On
CAR, UN's Gaye
Talks of
Arrests &
Judges But
Silent on
Sangaris Rapes
By Matthew
Russell Lee
UNITED
NATIONS,
August 5,
updated --
When
peacekeepers
from France
allegedly
raped children
in the Central
African
Republic and
the UN learned
about it a
year ago, the
UN
and
UNICEF
did nothing,
until UN
Peacekeeping
chief Herve
Ladsous asked
to fire the
whistleblower
in March of
this
year.
Inner City
Press asked
UNICEF about
its role,
here.
When the UN's
envoy to CAR
Babacar Gaye
addressed the
Security
Council on
August 5,
referring
repeatedly to
justice,
arrests and
serious
crimes, he did
not once refer
to the French
soldiers'
alleged rape
of children
there. This is
how the UN
tries to make
some issues
disappear. As
reported
below, even
the Panel that
Secretary
General Ban
Ki-moon has
named to look
into the CAR
rapes may not
even travel to
the country.
Update: an
African
ambassador
mid-meeting
complained to
Inner City
Press that
while the
Bangui Forum
said that
those
displaced or
"cleansed"
from CAR must
be allowed to
vote, now
unelected
people there
are saying
this will not
happen.
Elements to
the press are
being
prepared, the
Ambassador
told Inner
City Press.
Gaye on
August 5 told
the Security
Council:
“MINUSCA
continues to
use its urgent
temporary
measures to
arrest
spoilers where
the state
lacks the
capacity to do
so. In that
regard, I also
welcome the
transitional
authorities'
decision to
establish the
Special
Criminal Court
to investigate
serious crimes
committed
since January
1, 2003. I
call upon
donors to
support the
court with
financial
donations and
secondment of
international
magistrates."
So -
international
magistrates to
judge CAR
"spoilers" -
but no judging
in Bangui of
French
soldiers'
alleged rapes
there?
Gaye
also said,
“Despite the
availability
of funds and
progress
initiating
voluntary
disarmament of
the ex-Seleka
in Bangui, we
are yet to
regroup and
disarm the
combatants
throughout the
country.
Indeed, most
of the
signatories
would like to
respect their
commitments as
per the
Disarmament,
Demobilization
and
Reintegration
agreement, but
recent
political
developments
have raised
doubts, in
particular
among the
ex-Seleka. In
the meantime,
MINUSCA is
working
closely with
the
transitional
authorities to
move the
process
forward in
order to
establish a
situation
conducive to
calm and
transparent
elections...
“The Central
African
Republic
authorities
announced the
electoral
calendar: a
constitutional
referendum on
the 4th of
October, a
first round of
presidential
and
legislative
elections on
the 18th of
October, and a
second round
on the 22nd of
November. In
the meantime,
478,000 voters
have been
registered
primarily in
Bangui, and
the process is
getting
underway in
the rest of
the country.
“The
anti-Balaka
stronghold of
Boy-Rabe and
the
Muslim-dominated
PK5 remain the
hot spots in
the capital
city. MINUSCA
is using a
robust
approach to
restore rule
of law in both
areas, as
demonstrated
by the search
and arrest
operation that
took place in
PK5 three days
ago."
So
Herve Ladsous'
MINUSCA is
making arrests
in PK5, but
did nothing
when it
learned of
child rapes by
French troops.
About
the Panel that
Secretary
General Ban
Ki-moon
belatedly
announced,
Inner City
Press on
August 4 asked
if they will
travel to CAR
to do any
interviews.
Ban's deputy
spokesperson
Farhan Haq
insisted "that
is nothing we
could know in
advance." But
what about not
only the
Panel's
budget, which
Inner City
Press asked
Haq about --
what about UN
Security if
the Panel were
to, as it
should,
conduct
interview and
collect
evidence in
CAR?
Inner City
Press: Two
questions
about the
Central
African
Republic.
One is just
there was a
study report,
I guess, it
came out on
Friday by
Amnesty
International
about the…
this sort of
forced
conversion of
Muslims in the
Central
African
Republic and
the fact that
many of the
people that
left are
basic… those
were thought
to come from
Chadian or
Sudanese
grandparents
are not
returning.
