Fadeexo: Madaxa Waaxda Iskudubba ridka gargaarka : Aid Coordination Unit – Somaliya) Hiigsiga Cusub – The New Deal

Fadeexo: Madaxa (Waaxda Iskudubba ridka gargaarka : Aid Coordination Unit – Somaliya)
Hiigsiga Cusub – The New Deal

Madaxweyne Xasan Sheekh: Ceynte waxaa uu ka yimid jago UNka ah si uu ugu adeego waddanka.
Maya, Madaxweyne, waxaa lagu qabtay been. Waa la ceyriyey. Waa beenloow.

Waa heyadda ladoonayo in ay si dheelli tiran oo aan daah saarneyn u dhaqan geliso dhammaan deeqaha loo qoondeeyo Somaliya. Madaxa Heyadda – Axmed Ceynte, oo laga soo ceeyriyey UNka ayaa laga sugayaa in uu la yimaado hawl hufan oo ay kuwada qancaan dhammaan deegaamada Somaliya. Waa dhurwaa hilbo ku raro.
Axmed Ceynte waxaa lasoo taagay maxkamad UN leedahay, Oktoober 2013, asagoo lagu helay dambiga ah inuu sheegtay shahaadooyin been ah: Waxaa uu sheegtay inuu kasoo qalin jabiyey seddex Jaamacadood oo ku kula yaal Somaliya, Bakistaan, iyo England. Dhammaan jaamacadahaan waxaa uu sheegtay inuu ka qaatay (BA: Bachelor of Arts). Beenta intaa la eg. Mid kaliyaa kugu filan (BA).
Ka dib markey dabagal UNka ku sammeeyeen sheegashada Ceynte, waxaa soo ifbaxay in dhammaan shahaadooyinkan ay yihiin been abuur. Midda uu sheegtay inuu Somaliya ka qaatay yaa mar dambe la soo sheegay in ay wax ka jiraan.

Hoos ka akhri qeyb ka mid ah go’aanki UNka, oo Ceynte looga ceyrshay shaqada (English)
While ST/AI/371 provides for a preliminary investigation to be undertaken, it does not require a separate “official” investigation to be made. In Mr. Ainte’s case, a preliminary investigation had resulted in indisputable information that he acted improperly. He confessed that his PHP contained false qualifications, and has never retracted his confession or otherwise proven that he does, actually, hold the degrees in question. The Appeals Tribunal recognizes that there are cases in which allegations of misconduct would require further investigations. However, in the present case, where the material facts were not in dispute, no additional investigation was required to establish the misconduct.3 24. Consequently, we find that the UNDT erred in law in finding that the investigative and disciplinary process had not been properly conducted and that Mr. Ainte’s due process rights had been violated by the absence of an “official investigation”. Mr. Ainte has not demonstrated that the Secretary-General has failed in any other way to observe his due process rights as afforded by ST/AI/371. We further find that the Secretary-General was correct in deciding that the established facts amounted to misconduct.

25. Mr. Ainte requests that, in the event the Appeals Tribunal finds in favour of the Secretary-General, it remands his case to the Dispute Tribunal for consideration of the issues of double jeopardy and proportionality, which were not addressed in the UNDT Judgment. We consider that it is not necessary to remand the case since the facts are not disputed and these are legal issues which can be appropriately dealt with by this Tribunal. 3 See, generally, Nasrallah v. Secretary-General of the United Nations, Judgment No. 2013-UNAT-310. THE UNITED NATIONS APPEALS TRIBUNAL Judgment No. 2013-UNAT-388 9 of 11
26. Mr. Ainte argues that he was unaware of the consequences of his confession regarding his PHP and that, in any event, the inaccurate information therein was the result of an assistant misunderstanding his educational history. Neither argument is sustainable.

27. The HRO/FPD was not under an obligation to inform Mr. Ainte that errors, deliberate or otherwise, on his PHP could result in disciplinary proceedings because not only should that be self evident, in particular to a senior official, but in certifying his PHP, Mr. Ainte took responsibility for the veracity of its content and certified that it was true and correct, and that he was aware any misrepresentation or material omission could result in disciplinary action. As such, he cannot now argue that he was unaware of the gravity with which the United Nations treats false applications.

28. With respect to the content of the form, Mr. Ainte could – and, indeed, should – have completed the form himself or, at the very least, checked it carefully. It was his responsibility to ensure that his candidacy was premised upon accurate qualifications and experience. The Organization is under no obligation to prove mens rea, as he alleges, and his submissions concerning the misunderstanding between himself and his assistant regarding the British and Pakistani degree courses, either never completed or even commenced, stretches the credulity of the Appeals Tribunal. It is difficult to believe that details of non-existent degrees, together with the names of the universities concerned and the attendance dates, could have been entered into his PHP by mistake. Or that his assistant would have filled out his PHP without informing him and that he would blindly have accepted what had been done without checking. Or that although he had on occasion updated his employment history on the PHP, he had never at the same time thought to check the accuracy of his educational qualifications.
29. Accordingly, we reject Mr. Ainte’s claim that his termination was disproportionate. The Secretary-General has the discretion to determine the appropriate level of sanction to be imposed and we do not find termination of a senior official for the very serious misconduct of submitting a false document to be absurd, unlawful or otherwise disproportionate. As such, we will not interfere with the legal exercise of that discretion.

Qormadaan waxaa Puntlandobserver soo gaarsiiyay cusmaancumar@gmail.com, haddii uu qabo fikirkaas fikir ka duwan Axmed Ceynte waa balllan in aan u daabacno ha noo soo diro