On UN Bringing
Cholera to
Haiti, Paying
Not a Cent,
Haq Says UN
Didn't Do It
By
Matthew
Russell Lee
UNITED
NATIONS,
April 5
-- When
the UN of Ban
Ki-moon is
asked about
bringing
cholera to
Haiti, the
answer is
usually, “Our
position
remains
unchanged” --
that is,
immunity.
But
when UN OCHA
official John
Ging mentioned
Haiti and
cholera in a
February 18
briefing and
Inner City
Press asked
more about it,
and what the
UN is doing to
people
expelled from
the Dominican
Republic to
Haiti where
the UN
introduced
cholera? Video
here.
Ging to his
credit did not
say “our
position
remains the
same,” instead
he reviewed
the waning
support from
donors, after
citing 105
families in a
camp on the
border with
only two
toilets. What
are the UN's
responsibilities?
How can the UN
shirk them so
badly? On
April 5, Inner
City Press
asked UN
deputy
spokesperson
Farhan Haq, UN transcript
here:
Inner
City Press:
One of the
points to me
of this report
is the dating
of it.
How did the UN
go forward
after having
this internal
report and
continue to
deny any
responsibility
or nexus
between its
practices and
the
disease?
And what is
your response
to the
Médecins Sans
Frontières
finding in the
magazine
Emerging
Infectious
Diseases that
the count of
9,000 killed
by cholera is
a gross
understatement?
And what is
being done,
not about
future water
in Haiti, but
for the
families of
the people
that were
killed in the
sense of
recompense to
the people who
lost their
homes, can't
send their
kids to
school?
I guess, in
terms of
accountability
to those who
were injured
by the UN's
practices,
what has the
UN done?
Deputy
Spokesman:
The UN has
tried to do
what it can to
work with the
Government, as
I told your Al
Jazeera
colleague, in
terms of
bringing down
the cholera
epidemic.
We have worked
with
them. We
have… as you
know, the
Government has
an action plan
on the
rehabilitation
of its own
infrastructure,
and we've
tried to
support
that.
We're
continuing to
work with them
and hope that
ultimately we
can bring this
crisis to an
end.
Inner City
Press:
But what about
the… I guess,
the
victims.
It seems like
in the context
of sexual
abuse there's
a recognition
by the
Secretariat
that the
people that
were injured
need to be
compensated.
Here there are
more than
9,000 families
injured by
what the UN
did. Has
a single penny
been paid to
them?
Deputy
Spokesman:
As you know,
that's not a
foregone
conclusion and
we've told you
the position
on that.
Inner City
Press:
Because you
don't go to
court and so…
Deputy
Spokesman:
We've told you
what the
position is
which has not
changed.
On
February 25
Inner City
Press was
first to
report that
the appeal in
a case seeking
to hold the UN
accountable
Georges v. UN
had been
scheduled for
oral argument
on March 1 at
the Thurgood
Marshall
courthouse in
Lower
Manhattan. On
March 2, Inner
City Press
asked UN
deputy
spokesperson
Farhan Haq,
video here, UN
transcript
here:
Inner
City Press:
yesterday,
there was an…
a court
argument on
the appeal in
the case about
the UN
bringing
cholera to
Haiti.
And a lot of
argument
turned on the
UN's
continuing
failure to
have set up
any kind of a
claims
assessment
mechanism to
pay the
survivors of
people that
were killed by
the
cholera.
And the US
said that it
could… this
could go to
the ICJ
[International
Court of
Justice].
But, what I
really wanted
to just ask
you directly
is, given the
prominence of
the case,
given what was
said in the
Second Circuit
Court of
Appeals
yesterday, can
you explain
why the UN
never set up
the… a… a
mechanism to
assess claims
and paid any
compensation
to the victims
of cholera
that was
brought… were…
was
presumptively
brought by the
Nepalese
battalion?
Deputy
Spokesman
Haq:
Well, first of
all, I
challenge your
presumptions,
which are not
something that
has been
accepted as
fact.
But, beyond
that, all I
really have to
say is that I
can confirm
that there was
a hearing
yesterday, 1
March, in the
case between
the United
States Court
of Appeals for
the Second
Circuit.
In light of
its immunity,
the United
Nations did
not appear in
court.
The US
Government
attended the
hearing and
asserted the
position that
the
Organization
and its
officials are
immune from
the
lawsuit.
At the end of
the hearing,
the panel of
three judges
reserved their
decision,
which we
understand
will be
delivered at a
later
date.
Consequently,
I wouldn't
have any
further
comment.
