Amid
Deportations
from DR to
Haiti, US
Statement, UN
Silence, Rand
Paul?
By
Matthew
Russell Lee
UNITED
NATIONS,
August 14 --
The US has said
it is aware of
the start of
forced
deportations
to Haiti from
the Dominican
Republic, past
8 pm on Friday,
August 14,
full text here
(note that the
UN, at this
time, said
nothing, following
Inner City
Press' question
- will candidate
Rand Paul?)
"Dominican
Republic:
Start of
Deportations
The United
States is
aware of the
decision by
the Dominican
Republic to
begin
deporting
persons who
are deemed
illegally
present in the
country.
We recognize
the
prerogative of
the Dominican
Republic to
remove
individuals
from its
territory who
are present
without
authorization.
At the same
time, we urge
the Dominican
Republic to
avoid mass
deportations
and to conduct
any
deportations
in a
transparent
manner that
fully respects
the human
rights of
deportees.
Deportation
procedures
must adhere to
clear,
publicly
available and
verifiable
protocols and
procedures.
Dominican
nationality
and migration
policies and
practices
should be
consistent
with Dominican
law and the
Dominican
Republic’s
international
obligations
and
commitments.
We urge the
Government of
the Dominican
Republic to
permit the
observation of
deportation
proceedings by
civil society
groups and
international
organizations,
such as the
International
Organization
for Migration
and the Office
of the United
Nations High
Commissioner
for Refugees,
including at
the
borders.
We remain
deeply
concerned that
individuals
with a right
to citizenship
or otherwise
eligible to
remain in the
Dominican
Republic may
not have had
sufficient
time and means
to access the
processes to
regulate and
formalize
their status
and have their
claims
adjudicated.
Therefore, it
is imperative
that the
Dominican
Republic
effectively
screen people
potentially
subject to
deportation to
determine if
they are
Dominican
citizens,
require
international
protection, or
are eligible
for
naturalization
or
regularization.
In all cases,
the Dominican
Republic
should take
measures
adequate to
prevent the
risk of
statelessness
and the
discriminatory
confiscation
of
documents.
We encourage
the Dominican
Republic and
Haiti to
consult and
collaborate
with each
other to
develop
effective
processes and
procedures for
the safe and
orderly return
of migrants
across their
shared
border.
These
processes
should be
consistent
with each
country’s
international
obligations
and
commitments,
uphold the
rule of law,
provide
procedural
safeguards to
guarantee
appropriate
treatment of
deportees, and
facilitate the
immediate
return of
individuals
deported from
the Dominican
Republic who
have a right
of citizenship
or presence in
the
country.
The United
States will
continue to
actively
monitor
developments
in the
Dominican
Republic, and
engage the
Government of
the Dominican
Republic to
ensure the
protection of
human rights,
encourage
social
inclusion of
all people,
and work to
prevent the
arbitrary
deprivation of
nationality
for legal
citizens."
Back
on June 16 with
mass
deportations
threatened
from the
Dominican
Republic to
Haiti, Inner
City Press
asked the UN,
who deputy
spokesperson
Farhan Haq
called it
"hypothetical."
A day later,
New York City
Mayor Bill de
Blasio issued
a statement of
concern about
the threatened
deportations.
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.
Question:
I wanted to
ask about,
well, it's
about the
Dominican
Republic but
regards Haiti
for the UN —
there is this
pending,
sometimes
postponed
decision to
basically
declare
stateless tens
of thousands
or some people
say even over
100,000 people
of Haitian
ancestry that
are in the
Dominican
Republic.
It was said
that the
deadline was
today, and
then it said
the deadline
was in two
days, but it's
basically
reported that
the Dominican
Republic
intends to
expel a number
of people they
believe came
from Haiti in
large numbers
and set up
camps on the
border to do
it and have
chartered
buses.
So, I wanted
to know, first
of all, what
the UN has any
comments on
this decision
but also what
preparations
given the
strain it
might put on
Haiti where
there
continues to
be cholera,
which has some
link to the
UN, and
otherwise,
what
preparations
is the UN
making for
what seems to
be a decision
by the
Government to
expel these
people?
Deputy
Spokesman:
Well, we made
our concerns
about this
issue clear
repeatedly in
the past, both
through UNHCR
in terms of
its concerns
about the
principle of
non-refoulement
and also
concerns about
how this is to
be determined,
whether the
people who are
being
transported
are citizens
of Haiti or of
the Dominican
Republic.
