Inner City Press -- Investigative Reporting From the United Nations to Wall Street to the Inner City

By Matthew Russell Lee

UNITED NATIONS, April 15 -- The UN Mission for the Referendum in Western Sahara, MINURSO, which has yet to hold any referendum, gets reviewed this month in the UN Security Council, with the UN's ambiguous position on (not) including human rights monitoring in the mission's mandate and on exploitation of natural resources once again coming to the fore.

 On (the lack of) human rights monitoring, on April 15 Inner City Press asked UN Spokesman Stephane Dujarric:

Inner City Press: there are reports and I wanted to know whether you or MINURSO [United Nations Mission for the Referendum in Western Sahara] know if they are true of a, quote, Moroccan crackdown on demonstrations in [inaudible] directed at the idea of there being a human rights monitoring mechanism so it…

Spokesman Dujarric:  We will ask our colleagues in MINURSO.

 But nine hours later, no answer, no information. No monitoring.

 Meanwhile, Inner City Press has become aware that Morocco wrote to the Security Council; Inner City Press has uploaded the letter here.

  On April 10 Inner City Press obtained from multiple sources the advance copy of Secretary General Ban Ki-moon's report on the MINURSO mission. We published it in full here and embedded below (unlike others who try to remove things from the Internet, like here).

 On April 13, Ban's spokesman Stephane Dujarric said the report "speaks for itself;" Inner City Press asked how that applies to Paragraph 62 merely reciting Morocco's and the Frente Polisario's positions for and against oil drilling at this time. Video here.

 Dujraric said he had "nothing to add;" he also said that enovy Christopher Ross will help provide more details. On the record?

  While there has been no formal response to the African Union's request that the UN Security Council at least hear from its envoy Chissano, Inner City Press asks why at a minimum an Arria formula meeting could not be set up? These do not require unanimity, even of some members boycott, as might happen here, the meeting goes forward. We'll have more on this.

  Meanwhile, with regard to claims about then-Office of Legal Affairs chief Hans Corell's 2002 letter, UN Doc. S/2002/161, here are links to two of his publications since, here ("The Responsibility of the UN Security Council in the Case of Western Sahara.” In: International Judicial Monitor, Winter 2015 Issue") and most recently here ("Western Sahara: the EU should reconsider its fisheries agreement with Morocco.” In: New Europe, 12 April 2015.)

Of “resource exploration,” the UN report says

“During the reporting period, investments in the territorial waters adjacent to Western Sahara continued to be a subject of contention between the Government of Morocco an Frente Polisario, given the long-standing status of Western Sahara. Some foreign oil companies, including Kosmos Energy, carried out oil exploration, and exploratory drilling in Western Saharan territorial waters. In a letter dated 19 March 2015 addressed to me, the Permanent Representative of Morocco stated that “Kosmos Energy’s exploration activities were preceded by wide consultations” with the local population, and “are governed by applicable international principles and standards, in particular those deriving from the Charter of the United Nations and recalled in letter S/2002/61 dated 29 January 2002 addressed to the President of the Security Council … by [the] Under Secretary -General for Legal Affairs.” Frente Polisario and Western Saharan organizations spoke out against these activities repeatedly, pointing out that they had not been consulted and that any exploitation of these resources, if found, would violate the legal opinion provided in the letter cited above. Secretary-General Abdelaziz of Frente Polisario, in a letter to me dated 26 January 2015, referred to the activities as a violation of international law.”

  Of protests, the UN report says “Moroccan security forces dispersed them quickly. On several occasions, credible reports were received about the disproportionate use of force on the part of the security forces and hostile actions on the part of the demonstrators in response.”

   Of Douste-Blazy being described as attending for the UN, the report says of the “CransMontana Forum, held an event in what it referred to as 'Dakhla, Morocco' [that] following press reports of a high-level United Nations presence, my spokesperson issued a note to correspondents indicating that my Special Advisor on Innovative Financing had attended exclusively in his private capacity and that I had not delegated him or anyone else to represent me or the United Nations.”

  But the Forum repeated the claim in a press release, as Inner City Press reported.

   Similarly side-stepping the issue, Ban Ki-moon's report says “ I call on the Parties to continue and further enhance their cooperation with United Nations human rights mechanisms and OHCHR, including by facilitating OHCHR missions to Western Sahara and the refugee camps near Tindouf, with unrestricted access to all relevant stakeholders. These missions and other future forms of cooperation between the Parties and OHCHR and other United Nations human rights mechanisms should contribute to an independent and impartial understanding of the human rights situation in both Western Sahara and the camps, with the goal of ensuring protection of all, as well as to comprehensive and sustained implementation of international human rights standards by the Parties. Human rights do not have borders; all stakeholders are thus obliged to uphold the fundamental freedoms and human rights of all people. It is vital that all human rights protection gaps and underlying human rights issues in situations of protracted conflict be addressed.”