Inner City
Press:
Given that the
UN always
speaks against
impunity and
talks about
accountability,
I just want to
square this
position that
what was being
discussed
there, many of
the judges
seemed
sympathetic to
the people
that died
getting no
compensation…
having had no
compensation.
How is the
Secretariat
and Ban
Ki-moon
comfortable
with asserting
unlimited,
unqualified
immunity in a
case of people
killed by… by…
you know,
you're saying
it's not… most
people accept
it, but…?
Deputy
Spokesman:
No, that's not
the case.
Inner
City
Press:
Is that the
reason… if you
thought that
the UN had
done it, would
Ban Ki-moon
pay
compensation?
Deputy
Spokesman:
The… for us,
the bottom
point on
immunities is
one that
applies to a
number of
cases across
the
system.
I'm not really
talking about
this in
particular,
but this is a
part of the
framework of
how the United
Nations was
set up.
Regarding this
particular
problem, the
problem of
cholera in
Haiti — that,
we care about
very
much.
The
Secretary-General
has spoken
about
it. As
you know, he's
visited
Haiti.
He's made
clear his own
feelings of
regret for the
way cholera
has spread and
has affected
the people of
Haiti.
And we have
tried to make
sure that
Haiti gets the
funding it
needs so that
it can deal
with the
cholera
outbreak, so
it has the
medical
expertise that
it needs, and
most
crucially, so
that it can
repair its
infrastructure,
its
sanitation…
its water and
sanitation
infrastructure,
so that it can
actually deal
with the sort
of health
crisis that's
been prepared
by the spread
of
cholera.
We've been
trying to do
our part, and
we continue to
implore
concerned
nations to
support Haiti
and the
Haitian people
in their time
of need.
Inner City
Press:
Will there be
a new [Pedro]
Medrano?
Will [there
be] a
replacement
for Mr.
Medrano?
Because Mr.
[John] Ging
said that the
money is not
being raised
and that the
rate of
donations is
going down, so
what does the
Secretary-General
intend to do
to do all of
the things you
just said?
Deputy
Spokesman:
Well, his
functions have
been taken
over by other
officials,
including
through the UN
Mission there,
MINUSTAH
[United
Nations
Stabilization
Mission in
Haiti].
His time with
the UN is
done.
We do continue
to implore
countries to
give Haiti
both the
funding and
the services,
the sort of
help that it
desperately
needs.
And if further
measures are
needed down
the line,
we'll explore
that.
But, at this
stage, Mr.
Medrano's post
has
ended.
Yes?
Yes.
On
a daily basis
across from
the UN's 43rd
Street
entrance
stands a
Haitian
journalist;
Inner City
Press'
requests to
the UN
including
former
spokesperson
Michele Montas
to get him
re-admitted
fell on the
UN's deaf
ears. Now he
wants to know
the
prospective
Haitian
military
force's size.
On
February 22
through 25,
Inner City
Press when
ousted from
the UN without
any due
process (see
here)
spent hours
with this
figure in the
park,
including
interviewing
him about
Haiti, and the
UN bringing
cholera there.
We'll have
more on this.
7
On
June 18, Inner
City Press
again asked
the UN about
the
deportation
threat, and if
the UN might
follow Jose
Ramos Horta's
advise that it
compensate
victims of the
cholera it
brought to
Haiti:
Inner
City Press: On
Haiti I think
it's, I guess,
on Tuesday,
I'd asked you
about this
planned
repatriation
from the
Dominican
Republic.
And now that a
variety of…
the Mayor of
the City of
New York has
spoken on it
and most
poignantly the
President of
Haiti, Mr.
[Michel]
Martelly, had
said they
won’t accept
individuals
that were not
born in Haiti,
which would
stand to leave
a lot of
people
stateless;
meaning,
Haitians…
“Haitians that
were born in
Santa
Domingo”.
And I've also
read that UN
was attending
meetings
planning for
what was to
happen, so
what is the
UN's position
on this?
Deputy
Spokesman
Haq:
What I can say
on that is the
Dominican
Government has
given
assurances
that it will
apply due
process
standards on
an individual
basis and will
protect
individuals
against
unlawful
deportation.
The United
Nations urges
respect for
international
law and
humanitarian
principles.
In the event
of an increase
in the scale
of
deportations,
the United
Nations calls
for close
coordination
between the
Haitian and
Dominican
Governments to
ensure an
orderly and
transparent
process open
to observation
by the UN and
the
international
community.
The United
Nations
remains
commits to
resolve the
problems of
the people who
are deprived
of nationality
as a result of
the 2013
ruling of the
Dominican
Constitutional
Court.
Inner City
Press:
Thanks.