So, we made
clear our
concerns about
this and will
continue to do
so with the
respective
authorities on
the ground.
Question:
Are there
other
preparations
for if it
happens?
Deputy
Spokesman:
Well, at this
stage it's a
hypothetical
situation, so
I wouldn't
have anything
to say on it
right now.
But here's
Bill de
Blasio, a mere
one day later:
“I
am extremely
concerned
about the
potential
forced
deportation
tonight of
hundreds of
thousands of
people from
the Dominican
Republic,
including many
children. I
call on the
Dominican
government to
respect basic
rights
guaranteed to
all people,
including
Dominicans of
Haitian
descent, under
international
law. I also
call on the
government to
prevent the
inevitable
mistakes,
dangers and
humiliation of
forcibly
removing
people from
their homes.
Among the
people most
affected by
this action
will be
Haitians born
in the
Dominican
Republic who
are being
unjustly
stripped of
their
nationality
and legal
status, just
because of
their
heritage. The
Universal
Declaration of
Human Rights
states that
nationality is
a basic right
of all
individuals.
As the mayor
of a proud
city of
immigrants,
home of large
Dominican and
Haitian
diasporas, we
stand by
international
human rights,
and hope to
see a
compassionate
and humane
resolution to
this alarming
situation.”
One
wonders what
Bill de Blasio
thinks of the
UN's refusal
to take any
responsibility
for
introducing
cholera into
Haiti, which
has killed
over 8,000
people? On
June 16, Nobel
Prize winner
Jose Ramos
Horta told
Inner City
Press the UN
should pay
compensation,
click
here for that.
Later on June
17, New York
City Council
member Ydanis
Rodriguez put
this out:
"According
to Dominican
President
Danilo Medina,
there will be
no mass
deportation in
the Dominican
Republic. I
believe that
Dominican
Republic
President
Danilo Medina
will work with
his
counterpart in
Haiti, Michel
Martelly, to
create lasting
solutions to
this problem."
In New York
City, foreign
policy and its
perception can
change,
neighborhood
to
neighborhood.
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.
Miranda Brown
wrote to UN
Secretary
General Ban
Ki-moon:
"I
am a key
witness in the
Office of
Internal
Oversight
Service (OIOS)
investigation
into the
disclosure by
Mr Anders
Kompass,
Director at
the Office of
the High
Commissioner
for Human
Rights
(OHCHR), of
the MINUSCA
report Sexual
Abuse on
Children by
International
Armed Forces
in the M’Poko
IDP camp in
Bangui,
Central
African
Republic to
the French
authorities.
Despite
my appeals to
the High
Commissioner
for Human
Rights Zeid
Ra’ad Al
Hussein, my
employment at
OHCHR was
terminated on
21 May 2015,
one day before
I was
scheduled to
provide
testimony as a
key witness in
the OIOS
investigation.
Please see
attached OIOS’
repeated
requests to
interview me.
As a result of
my
termination, I
now have no
functional
immunity and
given this and
the punitive
termination of
my employment,
I am scared of
testifying in
the
investigation.
I was the
Acting
Director of
the Africa
Branch at
OHCHR in early
August 2014
during the
period shortly
after the
MINUSCA report
came to
OHCHR’s
attention in
Geneva. Mr
Kompass was my
direct
supervisor at
the time.
Emails
document my
involvement
and I was the
key contact
between OHCHR
and MINUSCA
during the
period
immediately
following the
disclosure.
My
testimony to
the OIOS
investigation
would have
supported Mr
Kompass’
decision to
disclose the
MINUSCA report
to the French
Government and
would have
shed light on
many
elements
relating to
the
disclosure. As
such, my
testimony
would also
have been very
embarrassing
and
potentially
problematic
for High
Commissioner
for Human
Rights Zeid
Ra’ad Al
Hussein and
others in the
UN leadership,
who have
publicly
denounced Mr
Kompass for
wrongdoing and
placing
victims,
investigators
and witnesses
at risk.
The
stated reason
for the
termination of
my employment
at OHCHR is
that there is
no position
available for
me at OHCHR
headquarters
in Geneva,
where half of
the roughly
one thousand
OHCHR staff
work. This
explanation is
implausible,
deeply
suspicious,
bears all the
hallmarks of
retaliation,
and is, at
best, an
abject failure
to protect a
key witness
and, at worst,
constitutes
possible
witness
tampering. I
have requested
an
investigation
into the
circumstances
surrounding
the
termination of
my employment
at OHCHR.
