Setondji Roland Jean-Baptiste ADJOVI
Assistant Professor, Arcadia University, 450 South Easton Road,
Glenside, PA 19038 (United States of America)

Professiona/
Te/ (Mobile)

TO:
CC:
FROM:

H.E. Mr Ban Ki-moon, United Nations Secretary-General
Office of Interna) Oversight Services
Assistant Secretary-General for Human Resources
Ethics Office
Setondji Roland Adjovi, Pro Bono Counsel for UN Staff reporting misconduct

DATE:

20 January 2016

SUBJECT:
REPORTING MISCONDUCT AGAINST MR. JOAN CLOS, THE EXEC�TIVEDIRECTOR OF UN-HABITAT

Dear Mr. Secretary-General,

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I represent a number of staff members of UN-Habitat who, in accordance with your
2005 bulletin (ST /SGB/2005/21), wish to perform their duty as staff members by
reporting the persistent misconduct by Mr. Joan Clos, Under-Secretary-General and
Executive-Director of UN-Habitat, in violation of the regulations and rules of the
Organization.
I am writing to you as the head of the United Nations Secretariat, the Chief Executive
of the Organization, who supervises Mr Joan Clos and under whose authority the
offices that are responsible for dealing with such issues fall, with a request to
investigate the misconduct as alleged herein and to take the necessary action as
appropriate.
This reporting is made in good faith but the staff members, based upon prior
experience with Mr. Clos, are concerned and have requested for protection against
retaliation as provided for in paragraph 1.1 of the same bulletin (ST/SGB/2005/21).
These individuals are also exercising their right under paragraph 4(b)(i) to seek my
services as pro bono counsel. It is our hope that you would be able to ensure them
the benefits of your interna) rules in the same regard with respect to investigating
the misconduct and according them the protection when the need arises.
It is my intention to also notify Member States of the staff members who were
present at the various meetings when the misconduct occurred because they could
be victims of retaliation and the protection of their country of citizenship would be
good to safeguard their rights and interests.

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Letter Reporting Mr. joan Clos to the United Nations Secretary-General, 20 January 2016

The allegations of misconduct against Mr. Clos include abusive behaviours, abuse of
authority, harassment and discrimination in Violation of ST/SGB/2008/5. Mr. Clos
has consistently engaged in these behaviours towards the staff members who tend
to be helpless and have remained quiet because of fear of reprisals.

The most recent of these behaviours occurred on 24 November 2015 during the UN-
Habitat senior managers retreat at the Lord Errol Restaurant in Nairobi.

Specifically, during a discussion on urbanization and planning, Mr. Clos, was very
disrespectful to the Japan International Cooperation Agency UICA] and Singapore. ln
his reaction to the work carried out by Japan, through IICA, and Singapore about
providing master plans and support document for cities, Mr. Clos stated that:

“JICA and Singapore are going around giving master plans to African Cities.
¡have been asked by some African Mayors to explain to them what these
japanese mean in their Master Plans. What [ICA is doing is bullshit. I repeat,
it's absolutely bullshit. If you do not believe in the UN-Habitat [sic Mr. Clos’
approach] approach to urban planning then go work for Singapore.“

Mr. Clos went onto say that:

“The typical UN staff member is too polite, too diplomatic. UN staff are only
good at writing pages after pages and compiling things."

In his attempt to explain the meaning of partnership within the context of United
Nations partners including donors and implementation partners, he questioned the
value ofthe English language, stating:

“The problem is with the English language. What is partnership? There is no
word for Partnership in Spanish. What is mainstreaming? English is full of
woolly ideas. We should try a system where every UN staff member is
compelled to speak Spanish for two days per week, French for two days and
so on.”

On 26 November 2015 as part of the Closing statements with respect to the same
retreat, Mr. Clos shocked the participants, when he told the attendance that UN staff
members were overpaid while they are doing nothing. He tried to explain the
uselessness of the UN staff by saying that in Spain people saw the UN as

“a good Whiteman looking for a poor ‘Negro' to help".

 

 

From: Adjovi, Sétondji Roland ].-B., Pro Bono Counsel for UN Staff Reporting Misconduct

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Letter Reporting Mr. joan Clos to the United Nations Secretary-General, 20 January 2016

He first said it in Spanish then translated it as above in English. He later claimed he
was drawing an analogy with the book by Gustau Nerlin, entitled Blanco Bueno,
Busca Negro Pobre. As if that is an excuse for violating the rights of staff members to
be treated with dignity and respect. This is a man who is widely known in the
Agency to be extremely uncomfortable with people of colour, especially those of
African descent. Most people would be prepared to state that he is a racist,
notwithstanding the fact that most of the staff of the Organization, regardless of their
identity, and Mr. Clos’s biased lenses, do get along very well. He seems determined to
poison that relationship. It is also evident in his recruitment practices and in
his preference for the face ofthe Organization. Mr. Clos’s desire for the future face of
the Organization is evident from his New Year greetings.

