By Matthew Russell Lee
UNITED NATIONS, May 29, more here -- A month after the UN Security Council extended the mandate of the UN mission in Western Sahara without any human rights monitoring mechanism, UN High Commissioner for Human Rights Navi Pillay in Morocco cited torture and obstruction of the registration of civil society organizations in Western Sahara. Now what?
Pillay in her statement said, among other things, that "both the Special Rapporteur on Torture, who visited Morocco and Western Sahara in 2012, and the Working Group on Arbitrary Detention, which visited in December 2013, expressed concern over the use of torture and ill-treatment as well as the admissibility in court of confessions obtained under torture or other ill-treatment. The UN Committee Against Torture has also addressed similar, serious concerns to the Government of Morocco."
After citing under-age marriages, Pillay added that "civil society organisations have also complained that the law on registration is not consistently applied – and this is particularly the case in Western Sahara, where administrative delays and other tactics are reportedly used to obstruct registration for some organizations."
So why no rights monitoring like other UN Peacekeeping missions have?
Background: on April 29, the UN Security Council rubber stamped 15-0 the resolution of the "Group of Friends on Western Sahara," which has no African Union members.
This followed a month in which the advance copy of Secretary General Ban Ki-moon's report, which said the goal is a human rights monitoring mechanism for the UN Peacekeeping mission, was switched to delete the mechanism.
France's outgoing ambassador Gerard Araud vituperatively denied his role in recent years in blocking a human rights monitoring mechanism in Western Sahara, despite his April 2013 answer to Inner City Press' question, on UN Television, here.
Now Araud doesn't answer questions, or tells the reporter -- not this one, who asked him his only critical question, "You are not a journalist, you are an agent." Video here.
Araud said he wouldn't state France's position because it's all about negotiation - then said, "The UN has never been a place for 'real' negotiation. It legitimizes or implements agreements reached elsewhere." Where does this leave the countries, like African Union countries, who run to serve on the Security Council?
UN Peacekeeping is run by its fourth Frenchman in a row, Herve Ladsous, who outright refuses to answer questions. Africa is by far the majority of UN Peacekeeping's work - and it is run by a long time diplomat of colonial master France.
On April 28, Inner City Press asked Nigerian Foreign Minister Aminu Wali about it -- and about the fact that the Group of Friends has no African members. Video here.
Aminu Wali replied, that the African position on Western Sahara is very consistent. The African Union [and predecessor OAU] recognized Western Sahara, that is our position, whether we are on the resolution or not."
It seems to some strange that there are no African members on a UN "Group of Friends on Western Sahara." But it's worse. Here is a quote that explains a number of things, by outgoing French Ambassador to the UN Gerard Araud on April 24: "The UN has never been a place for 'real' negotiation. It legitimizes or implements agreements reached elsewhere."
"Now I get it," Inner City Press was told by a diplomat who laughed when it was suggested that in the Security Council he was a "colleague" of Araud.
But what can it mean for the Elected Ten members of the Security Council, or for the five countries this year and every year that come onto the Council thinking it IS a place for negotiation? What about all the hours spent in consultations, not to mention expert level meetings followed by Deputy Permanent Representatives or Permanent Representatives "negotiating"?
When one of the Permanent Five members says it's all a charade, there was and is no "real" negotiation, it's either time to radically reform the Security Council, or it's become clear it's time for this jaded representative to move on.
Some scribes and enablers might - and have - celebrated this statement as a form of punditry. But in the real world, or at least on UN Television, earlier this month Araud told the reporter who posed the sole critical question he took, "You are not a journalist, you are an agent."
The Free UN Coalition for Access has asked UN spokesman Stephane Dujarric to convey to Araud and the French Mission, prospectively to Araud's replacement Jacques Audibert, the stated UN position that correspondents should be treated with respected. But Dujarric has not. The attacked correspondent tells the Free UN Coalition for Access that "UNCA is dragging it feet" in even deciding to take a position on Araud's attack -- it did take a position and issue a letter to another Permanent Five ambassador.
In the untransparent annual UN cat and mouse process around Western Sahara, French Ambassador Gerard Araud has repeatedly been asked by usual-friend Human Rights Watch's Ken Roth (and not HRW's UN Director) but continues denying any French role, this year or before, in blocking a human rights monitoring mechanism in the MINURSO mission.
