UN Tribunal Orders Reinstatement of Senior Sri Lankan Diplomat Sanaka Samarasinha

The United Nations Dispute Tribunal has overturned the UN’s decision to place its top Pacific diplomat, Sanaka Samarasinha, on administrative leave and ordered his reinstatement with back pay, citing procedural flaws and insufficient evidence.

Samarasinha, a Sri Lankan with 25 years of UN service around the world who had been the UN Resident Coordinator in the Pacific since 2018, was placed on leave in May 2023 after an allegation of misconduct from a representative of an influential member state also based in the region. The UN later initiated an internal investigation.

Samarasinha challenged the action, arguing that the complaint was politically motivated, pointing to his earlier refusals to accede to certain demands of donor countries that he considered improper. The tribunal found in his favor, concluding there was inadequate evidence that he violated UN rules and castigating the UN for failing to pursue his counter-allegations of false reporting and collusion.

“The tribunal makes it clear that the evidence against Samarasinha doesn’t add up to what they are trying to claim,” said a senior UN official speaking on condition of anonymity, commenting on the ruling.

In its decision, the tribunal found that the case against Samarasinha lacked the coherence and substantiation required to sustain the charges. The ruling called into question key elements of the evidence presented by the investigators, indicating that they failed to align with the legal standard demanded for such serious allegations.

The tribunal rescinded the leave order, directed his immediate reinstatement, and mandated payment of back wages. Under UN internal justice rules, the UN may appeal to the UN Appeals Tribunal, but only if it can show the initial decision was “manifestly unreasonable”— that no reasonable person could reach the same conclusion.

Samarasinha has meanwhile pursued parallel legal actions: a Warsaw District Court issued an injunction against Euroradio following his civil defamation suit, and he has filed defamation suits in Colombo District Court, pending decision.

Observers say the UN may feel compelled to appeal given the influence of the complainants and its hasty administrative actions. If the UN files an appeal, a final decision may be delayed until 2027. Regardless of outcome, legal analysts believe the case will embolden UN staff who allege unfair treatment by the administration, especially amid recent waves of dismissals and internal restructuring.

No representatives for Samarasinha or the UN were immediately available for comment. Legal analysts expect that the ruling will be closely scrutinized for its broader implications on international justice and accountability.