Mr. Clos went on to abuse the staff further by stating that:

“Some of you think because you have a PhD including from Harvard you think
you know everything. That is false! l can tell you from my experience of
working in Barcelona with some chaps who had PhDs. People with PhDs are
useless, completely useless. I have listened to these Harvard professors and
they know nothing, quote me!”

He Consistently referred to how the UN would have worked better if it operated like
the private sector and by consultants. He ís known to hire consultants for functions
where in house capacity already exists.

He also denigrated the sovereign State of Kenya by referring to the traffic challenges
of Nairobi as a phenomenon that came about:

 because here [sic Kenya] there are no serious people who can think..."

Mr. Clos’s behaviour, and this is not an isolated incident, is an unfair treatment and
an arbitrary distinction of a group based upon race, nationality, language and
academic status. This is in Violation of ST/SGB/ZOOB/S.

Mr. Clos went out of his way to use words to abuse, demean, intimidate, belittle and
humiliate the staff and also created a very hostile and offensive work environment in
Violation of ST/SGB/ZODS/S. All these amount to abuse ofauthority because Mr. Clos
is known to be a very vindictive individual who will retaliate in a manner to
negatively affect the career progression of staff members who disagree with him. We
are aware of at least one staff member who was denied his promotion to a senior
level because he openly disagreed with MrLClos on his values towards the Agency.
Article 101 of the Charter of the United Nations and the core values set out in staff
regulation 1.2(a) and staff rule 1.2 protect the right of staff members to be treated
with dignity respect and to work in an environment free from discrimination,
harassment and abuse; all of which are prohibited conduct under ST/SGB/ZOOB/S.

 

From: Adjovi, Sétondji Roland ].-B., Pro Bono Counsei for UN Staff Reporting Misconduct

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Letter Reporting Mr. joan Clos to the United Nations Secretary-General, 20 january 2016

Staff regulation 1.2[a) requires that staff members must exhibit respect for all
cultures and not to discriminate against any individual group or abuse the power
and authority vested in them. In addition, Staff Regulation 1.2[0 protects the
convictions and persona] views of staff members including those that are political
and religious, while it also requires that the staff members shall ensure that those
views and convictions do not adversely affect their official duties or the interest of
the organization.

Staff members are moreover required to act with tolerance, sensitivity and respect
for differences, which Mr. Clos has not done.

Pursuant to rule 1.2[f] of the Staff Regulations and Rules, any form of harassment,
including but not limited to abuse in any form in the workplace or in connection with
work is prohibited. Rule 1.2(g) prohibits staff members from threatening
intimidating or engaging in any conduct intended directly or indirectly to interfere
with the ability of Other staff members to discharge their official functions.

Pursuant to ST/SGB/ZOOZ/IB, "Tolerance and understanding are basic human
values. They are essential for international civil servants, who must respect al]
persons equally, without any distinction whatsoever. This respect fosters a climate
and a working environment sensitive to the needs of all. To achieve this in a
multicultural setting calls for a positive affirmation going well beyond positive
acceptance.” In addition, “freedom from discrimination is a basic human right.
International civil servants are expected to respect the dignity, worth and equality of
all people without any distinction whatsoever. Assumptions based upon stereotypes
must be assiduously avoided.”

Therefore, “harassment of any type or form is an affront on human dignity and
international civil servants must avoid. They should not engage in any form of
harassment and must be above any suspicion. International civil servants have a
right to an environment free of harassment."

All these legal provisions apply to Mr. Joan Clos and it is our submissions that he has
violated them through the derogatory statement reported herein.

It is a fact that the world is a myriad of different people, languages, cultures and
customs and traditions. It is self-evident that a genuine respect for them, all is
fundamental for an international civil servant. Any behaviour that is not acceptable
in a particular cultural context must be avoided.

Section 2 of ST/SGB/ZOOS/S requires the Organization to take appropriate
measures towards ensuring a harmonious work environment and to protect staff
from exposure to any form of prohibíted conduct. As a result, any form of prohibited
conduct in the work place or in connection with work in Violation of the above
mentioned values and principles should lead to disciplinary action.

Mr. Clos has violated his obligations under Section 3 of ST/SGB/ZOOB/S namely, to
ensure that he does not engage in a behaviour that would constitute a prohibited
conduct with respect to his supervisees and others performing duties for the United
Naüons

 

From: Adjovi, Sétondji Roland ].-B., Pro Bono Counsel for UN Staff Reporting Misconduct

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Letter Reporting Mr. joan Clos to the United Nations Secretary-General, 20 January 2016

26. As a manager, he has a duty to take steps to promote a harmonious work
environment, mutual respect free from intimidation, hostility offence and any form
of prohibited conduct, but he has failed to do this and instead has promoted this
conduct himself.

