REGARDING AGENDA ITEM 12,
WIPO Internal Audit Reports Issued Since the Last General Assembly
(aka IAOD/INV/2006/2)

Statement by Ambassador Warren W. Tichenor
Permanent Representative of the United States of America
to the United Nations and International Organizations

Geneva,
October 1, 2007

· Thank you Mr. Chairman. Thank you too for your faithful report on the results of the Friends of the Chair Group's discussion. You promised to faithfully report the results and we thank you for having done so.

· Please forgive me but as I don't have the talent for confusion, distortion and double-speak so prevalent these days, I'll speak very plainly and very clearly.

· One week into this WIPO General Assembly we're still at a stalemate on Agenda Item 12, the Internal Auditor's report, which concerns something so absolutely fundamental as the judgment, integrity and character of the Director General of WIPO. The Friends of the Chair group has spent a week and cannot even decide if the internal auditor’s report is a valid one, if it should be reviewed – (many of the Friends of the Chair have represented that they have not availed themselves of the opportunity to read the report – even though it has been available for 11 months now) – much less what the serious concerns and conclusions in the report mean for the future of the Director General and for WIPO.

· The United States is committed to a strong and vibrant WIPO. The vital work ahead for this important organization demands of its top leadership a Director General who is above reproach and not surrounded with serious allegations and evidence which seriously question his character, integrity and judgment.

· Let me simply say to all of the Member States of WIPO, the Director General and the people who work at WIPO: there is evidence in the Internal Auditors report which is clear and incontrovertible that the Director General's conduct constituted a violation of WIPO Staff Rules & Regulations; that these acts cannot be considered a mere administrative error; that without the use of an incorrect birth date the Director General's career path would not have been the same; and this repeated series of errors in judgment rise to the level of violations of WIPO's Staff Rules and Regulations.

· While we're asking questions, we ask a simple question: Does the Director General deny that the repeated series of errors in judgment have cast a serious pall on his leadership – both within and outside of the organization – and that these errors in judgment constitute a violation of WIPO Staff Rules & Regulations? Yes or No? We ask for a yes or no answer.

· Mr. Chairman, the concept of integrity is enshrined in the Charter of the United Nations. The Standards of Conduct for the International Civil Service state that this concept embraces all aspects of the behavior of an international civil servant, including such qualities as honesty, truthfulness, impartiality and incorruptibility. The Standards of Conduct emphasize that these qualities are as basic as those of competence and efficiency.

· The highest official of any agency in the United Nations system must therefore be above reproach and of the highest integrity.

· The report that is the subject of this discussion, WIPO Internal Audit Report IAOD/INV/2006/2, has been available, in accordance with the WIPO Audit Charter, to all member states since it was issued in November 2006, 11 months ago.

· The report concludes that Director General made false statements on his original application for employment at WIPO and in official submissions thereafter and in so doing appears to violated both this organization's Staff Rules and Regulations and the principles I have just cited – those which govern the conduct of international civil servants.

· The report reveals that during the period 1982 to 2006, Director General used at least two different birth dates, one for employment purposes at WIPO and the other for personal purposes.

· The report also concludes that Director General knew since filing his original application for employment with WIPO in 1982 that the birth date reflected on this document was incorrect.

· The report states that notwithstanding Director General's admission that he was aware of the inconsistencies, and despite the numerous opportunities that presented themselves to rectify this error, he failed to rectify the discrepancies.

· As the Internal Auditor's report explains, these actions appear to violate WIPO Staff Regulations and the standards of conduct for UN Civil Servants and led Director General to receive positions and benefits to which he would not otherwise have been eligible. Moreover, his newly-asserted age seems likely to provide additional financial benefits.

· The credibility of an international organization like WIPO depends on its honest and ethical administration. All staff members, but especially those who lead the organization, must be held to the highest standards of ethical behavior.

· The Director General, like any other civil servant, must be held accountable for his conduct.

· To that end, the United States calls for an urgent convocation of WIPO's Coordination Committee to review, evaluate and take appropriate action on this report and demonstrate to the United Nations community that WIPO as an organization is committed to implementing the ideals enshrined in the United Nations Charter.

· We as Member States have the high moral obligation and owe it the nations we represent, and to the United Nations Charter we have pledged to uphold, to fulfill our duty to exercise leadership and oversight of this organization without fear or favor.

· Failure to so – that is, failing to address serious alleged misconduct on the part of the highest official of this agency – would call into question the integrity and very future of this organization.

· To the Director General we say: clearly and convincingly answer the allegations against you in open forum in this General Assembly before Member States, or heed those calling for new leadership at WIPO.

· We strongly urge our fellow Member States to take action, now.

· Thank you Mr. Chairman