I
understand
there may have
been a second
disclosure of
the MINUSCA
report to the
French
authorities by
a female staff
member at
OHCHR, and
that because
of my prior
history as a
whistleblower
at World
Intellectual
Property
Organization
(WIPO),
suspicions may
have fallen on
me as the
source of the
second
disclosure.
This is false.
While I agree
with Mr
Kompass’
decision to
disclose the
report to the
French
authorities
and enjoy good
relations with
the French
Permanent
Mission in
Geneva, I have
had no contact
with the
French
Government on
the MINUSCA
report. The
French
Government
would be able
to confirm
this. I
believe that I
know the
female OHCHR
staff member
who made the
second
disclosure to
the French
Permanent
Mission in
Geneva. I do
not expect her
identity will
be revealed as
she would then
herself become
at risk of
reprisal.
Secretary
General, if
you would like
my testimony
in the OIOS
investigation
and for this
investigation
to have any
credibility at
all, you will
need to
immediately
reinstate me
in a P5 level
position in
Geneva, if
necessary in
another UN
organisation
or entity. I
shall be
willing to
testify in
this
investigation
or another
inquiry if one
is launched,
once my
functional
immunity is
restored, my
job is safe
and I no
longer fear
retaliation.
I am sure you
will agree
that the
Member States
of the United
Nations expect
the
investigation
into Mr
Kompass’
disclosure of
the MINUSCA
report to the
French
authoritiesand
any subsequent
inquiry into
these matters
to be
thorough,
fair,
transparent
and impartial.
This
will not be
the case
without my
testimony,
however
inconvenient
this might
prove to some
in the UN
leadership."
What will Ban
do, now that
he has
belatedly said
he will
appoint an
“independent”
Panel?
Meanwhile,
amid reports
that OHCHR
would not
extend
Kompass'
contract,
Inner City
Press asked
OHCHR
spokesperson
Rupert
Colville to
“confirm or
deny this
decision to
not extend
this fixed
term
contract.”
Colville has,
in fact,
denied,
writing to
Inner City
Press that
“It
is not true.
Like all the
rest of us,
Anders's
contract has
an end date
(which is
indeed some
time in July).
The High
Commissioner
will request
that it be
extended (the
final decision
for someone at
Anders's very
senior D2
level is in
fact made in
New York not
Geneva).
However, when
someone's
contract ends
while they are
under
investigation,
an extension
is
automatically
granted
anyway.”
The answer is
appreciate.
But why didn't
that policy
apply to
Miranda Brown?
Watch this
site.
On
June 3, after
Secretary
General Ban
Ki-moon
announced an
intention to
name an
independent
panel at least
14
UN member
states met
about its
terms of
reference and
to whom beyond
Ban it should
report, as
Inner City
Press exclusively
details
below.
Now Inner City
Press reports
on the June 5
meeting
between four
of those
states --
minus South
Africa - which
met on June 5
with Ban
Ki-moon and
more than a
half dozen
other
officials,
including
Deputy
Eliasson, DFS'
Atule Khare,
Herve Ladsous'
fill-in and
others.
The states --
the UN
identified
them as
Australia,
Guatemala,
Japan
and Finland,
though the
last was
Norway -- went
in with a
series of
positions and
questions,
including:
"We
are concerned
by the damage
that these
incidents, and
their
follow-up,
have done to
the UN’s
reputation and
credibility in
an area where
the UN is
expected to
uphold the
highest
standards and
values.
The review
must be
conducted in
an expeditious
manner and the
results must
be fully
transparent.
It is crucial
that the
review looks
at the whole
chain of
events,
including the
senior
management’s
decisions
leading to
disciplinary
action against
Mr. Anders
Kompass. This
has cast doubt
about the
credibility of
the UN’s human
rights
commitments in
field missions
and about the
integrity of
its
whistleblower
policy.
It
is crucial to
remove any
doubts that
the UN is
fully
committed to
preventing
sexual
exploitation
and abuse and
to ensure
effective
investigation
of any such
allegations in
field
missions. In
addition,
accountability
for
perpetrators,
and protection
and assistance
to victims,
must be
ensured.
Questions:
What will be
the scope of
the
Independent
External
Review (CAR
only? The UN’s
handling of
the
investigation,
SEA more
broadly?)
To what extent
has the Human
Rights Up
Front approach
been applied?
Will the
review look at
institutional
reforms to
better address
cases of SEA,
including
timely
reporting and
action in
cases of
abuse?
