By Matthew Russell Lee
UNITED NATIONS, June 12 -- For days the UN has claimed that the report finding, among other things, 225 cases of UN Peacekeepers engaging in sexual exploitation and abuse in Haiti is just a “draft.” This is what Spokesman Stephane Dujarric said which Inner City Press asked about the disparity of UN Peacekeeping chief Herve Ladsous claiming only 51 complaints of sexual exploitation or abuse worldwide, while the report found 225 in Haiti alone.
On June 12 Dujarric again called it a draft, even as Inner City Press read him paragraph 57 (see below) and he blamed UN Peacekeeping's failure to help even identified victims on a lack of funding from the General Assembly.
So now, Inner City Press is putting the report, in full, online here. It is entitled “Evaluation of the Enforcement and Remedial Assistance Efforts for Sexual Exploitation and Abuse by the United Nations and Related Personnel in Peacekeeping Operations.”
Paragraph 57, for example, states that “57. The United Nations has performed very poorly in assisting victims of SEA when measured against the General Assembly’s intention that victims of SEA should be assisted “reliably”, “quickly” and “in a timely manner.”35 Data demonstrates the extent of this failure: only 26 out of 217 SEA victims (12 per cent) identified by its victim assistance architecture have been referred for assistance and of those referred, little is known what assistance, in reality, was provided to them.”
As with most of UN Peacekeeping's problems under Herve Ladsous, this is not a question of money but of will. We'll have more on this.
UN Peacekeepers' Sexual Abuse Detailed in Pre-Release “Evaluation of the Enforcement and Remedial Assistanc... by Matthew Russell Lee
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.
Ladsous, who has openly refused to answer Inner City Press question and was abetted in this by Secretary General Ban Ki-moon's spokesperson in his last press conference, used that to brag about ostensibly declining numbers of sexual exploitation and abuse complaints against his UN Peacekeeping: 51 worldwide for a whole year.
But now it emerges that in Haiti alone, the UN Office of Internal Oversight Services documented 225 women sexual exploited by Ladsous' peacekeepers. This is a cover up; Ladsous should answer or go. On June 10, Inner City Press asked UN spokesperson Stephane Dujarric,video here, transcript here:
Inner City Press: I want to ask about sexual abuse. I'm sure you've seen AP's report on the OIOS [Office of Internal Oversight Services] report on sexual exploitation and abuse, particularly in MINUSTAH [United Nations Stabilization Mission] in Haiti, saying 225 women testified that they were exchange — you know, asked by peacekeepers to exchange sex for money or food or whatever. So how do you square this with the report made here by the Mr. [Hervé] Ladsous that only 51 cases of sexual exploitation or abuse were alleged worldwide, 51 as opposed to 225 in one country? And what's going to be done to square what seems to be a dramatic underreporting by the UN?
Spokesman Dujarric: I think the — first of all, the report that you referred to in the Associated Press filing, as far as my understanding is concerned, it's still a draft report. There's still comments going back and forth, as usually there are between the concerned department and OIOS. So I'm not going to go into what's said in the report.
Obviously, the issue of underreporting is of concern. Every case needs to be looked into. Every case of sexual abuse needs to be looked into. The Secretary-General is determined to continue on the zero-tolerance policy. I think if you look at the special measures report that was issued earlier this year, I think it outlines a number of steps that were taken. And obviously, you know, all sorts of things are looked at in terms of prohibited conduct, discouraged conduct and others. So, you know, the report's still in draft form. I don't have any information on the specific cases you mentioned.
Inner City Press: Maybe the number will somehow be reduced, but what I did want to ask you is, can you say from this podium that peacekeepers requesting sex in exchange for money or food does constitute sexual exploitation and abuse, for the purposes of this 51 figure that was thrown out in this room?
Spokesman Dujarric: Again, I'm not go into that. I think if you look at the Secretary-General's special measures report, I think it outlines those things and it answers your question
This resistance to saying that peacekeepers requesting sex in exchange for money or food does constitute sexual exploitation and abuse is part of the problem. We'll have more on this.
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 here, transcript 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.
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.
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.
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.
On June 3, after Secretary General Ban Ki-moon announced an intention to name an independent panel at least 14 UN member statesmet about its terms of reference and to whom beyond Ban it should report, as Inner City Press exclusively details below.
Now Inner City Press reports on the June 5 meeting between four of those states -- minus South Africa - which met on June 5 with Ban Ki-moon and more than a half dozen other officials, including Deputy Eliasson, DFS' Atule Khare, Herve Ladsous' fill-in and others.
The states -- the UN identified them as Australia, Guatemala, Japan and Finland, though the last was Norway -- went in with a series of positions and questions, including:
"We are concerned by the damage that these incidents, and their follow-up, have done to the UN’s reputation and credibility in an area where the UN is expected to uphold the highest standards and values.
