TROISIEME CONFERENCE SUR “LA PROTECTION DE L’OPTIMISATION DES FONDS PUBLICS: COOPERATION ENTRE LES AUTORITES NATIONALES ET INTERNATIONALES” 9 au 12 mars 2009 Kampala, Uganda Francis Dubois Conseiller Principal Bureau d’Audit et d’Investigations Programme des Nations Unies et du Development

Importance The EU works with all UN bodies, agencies and programmes across virtually the entire range of UN activities, from development policy and peacebuilding, to humanitarian assistance, environment, human rights and culture, throughout the world. EU Member States together are the largest financial contributor to the UN system. The EU pays 38% of the UN's regular budget, more than two-fifths of UN peacekeeping operations and about one-half of all UN Member States' contributions to UN funds and programmes. The EU maintains its generous share of UN funding as a sign of support for the UN system.

The UN is changing: “Delivering As One”: The 2005 World Summit asked the UN to examine who it can best exercise its comparative advantages with international partners, and other regional actors, donors, civil society and the private sector. In November 2006, the UN watershed report ‘Delivering as One’ was released. This report calls for bold reforms to improve the UN’s effectiveness in delivering its mandate and responding to growing challenges. More frequently the UN family will be undertaking its work in an integrated, cooperative approach with other international and national authorities.

New system of internal justice in the UN As of 1 July 2009, there will be a new system of administration of justice, which will cover the United Nations Secretariat and the separately administer Funds and Programmes. Professional judges appointed by the General Assembly will serve on the UN Dispute Tribunal and the UN Appeals Tribunal. An independent Office of Administration of Justice will be established to administer the new system.

Methods of cooperation There are already many mechanisms that provide for cooperation between National and International Agencies and the United Nations. The Financial and Administrative Framework Agreement of April 2003 between the EC and the UN preamble states: “Both parties will endeavour to strengthen their mutual contacts with a view to improving the exchange of information on programming and content throughout the cycle of their operations”.

Real Cooperation To be successful, cooperation must be real and effective: -Sharing and referring information; between UN and other oversight bodies -Mutual assistance with enquiries; -Joint collaboration where the is a common concern; -Parallel investigations, especially where the activities involve cross-jurisdictional activity.

Types of cooperation: With few limitations, UN agencies can usually -Make their staff available for interview; -Provide supporting documents and reports requested; and - Provide accounting and other financial records to both national and international investigative agencies, (following an appropriate request to Office of Legal Affairs, UN for this information).

Challenges –UN Privileges and Immunities –Due Process accorded to UN personnel –Privacy / confidentiality –Resources –Territorial and subject matter jurisdiction

No challenge is insurmountable -Agreements on the sharing of information, while protecting privacy and confidentiality -Conformity between agencies on what types of issues must be investigated -Consistency in investigation standards and approach is being instituted. -Improved communications between agencies in order to eliminate disfunctionality within the system

Example of cooperation The parallel investigations conducted by OLAF, UNOIOS and UNDP in Angola are an example of the degree of cooperation that can be achieved.

Reasons for success Why were these joint investigations successful? -Genuine commitment from all parties to work together; -Concomitant investigations conducted by three agencies; -Practical solutions on how to share information, while respecting privacy obligations; and -Investigators respected other agencies’ work and respective areas of knowledge and expertise.

The outlook As the UN, its funds and programmes adopt an increasingly integrated approach with international and national authorities, increased coordination and cooperation in oversight is essential.

THANK YOU, MERCI, ASANTE SANA