Will
the review
look at the
protection of
whistleblowers?
What is the
status
regarding the
pending case
against Mr.
Anders Kompass
– in light of
doubts that
have been
raised about
this process?"
In fact, Inner
City Press is
informed that
OHCHR and Zeid
personally are
poised to not
renew Kompass'
fixed term
contract, set
to expire on
July 8, 2015,
and to give
the required
one month
notice by June
8.
Inner City
Press in
response to
the UN
read-out on
the evening of
June 5
formally asked
the UN
Spokesman: "I
have heard
that UN OHCHR
has decided
not to extend
Anders
Kompass' fixed
term contract,
which is set
to expire on
July 8, 2015.
I understand
that under UN
rules, he must
be given one
month's notice
and will thus
need to
receive
notification
by no later
than Monday
June 8, 2015.
"Given the
allegations of
retaliation
(and the UNDT
ruling),
please confirm
or deny this
decision to
not extend
this fixed
term
contract."
This
retaliation,
despite US
Mission
attempts to
protect the
UN, could
result in
funding cuts
or at least
damaging
hearings. But
as with
Ladsous, high
UN officials
are allowed to
operate out of
control in
their
fiefdoms.
In response to
the above,
Inner City
Press can
exclusively
report these
UN responses:
The
Office of the
High
Commisioner
for Human
Rights is
sending a team
to the Central
African
Republic.
Regarding the
External
Independent
Review, it was
assured that
it will be
done by
someone
completely
outside the
UN, also
excluding the
UN’s own
investigative
capacity. It
was still not
decided who
would lead the
panel, but it
would consist
of at least
one woman and
one African.
It would
examine the
specific case
of allegations
in the Central
African
Republic, but
also look at
the broad
range of
systemic
issues being
raised.
Regarding the
time-frame and
further ToR’s
of the Review,
this would be
discussed
after the
meeting and be
determined
shortly.
Regarding the
case of Anders
Kompass, it
was pointed
out that the
separate
investigation
was ongoing,
and the
outcome must
be awaited
before further
comments.
But if Zeid
intends to not
extend Kompas'
fixed term
contract, that
part of it is
moot. And Ban
is heading off
on another
long trip.
Watch this
site.
Note:
three days
after Inner
City Press
exclusively
reported that
Ban told the
ambassadors he
would name an
African and a
woman, slower
others are
repeating it,
citing
"diplomats."
That's the UN
beat.
An emerging
and damaging
question for
the UN is who
knew what,
when. Inner
City Press
asked when Ban
knew of the
alleged child
rapes --
"March" is now
the answer.
There was a
retreat of all
senior UN
officials in
Turin, Italy
on March
18-19, 2015.
This was days
after Kompass
says he was
told the
French Under
Secretary
General for
Peacekeeping
Operations
Herve Ladsous
wanted him to
resign.
(Ladsous now
denies this,
see below.)
In Turin,
Ban's chief of
staff Susan
Malcorra put
together the
ostensibly
independent
Ethics Office
and Office of
Internal
Oversight
Services,
calling into
further
question the
UN's claimed
whistleblower
protections.
If Ban's chief
of staff knew
of the alleged
child rapes,
it is
difficult to
believe Ban
didn't know.
But what did
he do?
Which
of the other
high UN
officials
present in
Turin learned
there or
before about
the alleged
child rapes,
by then
already
covered up for
months? There
is a photo of
the
participants.
UN in
Turin, March
19, 2015 UN
Photo/Eskinder
Debebe ICP:
Who knew?
These
include some
who want to
run to replace
Ban, or for
other high
positions. We
will have more
on this.
The UN did not
give the
report to the
host country
authorities in
CAR. And
according to UN
documents
-- on May 29
released in
more detail by
Code Blue
naming Ladsous
directly, here
-- UN
Peacekeeping
chief Herve
Ladsous then
urged that the
whistleblower
Kompass be
forced to
resign.
The
documents also
implicate a
number of
other UN
officials, and
French
government
inaction, see
below. After
Press
questioning
turned to UN
Secretary
General Ban
Ki-moon, what
he knew and
when he knew
it, Ban on
June 3
announced an
intention to
set up an
"independent"
Panel. Inner
City Press
asked if it
will report
only to Ban --
yes. This is a
problem.
Video
here.