The review must be conducted in an expeditious manner and the results must be fully transparent.
It is crucial that the review looks at the whole chain of events, including the senior management’s decisions leading to disciplinary action against Mr. Anders Kompass. This has cast doubt about the credibility of the UN’s human rights commitments in field missions and about the integrity of its whistleblower policy.
The review must be conducted in an expeditious manner and the results must be fully transparent.
It is crucial that the review looks at the whole chain of events, including the senior management’s decisions leading to disciplinary action against Mr. Anders Kompass. This has cast doubt about the credibility of the UN’s human rights commitments in field missions and about the integrity of its whistleblower policy.
It is crucial to remove any doubts that the UN is fully committed to preventing sexual exploitation and abuse and to ensure effective investigation of any such allegations in field missions. In addition, accountability for perpetrators, and protection and assistance to victims, must be ensured.
Questions: What will be the scope of the Independent External Review (CAR only? The UN’s handling of the investigation, SEA more broadly?)
To what extent has the Human Rights Up Front approach been applied?
Will the review look at institutional reforms to better address cases of SEA, including timely reporting and action in cases of abuse?
Questions: What will be the scope of the Independent External Review (CAR only? The UN’s handling of the investigation, SEA more broadly?)
To what extent has the Human Rights Up Front approach been applied?
Will the review look at institutional reforms to better address cases of SEA, including timely reporting and action in cases of abuse?
Will the review look at the protection of whistleblowers? What is the status regarding the pending case against Mr. Anders Kompass – in light of doubts that have been raised about this process?"
In fact, Inner City Press is informed that OHCHR and Zeid personally are poised to not renew Kompass' fixed term contract, set to expire on July 8, 2015, and to give the required one month notice by June 8.
Inner City Press in response to the UN read-out on the evening of June 5 formally asked the UN Spokesman: "I have heard that UN OHCHR has decided not to extend Anders Kompass' fixed term contract, which is set to expire on July 8, 2015. I understand that under UN rules, he must be given one month's notice and will thus need to receive notification by no later than Monday June 8, 2015.
"Given the allegations of retaliation (and the UNDT ruling), please confirm or deny this decision to not extend this fixed term contract."
"Given the allegations of retaliation (and the UNDT ruling), please confirm or deny this decision to not extend this fixed term contract."
This retaliation, despite US Mission attempts to protect the UN, could result in funding cuts or at least damaging hearings. But as with Ladsous, high UN officials are allowed to operate out of control in their fiefdoms.
In response to the above, Inner City Press can exclusively report these UN responses:
The Office of the High Commisioner for Human Rights is sending a team to the Central African Republic.
Regarding the External Independent Review, it was assured that it will be done by someone completely outside the UN, also excluding the UN’s own investigative capacity. It was still not decided who would lead the panel, but it would consist of at least one woman and one African. It would examine the specific case of allegations in the Central African Republic, but also look at the broad range of systemic issues being raised.
Regarding the time-frame and further ToR’s of the Review, this would be discussed after the meeting and be determined shortly.
Regarding the case of Anders Kompass, it was pointed out that the separate investigation was ongoing, and the outcome must be awaited before further comments.
Regarding the External Independent Review, it was assured that it will be done by someone completely outside the UN, also excluding the UN’s own investigative capacity. It was still not decided who would lead the panel, but it would consist of at least one woman and one African. It would examine the specific case of allegations in the Central African Republic, but also look at the broad range of systemic issues being raised.
Regarding the time-frame and further ToR’s of the Review, this would be discussed after the meeting and be determined shortly.
Regarding the case of Anders Kompass, it was pointed out that the separate investigation was ongoing, and the outcome must be awaited before further comments.
But if Zeid intends to not extend Kompas' fixed term contract, that part of it is moot. And Ban is heading off on another long trip. Watch this site.
Note: three days after Inner City Press exclusively reported that Ban told the ambassadors he would name an African and a woman, slower others are repeating it, citing "diplomats." That's the UN beat.
An emerging and damaging question for the UN is who knew what, when. Inner City Press asked when Ban knew of the alleged child rapes -- "March" is now the answer.
There was a retreat of all senior UN officials in Turin, Italy on March 18-19, 2015. This was days after Kompass says he was told the French Under Secretary General for Peacekeeping Operations Herve Ladsous wanted him to resign. (Ladsous now denies this, see below.)
In Turin, Ban's chief of staff Susan Malcorra put together the ostensibly independent Ethics Office and Office of Internal Oversight Services, calling into further question the UN's claimed whistleblower protections.
If Ban's chief of staff knew of the alleged child rapes, it is difficult to believe Ban didn't know. But what did he do?
Which of the other high UN officials present in Turin learned there or before about the alleged child rapes, by then already covered up for months? There is a photo of the participants.
