LONDON (AP) 鈥 A confidential U.N. report into alleged missteps by senior World Health Organization staffers in the way they handled a sexual misconduct case during an Ebola outbreak in Congo found their response didn't violate the agency鈥檚 policies because of what some officials described as a 鈥渓oophole鈥 in how the WHO defines victims of such behavior.
The report, which was submitted to WHO Director-General Tedros Adhanom Ghebreyesus last month and wasn't released publicly, was obtained by The Associated Press. The WHO did not respond to requests for comment.
The U.N. investigation comes after a 2021 review by a appointed by Tedros found that three WHO managers fumbled a first reported by the AP earlier that year, involving a U.N. health agency doctor signing a contract to buy land for a young woman he reportedly impregnated.
, Tedros said U.N. investigators concluded the 鈥渕anagerial misconduct鈥 charges were unsubstantiated and the three staffers returned to work after being on administrative leave. The WHO chief said the agency would seek advice from experts on how to handle the inconsistencies between the two reports.
The investigators said Tedros was informed of the sexual misconduct allegations in 2019 and had been warned of worrying gaps in the WHO鈥檚 misconduct policies the previous year.
鈥淚f these issues were brought to Tedros鈥 attention and no action was taken, (WHO) member states must demand accountability,鈥 said Dr. Irwin Redlener, a global health expert at Columbia University.
Tedros has previously said he became aware of sexual misconduct complaints in Congo only after media reports in September 2020 and learned of the specific case reported by the AP when it was published. He said anyone connected to sexual misconduct faced consequences including dismissal. To date, no senior WHO staffers linked to the abuse and exploitation have been fired.
In May 2021, an AP investigation revealed senior WHO management was told of sexual exploitation during the agency鈥檚 efforts to stop Ebola in eastern Congo from 2018-2020 but did little to stop it.
Among the cases WHO management were warned about was the allegation that Dr. Jean-Paul Ngandu, an infection control specialist sent to Beni, had impregnated a young woman. Ngandu met the woman at a restaurant one evening shortly after he arrived - and following mandatory WHO training on the prevention of sexual misconduct.
According to the U.N. report, the two had sex later that evening and Ngandu gave her some money the next morning. The relationship soured and the woman and her aunt later went to the WHO office in Beni to complain that Ngandu had impregnated her. AP obtained a notarized agreement Ngandu and the woman, in which he agreed to cover her health care costs and buy her land.
The deal, also signed by two WHO staffers, was meant to protect the WHO鈥檚 reputation, Ngandu said.
鈥淎fter the allegations were made to WHO (headquarters), a decision was made not to investigate the complaint on the basis that it did not violate WHO鈥檚 (sexual exploitation and abuse) policy framework,鈥 the U.N. report said.
The review explained that the decision was made by officials from the U.N. health agency鈥檚 legal, ethics and other departments and was due to the fact that the woman wasn't a 鈥渂eneficiary鈥 of WHO assistance, meaning she didn't receive any emergency or humanitarian aid from the agency, and thus, didn't qualify as a victim under WHO policy.
WHO staffers interviewed by U.N. investigators said this might be considered a 鈥渓oophole which had the potential to cause complaints to fall through the cracks.鈥
鈥淣gandu鈥檚 conduct did not violate any WHO (sexual exploitation and abuse) standards of conduct,鈥 the report said, describing his agreement to pay off the woman as a 鈥減rivate financial settlement.鈥
U.N. investigators noted there were problems in the WHO鈥檚 sexual misconduct policies, describing those as 鈥渁 collective responsibility.鈥 In February 2018, several staffers sent a memorandum to Tedros warning of the policies鈥 shortcomings.
Experts slammed WHO鈥檚 defense, saying the agency should uphold the highest standards in handling sexual exploitation since it coordinates global responses to acute crises like COVID-19 and monkeypox.
鈥淓scaping accountability based on weasel words and technical language, like not being a 鈥榖eneficiary鈥 of WHO assistance is unacceptable,鈥 said Larry Gostin, director of the WHO Collaborating Centre on Public Health Law and Human Rights at Georgetown University. 鈥淭hat the U.N. Office of Internal Oversight Services excused this behaviour based on this legal technicality shows the U.N. and WHO are not taking sexual abuse seriously.鈥
After the reports of sexual misconduct in Congo arose, the WHO created a new office to prevent such behavior, headed by . In her interview with U.N. investigators, Gamhewage said that prior to starting her new job, she had no knowledge of the WHO鈥檚 sexual misconduct policies and had not even read them.
鈥淪exual exploitation and abuse were not familiar terms to her,鈥 the report said.
The U.N. investigation comes weeks after the AP published another story detailing sexual misconduct at the WHO, involving a with a history of sexual assault allegations within the agency, who was preparing to run in an election for the WHO鈥檚 top director in the Western Pacific.
鈥淭hese repeated instances of sexual assault, and arguably worse, its cover-up, are grossly intolerable,鈥 said Columbia University鈥檚 Redlener. 鈥淚t鈥檚 possible this Ngandu case didn鈥檛 technically break WHO鈥檚 policy, but there is policy and then there is morality and ethics,鈥 he said. 鈥淭here鈥檚 something deeply uncomfortable about what happened here.鈥
During the Ebola epidemic, Tedros travelled to Congo 14 times to personally oversee the WHO鈥檚 response.
鈥淎t a minimum, Tedros should promise and deliver a major overhaul on policies and accountability,鈥 Redlener said. 鈥淭here might even be an expectation that he failed in his responsibilities and should therefore resign.鈥
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Jamey Keaten in Geneva contributed to this report.