On June 3 a
meeting was
convened to
seek answers
and
improvement on
the UN's
response, by
Guatemala and
Norway, with
attendees from
all UN
Regional
Groups, see
below. Inner
City Press has
spoken with
several
members;
Norway will be
requesting a
meeting for
the group with
Ban Ki-moon,
on topics
ranging from
to whom the
Panel will
report to its
Terms of
Reference to
the actions of
OIOS and the
Ethics Office.
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 30,
OHCHR for
Prince Zeid
issued a
statement
beginning, "In
the wake of
the
revelations of
alleged
serious sexual
abuse of
children."
But
Zeid was told
of the
allegations
long before
their
"revelation"
via leaks. And
tellingly, he
continued to
mistakenly
think and say
the rapes were
in Mali and
not CAR.
Likewise,
both UN
Peacekeeping's
Herve Ladsous
-- listed as
urging the
whistleblower
to resign,
which he
denies while
refusing to
take questions
on -- and
Secretary
General Ban
Ki-moon both
knew of the
alleged child
rapes by "the
Spring," but
did nothing.
This
requires an
investigation,
and not by the
UN's Office of
Internal
Oversight
Services,
shown to not
be
independent,
told to meet
Zeid and the
UN Ethics
Office by
Ban's chief of
staff Susan
Malcorra.
Inner
City Press
reported on
some of the
documents and
went to
Ladsous' rare
press
conference on
May 29
(International
Day of UN
Peacekeepers)
in order to
ask some
questions. Video here.
But
Secretary
General Ban
Ki-moon's
spokesman
Stephane
Dujarric,
choosing who
could ask
questions,
refused to
call on Inner
City Press,
even for
Ladsous to
say, as he did
under
Dujarric's
predecessor
Martin
Nesirky, "I
don't respond
to you,
Mister."
So
Inner City
Press
objected, on
behalf of the
new Free UN
Coalition for
Access (the
old UNCA has
become part of
the problem)
and asked
questions, video here, transcript
here.
The
documents also
call into
serious
question the
claims of
"independence"
from the
office of Ban
Ki-moon of the
Office of
Internal
Oversight
Services and
the UN Ethics
Office.
Consider this:
OIOS head
Carman
Lapointe, writing
to James
Finness (still
in charge of
the
"investigation"
spokesman
Stephane
Dujarric
continues to
use as an
excuse to not
answer
question),
noted that at
the UN staff
retreat in
March "I
received an
urgent email
from the CdC
[Ban's Chef de
Cabinet Susana
Malcorra] to
meet with
Zeid, Flavia
and Joan."
So OIOS
is not
independent -
it can to
told, by Ban's
chief of
staff, to meet
with
collaborate
with the
Ethics Office
as well as
OHCHR's Zeid
and Pansieri.
Inner
City Press
previously
reported on
and asked
Dujarric about
OIOS' flawed
process and a
high profile
recusal, see
below.
As
noted, Inner
City Press
reported on
some of the
documents and
went to
Ladsous' rare
press
conference on
May 29
(International
Day of UN
Peacekeepers)
in order to
ask some
questions.
But
Secretary
General Ban
Ki-moon's
spokesman
Stephane
Dujarric,
choosing who
could ask
questions,
refused to
call on Inner
City Press,
even for
Ladsous to
say, as he did
under
Dujarric's
predecessor
Martin
Nesirky, "I
don't respond
to you,
Mister."
So why did
Nesirky allow
Press
questions to
Ladsous, and
Dujarric
didn't?
Dujarric set
the first
question aside
for "UNCA" --
but called on
an individual
who was not
elected to
their board,
who lost the
election; her
question was a
vague softball
offering
Ladsous a
chance to
comment on
Central
African
Republic. He
said, it was
one nation,
not under blue
helmet.
But
Ladsous'
MINUSCA
mission knew
of the sexual
abuse since at
latest August
5, 2014. Inner
City Press
said, "Follow
up on CAR?"
Dujarric
called on
Reuters, which
previously
wrote to him
trying to get
Inner City
Press thrown
out of the UN
(then filed to
get his leaked
complaint
blocked or
Banned from
Google's
Search, here.)
Reuters did
not even aske
about the CAR
sexual abuse.
What
emerged is
that both
Ladsous --
and,
troublingly,
Ban Ki-moon --
were formally
informed of
the sexual
abuse of
children in
CAR "in the
spring."
What date? And
what did they
do?
Dujarric said,
"last
question;" as
Ladsous left
the room Inner
City Press
asked Ladsous
about him
speaking about
the
whistleblower
Kompass with
OHCHR's Zeid,
also a subject
of the new
documents --
no answer.