UN in Turin, March 19, 2015 UN Photo/Eskinder Debebe ICP: Who knew?
These include some who want to run to replace Ban, or for other high positions. We will have more on this.
The documents also implicate a number of other UN officials, and French government inaction, see below. After Press questioning turned to UN Secretary General Ban Ki-moon, what he knew and when he knew it, Ban on June 3 announced an intention to set up an "independent" Panel. Inner City Press asked if it will report only to Ban -- yes. This is a problem. Video here.
On June 3 a meeting was convened to seek answers and improvement on the UN's response, by Guatemala and Norway, with attendees from all UN Regional Groups, see below. Inner City Press has spoken with several members; Norway will be requesting a meeting for the group with Ban Ki-moon, on topics ranging from to whom the Panel will report to its Terms of Reference to the actions of OIOS and the Ethics Office.
As Inner City Press analyzed below, there is a history of UN panels being used to cover up.
Now Code Blue has these three recommendations:
"First, this must be a truly external and independent inquiry. No member of existing UN staff should be appointed to investigate nor to act as the investigators’ secretariat.
"Second, it must be understood that top members of the Secretary-General’s own staff will have to be subject to investigation. This must go right up to the level of Under-Secretaries General. No one can be excluded, whether the Director of the Ethics Office or the USG of the Office of Internal Oversight Services or the Secretary-General’s own Chef de Cabinet. It would appear that all of them and more acted inappropriately in response to the dreadful events in CAR.
"Third, the reference in the Secretary-General’s announcement of a review to ‘the broad range of systemic issues’ is crucial to the inquiry. What happened in the Central African Republic was an atrocity, but the fact that the UN stood silent for nearly a year after its own discovery of widespread peacekeeper sexual abuse (even if by non-UN troops) is itself a bitter commentary on the Secretary-General’s declared policy of ‘zero tolerance’."
Inner City Press would add, past UN staff and offiicals as well. Consider these past panels, as put together and at the end analyzed by Inner City Press and the Free UN Coalition for Access:
The "Ahtissari Panel" (2003) --
On 22 September 2003, Secretary-General Kofi Annan appointed Mr. Martti Ahtisaari, former President of Finland, to chair an Independent Panel on the Safety and Security of UN Personnel in Iraq.
The "Walzer Panel" (2004)
Panel finds senior officials lax in ensuring UN’s safe return to Iraq
The Volcker Panel (2004)
The priority of the Independent Panel’s investigation of the “oil-for-food” programme was to “get after” allegations of corruption and misconduct within the United Nations itself and, more broadly, the question of the maladministration of the “oil-for-food” programme, stated Paul A. Volcker, Chairman of the Independent Panel, in a press conference at UNHQ.
The Munoz Panel (2009)
The UN Commission of Inquiry, appointed by Secretary-General Ban Ki-moon at the request of the Pakistani Government, reached no conclusion as to the organizers and sponsors behind the attack in which a 15-year-old suicide bomber blew up Ms. Bhutto’s vehicle in the city of Rawalpindi on 27 December 2007. The three-member panel, which was headed by Chilean Ambassador to UN Heraldo Muñoz and included Marzuki Darusman, former attorney-general of Indonesia, and Peter Fitzgerald, a veteran official of the Irish National Police, urged the Government to undertake police reform in view of its “deeply flawed performance and conduct.”
The Palmer Panel (2011)
Secretary-General Ban Ki-moon established the Panel of Inquiry on the 31 May 2010 Flotilla Incident on 2 August 2010. The Panel received and reviewed reports of the detailed national investigations conducted by both Turkey and Israel.
The Marzuki Panel (2011)
On 22 June 2010, the Secretary-General announced the appointment of a Panel of Experts to advise him on the implementation of the joint commitment included in the statement issued by the President of Sri Lanka and the Secretary-General at the conclusion of the Secretary-General's visit to Sri Lanka on 23 March 2009.
What exactly has the UN done about Sri Lanka?
And here is the UN's June 3 announcement, and Inner City Press' immediate questions, here.
Meanwhile UN staff advocates have written to Secretary General Ban Ki-moon, his chief of staff and Ladsous, among others, demanding resignations. On June 2 Inner City Press asked UN spokesman Stephane Dujarric, who Banned any Inner City Press question to Ladsous on May 29, what Ban Ki-moon DID, once he learned in March about the rapes.Video here and embedded below.
Dujarric said he had nothing to add to his previous answers. Huh?
Inner City Press asked Dujarric, in light of OHCHR Zeid using a private email address for UN business, what the UN's record retention policy is. Dujarric said the policy must be available somewhere. To this has the UN descended.
Dujarric said the investigation by Lapointe's OIOS, discredited in the leaked emails, will "lead where it will lead." But Lapointe has told OIOS invstigators to not go beyond what they are asked to look at -- in this case, only the whistleblower. This is called a cover up.