  We note that OHCHR recently delayed for (at least) six months an already-agreed to human rights report on Sri Lanka.

Western Sahara Report of UN's Ban Ki-moon, April 10, 2015 by Matthew Russell Lee

  Here are two more sample paragraphs of the report:

39. Both parties continue to diverge significantly in their interpretation of the MINURSO mandate. Morocco considers the mandate to be limited to ceasefire and military matters, demining and logistical support for confidence-building measures. Frente Polisario considers that the organization of a referendum for self-determination remains its central element. These opposing views have a direct impact on the credibility of the Mission vis-a-vis the parties, affecting its ability to fully implement its mandate and exercise standard peacekeeping functions. For the United Nations, the successive Security Council resolutions define the mandate of the United Nations Mission for the Referendum in Western Sahara. Standard peacekeeping functions performed by United Nations operations throughout the world underpin effective mandate implementation, including assessments of and reporting on local conditions that may affect their operations and the political processes.

40. The perception of MINURSO and United Nations impartiality continues to be affected by the fact that MINURSO vehicles operate with Moroccan license plates west of the berm. Logistical and administrative complications also arise, since Moroccan license plates must be removed and replaced by United Nations plates when MINURSO vehicles cross east of the berm and travel outside the area of operations. Implementation of the March 2014 verbal agreement of the Moroccan authorities to gradually replace Moroccan with United Nations license plates for MINURSO vehicles, as agreed with my previous Special Representative (see S/2014/258, para. 49), has not begun; Foreign Minister Mezouar reiterated this commitment to my new Special Representative in February 2015.

   Inner City Press on April 9 linked to Morocco's letter to Secretary General Ban Ki-moon, here. The army of Moroccan trolls protested nonetheless, misquoting France's former ambassador (to whom the censor sucks up) and saying Morocco should sue Inner City Press. And so it goes.

  (These trolls would, apparently, say that Ban is noting crackdown on protests and license plate games because he is funded by Algerian petro-dollars. And what of the censor?)

  Speaking of courts, there is this finding by a court in Spain: "A Spanish judge Thursday upheld genocide charges against 11 Moroccan ex-officials accused of atrocities in Western Sahara, a court ruling showed -- a penultimate step towards a possible trial. Judge Pablo Ruz upheld accusations against the 11 ex-security officials and governors of ethnically motivated torture, killings and detentions in the former Spanish colony between 1975 and 1991, the ruling said."

  On April 7, Inner City Press asked UN Secretary General Ban Ki-moon's spokesman Stephane Dujarric about a letter sent to Ban by the Chairperson of the African Union Commission, Nkosazana Dlamini-Zuma, which cites “ the need to provide MINURSO with a human rights mandate.”

   Dujarric replied that he hadn't seen the letter. Video here. Inner City Press reported that Ban's chief of staff Malcorra had, in fact, seen it. When Inner City Press asked again on April 8, Dujarric said the letter was "processed" video here -- and we can verify, it was circulated.

 (Reuters, which didn't ask and openly panders to the mission(s) most opposed to a MINURSO human rights mandate, brags it is responsible, while both trying to get other media thrown out of the UN, here and FOIA-ed here then trying to censor that, here: laughable. As was writing that the AU letter was "seen by Reuters" after it was published online in full by another publication.)

  Inner City Press put online the Polisario's letter to Ban Ki-moon, here, in part because the UN ban Polisario from speaking at the UN Security Council stakeout while, for example, allowing current private citizen Hilary Clinton to speak there, with UNCA the UN's Censorship Alliance hand-picked for the softball first question.

 The new Free UN Coalition for Access opposes censorship and seek to amplify the voices that are being kept away from the microphone, so puts this online.

FUNCA also has put online Morocco's Foreign Minister Salaheddine Mezouar's letter, which says:

"The African Union prejudged, in a biased manner, the outcome of the political negotiations under the auspices of the United Nations, by admitting, within its membership, an entity that bas [sic] no attribute of sovereignty."

 The African Union wrote: “I would be most grateful if you could share this letter and the accompanying communiqué and report with the President of the Security Council, to be circulated as official documents of the Council, as well as with the General Assembly. Your assistance in ensuring that AU Special Envoy Joachim Chissano is given the opportunity to address the Security Council during its April 2015 meeting on Western Sahara will also be highly appreciated.”

  Inner City Press on April 7 asked Dujarric if the letter has been circulated, and for Ban Ki-moon's position including on Chissano addressing the Security Council. Video here.