Inner
City Press
objected to
Dujarric, who
has fielded or
dodged a dozen
Inner City
Press
questions
about the CAR
rapes and
Ladsous' role,
not even being
allowed to ask
a question.
Dujarric said,
"Noted." Video
here.
And
what? Again,
Dujarric's
predecessor
Nesirky, and
his deputy Del
Buey, allowed
Inner City
Press to put
questions to
Ladsous. What
if the
difference?
We'll have
more on this.
On July 30,
2014,
Ambassador
Nicolas
Niemtchinow,
Permanent
Representative
of France to
the UN in
Geneva wrote
to
Kompass that
action was
being taken.
But then,
nothing.
On
August 5, 2014
the Human
Rights Officer
in CAR of
OHCHR wrote to
Renner Onana
of the
already-then
UN mission
MINUSCA;
DPKO's SRSG
Babacar Gaye
was
referenced.
So when did
Gaye or
MINUSCA tell
DPKO chief
Ladsous?
Tellingly,
even the UN's
cover up was
delayed by
High
Commissioner
Prince Zeid
thinking he
heard of
French troops'
sexual abuse
in MINUSMA
(Mali) and not
MINUSCA (CAR).
Zeid
asked his
predecessor
Navi Pillay if
she met with
French
representatives
about rapes in
Mali -- the
answer was no
-- then much
later asked
her if she'd
met with the
French about
CAR (the
answer was
yes.)
It was
Zeid's Deputy
Flavia
Pansieri who
conveyed
Ladsous'
directive to
Kompass to
resign. Zeid
in his
statement
makes much of
Pansieri
meeting with a
Swedish
diplomat in
the street, in
casual
clothes, after
Sweden raised
l'affaire
Kompass at a
dinner in
honor of Ban
Ki-moon's
Deputy Jan
Eliasson. THe
UN's move now
seems to be to
try to lay all
blame on
Pansieri,
whose term was
expiring
anyway. We'll
have more on
this.
"On 12 March
2015 meeting
with the
Deputy High
Commissioner I
was informed
that the High
Commissioner
requested my
resignation
for the way I
dealt with the
reports of
paedophilia in
the Central
African
Republic. I
was told that
the High
Commissioner
had been asked
for my
resignation by
Mr. Ladsous,
Under
Secretary-General
for the
Department of
Peacekeeping
Operations in
New York,
during a visit
of the High
Commissioner
to New York."
Absent from
the UN Fifth
(Budget)
Committee's
May 18 meeting
was not only
embattled
Peacekeeping
chief
Ladsous,, but
also OIOS'
Carman
Lapointe.
In
her stead for
OIOS was
Michael
Stefanovic,
who told the
Fifth
Committee that
he has recused
himself from
the
investigation
and has
written to
Secretary
General Ban
Ki-moon as to
why.
This is highly
irregular. If
the recusal
was made on a
personal
connection
between
Stefanovic and
the
whistleblower
Anders
Kompass,
Stefanovic
would have
recused
himself from
the earlier
investigation
- but he
didn't. If it
were such a
recusal, he
would have
written to
Lapointe, and
not to the
S-G.
For now we add
this -- if
OIOS Director
Stefanovic has
a conflict of
interest, how
can the UN be
asking others
to rely on an
OIOS
investigation?
Inner City
Press has
asked a
Permanent
Member of the
Security
Council -- not
France -- if
an OIOS
investigation
would be
sufficient,
and has been
told "No."
Now
we have this,
from the Fifth
Committee's
May 20
meeting:
Lapointe,
summoned to
the meeting
via her
Byun-kun Min,
was asked
-When
did OIOS/ID
start the
investigation
into Anders
Kompass?
-Why
did Mr.
Stefanovic
recuse himself
from the
Kompass
investigation?
-In
view of Mr.
Stefanovic
recusing
himself, did
Ms. Lapointe
see any
impediments
for the scope
of the
investigation,
especially as
it appeared to
implicate an
ASG or USG in
misconduct?
Note - this is
a reference to
UN
Peacekeeping
USG Ladsous.
Multiple
sources tell
Inner City
Press Lapointe
replied that
Stefanovic
told only the
Secretary
General, not
her, that he
recused
himself, and
that the
Deputy
Director of
OIOS in Vienna
is now
"overseeing"
the
investigation.