I wanted to
know if… I
don’t know if
you had some
response or
the UN had
some response
about how its
mission can
deal with
those two
issues.
And the other
one has to do
with the panel
on the sexual…
the
allegations of
the child
sexual abuse
in CAR by
Sangaris.
I wanted to
know if the
panel… I know
you’re going
to say they’re
independent,
but there’s a…
whether they
are, in fact,
going to
travel to the
country to do
any
interviews.
And the reason
I’m asking is,
what is their
budget?
Where does the
budget of the
panel come
from?
And what is
the budget of
the panel?
Deputy
Spokesman:
At this stage,
they are free
to go about
their work as
they see
fit.
They will
submit figures
on their
budget once
they’ve
completed
their
work. At
this stage,
it’s a work in
progress.
We don’t have
nor do we ask
for details
about what
their work is
going to
be. They
will complete
it, and then
they will
inform us of
what their
work is.
So whether it
includes
travel on the
ground or not,
that’s their
call, and it’s
nothing that
we would learn
in advance.
Regarding the
Amnesty
International
report, of
course, we’re
concerned
about the
situation
there.
You’ll have
seen what our
own human
rights
officers on
the ground
have been
saying about
the situation,
and it’s a
tremendous
cause for
concern, both
the
displacements
and the sort
of
inter-community
and
inter-ethnic
and
interreligious
violence that
there’s been.
Inner City
Press:
Could I just…
to understand
the budget
issue.
Obviously,
they’re
supposed to
pay for it out
of their own
pocket and get
reimbursed, or
how is the
actual work of
the panel
being paid for
currently?
Deputy
Spokesman:
We have
different
accounts that
can deal with
expenses, such
as unforeseen
expenditures,
like new
panels.
Regarding what
specific
accounting
they will do,
that… you
know, that
will become
clearer as…
you know, once
they’ve gone
about their
work, so we’ll
have to wait
and see what
they submit
for their
budget.
Now both the
UN's outgoing
-- gone --
"Ethics
Officer"
Dubinsky and
the three
person panel
UN Secretary
General Ban
Ki-moon named
to investigate
are under
fire. On July
31, Inner City
Press asked
Ban's
spokesman
Stephane
Dujarric:
Inner City
Press: I
wanted to ask
you about...
Ms. Dubinsky,
the Ethics
Officer
contract
extension,
which would
give her a
lifetime
pension, and
the extension
was given just
as she
discussed
investigating
Mr. Kompass on
the Central
African
Republic rape
allegations.
And I’m asking
you this
because the
head of
Aids-Free
World and Code
Blue, you say
you respect,
as well as the
Government
Accountability
Project, both
find that an
extreme…
extremely
troubling
timing and say
that it calls
for… demands
Secretary-General
Ban’s personal
attention, the
idea of a
conflict of
interest of
giving $12,000
a year for
life to the
person that
was
investigating
the
whistle-blower
of these
rapes.
What’s your
response?
Spokesman
Dujarric:
Indeed, I ...
very much
respect the
work that Ms.
Dubinsky has
been doing
over the last
five
years. I
know the
Secretary-General
does as
well.
This is her
last
day.
She’ll be
retiring as of
tomorrow... I
think in
accordance
with UN staff
regulations
and staff
rules, the
authority for
the selection
of staff
members at D-2
Level and
above rests
with the
Secretary-General
including the
retention of
staff members
beyond the
retirement age
should the
need
arise.
The
Secretary-General
attaches great
importance to
the selection
and
appointment of
senior
managers as a
priority seeks
to have smooth
transition
during a
change in
leadership.
We’re not in a
position to
discuss
individual
staff members’
contracts.
The UN has an
obligation to
ensure the
integrity and
confidentiality
of all staff
records.
As I
mentioned, her
term ends
today.
Again, the
Secretary-General
is grateful
for her
work.
And I think,
you know, what
is also of
concern, I
think, is the
fact that some
of her
personal data
was leaked,
was leaked to
the press and
personal
information
concerning
her.
Inner City
Press:
Who’s the next
Ethics
Officer?
If the
rationale for
giving the
extension was
continuity…
Spokesman:
We hope to
announce
someone in due
time.