27. The fact remains that "innocent mistakes occur, but the accumulated insults and
indignations caused by racial presumptions are very destructiva in ways that are
hard to measure.”

28. Differences in people’s appearance and between countries have existed since time
immemorial but the notion that the United Nations will consider that these "factors
can correctly organize a society and that they signify deeper attributes” is very scary
and this is what Mr. Clos is portraying.

29. Mr. Clos is a former Mayor of Barcelona, a former Minister ofthe Kingdom of Spain
and a former Ambassador of the Kingdom of Spain to Turkey and a current Under-
Secretary-General of the United Nations and should know better, at least by
experience.

30. lt is our request to you that Mr. Clos be put on suspension in accordance'with the
relevant rules pending investigations to avoid any intimidation of staff members. If
the allegations reported are confirmed, appropriate disciplinary measures should be
taken against him including issuance of a public apology, be made to attend a racial
and multicultural sensitivity classes, establishment of a sensitivity committee within
UN-Habitat to address such issues and summary dismissal.

31. To facilitate your investigations, I have attached a list of staffmembers who attended
the various meetings and who should be interviewed in the process. One should not
mistakenly consider this list as the list of individuals that I am representing in this
reporting.

32. Mr. Ban, in an unsolicited information, my short visit to Nairobi exposed me to a
chilling revelation. l have never seen moral s0 low in any UN agency as seen among
the staff at UN Habitat, notwithstanding the dedication and hard work I saw in them.
I really do urge you to do something about it because it is inhumane.

33. l am grateful for your consideration of this letter and will be looking forward to
hearing from you.

34. Best regards.

Adiovi, Sétondji Roland

N.B. As per paragraph 4 above, a copy of this letter has been sent to the following 37 Members States:
Australia, Austria, Belgium, Bosnia Herzegovina, Brazil, Cameroon, Canada, China, Colombia, Denmark,
Ethiopia, France. Gabon, [The] Gambia, Germany, Ghana, Haiti, India, Italy, Japan, Jordan, Kenya, Latvia,
Malawi, Mexico, Nigeria, Norway, Peru, Philippines, Senegal, Spain, Sweden, Uganda, United Kingdom, United
Republic of Tanzania, United States of America and Zimbabwe.

 

From: Adjovi, Sétondji Roland ].-B., Pro Bono Counsel for UN Staff Reporting Misconduct 5/10

 

Letter Reporting Mr. joan Clos to the United Nations Secretary-General, 20 January 2016

Annex 1. List of participants to the meeting on 24 November 2015
Acioly, Claudio (Brazil)

Adebanjo, Modupe (Nigeria)

Arimah, Ben (Nigeria)

Aubrey, Dyfed (United Kingdom)
Badiane, Alioune (Sénégal)

Barcelo, lean-Yves (France)

Barugahare, Martin (Tanzania)

Bech, Susanne (Denmark)

. Bhattacharjee, Debashish (India)

10. Blanco, Sergio (Haiti)

11. Bonongwe, Justin (Malawi)

12. Contreras, Liliana (Colombia) .

13. Cox, Andrew (United Kingdom)

14. Djacta, Yamina (United States of America]
15. Dzikus, Andre (Germany)

16. Evans, David (United Kingdom)

17. Fukasawa, Yoshinobu (Japan)

18. Garcon, Jean-Philipe (France)

19. Jaidka, Amrita (india)

20. Kamiya, Marco (Peru)

21. Kanyinda, Alain (Austria)

22. Kebede, Gulelat (Ethiopia)

23. Kehew, Robert (United States of America)
24. Kessler, Rocio (Spain)

25. Kitio, Vicent (Cameroon)

26. Kossy, Pacome (Gabon)

27. Kulikaukas, Paulius (Latvia)

28. Lalande, ChristOphe (France)

29. Lettington-Lewis, Robert (United Kingdom)
30. Lewis, Dan (Canada)

31. Lopez, Diana (Spain)

32. Melin, Thomas (Sweden)

33. Mensah, Chris (United States of America]
34. Moreno, Eduardo (Mexico)

35. Mutizwa-Mangiza, Dorothy (Zimbabwe)
36. Mutizwa-Mangiza, N aison (Zimbabwe)
37. Mwai, Angela (Kenya)

38. Mwololo, Rosa (Kenya)

39. N'Dow, Saidou (The Gambia)

40. Nyakairu, Jane (Uganda)

41. Odera, Helen (Kenya)

42. Oguzhan, Channe (Norway)

PÜNP‘P‘PWPE“

kD

 

From: Adjovi, Sétondji Roland ].-B., Pro Bono Counsel for UN Staff Reporting Misconduct 6/10

 

