[A2k] IP-Watch: Battle Rages Over WIPO DG As Staff Dissents, Africa Cries Racism

[William New]

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Intellectual Property Watch



17 October 2007

Battle Rages Over WIPO DG As Staff Dissents, Africa Cries Racism



By William New

Hundreds of employees at the World Intellectual Property Organization, a
prominent United Nations agency, have signed a petition calling on WIPO
Director General Kamil Idris to put the organisation=92s interests before h=
is
own in addressing allegations that he misrepresented his age on official
documents and possibly engaged in other untoward activities. Idris is under
pressure to step down by countries that see him as having lost the ability
to lead the organisation.



Meanwhile, the African Group of nations at WIPO raised the stakes in the
debate with a press communiqu=E9 calling the attempt mainly by developed
countries to get Idris to resign a racist and xenophobic attack.



WIPO Staff Appeal on Idris (in French and English) available to IPW
subscribers.



African Group Communiqu=E9 on Idris available to IPW subscribers.



Not a subscriber? Please click here.



An acrid debate has been playing out on the front-page Intellectual Propert=
y
Watch comment section, www.ip-watch.org <http://www.ip-watch.org/> , over
the past two weeks. Many comments have focused on a series of letters
published in the Inside Views section, including an open letter calling on
Idris to resign from a diverse group of WIPO employees calling itself
=93Cincinnatus.=94 [This refers to a Roman farmer who was chosen as dictato=
r
from humble circumstances and within weeks led the Roman army to victory
before returning to the field, according to sources.]



A number of comments support Idris but there are a variety of others as
well. Nigerian patent agent Edwin Nnametu said =93the recent spotlight on W=
IPO
which has put her on the lower rung of the scale=94 and called for restrain=
t.
Philip Gough wrote, =93The question is not any more about Kamil Idris=92 fu=
ture
but about the future of the organisation,=94 and raised questions about the
possible hiring of family members of ambassadors or other officials who hav=
e
then been supportive to Idris, a common allegation. The WIPO staff list,
recently obtained by Intellectual Property Watch, shows that there may be
some truth to this. Another commenter criticised the press release from the
September-October General Assemblies, which ended inconclusively for
apparently the first time in WIPO history. The release was not issued until
five days after the event, and made no mention of the issue that dominated
the entire meeting: the effort to investigate and remove Idris and his team=
.



Several comments were so caustic or unverified they were not published on
the IP-Watch website. One commenter recounted specific questions that are,
according to sources, persistently raised in the WIPO corridors about the
nature of the director general=92s connection to his special adviser Khamis
Suedi who quietly stepped down in 2005 while under investigation by the
Swiss authorities for possible links to the UN oil-for-food scandal, whethe=
r
a security guard was suddenly given an unusually high promotion while he wa=
s
suing WIPO, whether a WIPO staffperson oversaw Idris=92 personal swimming p=
ool
construction during work hours, and whether some money is missing from WIPO=
.
None of these persistent questions has been proven despite some
investigation and WIPO has criticised those who perpetuate them. Another se=
t
of comments alleged criminality, which has not been found.



Rising Tide of Dissatisfaction



More than 230 employees (of various contract types) in the past week signed
an appeal stating: =93Considering the unrelenting controversy surrounding y=
our
stewardship of the organisation, the loss of trust among a broad segment of
the member states in your leadership of the organisation as displayed at
this year=92s Assemblies, the damage which the above causes to the future
well-being of the organisation, we call upon you not to place your own
personal interests above those of the organisation and its staff.=94



An accompanying note to the appeal explained that employees were offered th=
e
opportunity to sign the appeal without the involvement of the WIPO Staff
Association and within three days more than 230 had signed. The list of
signers was not circulated but was verified by a Geneva notary who has
possession of the original signature pages. These pages may be viewed only
by the director general, president of the staff association, ombudsman,
internal auditor and legal counsel, all of whom, plus some others, have
received the note.



Efforts continue to get more signatures without disruption to the work of
the secretariat, the note said, and the Staff Association is asked to help
ensure this, as is the administration. =93The administration is kindly
requested not to interfere with the right of the organisation=92s employees=
 to
express their views in a dignified and respectful manner,=94 it said.



An independent report by consulting firm PriceWaterhouseCoopers issued in
June found a prevailing attitude among WIPO employees is a =93lack of pride=
=94
in the organisation and an acceptance of needed change to the organisationa=
l
culture (IPW, WIPO, 10 July 2007). According to that report, which found
management problems, there were approximately 1,600 full-time and short-ter=
m
employees at WIPO in 2006.



