Enquête

Misconduct undermines the effectiveness, credibility and integrity of IOM. When confronted with misconduct, IOM personnel should speak up as soon as possible to ensure timely preventive and corrective actions – they have a duty to report misconduct. IOM is committed to ensuring swift action and accountability.

NO. You do not have to report to your supervisor or the Chief of Mission before reporting to OIG. Supervisors are not informed by OIG when staff are under investigation but may be contacted as witnesses if they have relevant information or evidence, or when the allegation comprises serious wrongdoing, and it is necessary to protect the interests of the Organization or an individual. However, even then, OIG will apply strict confidentiality.

YES.  Everyone can report to OIG and WAAI. IOM has a zero-tolerance policy for misconduct, and all individuals who are victims or witnesses of misconduct can file a report against IOM personnel. All reports, whether they come from an employee or not, will be given the same attention. 

1. Contact OIG Investigations directly via e-mail: oigintake@iom.int
2. The “We are all in’’  (WAAI) platform: https://weareallin.iom.int
3. Contact an OIG Investigations team member in person, via phone, email or chat stating that you would like to make a report of misconduct.
4. For allegations of retaliation, contact the Ethics and Conduct Office: ECO@iom.int or report to WAAI.

YES. OIG does accept anonymous reports. While anonymous complaints of misconduct can be made, they should contain enough detailed information to enable OIG to conduct independent verifications. In the absence of sufficiently clear and specific allegations, OIG may not be able to proceed. If you prefer, you can communicate with OIG Investigations through an alias or a confidential account (e.g., Proton Mail) to interact with OIG and provide files of evidence.

Individuals reporting misconduct are encouraged to be as specific as possible about the allegation(s) and should include details of who, what, where, when and how the incident(s) occurred. As example the:

(a) Name of the alleged offender. 
(b) Name of alleged affected individual/victim. 
(c) Date(s) and location(s) of incident(s).
(d) Description of the misconduct situation and incident(s) in as much detail as possible.
(e) Names of witnesses, if any. 
(f) Any other relevant information, for example, documentary evidence or records of communications, if available. 
(g) The affected individual’s/victim’s needs and/or suggested solutions/outcomes, if any.
 

NO. You do not need evidence to report allegations of misconduct to OIG. It is the role of OIG to collect further information and evidence to address the matter.  You also should not conduct your own investigation before reporting to OIG. Please report promptly to OIG sufficient information so that it can proceed; see question 6 above. 

NO, there is no deadline or time limit to report misconduct, except for complaints about discrimination, harassment (except sexual harassment which is not subject to time limits) and abuse of authority, which need to be reported within a year of the last incident of abusive conduct. 

OIG investigations are strictly confidential, and information is only shared on a need-to-know basis, for administrative, disciplinary or judicial proceedings. OIG uses redactions and other methods to protect the identities of whistleblowers and witnesses at risk. For reasons of due process, a person under investigation must get a meaningful opportunity to defend themselves, which includes access to evidence such as testimonies. This, together with a formal notification, generally happens at the end of an investigation. In cases of harassment, discrimination, abuse of authority, retaliation and sexual misconduct, the person under investigation will normally have a right to know the identity of the affected individual/victim. Only in rare exceptions, the Organization may accept entirely anonymous testimonies in disciplinary proceedings, for example for victims of human trafficking or at risk of severe bodily harm. Requests for anonymity by complainants or investigation participants will be considered to the extent possible. 

NO. OIG does not provide every reporter with periodic updates due to the confidential nature of investigations. However, it will acknowledge receipt of the allegation reported.   If you are directly affected by the allegations (such as when you are a victim of alleged sexual harassment or SEA), OIG will keep you informed, e.g., on whether the case is closed or if the case has been sent to the IOM Legal Department for further action. You can also follow up with OIG if you would like to have information about the case status or need to provide an update. After an investigation, IOM Chiefs of Mission are notified systematically of the transmission to the IOM Legal Department, and also of closures of cases that were reported officially by their offices.

