Showing posts with label khare. Show all posts
Showing posts with label khare. Show all posts

Friday, June 5, 2015

Exclusive: On Central African Republic Rapes, Ban Ki-moon Tells Four States of Panel, "One Women, One African" - But Whistleblower Kompass' Contract Not Extended?


By Matthew Russell Lee, Exclusive
UNITED NATIONS, June 5 -- 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 leaked to the French government by longtime OHCHR staffer Anders Kompass. 
 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 beond 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.
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?
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."
  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.
  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.
  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 UN did not give the report to the host country authorities in CAR. And according to UN documents -- on May 29 released in more detail by Code Blue naming Ladsous directly, here -- UN Peacekeeping chief Herve Ladsous then urged that the whistleblower Kompass be forced to resign.

  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.


Many are asking why UN High Commissioner for Human Rights Zeid, while emailing with the UN Ethics Office and OIOS, was using a private Gmail address, and not his work account.

 When Hillary Clinton used the UN Security Council stakeout to belatedly answer questions about her own use of private email while US Secretary of State, it was described as an accident of scheduling, or attempt to use the UNSC backdrop to convey gravitas. But the echo now with Prince Zeid also using private email for presumably public business raises similar questions.

  But will the questions be asked, much less answered? Reuters, typically, ran a piece on May 30 repeating Zeid's press release, withlittle analysis of his role, or use of private email, or Herve Ladsous, who has now been emailed staff advocates' call for resignations.

  Anders Kompass was asked to send his side of the story -- to a private email address, but wisely declined.

Beyond the treatment of Kompass himself, the documents show pressure brought to bear on lower-level staff to make and thereby launder the high officials' desire for an investigation of Kompass.

  Most directly, it is asked, what UN staff member will now report fraud or misconduct, knowing that OIOS and the Ethics Office will then discuss the accusations with their boss? This is a question Inner City Press on May 29 asked UN Spokesman Staphen Dujarric, who BannedInner City Press from putting a single question to Ladsous - the question has yet to be answered.

    UN staff advocates have written directly to Ban Ki-moon and his deputy, Ladsous and Atul Khare and others, demanding resignations. They are offended by the exposure of lack of independence at the UN Office of Internal Oversight Services and UN Ethics Office, and question whether the US should cut off funding under the 2014 U.S. Consolidated Appropriation Act, section 7048(a)(1)(B). After reading those leaked documents, how exactly can the U.S. Secretary of State (or anybody else) certify that the UN's whistle-blower policy fulfils the Act's requirements? Is there any "independent adjudicative body" in this chain? Evidently the Ethics Office and OIOS are not."

  The staff notice Ban's appearance at another softball soccer game, among those who are supposed to hold him and the UN accountable. The call for Ladsous to resign out be fired has spread from the African Group to Latin America and GRULAC.

On May 30, OHCHR for Prince Zeid issued a statement beginning, "In the wake of the revelations of alleged serious sexual abuse of children."

  But Zeid was told of the allegations long before their "revelation" via leaks. And tellingly, he continued to mistakenly think and say the rapes were in Mali and not CAR.

 Likewise, both UN Peacekeeping's Herve Ladsous -- listed as urging the whistleblower to resign, which he denies while refusing to take questions on -- and Secretary General Ban Ki-moon both knew of the alleged child rapes by "the Spring," but did nothing.

  This requires an investigation, and not by the UN's Office of Internal Oversight Services, shown to not be independent, told to meet Zeid and the UN Ethics Office by Ban's chief of staff Susan Malcorra.

  Inner City Press reported on some of the documents and went to Ladsous' rare press conference on May 29 (International Day of UN Peacekeepers) in order to ask some questions. Video here.

  But Secretary General Ban Ki-moon's spokesman Stephane Dujarric, choosing who could ask questions, refused to call on Inner City Press, even for Ladsous to say, as he did under Dujarric's predecessor Martin Nesirky, "I don't respond to you, Mister."

  So Inner City Press objected, on behalf of the new Free UN Coalition for Access (the old UNCA has become part of the problem) and asked questions, video here, transcript here.