Africa Takes a Stand



Idris originally came from Sudan. The African Group communiqu=E9 said it
=93condemns in the strongest terms possible the dimension the campaign of
calumny and intimidation against the Director-General of WIPO, Dr. Kamil
Idris, has now taken.=94 The group added its call =93for an immediate and
unconditional end to this insidious campaign against the Director-General
and his region of origin.=94



The communiqu=E9, dated 11 October and reportedly circulated to member
governments and bearing no signature, referenced a cartoon it said had been
circulated in Geneva that depicts Idris in a racist way. According to the
communiqu=E9, the cartoon showed Idris against a background of a Swiss flag=
 as
a black sheep being kicked out of a group of white sheep. This is a
reflection of the highly charged political poster used by the far-right
Swiss People=92s Party of Christoph Blocher, the Swiss justice minister, wh=
o
campaigns on an anti-immigration platform. Blocher=92s poster has contribut=
ed
to uncommon riots and other violence in the lead-up to the 21 October
general election in the country.



=93The ultimate message of this cartoon which should be condemned and
repudiated by all, as it was with the afore-mentioned campaign poster, is
that there can be security in WIPO and Switzerland only when black people
are kicked out, since the white sheep kicking Dr. Idris out bears the WIPO
logo,=94 the communiqu=E9 said.



Idris, who has been DG since 1998, has been mentioned for several years in
connection with financial and personnel management problems at WIPO, which
ran a deficit three years ago despite being among the top-earning UN
institutions in a boom time for intellectual property rights. But no
wrongdoing on his part or any of his top advisers has ever been proven, a
point his defenders emphasise.



But one issue that seems to have stuck with member states and the public is
a confidential 2006 internal auditor=92s report that WIPO has sought to
suppress. That report, which WIPO demanded be removed from the Intellectual
Property Watch website earlier this year, details a systematic effort by
Idris to misstate his birth date since it was first entered incorrectly as
1945 instead of 1954 before his hiring at WIPO in the early 1980s. The
incorrectly recorded birth date put Idris at the same age as two more senio=
r
competitors for the position that he subsequently obtained. Idris moved to
fix the age in 2006, and his office downplayed it as the correction of a
technical error.



The African Group defended Idris=92 record at WIPO, stating it =93wishes it=
 to
be noted that WIPO is not only the most audited and supervised organisation
in the UN system, but also one of the most successful. It is the only
organisation that enjoys surplus in its financial and budgetary management,
and registers substantial income annually.=94 In the 2006-2007 biennium,
WIPO=92s surplus ran into the tens of millions of Swiss francs despite
spending over its budget.



The African statement also suggests that the majority of WIPO member states
supported Idris at the recent WIPO General Assemblies that collapsed when
developed countries held up agreement over the Idris matter. But during the
assembly, several participants said many member states who did not outright
call for his resignation indicated support for a fair process, but did not
take a position on the Idris allegations.



The African statement also said Idris oversaw WIPO=92s growth from a legal =
and
technical body to a =93globally development-oriented structure.=94 But duri=
ng
the negotiation for a WIPO Development Agenda since 2004, officials
repeatedly said the WIPO secretariat was unsupportive to the effort. In
fact, Idris and his cabinet were frequently criticised as being too far
under the influence of the developed countries, which by virtue of owning
most of the world=92s intellectual property rights pay most of WIPO=92s bud=
get.



Many developing country officials have questioned why the United States,
Switzerland and other developed countries now are pushing so hard on the
Idris=92 removal. The sceptics question whether it is related to this year=
=92s
adoption of a Development Agenda, the failure to move harmonisation of
national patent regimes (a developed country private-sector favourite), or
the desire to restore a developed country official at the top of the
organisation.



US and other developed country officials repeatedly deny all of these
suggestions, and insist it is because they were concerned that he may have
been involved in wrongdoing and now feel he has lost the ability to govern
the organisation.



Perhaps the reader comments on Intellectual Property Watch capture the
spirit within the organisation best. As one commenter put it:



=93A great number of WIPO colleagues express today the wish that their
organisation would become again as it was before: A place of creativity,
enthusiasm for the work, respect and honesty. A new chapter has now to
begin, for the benefit of our professional partners, the satisfaction of ou=
r
member states, the serenity of our host-country, and above all, for the
wellbeing and the security of each and every co-worker. A strong decision i=
s
requested now. It is not necessary to make a single person endorse all the
mistakes made during the past ten years. There has also been a great deal o=
f
positive action. Our organisation has grown, and not only in numbers. The
staff of this organisation asks that it may be fully entrusted again,
expressed by the director general himself.=94



William New may be reached at wnew@ip-watch.ch.



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3 Comments =BB



   1.