  Dujarric replied, “I haven't personally seen the letter” adding that if it contains the request, “I'm sure it will be circulated in due time.” But how much time is due? And hasn't Ban's chief of staff Malcorra seen the letter? What's the response? When does it go to the Security Council - and General Assembly?

   “As for people addressing the Council, that's up to the Council,” Dujarric said, though Ban has on other topics been critical of the Security Council.

   Dujarric said that the report is in progress; when Inner City Press pointed out that Ban often touts the importance of regional organization, Dujarric said “in all files we deal with regional organization have a role to play, but in Western Sahara there is a Security Council mandate.” That's true on most of Ban Ki-moon's files. Why so hands-off on this one? Consider that UN Peacekeeping, in charge of MINURSO, is run by the fourth Frenchman in a row, Herve Ladsous, who refuses all Press questions, on human rights issues from rapes in the Congo and Darfur to killings BY peacekeepers in Mali. Video here, Vine here.  We'll have more on this.

The UN's ambiguous position on Western Sahara was exemplified last month by UN adviser Philippe Douste-Blazy attending the Crans-Montana Forum in Dakhla, Western Sahara.

  After the UN said Douste-Blazy was there in his "personal capacity," Inner City Press on March 16 asked if Douste-Blazy and UN advisers like him are under a responsibility to make clear when they are not representing the UN.

  It "behooves" them, UN deputy spokesperson Farhan Haq told Inner City Press, reiterated that while Douste-Blazy is UN adviser on "innovative financing," he has not there for the UN. Haq would not answer if Douste-Blazy had told the UN in advance, saying only that he is not required to.

  But a press release about the event says:

"The annual session of Crans Montana Forum held from 12 to 14 March 2015 in the southern city of Dakhla under the Patronage of His Majesty Mohammed VI wrapped up, Saturday night, with an award ceremony that paid tribute to international figures from different backgrounds. The 2015 Foundation Award was awarded to former President of the Republic of Estonia (2001-2006), Arnold Ruutel, former Spanish Prime Minister (2004-2011), José Luis Rodriguez Zapatero, Deputy Secretary General of the United Nations, Philippe Douste Blazy, former French Minister of Ecology and Sustainable Development (2007-2010), Jean Luis Borloo."

 So apparently Douste-Blazy accepted an award there AS a UN official. Now what?

For days, Inner City Press had been asked to find out what Douste-Blazy was doing there. Inner City Press previously exposed Douste-Blazy's waste of funds through MassiveGood, here. Then this, from the UN Spokesperson's Office:

"We have noted press reports to the effect that the United Nations is participating in the Crans-Montana Forum currently being held in Dakhla, a city in that part of Western Sahara under Moroccan control.
 
"The Secretary-General was invited to this Forum, but informed its President that he could not attend.  He did not delegate Mr. Philippe Douste-Blazy or anyone else to represent him or the United Nations.  Mr. Douste-Blazy, who serves as a special adviser to the Secretary-General on innovative financing, is attending exclusively in his private capacity.

"While Dakhla is described in Forum materials as a city in Morocco, the definitive status of Western Sahara is the object of a negotiating process being conducted under the auspices of the Secretary-General in accordance with the relevant United Nations resolutions."

  Well there's that. And this, and before that, this. Douste-Blazy is, of course, a former French government official. But how much longer should he be a UN "adviser"?

  Earlier this year after Ban spoke by phone with the King of Morocco, on February 11 Ban's spokesman Stephane Dujarric said:

"on the status of Christopher Ross, the Personal Envoy of the Secretary-General for Western Sahara.  I can report that he arrived in Rabat today.  Mr. Ross will hold discussions with Morocco and the Frente Polisario and with the neighboring States during this mission."

  But will Ross, the Envoy FOR Western Sahara, actually visit Laayoune? Inner City Press asked:

Inner City Press: On Mr. Ross' visit, I wanted to know whether he in fact will go to Laayoune, the main city in Western Sahara.  Maybe I missed when you read it out.

Spokesman Dujarric:  I will get you… as I said, as we get details, we'll get them to you.

Inner City Press:  If he's not, can we find out why he's not?

Spokesman Dujarric:  Sure. 

  So far, seven hours later, nothing. This is the UN and Western Sahara. Back on November 21 asked the New York spokesman for High Commissioner for Human Rights Prince Zeid for

"an update on action on the leaked cables, related to Western Sahara, involving current OHCHR official Anders Kompass and one, previously head of OHCHR's office in NY, who's just left. What steps has OHCHR taken on the cables / issues?"