Araud spin now is to say he doesn't know what France's position on a human rights mechanism would be until, after a non-transparent process, a draft emerges from the Group of Friends on Western Sahara, which has no African members.
Araud has said, "I'll wait to see a real proposal before saying what we think of it. That's what is commonly called 'foreign policy'.... No country in the world takes a stance before knowing the specifics of a proposal. Is it common sense and not dodging. Real world!"
But get real: on Apri 25, 2013 when Inner City Press asked, Araud on camera said, "how to improve human rights in Western Sahara? We have always said the best way is through bilateral dialogue with Morocco."Video here.
Note the word "always" -- this is France's position, no human rights monitoring mechanism, just "bilateral dialogue with Morocco." So why does Araud pretend now he doesn't know what France's position is, months before he leaves the UN in July?
Araud has claimed, "there is not, there has not been, this year or last year or previous years, any French veto threat! It is a fact." He added, "my 'word' is simply that, contrary to your assertions, France never threatened to veto any proposal. Nothing more, nothing less."
This stands in contrast below to 2010, when Uganda, Mexico and as now Nigeria were serving on the Council along with Araud, who is now slated to leave in July -- and to April 2011, also touched on below.
On April 17, 2012, Inner City Press directly asked Gerard Araud about human rights and MINURSO and the then still withheld (Africa-less) "Group of Friends of Western Sahara" draft resolution.
Araud replied, "There is still I guess one of the Friends that has problems. But I think we are close to an agreement."
Multiple sources told Inner City Press that France, represented at that stage on the Group of Friends by its expert Mariam Diallo, had been opposing the resolution trying to ensure the MINURSO mission's "effectiveness" and, as before, human rights monitoring of the type other UN peacekeeping missions have. In terms of Araud's assessment that only "one of the Friends.. has problems," Inner City Press was told that there at least two.
A Security Council member excluded from the Group of Friends, South Africa, said that the Friends have promised to circulate a draft "later today," whether it's agreed to by all the Friends of not. South African Permanent Representative Baso Sangqu told Inner City Press, "Our issue was that the earlier we all get involved,the better for everybody." And this year?
Multiple sources told Inner City Press that France, represented at that stage on the Group of Friends by its expert Mariam Diallo, had been opposing the resolution trying to ensure the MINURSO mission's "effectiveness" and, as before, human rights monitoring of the type other UN peacekeeping missions have. In terms of Araud's assessment that only "one of the Friends.. has problems," Inner City Press was told that there at least two.
A Security Council member excluded from the Group of Friends, South Africa, said that the Friends have promised to circulate a draft "later today," whether it's agreed to by all the Friends of not. South African Permanent Representative Baso Sangqu told Inner City Press, "Our issue was that the earlier we all get involved,the better for everybody." And this year?
An aside on Human Rights Watch: while Ken Roth has tw-asked, HRW's representative at the UN, former of state-owned France 24, has been notably silent on the issue. His last two tweets some from April 17, one passing on a story quoting his boss Ken Roth about North Korea, then other quoting Araud -- on North Korea. (On this topic, the HRW lobbyist purported to be inside or "at" in the closed-door Arria meeting, engaged in trademark selective distribution of information.) How can HRW question UN Ambassador Araud and HRW's "UN Director" stays entirely out of it. Why?
Back on April 18, 2011, multiple sources told Inner City Press that France opposed any MINURSO human rights monitoring mechanism, counter-proposing only cooperation with the special rapporteurs of the Human Rights Council.
On April 27, 2011, Inner City Press aske Araud about the High Commissioner for Human Rights' recommendation that a right monitoring mechanism be included in MINURSO. Araud replies that "Ban Ki-moon's" final report, into which the French chief of UN Peacekeeping had input, hadn't adopted the OHCHR's recommend. That is where the lobbying is -- and it is attributable to France, with refusals to answer questions playing their role.
Araud opposed a human rights monitoring mechanism in 2010 as well:
On April 30, 2010, six hours into Western Sahara negotiations in the Security Council, the threat to call the vote was made. There would be three abstentions against the resolution drafted by the so-called Group of Friends: Uganda, Nigeria and Mexico.