Inner City
Press:
Has she been
spoken with by
the panel on
these rapes...
Spokesman:
I don’t
know.
The panel is
independent.
I’ve made it a
point to have
no contact
with them
unless asked
to, and I
won’t ask them
who they plan
to talk to.
Inner City
Press:
And just
finally, the
Government
Accountability
Project, again
a respected
organization,
has now said
that two of
the three
panellists are
not, in fact,
independent
because of the
dangling of
future UN
appointments
in front of
the--
Spokesman:
I think the
panel put
together is an
extraordinary
panel. I
think everyone
can always
find something
to argue
with.
They are… they
are people of
great ethical
standard.
They are
people who
have had great
legal careers,
have been
outspoken
human rights
defenders,
have done
great reform
work in the
case of the
Canadian Armed
Forces.
I would ask
people to
judge the
panel on its
report and to
be a little
bit patient
and see what
they come up
with.
But
there is an
ever-growing
pattern here.
After BuzzFeed's
Jina Moore
documented
that when an
aid worker was
allegedly
raped inside
UN
Peacekeeping's
Bentiu
"Protection of
Civilians"
site in South
Sudan, the UN
system
did little to
nothing --
until on July
27, in transcribing
Spokesman
Stephane
Dujarric's
answer to
Inner City
Press'
questions, the
UN added in a
parenthetical
that Nobert
did not work
for the UN.
On July
30, Inner City
Press asked
Dujarric about
yet another
case in this
unfolding
scandal, this
one again
involving one
of Herve
Ladsous'
peacekeeping
missions, in
the Democratic
Republic of
the Congo. Video here.
Inner City
Press: I’m
sure you’ve
seen the story
in The
Guardian,
actually by
one of our
colleagues or
former
colleagues
here, Roger,
about the
systematic
rape by an air
contractor of
the MONUSCO
[United
Nations
Organization
Stabilization
Mission] in
the DRC
[Democratic
Republic of
the
Congo].
And they
basically say
that there’s
some pretty
horrendous
evidence or
descriptions
of what
happened, that
the UN kept
paying the
contractor
after, with
some idea of
rehabilitating
it. But
I wanted to
ask you about,
there was an
OIOS [Office
of Internal
Oversight
Services]
investigation
of it, and it
seems since
it’s also a
vendor, it
obviously
brings up this
other… this
case in
Bentiu, which
it was a
vendor, and
the UN said it
could do
nothing.
First, what
can you say to
those who say
it’s pretty
horrendous to
continue to
pay a
contractor
which raped an
underage girl
in the DRC?
Spokesman
Dujarric:
What is…
What is
horrendous is
what happened
to the victim
and what was
done to the
victim by
those two
employees of
UTair.
We go back to
a story that
was, in fact,
reported, I
think, when it
happened a few
years
back.
Our
understanding
is that the
contractors
have been… at
the time, were
removed and
fired from the
company.
Both the DRC
judicial
authorities
and the
Russians were
informed of
the… of our
investigation
into the
case. As
we explained
in the
article, a
procedure was
put in place
at the time to
monitor the
vendor and the
behaviour of
the vendor and
its
staff.
That
monitoring
mechanism
continues.
Every six
months, it is
reported to
our colleagues
in the
Department of
Management,
who review it.
I think…
Again, I think
the issue of
vendors and
contractors is
a very
legitimate one
to
explore.
Given the
criticality of
air support,
there was a
discussion
among the
Department of
Management.
A system was
put in place
to ensure that
this
particular
company was
monitored and
monitored on a
regular basis,
and that
continues to
do… we
continue to do
that.
The behaviour
of our vendors
and the staff
that work for
them should be
at the same
level of
ethics and
behaviour that
we expect of
our own staff,
as they
represent us.
Inner City
Press:
And was there
any
accountability
for the
victims or
victims in the
DRC, was there
actually any
accountability,
either
criminal or
civil?
Spokesman:
Again, those…
the findings
of the OIOS
investigation,
the UN
investigation,
were presented
to both the
DRC and to the
Russian
authorities,
and I think
you’d have to
ask for them
what happened
on the
criminal
end. As
you know, we
have no
criminal
authority.