      I do not share the very aggressive approach used by certain
delegations during the discussion of the infamous agenda item 12, which non=
e
of the WIPO program managers has dared to explain in the recent briefing
sessions to the staff. I also disagree with the way in which the Idris age
affair has been handled from the very beginning by the JIU, certain member
states from the North, and why not say it, from the South. But the worst ha=
s
finally arrived. Now we are hearing all sorts of accusations about racism
and xenophobia. This is the logical sequel after the regrettable outcome of
the WIPO assemblies and the subsequent circulation of a racist poster in
WIPO premises. But let us not fool ourselves. It will be another attempt at
diverting attention from the main issue at the root of the current
institutional crisis: the violation of WIPO staff rules and regulations by
its Director General. Allegations of racism and xenophobia cannot be used t=
o
justify evident wrongdoing. I guess Paul Wolfowitz could have claimed that
he was being the victim of anti-Semitism when he came under attack at the
World Bank. Mr. Idris has admitted to having misrepresented his age for 24
years when he decided to change his birth date in 2006. Mr. Idris was first
elected Director General in 1997. If he was actually born in 1954 as he now
claims, then Mr. Idris assumed this high post at the age of 43, thus making
him one of the youngest Director Generals of any UN agency in history. But
the member states, some of which are now staunchly backing Mr. Idris,
believed then that they had elected a 52 year old man to that position sinc=
e
he was supposedly born in 1945. It thus follows that Mr. Idris deceived the
WIPO staff and the member states that elected him. It is difficult to work
in a place in which the staff rules and regulations are violated precisely
by the very same person who is called upon to enforce them. The North shoul=
d
be ashamed for having been so reckless in presenting the Idris age case. Bu=
t
the South should feel embarrassed for defending someone who has deceived
them and openly violated staff rules and regulations. Sooner or later truth
will prevail. Due process, whether it takes 2 months or two years, will not
exonerate Mr. Idris. And both the member states from the North and the Sout=
h
alike will have a lot of apologizing to do to themselves and to all those
who, like me and many other employees, still believe that WIPO can make a
difference for the North and the South.

      Vox Populis



      Comment by Vox Populis () =97 17 October 2007 @ 9:59 pm

   2.



      In a storm any port



      The contemptible smear campaign that is the subject of the statement
purportedly by the African Group must be condemned. At least, its scope
appears to be limited. The offending cartoon seems to have circulated withi=
n
WIPO only. Most staff members only learned of its existence through an
e-mail message the WIPO administration sent. No one knows how it reached th=
e
African Group.



      The existence of a smear campaign, even of limited scope is
deplorable, and should not be seized upon by anyone to fan the flames of
racism. To make hay from this inexcusable incident, to use it to mobilize
support for the embattled Director General is indecent. Everyone remotely
interested in WIPO is aware of the evidence suggesting the Director General
fiddled with his birth date. Pretending there is no such evidence or that i=
t
can not be considered for formalistic reasons has the effect of lending
credence to these charges. As long as they are not answered, a cloud of
suspicion will continue to surround Idris. Indeed, it continues to grow as =
a
result of Idris=92 own effort to disparage his accusers. The so-called Brie=
f
Note he issued in the lead up to the Assemblies has refreshed everyone=92s
recollection of the other misdeeds he was allegedly involved in in recent
years.



      By taking cover behind legalistic arguments, rather than answering th=
e
charges against him, and by orchestrating a campaign to disparage his
accusers Idris has ended up forfeiting the level of support he used to
enjoy, particularly but not only among the members of Group B. Without this
he can not effectively govern the organization. This is the situation he
must address. No one thinks that at this stage he can turn the situation
around and regain the support and confidence of the member states whose
support he lost as a result of his stonewalling. Those who are charging
these same member states with racism are not doing Idris=92 cause any favou=
r.
Surely, they do not wish to suggest that because of his race he should not
be held to account.



      In this stormy sea, the charge of racism will provide no shelter.
Innocent or guilty, the only way out is for Idris to leave the organization=
.
His friends would render him a better service, if they helped him see this.
No one is served by encouraging him to battle on.



      Comment by Philip Gough () =97 18 October 2007 @ 12:03 am

   3.



      We stand here in the presence of a serious dilemma.



      To the one end, the need to see past wrong doing to be redeemed, in
order to start working on neat premises, for the future. But, some entities
(Member states or/and individuals) may attempt to use this critical
situation for more political (hidden) purposes. Let=92s not be na=EFve abou=
t
this.



      On the other end, we clearly see an attempt to hide away the past (in
a childish attitude of wishing that all this wrong doing would never have
happened), using arguments such as racism or personal aggression against th=
e
individual Kamil Idris. Let=92s not walk on that path, either.



      Wipo Staff, notwithstanding all this agitation around the latest
General Assemblies are ready and willing to work in a renewed spirit.

      Knowing too well (from the inside) in how far senior management has
misused the Organization=92s resources during all these years, many staff h=
ave
indeed lost faith in their senior supervisors.



      Confidence must now be regained fast, and our professional environmen=
t
cleansed.

      This is our main concern. Our staff needs a strong, honest and
respectful management for the future. Wipo needs to be headed by people who
proudly stand up for their ideas, but also who have the courage to openly
admit flaws, when appropriate.

      Is our staff really undeserving of such straightforwardness?



      Wipo staff now demands that it be addressed, bravely, openly and
frankly, by its Director General, so that the few left open questions may
find a true and appropriate answer.



      Without such a prompt and courageous move, uncertainty will remain
even more present, leading to manifold disproportionate and emotional
reactions, themselves conducting to severe losses for the credibility of
this Organization, for the staff and for our external partners.



      Comment by Enki () =97 18 October 2007 @ 12:24 pm



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