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After US Supreme Court Ruling in Jam vs IFC UN Guterres Impunity For Censorship Questionable

By Matthew Russell Lee, CJR PFT CEFC Video

UNITED NATIONS GATE, February 27 – How lawless is the United Nations of Secretary General Antonio Guterres? In mid 2018 it roughed up Inner City Press which asked about Guterres' corruption on Cameroon and the China Energy Fund Committee, then refused to waive immunity even as to the UN Security officers who roughed up the Press and refused to give their names. But now the U.S. Supreme Court on February 27 has ruled against such total impunity for international organizations, in Jam v. International Finance Corporation. From the Court's syllabus: "the fact that the President has power to modify otherwise applicable immunity rules is perfectly compatible with the notion that those rules might themselves change over time in light of developments in the law governing foreign sovereign immunity. The Atkinson court also did not consider the opinion of the State Department, whose views in this area ordinarily receive “special attention,” Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co., 581 U. S. ___, ___, and which took the position that immunity rules of the IOIA and the FSIA were linked following the FSIA’s enactment." Watch this site.

In the midst of Inner City Press' questioning in 2018 about Guterres' links to now convicted UN bribery Patrick Ho's China Energy Fund Committee and Guterres' failures on Cameroon and elsewhere, his UN Security twice roughed up Inner City Press on June 22 and July 3, 2018.

Then after Inner City Press filed a New York Police Department complaint against the UN and its Lieutenant Ronald E. Dobbins, Inner City Press as banned from entering the UN in retaliation.

After a UN "review" that did not include any opportunity to be heard for Inner City Press, Guterres' Under Secretary General Alison Smale on 17 August 2018 issued a letter "withdrawing" Inner City Press' UN media accreditation. Smale was asked how Inner City Press could appeal, including by UN Special Rapporteur on Freedom of Expression David Kaye, but did not answer that.

On 3 September 2018, facing the prospect of being unable to enter the UN to cover the General Assembly "high level" week for the first time in a decade, Inner City Press submitted an application for accreditation. But there was no action on it - in fact, during high level week, it emerged that Inner City Press had been put on a non-public "barred" list such that even if invited by a member state or UN agency, it could not enter the building.

Patrick Ho of CEFC was convicted on 5 December 2018. Inner City Press again exclusively reported that Guterres had failed to include his paid position on the board of the Gulbenkian Foundation in his Public Financial Disclosure covering 2016 - and that Gulbenkian in 2018 was trying to sell its Partex Oil and Gas affiliate to CEFC as Guterres refused to audit CEFC and had Inner City Press which asked roughed up and banned.

And now on 2 January 2019 Smale's Media Accreditation and Liaison Unit has issued a denial of Inner City Press' September application for accreditation, stating only that

"Greetings Matthew LEE from ICP     INNER CITY PRESS, 

Your media accreditation request, with reference no: M72295425, has been declined for the following reason: Accreditation was withdrawn on 17 August 2018."

  This is Kafka-esque. Accreditation was withdrawn without any hearing or chance to appeal, but that decision is used to deny future accreditation. While preaching about due process and freedom of the press, Guterres' UN has a "one strike and your out" policy - even if there is no strike. The alleged violations were filming in place Smale's own MALU staff told Inner City Press it could film with out an escort, and recording her deputy in a known media stakeout position.

   Guterres is a censor, to conceal his own conflict of interest. He has failed many people, including the Anglophones being killed by the Cameroon government of Paul Biya, from whom Guterres accepted a golden statue and Budget Committee favors. This is corruption and the reporting on and exposing of it will not cease. No due process censorship by the UN is UNacceptable.

While Guterres was refusing throughout 2018 to begin any UN audit into China Energy Fund Committee, implicated in the UN bribery prosecution US v Patrick Ho, Guterres had a secret: his role on the board of Gulbenkian Foundation which was trying to sell its Partex Oil affiliate to CEFC. See Inner City Press' first exclusive report here.

  Today Inner City Press continues its exclusive series on some of the CEFC connections in and through the UN that should have been identified in the audit that Guterres corruptly refused to begin, with his conflict of interest. (Even his predecessor Ban Ki-moon ordered an audit after Ng Lap Seng was indicted - Guterres still hasn't after Patrick Ho was convicted.)

   It's time to consider the Guterres-like hypocrisy of Gulbenkian, publicly tying itself to the "blue ocean economy" while taking money from the oil company Partex they tried to sell to CEFC which Guterres has covered up for. Antonio Guterres was a paid board member of Gulbenkian; his wife Catarina Vaz Pinto was paid by them as well. Antonio Guterres' daughter Mariana Guterres actively promotes Gulbenkian (as well as, troublingly, dead children in Kenya); his daughter in law Vanda Onnesjo Lobo gushes about its causes.

  In fact, Gulbenkian which tried to sell its Partex Oil to CEFC in 2018 partners with "Oceano Azul Foundation" - which just happens to have in 2018 hired Antonio Guterres' daughter in law Vanda Lobo, see here. Given Gunbenkian's business dealings with UN briber CEFC, shouldn't this all have been disclosed? Isn't it an abuse that Antonio Guterres would have the only media asking about it roughed up and banned? This is UN corruption.

(His son Pedro Guimarães e Melo De Oliveira Guterres, after being a part of the defrauding of PT Portugal as it was passed from Brazil's Oi to France's Altice, seems to have gone to ground, with not a single legitimate question about his business links answered).  But now in 2018 - and according to Guterres' publicly funded propaganda, 2019 - it is all a front. Guterres has shown himself willing to rough up a journalist who asked about this and more, banning the Press for 182 days with no end in sight.

