN at the level Mr. Galbraith did, and are "vetted by a professional firm," namely PriceWaterhouseCoopers. But did Galbraith make the disclosure which it's now clear was required?

Ms. Okabe refused to answer, instead referring the question to UN Ethics Officer Robert Benson, who oversees the financial disclosure regime. Inner City Press asked Mr. Benson by both e-mail and telephone, early and late on the afternoon of November 12, but received no answer by the evening.

Update: on November 13, UN Ethics Officer Robert Benson wrote to Inner City Press that "The Ethics Office can confirm that although Mr. Galbraith is no longer with the United Nations, he was a participant in the United Nations Financial Disclosure program following his appointment; however, as provided for in GA Resolution A/RES/60/238, the information disclosed remains confidential."

Inner City Press is informed that Galbraith is now being barred from the op-ed pages of major American media based on his failure to accurate disclose his financial interests. The New York Times confirmed this on November 13. Galbraith is arguing that he didn't read the form, a strange argument for a diplomat who argued that the U.S. didn't have to comply with UN Security Council resolutions regarding the Balkans as long as they were under Chapter VI and not VII of the UN Charter.

Earlier, just after Galbraith was fired by Ban Ki-moon, Ban's deputy chief of peacekeeping Edmond Mulet told the Press that Galbraith had some ulterior motive which would soon become clear. On November 12, Inner City Press asked an involved UN official if Mulet had meant the oil investments, or that he might want to run for lieutenant government of Vermont. "The latter," the official said. Only at the UN.

From the November 12 transcript:

Inner City Press: ...about Peter Galbraith, former Deputy UNAMA representative and his interest in oil contracts in northern Iraq. I wanted to know when he became a Deputy Special Representative, did he fill out the financial disclosure forms, and I’d also like to know whether this investment was disclosed in those forms.

Deputy Spokesperson Marie Okabe: As you know, the financial disclosure forms are something that the Secretary-General has instituted, it’s part of his UN reform, and all staff, once they’ve joined the Organization as senior staff and those in positions that require financial disclosure, are required to fill that form out upon entry into the Organization. So it’s a requirement.

Inner City Press: [inaudible] It seems, this article would make it important to know whether this, they say the investment is worth up to $100 million, whether that was disclosed in the form and if it wasn’t, what were the reasons…?

Deputy Spokesperson Okabe: As you know, these forms are vetted by a professional firm and if they see fit that they need to follow up on any questions that they have, that is done. I think Robert Benson, when he was here last time, gave you a briefing on how that procedure works. And just because they are not made public, it does not mean that they have not been vetted, and the firm that goes through it does the vetting and if they have any questions, they do get back to the staff member and do the follow-up on that.

Inner City Press: [inaudible] is it possible to just, and I don’t expect you to do it right this moment, but to get a yes or no answer, whether that investment was disclosed in the forms. Is that going to be possible?

Deputy Spokesperson Okabe: You know, you can ask that to Robert Benson, but that’s his call.

But Benson has yet to return a call, nor an e-mail asking the above and the following questions, below.

Update of November 13, 2009 -- the following was received:

Subj: Re: Press questions,Galbraith, whisteblowers etc, thanks in advance
From: Robert Benson [at] un.org
To: Inner City Press
Sent: 11/13/2009 9:23:56 A.M. Eastern Standard Time

Dear Mr Lee:

Responses provided:

Hi. At today's noon press briefing, I asked if Peter Galbraith (until recently Deputy SRSG in Afghanistan) had filled out a UN financial disclosure form, and separately if he had disclosed the oil interests in Iraq reported in today's NY Times.

Marie Okabe referred me to you on both questions.

A1 -- "The Ethics Office can confirm that although Mr. Galbraith is no longer with the United Nations, he was a participant in the United Nations Financial Disclosure program following his appointment; however, as provided for in GA Resolution A/RES/60/238, the information disclosed remains confidential."

Q2 -- I have also been told that in a recent UN Dispute Tribunal hearing, about the UNDP - North Korea whistleblower case, that OLA said they would not "allow" you to testify in the case. Are you aware of this? What do you think of UNDP's failure to follow your recommendation?

A2 -- "Since this is a matter that is before the UN Dispute Tribunal, I prefer not to make any comment regarding the matter."

Q3 - How many whistleblowers deserving protection have you certified / found in the past two years? Based on how many applications / approaches?

A3 - "The detailed information regarding the number of requests for protection against retaliation received by the Ethics Office and their disposition can be found in the Office’s Annual Reports for the previous two (2) years; that is, paragraphs 59-66 of A/64/316 and paragraphs 47-53 of A/63/301."

Q4 - Finally, does your Office cover local staff of UN Peacekeeping Missions? There is a recent case of a former MONUC local staffer, alleging MONUC involvement in / knowledge of diversion of jet fuel among other things, who has told me he feels retaliated against. Would your Office have jurisdiction?

A4 - "Yes, our Office would cover a request for protection against retaliation by local staff member from a UN Peacekeeping Mission. May I suggest that you have the individual contact our Office, in that way we would be able to advise the him/her directly."

Q5 - How long more do you remain in Office?

A5- "My three (3) year appointment as the Director of the Ethics Office will end on 30 April 2010, following which I will retire. During my tenure as the United Nations first Director of Ethics, I have indicated on numerous occasions that I considered it important, particularly in relation to the independence of the Office, that I serve for a fixed term and that I leave at the conclusion of that term. The Secretary-General has been informed and has accepted my plans to retire."

While the answers, even the next day, are appreciated, one wonders in light of Q&A 2, above, who would want this job after the retirement announced in A5 takes place. Watch this site.

And see, www.innercitypress.com/uneth1galbraith111209.html