Also on Haiti,
I wanted… I
meant to ask
you this
yesterday, but
I'll ask
today, José
Ramos-Horta of
the panel in
this room on
Tuesday, on
cholera in
Haiti, said
that he said
he would
believe, you
know, I'm
going to
paraphrase
here, that the
UN should have
paid
compensation
and he brought
up as two
examples
peacekeepers
in
Timor-Leste,
upon knowing
that death had
been caused
inadvertently,
they just
offered to pay
one
individual,
paid his
salary over
his remaining
deployment
there. I
wanted to
know, given he
is a highly
respected
person to be
the head of
the panel, you
know, not as a
“gotcha”, but
is there some
response to
the approach,
the way that
he laid it
out, that
making victims
whole comes
before any
kind of legal
argumentation?
Deputy
Spokesman:
Basically, of
course, as
you're aware
well aware, he
is essentially
expressing his
personal
opinion on
this.
His panel's
work was not
on the
question of
Haiti.
We have heard,
as you know, a
wide range of
opinions over
the years and
have respected
a wide range
of views on
this.
The
Secretary-General
has tried as
hard as he can
to make sure
that the
situation of
cholera in
Haiti is
resolved.
As you have
seen from the
efforts of
Pedro Medrano,
what we are
trying to do
is coordinate
efforts with
the Government
of Haiti and
the
international
community to
see what can
be done to
bring this
cholera
epidemic to an
end. And
so, we will
continue with
those efforts
and we respect
the views of
people
around.
On the legal
question, our
position
remains as it
was.
What
is wrong with
this picture?
UN
official Herve
Ladsous, who
has openly
refused to
answer Inner
City Press
question and
was abetted
in this by
Secretary
General Ban
Ki-moon's
spokesperson
in his last
press
conference,
used that to
brag about
ostensibly
declining
numbers of
sexual
exploitation
and abuse
complaints
against his UN
Peacekeeping:
51 worldwide
for a whole
year.
But now it
emerges that
in Haiti
alone, the UN
Office of
Internal
Oversight
Services
documented 225
women sexual
exploited by
Ladsous'
peacekeepers.
This is a
cover up;
Ladsous should
answer or go.
On June 10,
Inner City
Press asked UN
spokesperson
Stephane
Dujarric, video here, transcript
here:
Inner
City Press: I
want to ask
about sexual
abuse. I'm
sure you've
seen AP's
report on the
OIOS [Office
of Internal
Oversight
Services]
report on
sexual
exploitation
and abuse,
particularly
in MINUSTAH
[United
Nations
Stabilization
Mission] in
Haiti, saying
225 women
testified that
they were
exchange — you
know, asked by
peacekeepers
to exchange
sex for money
or food or
whatever.
So how do you
square this
with the
report made
here by the
Mr. [Hervé]
Ladsous that
only 51 cases
of sexual
exploitation
or abuse were
alleged
worldwide, 51
as opposed to
225 in one
country?
And what's
going to be
done to square
what seems to
be a dramatic
underreporting
by the UN?
Spokesman
Dujarric:
I think the —
first of all,
the report
that you
referred to in
the Associated
Press filing,
as far as my
understanding
is concerned,
it's still a
draft
report.
There's still
comments going
back and
forth, as
usually there
are between
the concerned
department and
OIOS. So
I'm not going
to go into
what's said in
the report.
Obviously,
the issue of
underreporting
is of
concern.
Every case
needs to be
looked
into.
Every case of
sexual abuse
needs to be
looked
into.
The
Secretary-General
is determined
to continue on
the
zero-tolerance
policy.
I think if you
look at the
special
measures
report that
was issued
earlier this
year, I think
it outlines a
number of
steps that
were
taken.
And obviously,
you know, all
sorts of
things are
looked at in
terms of
prohibited
conduct,
discouraged
conduct and
others.
So, you know,
the report's
still in draft
form. I
don't have any
information on
the specific
cases you
mentioned.
Inner
City
Press:
Maybe the
number will
somehow be
reduced, but
what I did
want to ask
you is, can
you say from
this podium
that
peacekeepers
requesting sex
in exchange
for money or
food does
constitute
sexual
exploitation
and abuse, for
the purposes
of this 51
figure that
was thrown out
in this room?
Spokesman
Dujarric:
Again, I'm not
go into
that. I
think if you
look at the
Secretary-General's
special
measures
report, I
think it
outlines those
things and it
answers your
question
This
resistance to
saying that
eacekeepers
requesting sex
in exchange
for money or
food does
constitute
sexual
exploitation
and abuse is
part of the
problem. We'll
have more on
this.