A compromise that was apparently acceptable to all 15 members, but was opposed by Morocco, would refer to UN "mechanisms" as a euphemism for human rights.
Frente Polisario says it could live with this language, and is angry that Morocco has become on this issue the one in "P-5 Plus One." Others wondered if France only agreed to put this language to Morocco because it knew Morocco would shoot it down.
Inside the consultations, Inner City Press was informed, Austria's Ambassador wondered out loud how France, so important in forming the concept of human rights, could be so vehemently opposing the inclusion of the term in the Western Sahara resolution.
French Ambassador Araud responded angrily that no one can teach human rights lessons to France.
A compromise that was apparently acceptable to all 15 members, but was opposed by Morocco, would refer to UN "mechanisms" as a euphemism for human rights.
Frente Polisario says it could live with this language, and is angry that Morocco has become on this issue the one in "P-5 Plus One." Others wondered if France only agreed to put this language to Morocco because it knew Morocco would shoot it down.
Inside the consultations, Inner City Press was informed, Austria's Ambassador wondered out loud how France, so important in forming the concept of human rights, could be so vehemently opposing the inclusion of the term in the Western Sahara resolution.
French Ambassador Araud responded angrily that no one can teach human rights lessons to France.
Plus ca change, plus c'est la meme chose -- surtout avec Araud.
Back on on April 30, 2010 at 5:10 pm, Araud noted he should have left for Greentree for the Council's annual retreat with the Secretary General 10 minutes before. This year in 2014, the retreat is earlier in April, before the MINURSO vote. So there will be no excuses. We'll have more on this.
Back on on April 30, 2010 at 5:10 pm, Araud noted he should have left for Greentree for the Council's annual retreat with the Secretary General 10 minutes before. This year in 2014, the retreat is earlier in April, before the MINURSO vote. So there will be no excuses. We'll have more on this.
This year in a multiple French farce, a wire service reporter usually of use to France, Reuters' Louis Charbonneau, has now purported to cover as news his being accused of misinformation by his often-source France. Trying to serve two of the P3 Conuncil members on this issue - and some others -- doesn't work.
The threat of a French veto was cited by Charbonneau as the reason for the "Group of Friends on Western Sahara" draft resolution not including a human rights monitoring mechanism.
Based on that, Human Rights Watch's Ken Roth did what he rarely does: criticize France.
Then French Ambassador Gerard Araud did what he rarely does: actually respond to a critique. He tweeted, "Ken Roth your message is wrong! France has not threatened to veto anything! The negotiation has not even started... How can we veto something which is not proposed by the pen holder (which in not France)? You rely on rumors and disinformation."
The "rumors and disinformation" are those repeated by Reuters' Lou Charbonneau, on whom the French mission often relies to get out its message. Inner City Press asked, and asks: so who is not telling the truth?
Meanwhile from Paris the French foreign services "social media" team issues a blog by Anne Chounet-Cambas singing its own praises, citing Williamsburg, Brooklyn and hard rock. If they are the ones staffing Araud's twitter feed, is this what they had in mind?
This French foreign ministry social media teams map of Morocco and Western Sahara, here, has been noted -- particularly in light of France's recent statements about UN maps and Crimea. We'll have more on this.
Obscured is all this is why "Ban Ki-moon's" report's recommendation was changed to drop the word "mechanism." UN Peacekeeping is run by Herve Ladsous, a former French diplomat during the Rwanda genocide who is the fourth Frenchman in a row to head UN Peacekeeping. This has not been mentioned by Reuters.
Another irony is that on April 17 after a French, US and Australia sponsored Arria formula meeting with Michael Kirby, chair of the UN Commission of Inquiry on North Korea, Kirby said threats of veto should not be allowed to bury human rights proposals. He said a formal meeting (and vote) should be called on referring North Korea to the International Criminal Court.
But this logic apparently doesn't apply to Western Sahara, or to France as the veto-wielder. None of this is noted, of course, in pass-through account by Reuters' Charbonneau, demonstrably engaged in censorship, here. Reuters' Charbonneau, who last time quoted French Ambassador Gerard Araud denying any role, this time didn't mention him at all.
On April 15, Araud told another reporter, "You are not a journalist, you are an agent." While UN spokesman Stephane Dujarric has been asked to convey to Araud and the French Mission the UN position that accredited correspondents should be treated with respect, here, we note that this servile wire by Araud logic is just as much an agent.
