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By Matthew Russell Lee, CJR Letter PFT Q&A, NY Post

UNITED NATIONS GATE, June 7 – The UN's introduction of cholera into Haiti, killing tens of thousands of Haitians and injuring a million more, has arrived at the U.S. Supreme Court. A cert petition recently filed states, first on the facts then on the the law - and now an amicus brief on UN impunity, see below -- that

"the United Nations spread cholera throughout Haiti by taking 1,075 peacekeepers from Nepal (where cholera was rampant) and deploying them to Haiti, a nation that had not seen a case of cholera in more than 100 years. App. 11. The UN never tested its Nepalese peacekeepers for the presence of the disease and constructed inadequate sewage facilities on a tributary of a major river used for bathing, cooking and drinking water. Cholera spread quickly. It is estimated that  8 10,000 people died and approximately 1 million were sickened as a result of the UN’s actions."

   Twice now in writing, Inner City Press banned from even entering the UN by UNSG Antonio Guterres amid its questions about UN corruption has in writing asked his spokesmen Stephane Dujarric and Farhan Haq: "On UN impunity and having brought cholera to Haiti, what is the SG's comment and action for UN accountability, if any, now that a cert petition has been filed to put the UN's impunity in Haiti before the U.S. Supreme Court?." Days have passed; no answers.

  On the law the cert petition states:

"Throughout this case, Petitioners believe there has been a reflexive reaction on the part of governments, the courts, and others to pre-judge—to decide, without proper consideration, that the UN is immune, despite the Organization’s own express agreement to be liable and acceptance of responsibility for the damages it has wrought. As a result, there has never been a hearing in open court to consider the issues at the heart of this case, and arguments by Petitioners as to the nonexistence of UN standing claims commissions—or any other binding forum for the adjudication of claims—have been ignored by both the district court and the Second Circuit. Put simply, it has never been explained to the Petitioners by any court how the UN can assume a liability that is enforceable nowhere."

  An amicus brief just filed from Geneva states, "United States Courts denied not only the Petitioners’ fundamental right to access redress in courts, but that of other victims of wrongdoing or negligence committed by international organizations, as are highlighted in the argument section of this brief. This denial is in direct conflict with Constitutional principles of Strict Scrutiny. Federal Courts have been abridging rights of Petitioners in the most broadly tailored way possible: absolute denial of redress.  Notably in Jam v. International Finance Corp., 860 F.3d 703 (D.C. Cir. 2017), the D.C. Circuit held the International Finance Corporation (“IFC”), head- quartered in Washington, D.C., was immune from civil liability in a case arising out of an IFC-funded project. In Jam, the D.C. Circuit struggled to deter- mine the exact extent of IFC immunity. This Court ultimately held that IFC’s immunity was restrictive rather than absolute, like that enjoyed by sovereign states under the Foreign Sovereignties Immunity Act of 1976. IFC immunity comes from the International Organization Immunity Act of 1945,4 but the UN’s immunity is afforded by the General Convention on Privileges and Immunities, ratified by the U.S. in 1972. Here the outcome for Petitioners is the same: they are denied access to redress in United States Courts. In any case, the source of the immunity is irrelevant here. Such immunity is unconstitutional whether granted by Congressional act or a ratified treaty. We urge this Court is to hear the present appeal completing the work started in Jam, finally settling the extent and validity of immunities asserted by all international organizations operating or domiciled within the United States."

  Inner City Press, now daily covering the U.S. District Court for the Southern District of New York while banned from any entry into the UN by Guterres, will be in writing asking the UN about this cert petition, on which amici are soon to be heard from. Watch this site, @InnerCityPress and now @SDNYLIVE.

   Inner City Press emphasized Guterres' failure on accountability for bringing cholera to Haiti to the 23 September 2018 New York Post, here.

  On February 10 amid "unrest" in Haiti that canceled flights Guterres' Mission there issued this: "It is with profound sadness that the United Nations has learned of the deaths of four people as a result of a road accident involving a public transportation vehicle and a UN Armored Personnel Carrier (APC) that occurred tonight, in Canape Vert, a neighborhood of Port-au-Prince, the Haitian capital. According to the preliminary information, one Haitian citizen and eight UN police officers who were also injured in the accident are being treated." And on July 6 after the government announced price increases of 38 percent to 51 percent for gasoline, diesel and kerosene, protests broke out. Protesters were shot and killed by police in the Delmas area of the capital and elsewhere. On June 14, Jack Guy LafontantJack Guy Lafontant resigned as Haiti’s prime minister. This two days after the UN Security Council, which has yet to ensure any recompense for Haitian families harmed by the cholera the UN brought killing 10,000 people, said on July 12 -- when Secretary General Antonio Guterres neither mentioned nor was asked about Haiti in his Press-less press conference (Inner City Press remains UNjustly banned from the UN but asked the IMF about it, here). The UN banned Inner City Press, so it could not ask the question on July 16. Fox News story here ("UN roughs up, ejects, bans reporter from headquarters: Caught on tape"); petition to Guterres here; GAP blogs I and II (“Harassment of US Journalist Intensifies at the UN”).  Guterres through Alison Smale made it a lifetime ban on August 17, with no due process.  On July 16, while awaiting the "investigation" the UN promised, Inner City Press e-mailed Guterres' deputy spokesman Farhan Haq, "Haitian Prime Minister Jack Guy Lafontant resigned, after civilians were killed protesting fuel price subsidy cuts. Again, that is the comment of UNSG and the UN Mission, given what the UN has done there including by introducing cholera and not paying reparations of any kind?"
First there was no answer - Haq couldn't have been busy, with Inner City Press banned there were only four questioners in the day's noon briefing. So Inner City Press asked again, cc-ing Guterres' Deputy Amina J. Mohammed and his Communicator Alison Smale, among others. Haq replied, "your email has been received and we are following up on answers." But by the end of the day, as Inner City Press covered a court hearing about convicted UN bribery Ng Lap Seng, nothing.

  This is a project for the Free UN Coalition for Access, @FUNCA_info. Watch these sites and feeds.

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