  Now two months and three weeks later there has been no answer on this from the OHCHR spokesperson in New York. But we published this response from OHCHR Geneva spokesperson Rupert Colville to similar questions:

  In the above, the referenced former head of OHCHR's New York office is Senegal's Bacre Waly Ndiaye, noted Tijania Sufi. The cables reveal a deep scandal in the UN system. Now OHCHR in Geneva is saying it will not comment until an investigation, Inner City Press understands by the UN Office of Internal Oversight Services, is complete. But there is no indication that will be publish. This is one of the ways the UN covers up.

 There other ways, beyond Western Sahara. On rapes in DR Congo by Army units the UN support, Ladsous refused to answer Press questions for months.  Video here of then and now spokesman pulling microphone away from Inner City Press. These practices are being opposed by the new Free UN Coalition for Access.

 Now on UN Peacekeeping's November 9 press release covering up mass rape in Thabit in Darfur, Ladsous has not answered any questions; UN spokesman Stephane Dujarric on November 21 told Inner City Press the UN won't comment on leaks. The Western Sahara leaks are so extensive that despite a seeming media blackout by Western wire services, they will not go away.

While Ladsous is not the only UN official exposed by the cables, his extraordinary campaign of refusing Press questions, to the point of physically blocking Press filming (Vine here), as well as a DPKO to OHCHR connection, make him key to the case. As to MINURSO, Ladsous is blamed for the non-deployment of Bolduc.

  Back on November 14 Inner City Press asked UN Deputy Spokesperson Farhan Haq about Bolduc and an investigation of leaks in Geneva of which sources tell it. Video here.

  On November 5, Inner City Press reported on leaked cables showing among other things the UN's Ladsous undermining MINURSO on the issue of human rights, and improper service of Morocco by Office of the High Commissioner of Human Rights staffers Anders Kompass and Bacre Waly Ndiaye.

    Since then, along with anonymous death threats, Inner City Press has received additional information including of a UN Office of Internal Oversight Services investigation of Anders Kompers and Bacre Waly Ndiaye.

  On November 14, Inner City Press asked the UN's Haq, per UN transcript:

Deputy Spokesman Haq:  You had a question on Western Sahara?

Inner City Press: It's a two-pronged question.  What Stéphane [Dujarric] said earlier in the week about Kim Bolduc, the new SRSG [Special Representative of the Secretary-General].  I wanted to just kind of confirm it.  In reading it, does that mean that she has never has been allowed in?  And, if so, where has she been since August?  What is the plan to resolve that?  And I also wanted to ask you about regarding the cables that I base the initial question on.  Can you confirm that OIOS [Office for Internal Oversight Services] is conducting an investigation at the Office of the High Commissioner for Human Rights on at least two staff members who apparently leaked this information to the Moroccan Government?

Deputy Spokesman Haq:  On that, I cannot confirm that.  As you know, the OIOS conducts its work independently.  At some point, once they have completed their work, they apprise us [inaudible].  But I wouldn't be aware of any work that is ongoing.  Beyond that, regarding Kim Bolduc, as you know, both Christopher Ross and Kim Bolduc briefed the Security Council on 27 October.  And at that point, the Security Council reiterated its desire, first of all, to see Ambassador Ross's facilitation resume and reiterated its desire to see Kim Bolduc be able to take up her duties at the helm of MINURSO [United Nations Mission for the Referendum in Western Sahara] as soon as possible.  And we look forward to the resumption of Mr. Ross's visit to the region and also to the deployment of Kim Bolduc.

Inner City Press:  But is she currently, I mean, she is the SRSG?

Deputy Spokesman Haq:  She is the SRSG, but she has not been able to function with her MINURSO duties in-country.

  In-country, eh? We'll have more on this. And on this: Inner City Press is informed that while Ladsous claims to have performed as required in connection with the appointment of Bolduc, even on this he is accused of failing to do his duty, as on many other parts of his job. Video compilation here; recent Vine here.

   Document leaks from inside the UN have identified improper service of Morocco, on the question of Western Sahara, by a staffer at the Office of the High Commissioner for Human Rights, Anders Kompass.

  Inner City Press has waited to report on them; the spokesperson for the High Commissioner has today said his office is aware the leaked cables, which contain the perspective of certain diplomats, and that the situation is being investigated to clarify the facts.”

  Whatever the Office of the High Commissioner for Human Rights, now under Jordan's Prince Zeid, does about the content of the leaks, more will be required in the UN Secretariat in New York -- particularly at the top of the Department of Peacekeeping Operations, which runs the MINURSO mission in Western Sahara.

  The cables show that Herve Ladsous, a long-time French diplomat now the boss of DPKO and thus of MINURSO, was flacking for Morocco on the supposed quality of its human rights mechanisms. This directly undercuts the MINURSO mission, for which Ladsous is supposed to be working.