  The documents also call into serious question the claims of "independence" from the office of Ban Ki-moon of the Office of Internal Oversight Services and the UN Ethics Office.

  Consider this: OIOS head Carman Lapointe, writing to James Finness (still in charge of the "investigation" spokesman Stephane Dujarric continues to use as an excuse to not answer question), noted that at the UN staff retreat in March "I received an urgent email from the CdC [Ban's Chef de Cabinet Susana Malcorra] to meet with Zeid, Flavia and Joan."

  So OIOS is not independent - it can to told, by Ban's chief of staff, to meet with collaborate with the Ethics Office as well as OHCHR's Zeid and Pansieri.

 Inner City Press previously reported on and asked Dujarric about OIOS' flawed process and a high profile recusal, see below.

  Embarrassingly, Lapointe says for fully 20 minutes they were told the rapes occurred in Mali, not CAR -- the same mistake Zeid made. How can a mere OIOS investigation be accepted? We'll have more on this.

 As noted, Inner City Press reported on some of the documents and went to Ladsous' rare press conference on May 29 (International Day of UN Peacekeepers) in order to ask some questions.

  But Secretary General Ban Ki-moon's spokesman Stephane Dujarric, choosing who could ask questions, refused to call on Inner City Press, even for Ladsous to say, as he did under Dujarric's predecessor Martin Nesirky, "I don't respond to you, Mister."

So why did Nesirky allow Press questions to Ladsous, and Dujarric didn't?

  Dujarric set the first question aside for "UNCA" -- but called on an individual who was not elected to their board, who lost the election; her question was a vague softball offering Ladsous a chance to comment on Central African Republic. He said, it was one nation, not under blue helmet.

  But Ladsous' MINUSCA mission knew of the sexual abuse since at latest August 5, 2014. Inner City Press said, "Follow up on CAR?" Dujarric called on Reuters, which previously wrote to him trying to get Inner City Press thrown out of the UN (then filed to get his leaked complaint blocked or Banned from Google's Search, here.) Reuters did not even aske about the CAR sexual abuse.

  What emerged is that both Ladsous -- and, troublingly, Ban Ki-moon -- were formally informed of the sexual abuse of children in CAR "in the spring."  What date? And what did they do?

  Dujarric said, "last question;" as Ladsous left the room Inner City Press asked Ladsous about him speaking about the whistleblower Kompass with OHCHR's Zeid, also a subject of the new documents -- no answer.

  Inner City Press objected to Dujarric, who has fielded or dodged a dozen Inner City Press questions about the CAR rapes and Ladsous' role, not even being allowed to ask a question. Dujarric said, "Noted."Video here.

 And what? Again, Dujarric's predecessor Nesirky, and his deputy Del Buey, allowed Inner City Press to put questions to Ladsous. What if the difference? We'll have more on this.

On July 30, 2014, Ambassador Nicolas Niemtchinow, Permanent Representative of France to the UN in Geneva wrote to
Kompass that action was being taken. But then, nothing.

 On August 5, 2014 the Human Rights Officer in CAR of OHCHR wrote to Renner Onana of the already-then UN mission MINUSCA; DPKO's SRSG Babacar Gaye was referenced.

   So when did Gaye or MINUSCA tell DPKO chief Ladsous?

Tellingly, even the UN's cover up was delayed by High Commissioner Prince Zeid thinking he heard of French troops' sexual abuse in MINUSMA (Mali) and not MINUSCA (CAR).

  Zeid asked his predecessor Navi Pillay if she met with French representatives about rapes in Mali -- the answer was no -- then much later asked her if she'd met with the French about CAR (the answer was yes.)

  It was Zeid's Deputy Flavia Pansieri who conveyed Ladsous' directive to Kompass to resign. Zeid in his statement makes much of Pansieri meeting with a Swedish diplomat in the street, in casual clothes, after Sweden raised l'affaire Kompass at a dinner in honor of Ban Ki-moon's Deputy Jan Eliasson. THe UN's move now seems to be to try to lay all blame on Pansieri, whose term was expiring anyway. We'll have more on this.