On
June 8, Inner
City Press
asked UN
Spokesman
Stephane
Dujarric first
about the
French forces'
non-inclusion
in Ban's
Children and
Armed Conflict
list, then
about the
whistleblowers,
video
here, transcript here:
Inner
City Press: it
seems like the
abuse the UN
was aware of
in the Central
African
Republic by
the French
Sangaris
forces, was
there any
consideration
of including
them and if
so, why not?
Spokesman
Dujarric:
On the CAR
[Central
African
Republic], the
situation in
the CAR, part
of the CAR was
drafted with
the
information
available at
the time of
the writing of
the
report.
As you know,
the… we do
hope to
announce soon
the external
independent
inquiry which
will shed
light on the
process.
Inner City
Press: I'm
sorry to
reiterate
this.
I'd sent you
these
questions but
wanted to ask
you. I
asked the
Office of High
Commissioner
for Human
Rights who
said that Mr.
Kompass is
going to be
extended,
although he
also said it's
not Geneva's
decision; it's
up to New
York.
And there are
several Member
State who
believe he's
not being
extended--
Spokesman:
No, I have no
indication
whatsoever
that his
contract will
not be
renewed.
Inner City
Press:
It does
apparently
expire in one
month.
Spokesman:
Right.
No, as I said,
I have no
indication
whatsoever
that his
contract will
not be
renewed.
Inner City
Press: ]OHCHR]
had said
something
about
contracts
being
automatically
extended if a
person is
under
investigation.
Is that your
understanding?
Spokesman:
I think that
is very likely
a policy but
as I said, for
Mr. Kompass, I
have no
indication
that his…
Inner City
Press: The
other thing I
asked you is
about Miranda
Brown who was
an… worked
with Mr.
Kompass and
has since been
terminated.
I know that
she wrote a
letter to the
Secretary-General
dated 23 May
saying she's
willing to
participate,
but not if
she's fired by
the UN and has
no
immunity.
Has the
Secretary-General’s
responded to
the letter?
Spokesman:
I don't
believe there
has been a
response.
I don't know
if it was
received.
I don't
believe she
was
terminated, I
think her
fixed-term
contract was
not renewed.
Inner City
Press: What
would you say
to those who
say if you
actually want
to know… this
was a person
who was number
two to Kompass
at the time
involved.
What
arrangements
were being
made to try to
get her
evidence?
Spokesman:
I think we
would have to
leave that to
the panel once
it's named.
As Inner
City Press
analyzed
below, there
is a history
of UN panels
being used to
cover up.
Now Code Blue
has these
three
recommendations:
"First, this
must be a
truly external
and
independent
inquiry.
No member of
existing UN
staff should
be appointed
to investigate
nor to act as
the
investigators’
secretariat.
"Second, it
must be
understood
that top
members of the
Secretary-General’s
own staff will
have to be
subject to
investigation.
This must go
right up to
the level of
Under-Secretaries
General. No
one can be
excluded,
whether the
Director of
the Ethics
Office or the
USG of the
Office of
Internal
Oversight
Services or
the
Secretary-General’s
own Chef de
Cabinet. It
would appear
that all of
them and more
acted
inappropriately
in response to
the dreadful
events in CAR.
"Third, the
reference in
the
Secretary-General’s
announcement
of a review to
‘the broad
range of
systemic
issues’ is
crucial to the
inquiry. What
happened in
the Central
African
Republic was
an atrocity,
but the fact
that the UN
stood silent
for nearly a
year after its
own discovery
of widespread
peacekeeper
sexual abuse
(even if by
non-UN troops)
is itself a
bitter
commentary on
the
Secretary-General’s
declared
policy of
‘zero
tolerance’."
Inner
City Press
would add,
past UN staff
and offiicals
as well.
Consider these
past panels,
as put
together and
at the end
analyzed by
Inner City
Press and the
Free
UN Coalition
for Access:
On 22
September
2003,
Secretary-General
Kofi Annan
appointed Mr.
Martti
Ahtisaari,
former
President of
Finland, to
chair an
Independent
Panel on the
Safety and
Security of UN
Personnel in
Iraq.
The priority
of the
Independent
Panel’s
investigation
of the
“oil-for-food”
programme was
to “get after”
allegations of
corruption and
misconduct
within the
United Nations
itself and,
more broadly,
the question
of the
maladministration
of the
“oil-for-food”
programme,
stated Paul A.
Volcker,
Chairman of
the
Independent
Panel, in a
press
conference at
UNHQ.