So
those now on
the case are
James Finniss,
Kanja and
Margaret
Gichanga --
who has been
asking to
interview WIPO
whistleblower
Miranda Brown,
who worked
alongside
Kompass for a
time. We'll
have more on
this. It is a
new low for
the UN.
Back
on May 18,
Inner City
Press, staking
out the Budget
Committee
meeting, spoke
with Ban's
chief of staff
Susana
Malcorra when
she left the
meeting. Here
is a
transcript,
followed by an
exclusive
summary of
what happened
inside the
closed
meeting.
Inner
City Press:
How did it go
in there? Are
their
questions
answered?
CdC
Malcorra: Well
I hope, yes.
Some of them
still have
questions that
will be
answered by my
colleague. I
think I’ve
made a point
of what it is
that we’re
discussing
here. This
investigation
is a UN
investigation.
It was led by
the UN in the
field when
they had
allegations
handed to
them. It was
the human
rights cell in
the mission
that led this
investigation.
It looks like
we were
absent, but it
was us...
And
this
investigation
could, at
least prima
facie, there
were places
clear enough
to further
investigate by
the member
state. And as
such, the
information
was provided
to a member
state. On a
separate
front, is how
the
information is
provided. And
we cannot
accept the
irresponsibility
of the names
of the
victims, the
witnesses and
the
investigators
shared with
the member
states ...
it’s
inacceptable.
It may look
like a
bureaucratic
approach. It’s
not a
bureaucratic
approach...
Inner
City Press:
What about not
telling
Central
African
Republic
authorities?
CdC
Malcora: They
are discussing
that now.
After the
meeting ended,
and Inner City
Press spoke
with numerous
attendees - a
common refrain
was that the
UN leadership
is "in denial"
- we have
pieced
together this
summary of the
meeting, and
the totally
insufficient
answer on UN
Peacekeeping
chief Ladsous'
role, a lack
of recognition
of his UNAMID
mission's
previous cover
up of rapes in
Tabit in
Darfur, which
the US and UK
and other say
they care
about, and
lack of follow
up on
whistleblowers.
Attendees'
summary of Ban
Ki-moon chief
of staff
Malcorra:
"Malcorra
said she had
no idea the
session would
go into the
specifics of
CAR, she
thought it was
to touch upon
general Sexual
Abuse and
Exploitation
policy
(several
attendees were
dubious and
angry about
this
approach.)
Malcorra said
that in the
case of
misconduct by
UN staff the
procedures
were in place.
In this case,
even when it
was not UN
peacekeepers
the human
rights cell in
Bangui was
there and they
were the ones
that initiated
the
investigation.
It is thanks
to the UN that
allegations
were
substantiated
and it was
enough to
decide to
proceed with a
further
investigation.
The wrongdoing
of the UN
staffer Anders
Kompass was to
have shared
the
information
without it
being redacted
putting the
victims,
witnesses and
investigators
lives in
danger. She
repeated many
times this was
a serious
breach and
that she
disagreed with
anyone that
didn’t view
this conduct
wrong.
According to
Malcorra the
UN
investigation
lasted three
months which
allowed them
to
substantiate
the
allegations.
When that
finding was
final it went
to the two
lines of
command: The
head of
mission in CAR
and the
OHCHR.
But, several
asked, why
didn't either
of these tell
the CAR
authorities?
Malcorra
said she would
have preferred
this case
hadn't
surfaced in
the media and
that it is
regrettable
member states
have had to
learn matters
from the
press. But
that, Malcorra
said, member
states have to
be aware that
the press
manipulates
everything.
Several states
talked about
the UN image
and
credibility to
which Malcorra
said she was
very sad with
those comments
because if not
for the UN
these troops
could have
gotten away
with these
disturbing
acts. She also
said this was
a clear case
of damned if
you do damned
if you don’t.
But what about
the cover up?
What about
Ladsous?
Malcorra said
that “no other
element had
been taken
into account”
for Kompass'
firing. But
member states
were aware of
Paragraph 9 of
the UN Dispute
Tribunal
ruling
reinstating
Kompass. As
noted, one
Permanent
Representatives
(and several
other
diplomats)
told Inner
City Press
that Ladsous
should resign.
Tellingly, the
sources say,
Malcorra
claimed didn’t
recall any
UNAMID coverup
allegations.
Tabit?
Malcorra
didn’t even
address the
Otis report on
whistleblowers
- which Inner
City Press has
been asking
Ban's
spokesman
about,
repeatedly --
but assured
member states
that due
protections
are in place
and that an
adequate
policy exists.
