Saturday, June 13, 2015

Of CAR Rapes, Ban Panel to be "Weak," US , Scandinavia, of Eliasson


By Matthew Russell Lee
UNITED NATIONS, June 13 -- French soldiers in the Central African Republic allegedly sexually abused children, as exposed in a UN Office of the High Commissioner for Human Rights report given to the French government by longtime OHCHR staffer Anders Kompass.

  Kompass was urged to resign -- according to a UN Dispute Tribunal ruling reinstating him, by French head of UN Peacekeeping Herve Ladsous, who has since tersely denied it -- and Miranda Brown who worked with him did in fact have her UN service ended, see below.

  The UN has tried to forestall questions by saying Secretary General Ban Ki-moon  would name an independent panel to investigate. On June 5, Inner City Press exclusively reported that Ban himself told four states his panel would include at least one African, and one woman.

 Now on June 12-13 Inner City Press hears from well placed sources that the Panel will be named as early as June 16 with five members - one Scandinavian, one American, three Africans. All “weak,” according to sources, “a way for the UN to cover up.” The 15 member states concerned had a breakfast last week, and a meeting this coming week with Ban's deputy Eliasson, who whistleblower Miranda Brown says was briefed on the rapes as far back at August 8, 2014. (Spokesman Dujarric told Inner City Press the UN denies this briefing, but not the email that said it would happen.)

  On June 11 Miranda Brown wrote a second letter to Secretary General Ban Ki-moon, stating that Ban's Executive Office and presumably his Deputy Jan Eliasson knew back on August 8, 2014 of the evidence of child rape in CAR by French "peacekeepers" - and did nothing except months later try to get Kompass to resign.

 On June 12, Inner City Press asked Ban's spokesman Stephane Dujarric about this and he denied that Deputy Secretary General Eliasson knew anything about the CAR sexual abuse allegations in August 2014, saying he only learned of them in April 2015.

  Inner City Press asked if this meant the UN was denying the existence of an April 8, 2015 email from Ban's executive office saying that Eliasson would be briefed.

  Dujarric responded by saying "categorically" that Eliasson was not told of the CAR allegations until April 2015. See transcript below.
  In light of this response, Inner City Press now reports it is informed that the August 8, 2014 response from Ban's Executive Office was not from any clerical or scheduling staff, but high official Andrew Gilmour, whose influence spreads to Syria and elsewhere, who said  DSG Eliasson would be briefed that afternoon." If he wasn't, why not? And who was briefed? We'll have more on this.
Inner City Press:  Two interrelated questions.  One has to do with Miranda Brown, who I have asked you about before, whistle-blower, has put in writing that the Office of Ban Ki-Moon was told about the sexual allegations and evidence of sexual abuse in Central Africa Republic on, at latest, 8 August 2014.  She says there was a response by that office to Mr. [Anders] Kompass's assistant saying that Jan Eliasson had been put in charge of it.  I'd like to know what’s your response to that?  It's very different than hearing what they heard about it in the spring.  How would you explain the lack of action, given that?  The inter-related question is that on the report that you insist on calling a draft, when it was given to the DFS [Department of Field Support], but actually it was finished, it was just withheld for a month.  It says clearly in the report that victims are not… that there's a problem.  United Nations have performed very poorly in assisting victims of sexual abuse and assault.  Only 26 of 217 SEA [sexual exploitation and abuse] victims were even referred for assistance and it's unclear if they received any.  So, I'm wondering, on Monday, are you going to have, like, a written response that is available?

Spokesman:  I think what… it's hard for me to predict what I'm going to do in the next hour, so I don't know what we'll have on Monday.  On your second part, this UN report, this OIOS report is yet another tool to help the system, DFS, DPKO and all the parts of the house to perform better on issues relating to sexual abuse and exploitation.  We can always do better and we need to do much better.  On the issue of support for the victims and follow-through in support of the victims, one of the big challenges that we have had is the lack of funding, is that what had been proposed by the Secretary-General was not funded by the Member States.  We've had to do it with existing resources and we haven't had the funds that we needed.  We also need to do better in terms of communications to the population at large in terms of how they can access hot line, what their rights are, what is illegal, how they can protect themselves.  There are all sorts of ways we can improve.  I think what we have seen since, over the past number of years, is a decrease of cases of sexual abuse while overall the number of peacekeepers has increased.  What I would go on to Miss Brown, she makes a number of claims in her letter, which are, you know, claims.  Obviously, as to who was told in various offices, when, what and where it will be looked at thoroughly by the external panel, independent panel, which we hope to announce, hopefully next week.  What I can tell you categorically is that the Deputy Secretary-General was only made aware of this issue in April.  So, that is a fact which I am telling you now.  What information was passed onto his office, to whom it was passed on, how that was dealt with, that will be looked at by the review panel, but the Deputy Secretary-General was not made aware of this issue until April of this year.

Inner City Press:  So, are you saying an 8 April 2014 email from Executive Office of Ban Ki-Moon to Ms. Linnea Arvidsson, Mr. Kompass's personal assistant, indicating that the Deputy Secretary-General would be briefed on the report that was submitted doesn't exist?

Spokesman:  That's not what at all I'm saying.  What I'm saying is that obviously the panel will have access to e-mails, will look as to who received what documents, who was informed, who was not informed.  What I can tell you categorically is that, personally, the Deputy Secretary-General of the United Nations was not informed of this until April.

Inner City Press:  In March on the timeline… in March, when it was the staff retreat in Turin and Ms. [Susana] Malcorra asked OIOS and the Ethics Office to get together to speak about Mr. Kompass, who else other than Miss Malcorra was made aware that…?

Spokesman:  All these issues will be looked at, but she makes a claim regarding the Deputy Secretary-General, which I counter and which to me is false. 
  Miranda Brown, regarding whose case Inner City Press has repeatedly asked the UN in New York and Geneva, writes:
"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. 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.
"Emails document my involvement and I was the key contact between OHCHR and MINUSCA during the period immediately following the disclosure. Following my email to Mr Kompass on 7 August 2014, the Special Assistant to Deputy High Commissioner Flavia Pansieri, Ms Linnea Arvidsson, sent an email to the Executive Office of the Secretary General informing the UN leadership about the allegations of child sexual abuse in the Central African Republic and advising the UN leadership that the unredacted MINUSCA report had been transmitted to the French Government. Ms Arvidsson’s email to your Executive Office included as attachments the unredacted MINUSCA report and the letter of
acknowledgement from the French Permanent Representative to the United Nations in Geneva, Ambassador Nicolas Niemtchinow. On 8 August 2014, your Executive Office confirmed receipt of Ms Arvidsson’s email and indicated that the Deputy Secretary General was being briefed about the transmittal of the unredacted report to the French Government.
"Thus the UN leadership, including your Executive Office and the Deputy Secretary General as aware that the unredacted MINUSCA report had been transmitted to the French Government. If child victims and witnesses had been put at risk through the transmittal of the unredacted report to the French Government, why did the UN leadership wait until March
2015 to take disciplinary action against Mr Kompass? At the time, in August 2014, the message being conveyed to OHCHR staff in Geneva was that the UN leadership considered Mr Kompass’ disclosure of the unredacted MINUSCA report to the French Government to b appropriate under the circumstances."
  Inner City Press asks again: what did Ban and his Office DO after being informed of the evidence of French "peacekeepers" child rape in CAR on August 7-8, 2014? Ban's (French) head of UN Peacekeeping appears in the UNDT ruling asking for Kompass to resign. His UNexplained subsequent denial then (like Ban) long trip out of New York has left these questions unanswered. But the questions must be answered. Watch this site.
 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 heretranscript 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.