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June 15, 2008 at 16:06:04

Coalitions Support HIV World Bank Whistleblower

by James Murtagh     Page 1 of 1 page(s)

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 (Washington, D.C.) - The World Bank announced this month that it will significantly reform standards, and that it will further investigate disclosures involving the distribution of defective HIV/AIDS test kits, mass purchased as part of a health care project in India. Dr. Kunal Saha first informed the Bank's Department of Institutional Integrity (INT) that HIV kits distributed by the World back were defective. 

Dr. Saha explained the World Bank corruption in a session of the International Association of Whistleblowers (IAW) May 16, 2008. He had gathered evidence that defective kits were purchased with World Bank funds and supplied by the Indian government to hospitals and blood banks across the country. The kits, distributed by Monozyme, Ltd., gave 'false negative' results: HIV-contaminated blood was not reliably detected by these kits and could therefore be accepted for use in transfusions. 

The National AIDS Control Organization of India (NACO), which works with the Bank, stated to the Indian press: 

“The documents cited by Dr. Saha have been reviewed by Dr. Robert Martin, associate Director, Coordinating Centre for Health and Information Services, Centres for Disease Control and Prevention, USA who is also of the view that there is no evidence of use of poor quality HIV test kits in India and his allegations have no basis.”

This story did not hold up, and the World bank had to reverse itself: 

“Dr. Saha's report should have raised red flags about a potential public health emergency in India,” said Bea Edwards, International Program Director at The Government Accountability Project (GAP). “Rather than acting immediately to arrest the potential spread of HIV through the World Bank project, however, the Bank instead sought to use the CDC to conceal the fraud.”

Despite the public release of the INT report in January, the World Bank's Kostermans told the Washington Post just last week that the HIV test kits were not faulty. At the same time the Bank issued a statement saying: “We take these indicators of fraud and corruption extremely seriously. Working with the Indian authorities, we will take action against those found responsible…” The Bank and the Indian Government, which for the past year have strenuously fought to conceal the fraud and the public health danger from the press, patients and the public, are now supervising the investigation into the corruption they tried to conceal and are assuming responsibility for disciplining those who are culpable.

“This pledge is not credible” said Edwards. “The Bank always seems to take corruption 'extremely seriously' when one of its projects is challenged. Unfortunately, it does not follow through and take action.”

Edwards attacked the Bank-CDC relationship: “Now that all the information is in and we can see the whole picture, it appears that the World Bank used the CDC in a health project cover-up. How is it possible that the World Bank can so easily manipulate a flagship public health agency of the U.S. government to smear a medical expert and suppress news of a public health emergency?”

“The need for accurate testing for HIV is critical, especially today,” stated health activist Dr. James Murtagh. “There are even pseudo-scientists attempting to convince the public that HIV does not cause AIDs! To release defective HIV kits only plays into the denial, and causes public health to lose credibility in the eyes of the public. We need true integrity, especially at the World Bank. That is why what Dr. Saha has done is so important, and deserves widespread support.”

Dr. Saha's whistleblowing, together with the help of groups like the Government Accountabilty Project, are the best possible way to bring urgently needed reforms to the World Bank.

 

http://www.internationalassociationofwhistleblowers.net/

Murtagh is a doctor of pulmonary, critical care and sleep medicine.- Murtagh's career combines both writing and science.- Dr. James Murtagh is a co-founder of the International Association of Whistleblowers (IAW), and of Washington Whistleblower Week.
See:-http://en.wikipedia.org/wiki/Whistleblower_week


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Murtagh is a doctor of pulmonary, critical care and sleep medicine.� Murtagh's career combines both writing and science.�

Dr. James Murtagh is a co-founder of the International Association of Whistleblowers (IAW), and of Washington Whistleblower Week.See:�http://en.wikipedia.org/wiki/Whistleblower_week��

James MurtaghMurtagh is a doctor of pulmonary, critical care and sleep medicine.� Murtagh's career combines both writing and science.�

Dr. James Murtagh is a co-founder of the International Association of Whistleblowers (IAW), and of Washington Whistleblower Week.See:�http://en.wikipedia.org/wiki/Whistleblower_week��

From The Government Accountability Project

World Bank Whistleblower Policy Lacks Protections
June 12, 2008

FOR IMMEDIATE RELEASE
Contact: Bea Edwards, International Director 
Phone: 202.408.0034 ext 155 
Email: beae@whistleblower.org

Contact: Dylan Blaylock, Communications Director 
Phone: 202.408.0034 ext 137, 202.236.3733 (cell) 
Email: dylanb@whistleblower.org

World Bank Whistleblower Policy Lacks Protections
(Washington, DC) - The Government Accountability Project (GAP) greeted the new ‘whistleblower’ protection policy at the World Bank with both applause and disappointment. On the one hand, the numerous advances in the policy represent an important symbolic commitment to accountability. On the other, the policy violates two of four policy criteria in U.S. law for credible whistleblower protection at International Financial Institutions. After two years of consultations with the Bank’s working group, GAP, a non-profit public interest group that advocates occupational free speech and defends whistleblowers, found that the policy denies those staff members who disclose misconduct, corruption and fraud:

* Access to an impartial forum that will hear their claims of retaliation;
* A guarantee of employment/reinstatement when they successfully contest retaliatory dismissal. 

In consultations with the Bank’s working group on the policy, GAP repeatedly emphasized the importance of a fair forum and reinstatement, to no avail. Senators Richard Lugar (R-Ind) and Patrick Leahy (D-Vt) urged the rule’s authors to put real teeth in the measure as the Bank moves forward with reforms to its internal conflict resolution system in the future.

When issuing the policy on June 10th, the World Bank claimed that it incorporated “recognized ‘best practices’ in protecting whistleblowers and promoting institutional accountability.” But GAP, author of the most commonly applied ‘best practices’ checklist for intergovernmental organizations, finds that the policy falls short on these two crucial protections.

“This is a gaudily decorated 'cardboard shield,'” commented GAP legal director Tom Devine. "We would love to declare victory, but it wouldn't be honest. We have a duty to warn whistleblowers. The policy has certain 'best practice' rights on paper, but the lack of enforcement makes it a trap structured to rubber stamp retaliation. Paper rights are enforced by an internal board that has not found retaliation against a whistleblower in a single case since 1999. Equally cynical, the rules are rigged so even if whistleblowers somehow prevail, they most likely will lose by winning. They are not guaranteed reinstatement in any Bank job, and the norm since 2000 has been to send them back to home countries in disgrace, with a minimal payoff. That is a double whammy for a legitimate transparency reform."

Because the Bank is not subject to national law in the countries where it operates, its staff members and consultants are dependent on the functioning of its internal ‘Conflict Resolution System’ for justice when their rights are violated. The internal system, however, is heavily influenced by geo-politics and the demands of management in internal disputes. Whistleblowers, to the extent that their disclosures of wrongdoing and corruption have implications for management or governments, often find themselves victimized by this flawed internal system, even when they win.

Without access to external arbitration when protesting retaliatory dismissal, discrimination or demotion, whistleblowers confront a judicial forum in which the Bank is both the defendant and the judge.

The Bank's Office of General Counsel last week asserted that a right to reinstatement is unnecessary, because it is only denied in "extraordinary" cases. That reassurance is not borne out by the facts. GAP has prepared a preliminary review of Administrative Tribunal cases, the ultimate judicial forum for staff members, and found that of the complainants who challenged termination successfully on due process or substantive grounds between 2000 and March 30, 2008, less than 15 percent were actually re-instated. The remaining 85 percent were dismissed from institutional employment despite prevailing, and this ‘protection’ will not change that.

Government Accountability Project

The Government Accountability Project is the nation’s leading whistleblower protection organization. Through litigating whistleblower cases, publicizing concerns and developing legal reforms, GAP’s mission is to protect the public interest by promoting government and corporate accountability. Founded in 1977, GAP is a non-profit, non-partisan advocacy organization based in Washington D.C.

###

by James Murtagh (33 articles, 0 quicklinks, 0 diaries, 88 comments) on Sunday, June 15, 2008 at 4:07:43 PM
 

 

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