The UN
Commission of
Inquiry,
appointed by
Secretary-General
Ban Ki-moon at
the request of
the Pakistani
Government,
reached no
conclusion as
to the
organizers and
sponsors
behind the
attack in
which a
15-year-old
suicide bomber
blew up Ms.
Bhutto’s
vehicle in the
city of
Rawalpindi on
27 December
2007.
The
three-member
panel, which
was headed by
Chilean
Ambassador to
UN Heraldo
Muñoz and
included
Marzuki
Darusman,
former
attorney-general
of Indonesia,
and Peter
Fitzgerald, a
veteran
official of
the Irish
National
Police, urged
the Government
to undertake
police reform
in view of its
“deeply flawed
performance
and conduct.”
Secretary-General
Ban Ki-moon
established
the Panel of
Inquiry on the
31 May 2010
Flotilla
Incident on 2
August 2010.
The Panel
received and
reviewed
reports of the
detailed
national
investigations
conducted by
both Turkey
and Israel.
On 22 June
2010, the
Secretary-General
announced the
appointment of
a Panel of
Experts to
advise him on
the
implementation
of the joint
commitment
included in
the statement
issued by the
President of
Sri Lanka and
the
Secretary-General
at the
conclusion of
the
Secretary-General's
visit to Sri
Lanka on 23
March 2009.
Meanwhile
UN staff
advocates have
written to
Secretary
General Ban
Ki-moon, his
chief of staff
and Ladsous,
among others,
demanding
resignations.
On June 2
Inner City
Press asked UN
spokesman
Stephane
Dujarric, who
Banned any
Inner City
Press question
to Ladsous on
May 29, what
Ban Ki-moon
DID, once he
learned in
March about
the rapes. Video here and embedded below.
Dujarric
said he had
nothing to add
to his
previous
answers. Huh?
Inner
City Press
asked
Dujarric, in
light of OHCHR
Zeid using a
private email
address for UN
business, what
the UN's
record
retention
policy is.
Dujarric said
the policy
must be
available
somewhere. To
this has the
UN descended.
Dujarric said
the
investigation
by Lapointe's
OIOS,
discredited in
the leaked
emails, will
"lead where it
will lead."
But Lapointe
has told OIOS
invstigators
to not go
beyond what
they are asked
to look at --
in this case,
only the
whistleblower.
This is called
a cover up.
When Hillary
Clinton used
the UN
Security
Council
stakeout
to belatedly
answer
questions
about her own
use of private
email while US
Secretary of
State, it was
described as
an accident of
scheduling, or
attempt to use
the UNSC
backdrop to
convey
gravitas. But
the echo now
with Prince
Zeid also
using private
email for
presumably
public
business
raises similar
questions.
Anders
Kompass was
asked to send
his side of
the story --
to a private
email address,
but wisely
declined.
Beyond the
treatment of
Kompass
himself, the
documents show
pressure
brought to
bear on
lower-level
staff to make
and thereby
launder the
high
officials'
desire for an
investigation
of Kompass.
Most
directly, it
is asked, what
UN staff
member will
now report
fraud or
misconduct,
knowing that
OIOS and the
Ethics Office
will then
discuss the
accusations
with their
boss? This is
a question
Inner City
Press on
May 29 asked
UN Spokesman
Staphen
Dujarric, who
Banned
Inner City
Press from
putting a
single
question to
Ladsous - the
question has
yet to be
answered.
UN staff
advocates have
written
directly to
Ban Ki-moon
and his
deputy,
Ladsous and
Atul Khare and
others,
demanding
resignations.
They are
offended by
the exposure
of lack of
independence
at the UN
Office of
Internal
Oversight
Services and
UN Ethics
Office, and
question
whether the US
should cut off
funding under
the 2014 U.S.
Consolidated
Appropriation
Act, section
7048(a)(1)(B).
After reading
those leaked
documents, how
exactly can
the U.S.
Secretary of
State (or
anybody else)
certify that
the UN's
whistle-blower
policy fulfils
the Act's
requirements?
Is there any
"independent
adjudicative
body" in this
chain?
Evidently the
Ethics Office
and OIOS are
not."
The
staff notice
Ban's
appearance at
another
softball
soccer game,
among those
who are
supposed to
hold him and
the UN
accountable.
The call for
Ladsous to
resign out be
fired has
spread from
the African
Group to Latin
America and
GRULAC...
On May 7,
Inner City
Press asked
more questions
about this -
including to
Herve Ladsous
himself.
After a long
closed-door
consultation
meeting of the
Security
Council,
Ladsous
emerged. Inner
City Press
asked him,
based on
Paragraph 9 of
the UNDT
ruling, Why
did you ask
Kompass to
resign?"
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