YES. It is very important that you report SEA, because IOM has a policy of zero tolerance for sexual exploitation and abuse by its personnel. OIG will promptly review your report and assess if an investigation is warranted. Please note that OIG cannot provide victim assistance but can redirect you to appropriate resources at IOM and will trigger SEA victim assistance by others.

YES. Fraud or corruption are prohibited at IOM. If you have any information on such wrongdoing, you have a duty to report it.

NO. Please report to the Ethics and Conduct Office (ECO) or WAAI.  If the Ethics Office finds a prima facie case of retaliation, it will submit the case to OIG for investigation. Any retaliation or threat of retaliation against a person who reported misconduct or cooperated with a duly authorized investigation or audit is unacceptable and may be subject to disciplinary action. This also applies after a case is closed. Please refer to IN/282 and the ECO internet site for more information on protection against retaliation at IOM.

This may be an act of abusive conduct based on IN/90 Rev.1, IOM’s Policy on a Respectful Working Environment. Please consider the DHR roadmap and consult with ECO or the Ombudsperson about available avenues. If the acts go beyond what is described in IN/90 Rev.1, please report the misconduct to OIG or WAAI. 

NO. If a person makes a report in good faith – in other words, shares his or her suspicions with the aim of helping to put an end to a situation of misconduct – and the investigation concludes that there was no or insufficient evidence of misconduct, the person who filed the complaint will not be considered to have made a false complaint or face a disciplinary sanction. Only a complaint made with knowledge of their falsity or with willful disregard of their truth or falsity (so-called mala fide complaints) may result in a disciplinary measure for the person behind the false complaint. 

There are three major steps in this process: intake/preliminary assessment, investigation, and reporting.

During the intake and preliminary assessment phase, OIG Intake team will acknowledge receipt of all allegations of misconduct and examine them to see if they warrant an investigation and if there is enough information to proceed.  Some cases will be closed by OIG already at the end of this phase or referred to the Legal Department or other offices for action.  During the investigation phase, the OIG Investigations team will conduct a formal collection of evidence to establish the facts relevant to an allegation. Lastly, during the reporting phase, which is the last phase of the process, the evidence collected will be included in a written document and closed.  Investigation reports will be send to the IOM Legal Department for review and potential disciplinary sanction(s).

An investigation consists in evidence collection activities, e.g., witness interviews, documentary analysis, computer forensics and site visits. Towards the end of this fact-finding process, the person who is the subject of the investigation will be informed of the allegations via a Notice of Allegations. The subject is also invited to comment on the draft investigation report and evidence before finalization. OIG prepares a report, which will contain the allegations, analyze available evidence and make findings of fact. 

An investigation is not a quick review, instead this is a formal, thorough and fair process that needs to follow a composite system of professional standards and legal requirements. The length of an investigation depends on multiple factors, including complexity, number and availability of witnesses, travel logistics, safety risks, OIG resources, and others. OIG prioritizes cases depending on the category and risk level.  

OIG has no authority to decide on or take interim measures. It can recommend to relevant departments (e.g., LEG, DHR, country offices) to take temporary actions or precautions to prevent further harm, protect individuals or resources, maintain the integrity of the investigation, or ensure that operations can continue smoothly. Those interim measures can take numerous forms, such as a suspension pending an investigation, reassignment or other. The responsibility to take interim measures to protect beneficiaries, funds, staff and operations pending an investigation lies with the IOM administration and relevant manager (see above Section 1 Question 7). OIG participates in information sharing and cooperation, and may recommend measures on a case-by-case basis. If you are in need of help during an investigation, please bring your concern to the attention of OIG so that it can coordinate with relevant departments. You may also turn directly to these for assistance. 

There is no witness protection programme at IOM. Options in the area of witness protection are very limited because IOM is merely an employer and not a national authority. OIG does not have the same means as a police or prosecution service. OIG reviews all requests for witness protection and liaises with relevant departments and offices for advice and possible measures. However, anyone who cooperates in good faith with an investigation is entitled to protection from retaliation in accordance with the IOM Policy for Protection against retaliation for reporting misconduct or cooperating with investigations and audits, IN/282. Every IOM employee who fears or faces retaliation can contact the ECO office for further assistance.