   From Kompass' March 29, 2015 narrative, here:

"On 12 March 2015 meeting with the Deputy High Commissioner I was informed that the High Commissioner requested my resignation for the way I dealt with the reports of paedophilia in the Central African Republic. I was told that the High Commissioner had been asked for my resignation by Mr. Ladsous, Under Secretary-General for the Department of Peacekeeping Operations in New York, during a visit of the High Commissioner to New York."

  Ladsous curtly denied this to Inner City Press, video here, then again refused to answer questions -- as he has outright refused to answer Press questions on rapes in the DR Congo and Darfur.

   On May 27, Inner City Press asked UN spokesman Stephane Dujarric, here.

  Follow up stories in the New York Times and on AP managed to not mention Ladsous, despite Paragraph 9 of the UN Dispute Tribunal reinstatement order.
.


 Inner City Press, which reported exclusively on that meeting, on May 22 asked UN deputy spokesperson Farhan Haq about the probe, video here



Absent from the UN Fifth (Budget) Committee's May 18 meeting was not only embattled Peacekeeping chief Ladsous,, but also OIOS' Carman Lapointe.
 In her stead for OIOS was Michael Stefanovic, who told the Fifth Committee that he has recused himself from the investigation and has written to Secretary General Ban Ki-moon as to why. 
  This is highly irregular. If the recusal was made on a personal connection between Stefanovic and the whistleblower Anders Kompass, Stefanovic would have recused himself from the earlier investigation - but he didn't. If it were such a recusal, he would have written to Lapointe, and not to the S-G.
   For now we add this -- if OIOS Director Stefanovic has a conflict of interest, how can the UN be asking others to rely on an OIOS investigation? Inner City Press has asked a Permanent Member of the Security Council -- not France -- if an OIOS investigation would be sufficient, and has been told "No." 
 Now we have this, from the Fifth Committee's May 20 meeting:
Lapointe, summoned to the meeting via her Byun-kun Min, was asked
-When did OIOS/ID start the investigation into Anders Kompass?
-Why did Mr. Stefanovic recuse himself from the Kompass investigation?
-In view of Mr. Stefanovic recusing himself, did Ms. Lapointe see any impediments for the scope of the investigation, especially as it appeared to implicate an ASG or USG in misconduct?
  Note - this is a reference to UN Peacekeeping USG Ladsous.
 Multiple sources tell Inner City Press Lapointe replied that Stefanovic told only the Secretary General, not her, that he recused himself, and that the Deputy Director of OIOS in Vienna is now "overseeing" the investigation.
So those now on the case are James Finniss, Kanja and Margaret Gichanga -- who has been asking to interview WIPO whistleblower Miranda Brown, who worked alongside Kompass for a time. We'll have more on this. It is a new low for the UN.
Back on May 18, Inner City Press, staking out the Budget Committee meeting, spoke with Ban's chief of staff Susana Malcorra when she left the meeting. Here is a transcript, followed by an exclusive summary of what happened inside the closed meeting.
Inner City Press: How did it go in there? Are their questions answered?
CdC Malcorra: Well I hope, yes. Some of them still have questions that will be answered by my colleague. I think I’ve made a point of what it is that we’re discussing here. This investigation is a UN investigation. It was led by the UN in the field when they had allegations handed to them. It was the human rights cell in the mission that led this investigation. It looks like we were absent, but it was us...
And this investigation could, at least prima facie, there were places clear enough to further investigate by the member state. And as such, the information was provided to a member state. On a separate front, is how the information is provided. And we cannot accept the irresponsibility of the names of the victims, the witnesses and the investigators shared with the member states ... it’s inacceptable. It may look like a bureaucratic approach. It’s not a bureaucratic approach...
Inner City Press: What about not telling Central African Republic authorities?
CdC Malcora: They are discussing that now.
   After the meeting ended, and Inner City Press spoke with numerous attendees - a common refrain was that the UN leadership is "in denial" - we have pieced together this summary of the meeting, and the totally insufficient answer on UN Peacekeeping chief Ladsous' role, a lack of recognition of his UNAMID mission's previous cover up of rapes in Tabit in Darfur, which the US and UK and other say they care about, and lack of follow up on whistleblowers.
Attendees' summary of Ban Ki-moon chief of staff Malcorra:
"Malcorra said she had no idea the session would go into the specifics of CAR, she thought it was to touch upon general Sexual Abuse and Exploitation policy (several attendees were dubious and angry about this approach.)
  Malcorra said that in the case of misconduct by UN staff the procedures were in place. In this case, even when it was not UN peacekeepers the human rights cell in Bangui was there and they were the ones that initiated the investigation. It is thanks to the UN that allegations were substantiated and it was enough to decide to proceed with a further investigation.
  The wrongdoing of the UN staffer Anders Kompass was to have shared the information without it being redacted putting the victims, witnesses and investigators lives in danger. She repeated many times this was a serious breach and that she disagreed with anyone that didn’t view this conduct wrong.
   According to Malcorra the UN investigation lasted three months which allowed them to substantiate the allegations.  When that finding was final it went to the two lines of command: The head of mission in CAR and the OHCHR.  But, several asked, why didn't either of these tell the CAR authorities?
Malcorra said she would have preferred this case hadn't surfaced in the media and that it is regrettable member states have had to learn matters from the press. But that, Malcorra said, member states have to be aware that the press manipulates everything. Several states talked about the UN image and credibility to which Malcorra said she was very sad with those comments because if not for the UN these troops could have gotten away with these disturbing acts. She also said this was a clear case of damned if you do damned if you don’t. But what about the cover up? What about Ladsous?
  Malcorra said that “no other element had been taken into account” for Kompass' firing. But member states were aware of Paragraph 9 of the UN Dispute Tribunal ruling reinstating Kompass. As noted, one Permanent Representatives (and several other diplomats) told Inner City Press that Ladsous should resign.
  Tellingly, the sources say, Malcorra claimed didn’t recall any UNAMID coverup allegations. Tabit?
   Malcorra didn’t even address the Otis report on whistleblowers - which Inner City Press has been asking Ban's spokesman about, repeatedly -- but assured member states that due protections are in place and that an adequate policy exists.
  Malcorra said she looks forward to working further on the UN convention in paragraph 57 of the SG report on SEA and agrees that there are systemic flaws, and therefore there will be a review of all the processes.
  According to sources in the meeting -- Inner City Press asked and was told to inquiry with member states -- the  Legal Counsel and head of OLA qualified as excellent the cooperation with the French Authorities and that the lifting of immunity so far hasn’t been necessary because at this stage its very general requests of information that the UN promptly has given to the French authorities. For the sake of efficiency hasn’t gone through the lifting of immunity process but if a trial or judge becomes involved they will do it quickly at a later stage. Several member states were dubious. The EU, Inner City ress is informed, said “accountability starts at the top.”
 Malcorra left unanswered why the host state, the CAR, was not involved. She is said to have ignored the specific question on the status of the OIOS investigation. She ignored the complaints about under-reporting saying that the trend of decrease was very clear and that the USG of DFS would go into details (what he did, genially, was repeat the Secretary General's report).
  An impartial investigation was called for, from both sides of the Atlantic and elsewhere. There was a refrain afterward: Ladsous should resign."
  Herve Ladsous was conveniently out of town, on Mali over that weekend he chided Malians for not sufficiently thanking France for the French Operation Serval. Would he say the say in Bangui, about Operation Sangaris?
  A well-placed African Permanent Representative before the meeting told Inner City Press before the meeting that Ladsous should resign. But with him conveniently absent, would others be left holding the bag, trying to explain why he, Ladsous, appears in the UN Dispute Tribunal ruling as urging that the whistleblower resign?
  Back on May 8, Inner City Press asked US Ambassador Samantha Power about both issues - the UN's failure to tell the CAR authorities, and Ladsous' "surprising" role, as High Commissioner Zeid put it earlier in the day. Video here and embedded below. Then Inner City Press asked the UN Spokesman, Stephane Dujarric, about the contradiction; for the first time, he gave a timeline.
  Here is the video of Inner City Press questions to US Ambassador Power:

  It is an answer that may move things forward. Ladsous, it should be noted, just this week snubbed a Joe Biden-linked Hemispheric peacekeeping conference in Uruguay, wasting an $8,000 first class plane ticket and angering many troop contributing countries. He refuses to answer Press question, for example on rapes in Minova, DRC and Tabit in Darfur.
   As noted, on May 8, High Commissioner Zeid held a press conference, and twice refused to comment on why Ladsous was said to have pressured to fire or suspend the whistleblower.
  Inner City Press has covered Ladsous' role from the beginning, and highlighted his appearance in Paragraph 9 of the UN Dispute Tribunal ruling reinstating Kompass. On May 7, Ladsous told Inner City Press, "I deny that" - then refused to take questions.
 Zeid was asked, and first time said he should first give his view of the pressure to the investigator, not the media.
 The second time, he said he was surprised to read it -- his Office did not contest that part of the ruling, effectively admitting it -- and that the head of UN Peacekeeping should not have been intervening about a non-UN force.  Video here.
 Neither he nor the questioners in the room in Geneva said the obvious: Ladsous is a longtime French diplomat; it is not rocket science to read Paragraph 9 as him (inappropriately) still working for "his" country.

 Zeid said other things we'll report later; he alluded to the need for a Commission of Inquiry. Some ask, will Ladsous quit before then? Or after?
 For more than nine months, no action was taken -- no interviews of victims or alleged perpetrators were done -- other than the UN suspending Kompass for the leak, on which the UN Dispute Tribunal ruling recites that UN Peacekeeping chief Ladsous requested Kompass' resignation. (See Paragraph 9, here.) Ladsous told Inner City Press he denies it - then refused questions.
  Early on May 8, UN system staff complained to Inner City Press that UN High Commissioner for Human Rights Prince Zeid of Jordan, in a closed staff meeting on May 8, tried to downplay the scandal, going so far as to blame imams in Bangui for not playing their role.
  But it was OHCHR which didn't even give the report of the rape of CAR children to CAR authorities, only to the French.
  In places, Zeid appeared to try to use his record ten years ago on sexual abuse to shift the blame to imams.  Inner City Press has shown a failure by his Office to act on past leaking, to Morocco. We'll have more on this.
  On May 7, Inner City Press asked more questions about this - including to Herve Ladsous himself.
  After a long closed-door consultation meeting of the Security Council, Ladsous emerged. Inner City Press asked him, based on Paragraph 9 of the UNDT ruling, Why did you ask Kompass to resign?"
  Ladsous stopped and said, "I deny that." Inner City Press put the handheld video online, here.

 
  

Monday, May 18, 2015

On CAR Rapes, UN Budget Committee Has Malcorra & Khare, No Ladsous Who "Should Resign"