Araud's anti-press moves on April 15 were of course not reported by this wire -- nor on Western Sahara was the African Union position with which Nigeria's Joy Ogwu answered Inner City Press --rights mechanism needed,video here and embedded below -- in the wire's story.
Africa is not represented in the Council's "Group of Friends on Western Sahara." Changing that is not a reform you'll hear France talking about, including prospectively at the Council's retreat with Ban Ki-moon on which we'll have more. Nor is Africa represented or even recognized, it is increasingly clear, on this servile wire. This is how the UN works, or doesn't.
On April 17, the day of the Security Council first formal consultation on Western Sahara, Inner City Press asked Secretary General Ban Ki-moon's spokesman Dujarric about a reported crack down on peaceful demonstrators in El Aaiun, then asked Ambassador Joy Ogwu of Nigeria, Council president for April, about the consultations.
Dujarric said he had no information about the demonstration or crackdown or any letter received; when Inner City Press asked if envoy Christopher Ross would hold a question and answer stakeout, he said probably not. (None happened.) Video here.
But Inner City Press asked the Security Council's president for April, Nigeria's Joy Ogwu, if human rights monitoring came up. She said in her national capacity she raised it, saying that a human rights monitoring mechanism should be (belatedly) put in the MINURSO mission's mandate, as it is in the mandate of other UN peacekeeping missions. Video here.
Before the consultations, French Ambassador Gerard Araud engaged in a long discussion with Morocco's new Ambassador to the UN Omar Hilale. Inner City Press, at the stakeout, took and tweeted a few photographs -- Morocco supporters replied with Araud's anti-press phrase of April 15, that anyone they disagree with is "not a journalist;" one even called photographing from the UN stakeout "spying."
(That Araud was quoted by Javier Bardem that Morocco is France's "mistress" was in the air. Araud talked about suing Bardem, but has not.)
Another replied to Inner City Press that Ambassador Ogwu shouldn't have said what she said. We're left wondering if Gerard Araud, before he leaves in July, will say in a Security Council consultation, "You're not a diplomat." And what would happen next. Here is what has been requested: that Dujarric convey to the French mission that position that accredited correspondents should be respected, before the arrival of Jacques Audibert.
The Security Council is scheduled to vote on the MINURSO mandate on April 23, but it could go until the end of the month, when the old mandate with no right monitoring mandate expires. Watch this site.
Back on April 16 Dujarric refused to explain, when Inner City Press asked, why Ban dropped a rights "mechanism" from the advance copy of his report. Dujarric refused to say with whom, other than Morocco's King, Ban spoke about the matter between April 10 and April 15, when a new draft without "mechanism" went on the UN's website. Video here.
Moments later, Inner City Press asked Ambassador Joy Ogwu of Nigeria, April's Security Council president and an African Union member, about the drop of the word "mechanism." She said it will be discussed in consultations on April 17. Video here.
On April 10, Inner City Press published what was called the advance copy of Secretary General Ban Ki-moon's report on Western Sahara, saying that the goal is a human rights monitoring MECHANISM, see here at Paragraph 100.
Now, the revised report is on the UN's website, with the mechanism dropped. Click here, at Paragraph 100. Earlier on April 17, despite a slew of questions about Western Sahara coming in to French Ambassador Gerard Araud as he held a press conference on human rights, he did not answer those questions nor take any question from Inner City Press. The only critical question Araud took, perhaps by mistake, he replied to, You are not a journalist, you are an agent. Video here.
(Inner City Press and the Free UN Coalition for Access asked Dujarric on April 16 if this was appropriate. Video here. He said accredited correspondents should be treated with respect, but declined even when Inner City Press noted that French foreign minister Laurent Fabius did the same thing to say he will convey this "respect" position to the French Mission, or Araud's replacement Jacques Audibert, click here for that)
On April 15, Araud called on France 24 and a Reuters reporter who quoted Araud without mentioning that Javier Barden reported Araud as calling Morocco France's mistress. (Araud talked of suing, but never did.) Nor did Reuters mention that the head of UN Peacekeeping, atop the Western Sahara mission MINURSO, is Herve Ladsous, a long-time French diplomat including at the UN during the Rwanda genocide of 1994.
