On
Haiti UN Guterres Blathers With Foreign
Minister No Mention of Cholera In UNGA He
Bans Press From
By Matthew
Russell Lee, CJR Letter
PFT Q&A, NY
Post
UN GATE, Sept 24
– 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 filed
this summer
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."
Now on
September 24
during the
UNGA high level
week Antonio
Guterres has
banned Inner
City Press
from amid its
questions on
this and other
UN scandals,
Guterres
issued this
Haiti read
out, no
mention of UN
cholera: "The
Secretary-General
met with H.E.
Mr. Bocchit
Edmond,
Minister of
Foreign
Affairs and
Worship of the
Republic of
Haiti. The
Secretary-General
and the
Minister
discussed
developments
in the country
and the
ongoing
transition to
the United
Nations
Integrated
Office in
Haiti.
The
Secretary-General
assured the
Minister of
the continued
support of the
United Nations
to
Haiti.
New York, 24
September
2019." Support
like killing
10,000 people
then not
paying a cent?
What a fraud.
We'll have
more on this.
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.
This
is also a
project for
the Free
UN Coalition
for Access,
@FUNCA_info.
Watch these
sites and
feeds.
***
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