By Matthew Russell Lee
UNITED NATIONS, May 18 -- 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 leaked to the French government by longtime OHCHR staffer Anders Kompass.
  The UN did not, however, give the report to the host country authorities in CAR. And according to UN documents, UN Peacekeeping chief Herve Ladsous then urged that the whistleblower Kompass be made to resign. (Ladsous curtly denied this to Inner City Press, video here, then again refused to answer questions.)
  Now on the afternoon of May 18 some in the UN's Ban Ki-moon administration have been summoned into the Fifth (Budget) Committee to answer questions. Inner City Press, staking out the meeting, spoke with Department of Field Support chief Atul Khare, and nodded hello with Ban's chief of staff Susana Malcorra, Zeid's New York representative Ivan Simonovic and the UN's top lawyer.
  Herve Ladsous is conveniently out of town, on Mali over the weekend he chided Malians for not sufficiently thanking France for the French Operation Serval. Would he say the say in Bangui, about Operation Sangaris?
  A well-placed African Permanent Representative before the meeting told Inner City Press before the meeting that Ladsous should resign. But with him conveniently absent, would others be left holding the bag, trying to explain why he, Ladsous, appears in the UN Dispute Tribunal ruling as urging that the whistleblower resign?
Update: Amid the meeting, Inner City Press was informed that the Ban Ki-moon team "tried to say they were summoned under false pretenses," they thought it was about Sexual Abuse and Exploitation generally, and not the CAR. This was not believed: they brought senior officials, except the one "with the conflict of interest," Ladsous.
Update II: at 4:25 pm, Ban Ki-moon's chief of staff Malcorra exited the meeting. Inner City Press asked her if she felt the questions were answered. She emphasized that an Office of the High Commissioner for Human Rights cell in CAR found prima facie evidence of sexual abuse by the French soldiers and told that member state. (The actions on Kompass, she said, were separate - she emphasized the potential harm from leaking unredacted reports).
 Inner City Press asked Malcorra, what about not telling the Central African Republic? She said, they're talking about that now.
  But what about Ladsous? Watch this site.
  The wider Group of 77 and China joined in the request as well; diplomats of several European and Latin countries Inner City Press spoke with on May 15 say they too have questions, although their countries had not requested the session.
   The question now is, what will Malcorra have to answer? Key among this should be why the (French) head of UN Peacekeeping appears in the UN Dispute Tribunal ruling, Paragraph 9, trying to get the whistleblower fired. The Office of the High Commissioner for Human Rights did not dispute this, and High Commissioner Zeid has called it "surprising."
  How will Malcorra explain it? Can she? 
  There is also the troubling question of why the UN -- OHCHR and UNICEF -- did not tell Central African Republic authorities about the alleged rapes.  What does this say about the UN's relationship with and respect for host countries, particularly in Africa? Watch this site.
  On May 8, Inner City Press asked US Ambassador Samantha Power about both issues - the UN's failure to tell the CAR authorities, and Ladsous' "surprising" role, as High Commissioner Zeid put it earlier in the day. Video here and embedded below. Then Inner City Press asked the UN Spokesman, Stephane Dujarric, about the contradiction; for the first time, he gave a timeline. From the UN transcript:
Inner City Press: Iwant to ask you about these alleged rapes in the Central African Republic.  Prince Zeid [Ra’ad al-Hussein] held a press conference today.  Just as an aside, I would have liked to have seen it announced from here on this very topic.  And he said… he was asked directly about what I've been asking you about, the statement in the UN Dispute Tribunal ruling that the Under-Secretary-General of Peacekeeping asked the whistle-blower to resign.  And it was said, and this is why I want to ask you, because I know you said you don't agree with it, but this was a statement that was not contested at the time by the respondent.  So, this means that the UN… the people involved saw the claim and didn't have any problem with it.  I'm not saying that that means it's true.  When you say you don't agree with it, is that a personal position or a UN position?

Spokesman Dujarric:  I don't think I said I didn't agree with it.  I said you're taking it as fact.  It's his position.

Inner City Press:  Which the UN didn't disagree with.

Spokesman:  I'm just saying it's his position.

Inner City Press:  My question on this is, he said he'd like to say more, but would say it to some forthcoming, apparently, investigative commission.  Ambassador [Samantha] Power at the stakeout said the same thing, that all of this needs to be looked at independently.  So, what's the status of that?  Is the Secretariat having any role in that?

Spokesman Dujarric:  There's obviously the OIOS [Office of Internal Oversight Services] inquiry going on into Mr. [Andres] Kompass and into everything related to that.  You know, I think the aim right now is to ensure accountability for the victims of these alleged rapes and horrendous abuse [that] these young children suffered at the hands the soldiers.  That's… that should be everyone's aim.  Obviously, there will come a time I think when we will need to take a look at how this issue was handled, but I will also add that there is obviously an internal investigation through OIOS and looking at Mr. Kompass.  At this point, I don't have anything to add.

Inner City Press:  The other thing… something you said yesterday was about this, there was no harm to the French investigation by not lifting immunity because they were written questions that were answered.  There's an article in Le Monde today that says that, yeah, written answers were provided seven months after the questions were proffered and was provided on 29 April, which just happened to be the date on which the exposĂ© was first published.  I'm wondering… you can read Le Monde.  I can read it to you.  But, that's what they are saying, basically.