  Consider Guterres' lead spokesman Stephane Dujarric has family links to Gulbenkian. Inner City Press asked Dujarric in writing to disclose these (no answer, and Stephane Dujarric blocks @InnerCityPress on Twitter), just as it asked him in person why CEFC wasn't being audited in March 2018, before Dujarric and Guterres had Inner City Press roughed up and banned, 238 days now. 

  Why did Gulbenkian take down its webpage disclosing that Guterres remained on board into 2018? Why - sixteen months after Guterres ostensibly left - did they wait until February 2018 to tweet that he left? Because their negotiations with CEFC became public (see 2 February 2018 Bloomberg here, and 6 February MacauHub here: "CEFC China Energy buys Portugal’s Partex Oil & Gas.")

  In any event, Guterres' "2017" Financial Disclosure, which explicitly says it covered the year 2016 in which even in this new story he remained on Gulbenkian's board into November, more than 80% of the year - did not disclose his role in Gulbenkian, only on the Club of Madrid. Guterres has had previous financial disclosure omissions, for example in Portugal, here. CEFC was hardly unknown: it bought a Portuguese insurance company in November 2017, here.

    Guterres' failure to disclose and, separately and even more so, his refusal to audit CEFC in the UN was a direct conflict of interest, which he has tried to cover up by roughing up and banning Inner City Press which asked him about it. (See January 2018 press conference here, July 2018 roughing up by Guterres' UN Security here, banning letter via Press Freedom Tracker here.)

Three times now Dujarric, his deputy Farhan Haq and Office of the Spokesperson colleagues Marcia Soares Pinto and Keishamaza Rukikaire, as well as Guterres, his chief of staff Maria Luiza Ribeiro Viotti and Deputy SG Amina J. Mohammed have refused to answer this: "Beyond the 36 questions from Inner City Press you refused to answer last week, still set forth below for promised answer, this is a reiterated request past deadline that you (1) state when SG Guterres left his position on the Gulbenkian Foundation, (2) state why Gulbenkian was not listed on SG Guterres' public financial disclosure which covered 2016; (3) explain how it is not a conflict of interest for SG Guterres to have refused to start an audit of CEFC in the UN, as requested by Inner City Press in January 2018, given CEFC's bid for the oil business of Gulbenkian. Also, again, state why under SG Guterres there have been no updates to the UN public financial disclosures since those filed for 2016. Also, again, explain your refusal to answer any of Inner City Press' questions this week despite USG Smale's statements to GAP, me and UNSR David Kaye." No response at all, even as spokesman Dujarric for example tweets at actor Seth Rogin. Dujarric, as simply one example, on 1 March 2018 evaded Inner City Press' in-person questions about CEFC and Guterres, less than a month after Gulbenkian said Guterres was off the board, amid oil negotiations with CEFC. Video here. Then Guterres and Dujarric had Inner City Press roughed up and banned from the UN. Guterres' wife Catarina Vaz Pinto also worked for Gulbenkian. This is today's corrupt UN.

   For years Guterres received money as a board member of the Calouste Galbenkian Foundation, which despite its name is the 100% owner of Partex Oil and Gas. Partex has operations in Angola, Abu Dhabi, Brazil, Kazakhstan, the Netherlands, Oman and Portugal. It was to a Portuguese court that Guterres, while justifying no listing some of his income, disclosed in 2016 that he was paid at least € 2735 per month for his position with the Gulbenkian Foundation.

   But while a now deleted Foundation web page (archived here) stated that Guterres continued with Gulbenkian into 2018, Guterres did not list it on his most recent, and so far lone, UN Public Financial Disclosure, which covered 2016 ("Disclosing financial and other interests for the 2016 reporting year").

  So why did Guterres disclose his position with the Club of Madrid, but not with the Gulbenkian Foundation / Partex Oil and Gas? It is worth noting that Guterres' wife Catarina Vaz Pinto has also been connected to Gulbenkian.

   Following the roughing up and banning from the UN of Inner City Press which has covered the CEFC scandal throughout, Guterres' head of Global Communications Alison Smale promised UN Special Rapporteur for Freedom of Expression David Kaye, who asked, that the UN would still answer Inner City Press' written questions.

   But as 2018 came to a close Guterres' spokesmen Stephane Dujarric and Farhan Haq left unanswered 36 questions in a row from Inner City Press, including this: “Beyond the 35 questions from Inner City Press you refused to answer this week, this is a request on deadline that you (1) state when SG Guterres left his position on the Gulbenkian Foundation,

(2) state why Gulbenkian was not listed on SG Guterres' public financial disclosure which covered 2016;

(3) explain how it is not a conflict of interest for SG Guterres to have refused to start an audit of CEFC in the UN, as requested by Inner City Press in January 2018, given CEFC's bid for the oil business of Gulbenkian.

Also, again, state why under SG Guterres there have been no updates to the UN public financial disclosures since those filed for 2016. Also, again, explain your refusal to answer any of Inner City Press' questions this week despite USG Smale's statements to GAP, me and UNSR David Kaye. On deadline.”

   The question was also sent to the e-mail addresses of Guterres, his chief of staff Maria Luiza Ribeiro Viotti, his Deputy Amina J. Mohammed, and Smale, who earlier in the week told Inner City Press she would take “under advisement” her 17 August 2018 pretextual withdrawal of Inner City Press decade long UN media accreditation.
  It seems clear that Guterres and his team have engaged in censorship for corruption, to conceal a blatant conflict of interest by Guterres. And now, JAM v. IFC...

***

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