Letter Reporting Mr. joan Clos to the United Nations Secretary-General, 20 January 2016

43. Otieno, Pireh (Kenya)

44. Oyebanji, Oyeyinka (Nigeria)
45. Pajtic, Haris (Bosnia Herzegovina)
46. PetrellaJ Laura (Italy)

47. Popuri, Srinívasa (Ghana)
48. Ragan, Douglas (Canada)

49. Rollo, Cris (Philippines)

50. Schaefer, Katja (Germany)
51. Shen, Iianguo (China)

52. Sietchiping, Remy (Australia)
53. Silla, Oumar (Sénégal)

54. Somers, Kerstin (Germany)
55. Tuts, Raf (Belgium)

56. Velasquez, Elkin [Colombia]

 

From: Adjovi, Sétondji Roland J.-B., Pro Bono Counsel for UN Staff Reporting Misconduct 7/10

 

Letter Reporting Mr. joan Clos to the United Nations Secretary-General, 20 January 2016

Annex 2. List of participants to the meeting on 26 November 2015
Acioly, Claudio [Brazil]

Adebanjo, Modupe [Nigeria]

Aubrey, Dyfed [United Kingdom]
Badíane, Alioune [Sénégal]

Barcelo, Jean-Yves [France]
Barugahare, Martin [Tanzania]

Bech, Susanne [Denmark]
Bhattacharjee, Debashish [India]

. Blanco, Sergio [Haïti]

10. Contreras, Liliana [Colombia]

11. Cox, Andrew [United Kingdom]

12. Djacta, Yamina [United States ofAmerica]
13. Dzíkus, Andre [Germany]

14. Evans, David [United Kingdom]

15. Fukasawa, Yoshinobu [Japan]

16. Garcon, lean-Philippe [France]

17. Jaidka, Amríta [India]

18. Kamiya, Marco [Peru]

19. Kanyinda, Alain [Austria]

20. Kebede, Gulelat [Ethiopia]

21. Kehew, Robert [United States ofAmerica]
22. Kessler, Rocio [Spain]

23. Kitio, Vicent [Cameroon]

24. Kossy, Pacome [Gabon]

25. Kulikaukas, Paulius [Latvia]

26. Lalande, Christophe [France]

27. Lettington-Lewis, Robert [United Kingdom]
28. Lopez, Diana [Spain]

29. Melin, Thomas [Sweden]

30. Mensah, Chris [Ghana]

31. Misra, Kumaresh [India]

32. Moreno, Eduardo [Mexico]

33. Mutizwa-Mangiza, Dorothy [Zimbabwe]
34. Mutizwa-Mangiza, N aison [Zimbabwe]
35. Mwai, Angela [Kenya]

36. Mwololo, Rosa [Kenya]

37. N’Dow, Saidou [The Gambia]

38. Nyakairu, Jane [Uganda]

39. Odera, Helen [Kenya]

40. Oguzhan, Channe [Norway]

41. Otieno, Pireh [Kenya]

42. Oyebanji, Oyeyinka [Nigeria]

PONP‘EJ‘PEÑÉ‘JL'“

k0

 

From: Adiovi, Sétondji Roland ].-B., Pro Bono Counsel for UN Staff Reporting Misconduct 8/10

Letter Reporting Mr. joan CIos to the United Nations Secretary-General, 20 January 2016

43. Pajtíc, Harís [Bosnia Herzegovina]
44. Petrella, Laura [Italy]

45. Popurí, Srinivasa (India)

46. Ragan, Douglas (Canada)

47. Robleh, Mohamed [Canadafl
48. Rollo, Cris (Philippines)

49. Sietchíping, Remy (Australia)
50. Silla, Oumar (Sénégal)

51. Tuts, Raf [Belgium]

52. Velasquez, Elkín (Colombia)
53. Zakí, Iman (Jordan)

 

From: Adjovi, Sétondji Roland ].-B., Pro Bono Counsel for UN Staff Reporting Mísconduct 9/ 10

 

 

Letter Reporting Mr. joan Clos to the United Nations Secretary-General, 20 January 2016

Annex 3. Greeting cards by Mr. Joan Clos for the New Year

 

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' J  «EORABjéïTER URBAN ¡mas

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We look forward to working with you ¡n 2016 to improve the quality of life of Citizens.

UN-Habitat sends you warm wishes for the Holiday Season and the New Year!

ju

Df. loan Clos
Under-Secretarythan and Execume Drrector
United Nam ns Huf'lafl Semana!!! Programme (LN mmm

 

“lb-1 " {ktnbes Il)s=gn amm-1mm. WINNiNG DESHBN Justicia Urb.1¡\a'-K'Jfahi.rr= Íockncwic ¡Chiki!

 

From: Adjovi, Sétondji Roland ].-B., Pro Bono Counsel for UN Staff Reporting Misconduct 1 0/10