Inner City
Press: In the
South Sudan
case, where it
was also an
alleged rape
by an employee
of a vendor,
was any
information
given to the
authorities of
either South
Sudan…?
Spokesman:
I think we’re
still… what
happened to
Megan Nobert
is being
looked
into. As
I’ve said,
both here and
in interviews,
she suffered
horrendously,
and our heart
goes out to
her.
The… you know,
UNICEF [United
Nations
Children’s
Fund], which
was the agency
that had the
contract with
the vendor for
which her
accuser… the
alleged
attacker
worked for,
was in contact
with the
vendor, got
him
removed.
I know our
colleagues at
UNICEF are
absolutely
appalled by
what happened
to Ms.
Nobert.
And when I
have more
information,
I’ll share it
with you.
Question:
One final
thing.
Do you see
this as a
pattern?
And two, for
example, since
it’s a UN
system, did
UNICEF impose
any of these
similar
rehabilitation
and reporting
requirements
on…
[inaudible]
Spokesman:
Like I said, I
don’t have all
the facts
surrounding
this
case. I
think, again,
I would say
that we
expect…
I wouldn’t
call it a
pattern.
I think there
are hundreds,
if not more,
of vendors and
contractors
that work on
behalf of the
UN who do a
spectacular
job, partner
agencies,
partner
humanitarian
NGOs
[non-governmental
organizations].
But we do
expect anyone
who works on
behalf of the
United Nations
to behave to
the same
ethical
standards.
I will…
Inner City
Press: The
pattern I was
asking about
is a pattern
of a lack of
accountability.
Because the UN
is working in
places that
may have not
very good…
not… not very
developed
judicial
systems and
because the UN
itself is
immune…
[inaudible -
the reference
was to the UN
shirking
responsibility
for
introducing
cholera into
Haiti]
Spokesman:
I think it’s
obviously
something we
need… it’s
something we
need to look
at. Our
ability to
prosecute
people
criminally is
obviously not
there.
It’s up to
national…
either the
authority
where the
crime took
place or the
citizenship of
where the
people
worked."
Shouldn't the
UN provide
some
protection and
accountability
for aid
workers in the
employ of
non-governmental
organizations
funded by the
UN system,
particularly
inside UN
"protection"
camps like
that in
Bentiu?
On July
28, Inner City
Press asked
the UN's top
humanitarian,
Emergency
Relief
Coodinatory
Stephen
O'Brien, about
the case. Video here. O'Brien said he had
recently been
in the Bentiu
camp but, not
speaking
specifically
of the case he
said he did
not know, to
his credit he
said that
facts should
be looked into
and
investigated.
But will they
be?
Minutes
later Inner
City Press
asked UN
spokesman
Stephane
Dujarric why
such an
investigation
was not done
in this case
-- did it turn
on the fact
that the
alleged victim
did not work
for the UN
system but for
a UN fundee? Video here.
The UN to its
July 27
transcript
added, "[The
Spokesman
later
clarified that
Ms. Nobert did
not work
directly for
the UN. She
was employed
by an NGO
doing contract
work for a UN
agency.]"
Compare to
actual
briefing, video here.
Not
only did UN
spokesman
Dujarric
refuse to
identify
UNICEF, run by
former US
government
official
Anthony Lake,
as the UN
agency which
did not act on
the alleged
rape, except
to provide
"contact
information"
of the
contractor --
UNICEF, which
was in charge
of the bore
hole drilling
in which the
alleged rapist
was engaged,
has not
directly
responded on
the scandal.
Inner
City Press on
July 27 asked
UN Spokesman
Stephane
Dujarric what
accountability
there is when
UN agency
personnel
themselves are
raped. Video
here, and
embedded
below.
Dujarric began
by calling it
a horrendous act
- then said
that what the
UN system did
was give the
victim the
contact
information of
the
contractor.
But, Inner
City Press
asked, since
Sudan-based
Life for
Construction
has let the
alleged rapist
Amed Asmail's
contract
expire, how
will this
"contact
information"
help the
victim?
Dujarric
declined to
even identify
the agency,
which used
public funds
to contract
for water bore
holes for the
Bentiu camp;
when Inner
City Press
asked if it
was UNICEF or
IOM, he cut
the question
off. Video
here.