Malcorra said
she looks
forward to
working
further on the
UN convention
in paragraph
57 of the SG
report on SEA
and agrees
that there are
systemic
flaws, and
therefore
there will be
a review of
all the
processes.
According to
sources in the
meeting --
Inner City
Press asked
and was told
to inquiry
with member
states --
the
Legal Counsel
and head of
OLA qualified
as excellent
the
cooperation
with the
French
Authorities
and that the
lifting of
immunity so
far hasn’t
been necessary
because at
this stage its
very general
requests of
information
that the UN
promptly has
given to the
French
authorities.
For the sake
of efficiency
hasn’t gone
through the
lifting of
immunity
process but if
a trial or
judge becomes
involved they
will do it
quickly at a
later stage.
Several member
states were
dubious. The
EU, Inner City
ress is
informed, said
“accountability
starts at the
top.”
Malcorra
left
unanswered why
the host
state, the
CAR, was not
involved. She
is said to
have ignored
the specific
question on
the status of
the OIOS
investigation.
She ignored
the complaints
about
under-reporting
saying that
the trend of
decrease was
very clear and
that the USG
of DFS would
go into
details (what
he did,
genially, was
repeat the
Secretary
General's
report).
An impartial
investigation
was called
for, from both
sides of the
Atlantic and
elsewhere.
There was a
refrain
afterward:
Ladsous should
resign."
A well-placed
African
Permanent
Representative
before the
meeting told
Inner City
Press before
the meeting
that Ladsous
should resign.
But with him
conveniently
absent, would
others be left
holding the
bag, trying to
explain why
he, Ladsous,
appears in the
UN Dispute
Tribunal
ruling as
urging that
the
whistleblower
resign?
Back on May 8,
Inner City
Press asked US
Ambassador
Samantha Power
about both
issues - the
UN's failure
to tell the
CAR
authorities,
and Ladsous'
"surprising"
role, as High
Commissioner
Zeid put it
earlier in the
day. Video
here and
embedded
below. Then
Inner City
Press asked
the UN
Spokesman,
Stephane
Dujarric,
about the
contradiction;
for the first
time, he gave
a timeline.
Here
is the video
of Inner City
Press
questions to
US Ambassador
Power:
It is an
answer that
may move
things
forward.
Ladsous, it
should be
noted, just
this week
snubbed a Joe
Biden-linked
Hemispheric
peacekeeping
conference in
Uruguay,
wasting an
$8,000 first
class plane
ticket and
angering many
troop
contributing
countries. He
refuses to
answer Press
question, for
example on
rapes in
Minova, DRC
and Tabit in
Darfur.
As noted, on
May 8, High
Commissioner
Zeid held a
press
conference,
and twice
refused to
comment on why
Ladsous was
said to have
pressured to
fire or
suspend the
whistleblower.
Inner City
Press has
covered
Ladsous' role
from the
beginning, and
highlighted
his appearance
in Paragraph 9
of the UN
Dispute
Tribunal
ruling
reinstating
Kompass. On
May 7, Ladsous
told Inner
City Press, "I
deny that" -
then refused
to take
questions.
Zeid
was asked, and
first time
said he should
first give his
view of the
pressure to
the
investigator,
not the media.
The
second time,
he said he was
surprised to
read it -- his
Office did not
contest that
part of the
ruling,
effectively
admitting it
-- and that
the head of UN
Peacekeeping
should not
have been
intervening
about a non-UN
force. Video here.
Neither
he nor the
questioners in
the room in
Geneva said
the obvious:
Ladsous is a
longtime
French
diplomat; it
is not rocket
science to
read Paragraph
9 as him
(inappropriately)
still working
for "his"
country.
Zeid
said other
things we'll
report later;
he alluded to
the need for a
Commission of
Inquiry. Some
ask, will
Ladsous quit
before then?
Or after?
Early on May
8, UN system
staff
complained to
Inner City
Press that UN
High
Commissioner
for Human
Rights Prince
Zeid of
Jordan, in a
closed staff
meeting on May
8, tried to
downplay the
scandal, going
so far as to
blame imams in
Bangui for not
playing their
role.
But it was
OHCHR which
didn't even
give the
report of the
rape of CAR
children to
CAR
authorities,
only to the
French.
In places,
Zeid appeared
to try to use
his record ten
years ago on
sexual abuse
to shift the
blame to
imams.
Inner City
Press has
shown a
failure by his
Office to act
on past
leaking, to
Morocco. We'll
have more on
this.
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?"