So a human rights monitoring mechanism is out, at least from Ban Ki-moon report.
Morocco's King, after in essence threatening to end the UN mission if human rights monitoring mechanism is included, is now reportedly slated to visit Dakhla, as early as tomorrow. Click here.
And as the pace picks up, here is another letter going in to Security Council members, this time from humanitarian groups working in Western Sahara, here.
This comes just after the King announced a new Ambassador to the UN, replacing (and some say blaming) Ambassador Loulichki.
The new Ambassador will be Omar Hilale, most recently a hardliner on the human rights issue at the UN in Geneva. This comes as France is slated to replace its Ambassador Gerard Araud with Jacques Audibert in July. So for both Araud and Loulichki, this month is a last campaign against a rights monitoring mechanism.
Araud was slated to give a press conference on April 15, ironically on human rights, on topic on which he convened a closed door meeting at 10 am on April 15, from which even some UN member states were banned. Araud should have been expected to address these issues -- but he and his spokesman Frederic Jung did not take any question from Inner City Press, and Araud attacked the lone critical question he selected.
Inner City Press and the Free UN Coalition for Access on the morning of April 11 put online the first advance copy of the "Report of the Secretary General on the situation concerning Western Sahara," to be issued as a document of the Security Council under the symbol S/2014/258, here.
On April 12, the Moroccan government -- but not the UN -- issued a read out of a call by the King of Morocco to UN Secretary General Ban Ki-moon earlier in the day on the topic of "the Moroccan Sahara," emphasis added:
Tetouan - HM King Mohammed VI held on Saturday a phone conversation with UN Secretary General Ban Ki-Moon, says a release of the Royal office.
The talks covered latest developments and the present timetable related to the Moroccan Sahara issue, says the release. On this occasion, HM the King reiterated Morocco's constant commitment and constructive cooperation to reach a final political settlement to this regional dispute, within Moroccan sovereignty.
HM The King further drew the UN secretary General's attention to the imperative need to preserve the negotiations parameters as they were defined by the Security Council, safeguard the presence framework and modalities of the UN involvement and avoid biased approaches and risky options, the statement goes on.
Any straying from this track will be fatal for the ongoing process and holds dangers for any UN involvement in the issue. The conversation also covered HM the King's sustained actions and laudable initiatives for the stability and development of the African continent.
Inner City Press and the Free UN Coalition for Access asked the UN:
"The Moroccan government has issued its own read-out of their King's telephone call to the Secretary General, this is a request for a UN readout of the SG's call, in light of what Inner City Press asked at the April 11 noon briefing... There are other questions outstanding, as you know, and I have others, but asking this after the Moroccan government's readout, for the UN's read-out."
Without providing any UN read-out, Ban's spokesperson Stephane Dujarric replied, "I can confirm that the call took place."
Inner City Press and FUNCA asked Dujarric and his deputy Farhan Haq more pointedly:
"If not the still requested UN read-out, will you comment on Morocco's statement that the "King further drew the UN secretary General's attention to the imperative [to] risky options... Any straying from this track will be fatal for the ongoing process and holds dangers for any UN involvement in the issue" -- since this seems to be a threat to try to terminate "UN involvement" in Western Sahara if an option such as a human rights monitoring mechanism were included in MINURSO, do you have any comment? And, can you state which side initiated the call, and if the advance copy of the Secretary General's report on Western Sahara which I asked about at Friday's noon briefing was discussed?"
Ban's spokesman Dujarric an hour later replied: "No further comment."
At noon on April 11, Inner City Press asked Dujarric who has input into Ban Ki-moon's reports, for example if not only the first but the final "Ban" report on Western Sahara will urge a human rights monitoring mechanism. Dujarric refused to explain the process, saying wait until it's over, it is not final until it is final -- not a good sign, some say. Who wrote the first report? Who is changing it? Who CAN change it? Inner City Press asked, without answer. Video here, and embedded below. UN transcript:
Inner City Press: I wanted to ask about the Secretary-General’s position on Western Sahara. There’s an advanced copy of the report, the Secretary-General’s report that was circulated that would be ultimately a more formal document, but it seems to say the goal is a human rights monitoring mechanism, and now there are reports that that’s going be changed. The word mechanism will drop, can you describe what the process is on reports such as this that are ascribed to the Secretary-General. Who has input into them? Once they are sent around are they final, and if they are not, who has input in this case to change them?