Prior to the commencement of the interview process, the Investigator will send an email to the participants. The interviews will be conducted in an appropriate and confidential environment, at a reasonable time and for a reasonable duration, with breaks as necessary. Victims of sexual misconduct have the right to a support person during the interview. OIG will accommodate reasonable needs of the interviewees. Interviews are audio-recorded and will either be conducted in person, or remotely. 

The duty to cooperate is the obligation of IOM personnel to cooperate with duly authorized audits and investigations by providing information in any form, including testimony, computer and phone devices, records and other, as requested by OIG. Persons asked for information by OIG, during an interview or otherwise, have a duty to respond completely and truthfully to questions, and they should also volunteer any information that could assist OIG to establish the facts. A failure to cooperate, or withholding relevant information and tampering with evidence, may be considered a form of serious misconduct and lead to disciplinary action.

OIG has a mandate that allows for its unrestricted access to all IOM information and communications technology data and devices (e.g., computers, mobile phones), including remotely. It does not need to provide the concerned user with advance notification of such access. OIG notifies the subject of an investigation, usually via the Notice of Allegations which is later sent by email as part of the evidence material, that it will access and seize devices.   Seizure of devices is generally done in the presence of the staff member and is documented. Witnesses should be informed of OIG’s remote access to their ICT data at some point before or after the access takes place.

NO. Personal devices should not be seized and searched for OIG investigations, except if they are attached to an IOM computer and there is a reasonable belief that they contain information relevant to the investigation. However, you may volunteer or show your personal devices for the use of the investigation.

NO. You are required to maintain confidentiality and refrain from discussing or disclosing an investigation or your testimony to your colleagues including supervisors. There are serious consequences for failing to ensure that confidentiality is maintained, and the disclosure of confidential information may result in disciplinary action. If you have a question, for example, if you can seek support from a particular professional with confidentiality obligations, please ask OIG.

NO. Since the role of the investigation is fact-finding in nature, you are not entitled to legal representation when interacting with investigator(s) or during the interview. You may bring an IOM colleague to the OIG interview for emotional support.

After the misconduct is reported to OIG, OIG will acknowledge receipt of all allegations, will conduct a preliminary assessment and may launch an investigation. Once the investigation is complete, OIG submits its investigation report to the IOM Legal Department who will review the investigation report, conduct disciplinary proceedings if warranted, and submit the recommended disciplinary measures to the Executive Office  for decision. The IOM Administration may also decide to take managerial action, include a person in the UN ClearCheck database or make a referral to national authorities. If the Legal Office determines that there is insufficient evidence to support the allegations, it will proceed with closure of the case accordingly.

The IOM employee under investigation will be informed in writing of the allegations made against him/her. He/she will have the opportunity to give her side of the story and will be formally interviewed. Upholding its commitment to impartiality and based on a factual investigation, the person who is investigated by OIG for possible misconduct will be afforded all rights of due process, including the presumption of innocence and a right to submit comments and evidence in defense. When the investigation is completed, the matter will be transmitted to the IOM Legal Department for consideration. If the Legal Department proceeds with a disciplinary process, there is an additional opportunity to provide comments on the charges for the person who was investigated. Then, the Executive Office decides if a disciplinary sanction or other measure should be imposed. The case may also be closed – for example, a person who has left the employment of IOM will not receive a disciplinary sanction. 

NO. As mentioned above, OIG is not involved in the disciplinary process but acts as a neutral factfinder to assist the Legal Department in determining whether the allegations may be substantiated or unsubstantiated.

Pursuant to Chapter 10 of the Unified Staff Regulations and Rules (USRR), IOM disciplinary measures can be taken against IOM staff members, which may take the form of any one or a combination of the following: written reprimand; reduction of step(s); fine; discharge after due notice; summary dismissal. Administrative measures may include: oral warning; non-disciplinary written warning not containing reference to Staff Regulation 10; Recovery of monies owed to the Organization; Suspension with or without pay and other. The action concerning IOM employees who are not staff members depends on their contract with the Organization. IOM does not take disciplinary action against persons who do not work for IOM.