"has
maintained
staff in
Bentiu and is
rapidly
responding to
the urgent
needs,
drilling new
boreholes for
water, and
today flying
in parts for
the
construction
of new
latrines.
However,
UNICEF said it
remains
hindered by a
lack of
funding and
access."
UNICEF
also sat on
reports of the
sexual abuse
of children in
Central
African
Republic;
we'll have
more on this.
For now,
here's this,
and now UN's
transcript of
briefing - a
[parenthetical]
was later
added,
highlighted
below in bold:
Question:
Sure.
Questions on
Burundi but I
wanted to ask
you something,
you may have
anticipated
coming.
It was a story
which was on
Friday on
BuzzFeed,
quite
detailed,
about an aid
worker in the
UNMISS camp
(United
Nations
Mission in
South Sudan)
in Bentiu, who
alleges that
she was raped
by a UN vendor
or contractor
working for
Life For
Construction.
Basically the
gist of the
article is
that the UN
did absolutely
nothing and
OIOS (Office
of Internal
Oversight
Services) said
they could not
investigate
and there are
no recording
or reports of
sexual abuse
or
exploitation
by vendors
anywhere in
the UN, DPKO
(Department of
Peacekeeping
Operations) or
other
systems.
So I wanted to
know, what is
your response
to it?
What does the
UN owe people
in its
protection of
civilian camps
if they are
raped there,
and why was
nothing done
in this case?
Spokesman:
Well, I think
this was
clearly a
horrendous act
and I think
people who
work, aid
workers,
humanitarian
workers, who
work within UN
camps are owed
the best
possible
protection,
that's
clear.
In this
particular
case, the
agency for
which Ms.
Nobert worked
is greatly
concerned for
the well-being
and safety and
security of
all those
working with
it to deliver
humanitarian
assistance
anywhere in
the world and
it took these
particular
allegations
very
seriously.
[The
Spokesman
later
clarified that
Ms. Nobert did
not work
directly for
the UN. She
was employed
by an NGO
doing contract
work for a UN
agency.] When
it became
clear that the
person accused
of the attack
on Ms. Nobert
was, in fact,
an employee of
a company
hired to
undertake work
for the agency
and not an UN
staff member,
the agency
concluded it
was not a
position to
conduct an
investigation
into the
alleged
actions of
that person
itself.
All of the
agencies
private
contractors
are aware of
the high
standard of
conduct the
agency accepts
from their
staff and the
agency gave
Ms. Nobert the
contact
details of the
employer of
the person
accused of
attacking her,
so that she
could take her
complaint
directly to
the
company.
The agency
also
instructed the
company to
remove the
individual
immediately
from any
project
involving the
agency.
However, given
the highly
sensitive
nature of the
allegations,
the agency had
to respect
both the need
for Ms. Nobert
to raise her
very serious
complaint with
those who can
take actions
and the rights
of the accused
person for due
process.
It therefore
did not share
the specific
nature of the
complaint with
the
contractor,
allowing Ms.
Nobert to
decide on how
and when she
wanted to do
that.
The agency
concerned
believes that
in this
complex
circumstance
it did the
best it could
to support Ms.
Nobert, to
take her
complaint
forward.
I think it's
clear that, in
any of these
cases, we also
need to take a
look how we
responded and
how we can do
better in
responding to
horrendous
cases like
this one.
Question:
Thus seems to
imply…
obviously,
Life for
Construction,
they have
already
terminated the
individual, so
there is no
more
relationship
between them.
So is there…
what is the UN
saying is the
accountability
mechanism for
this alleged
rape?
And, two, you
keep saying
the agency.
Was the agency
in charge of
boring water
holes in the
Bentiu
camp?
Was it UNICEF
(United
Nations
Children’s
Fund), was it
IOM
(International
Organization
for
Migration)?
Which agency
are you
speaking of?
Spokesman:
As the article
makes clear,
Ms. Nobert
specifically
requested the
agencies she
had contacts
with shall not
be named and
we will
respect her
wishes.
Question:
Who is in
charge of
boring the
water holes?
Spokesman:
That is what I
have to share
with you and,
if I have,
more I will
share with
you.
, 