Spokesman Stephane Dujarric: All Secretary-General’s reports are ultimately signed off by the Secretary-General’s Office. Any relevant department or mission would have input into it but a report is a final report once it’s final. So I would ask you to wait a day or two until the report is issued, and then we can... you know nothing is final until it’s final.
Inner City Press: Because the consultations would be on the 17th, everything is moving, this is the month to do it. So I wanted to know, since there is a document that’s ascribed to the Secretary-General that says monitoring mechanisms, I just wanted to ask you, does Secretary-General Ban Ki-moon favour human rights monitoring mechanisms?
Spokesman Dujarric: Again, once the report is out, and it’s final, it would be the Secretary-General’s report. Until the report is out, we are not going to comment on it. And once it’s out, it is the Secretary-General’s word, so there’s really nothing to add
That's called stonewalling in advance, that there will be nothing to add. On April 14, Dujarric not only refused Inner City Press' request for further information about Ban's call with the King: he would not explain why a UN read-out of Ban's call with the acting President of Ukraine was provided, but not with Morocco's King.
In Paragraph 100 on Page 20 Ban's (first) report says, or said, that the goal is "a sustained, independent and impartial human rights monitoring mechanism."
Amid changes, a Western wire -- which has engaged in censorship at the UN, here -- quoted French Ambassador Gerard Araud that "France formally denies any interference with the UN Secretariat."
This servile wire did not even mention that it can be done within the UN Secretariat, where the Department of Peacekeeping which runs MINURSO is headed by Herve Ladsous, a long time French diplomat. Nor does it mention Araud being quoted by Javier Bardem that Morocco is France's "mistress" - if only to run Araud's denial and litigation threat. We will be watching for that.
This servile wire did not even mention that it can be done within the UN Secretariat, where the Department of Peacekeeping which runs MINURSO is headed by Herve Ladsous, a long time French diplomat. Nor does it mention Araud being quoted by Javier Bardem that Morocco is France's "mistress" - if only to run Araud's denial and litigation threat. We will be watching for that.
As a part of this watchfulness, Inner City Press had published a letter just submitted to the President of the Security Council by "a number of Nordic organisations, from Denmark, Finland, Norway and Sweden," urging the inclusion of human rights monitoring in MINURSO's mandate.
Even former UN envoy on Western Sahara Peter van Walson has written to French president Francois Hollande urging France to stop opposing human rights monitoring in Western Sahara.
Also new this year is the discomfort caused by Spanish actor Javier Bardem asserting that French Ambassador Gerard Araud told him that Morocco is like France's mistress.
French foreign ministry spokesperson Romain Nadal has reportedly confirmed that Araud met with Bardem in 2011; Araud has said he would seek permission to sue Bardem. (There is a pattern here.) Now, Jacques Audibert is said slated to take over for Araud by July.
So this will be Araud's last campaign opposing human rights monitoring in Western Sahara. Earlier on April 10 Araud spoke at the Security Council stakeout about Central African Republic but when Inner City Press asked about the Chadian troops there, charged by the High Commissioner for Human Rights with killing 30 civilians, Araud told Inner City Press to Ask Chad's Ambassador.
US Ambassador Samantha Power moments later answered Inner City Press' question about the withdrawal of Chad's troops from CAR, video here.
The April 10 advance copy of the "Report of the Secretary General on the situation concerning Western Sahara" consists of 104 paragraphs and a map.
To begin with -- Inner City Press will have more than one report on this Report -- there is a recognition of "demostrations aimed at drawing attention to human rights concerns, socio-economic issues and political demands, including the right to self-determination. These were swiftly dispersed by Moroccan security forces. On most such occasions, there were credible reports of heavy-handedness on the part of security forces as well as violence, such as stone-throwing, on the part of the demonstrators."
The Report says "of particular note was a demonstration that took place in Laayoune on 5 May 2013... Protesters expressed dissatisfaction that Security Council resolution 2099 (2013) did not include provisions to include human rights monitoring in MINURSO's mandate."
Will it be different this year? Watch this site.