Spokesman:  You know, I think that there are different timelines going on here.  The prosecutor in Paris has his own timeline.  What I can tell you is that on 10 October, the Permanent Mission of France of the UN sent a note verbale to the Secretary-General, to the Office of Legal Counsel with a request from the… from a French judicial authority, a vice-prosecutor, confirming they had a hard copy of the report, which obviously had gone from Mr. Kompass, requesting for us to waive the immunity of the investigator, the OHCHR [Office of the High Commissioner for Human Rights] investigator, who authored the report and allowed him to be interviewed.

Following consultations internally, which obviously involve the Mission in the Central African Republic, which involved OLA [Office of Legal Affairs], which involved UNICEF, which involved the Office of High Commissioner for Human Rights, we wrote back, saying that we will fully cooperate, that we are offering to send them a copy of the redacted report.  And again, here, I can't stress enough the importance of shielding the identities of the victims.  I mean, there are a number of countries in Europe, for example, where it is illegal to share the names of rape victims or of minors who have gone under child abuse, so I think that the issue of protecting the names of the witnesses and those who have been abused is primary.

We also told them that the chief investigator was right now serving in a post in Chile and will provide responses in writing to any questions put forward by French investigators.  We stressed that this cooperation was done on a voluntary basis without any prejudice to the issues of privileges and immunity. That was a letter that we wrote to the French authorities on 5 November.  On 6 February of 2015, we received a letter from the French mission transmitting, obviously, documents that had gone from their own judicial authorities, the written questionnaire and which was for the investigator and reiterating the request to lift the investigator's… the investigator's immunity.  That was on 6 February.

On 30 March, we reiterated our full cooperation to the French.  We provided them with a copy of the redacted report.  We transmitted to them the copies of her… the questions and answers, with the answers provided by the investigator.  We confirmed, yet again, that there was no need to lift immunity because this cooperation would be done on a voluntary basis without any prejudice to the investigation… to our immunities.  I think it serves to remind people… you know, the issue of immunity, I think, is one that is not always fully grasped by those that don't cover the UN on a regular basis.  The UN lifts the immunities of its staff members in a number of cases when they need to testify in front of judges, in front of courts.  We do that.  The immunity is not there to stand in the way of justice being served.  At this point, if there's no need to lift the immunity, it's not lifted.  If there is a need to lift the immunity to provide testimony before a judge or a court in a legal proceeding, it is studied.  It is very often done.

So, I think we're looking at different timelines.  I think different bureaucracies have different timelines.  I've given you ours.  The prosecutor clearly has his or her own; I don't know the gender of the prosecutor.  That's where we are.

Inner City Press:  Just one follow-up.  I appreciate that.  This will be the… there's one date you didn't mention there, which is 12 March 2015, in which the whistle-blower was summoned in and told to resign.  He said and was uncontested by High Commissioner of the Office of Human Rights at the request of the Under-Secretary-General of Peacekeeping.  So, my question is, what was the problem… I understand everything about protecting witnesses.  If the information presumably is provided to prosecutors, like there are rules against it, but it's not illegal for one investigative authority to share the information that could bring about a prosecution with that prosecuting authorities; what's the problem with that?

Spokesman:  I think, again, on Mr. [HervĂ©] Ladsous, I think he spoke to it… he spoke to it at the stakeout.  I've said what I've had to say about Mr. Kompass's allegations.  I think the High Commissioner spoke at length and eloquently this morning, so I have nothing to add.  I think it is vital for the work of the human rights organs of this Organization that, when people give us testimony with the understanding that it will be kept confidential, that it is in fact kept confidential.  I think the High Commissioner said clearly that the investigative responsibility, the criminal investigative responsibility, is in this case with the French soldiers with the French authorities.  It is with national authorities.

The human rights mechanisms in this organization conduct a lot of commissions of inquiry.  We have ones going on on Syria, on the [Democratic People’s Republic of Korea], to name just two.  People give us testimonies with the understanding that we will be… we will guarantee that this… their names will be kept confidential.  I think that is exactly the issue here, is that when people give us testimony with the understanding that it be kept confidential, we have a responsibility to keep that confidential.  The handling of Mr. Kompass' case administratively, what was said, what was done is being reviewed internally.
  Here is the video of Inner City Press questions to US Ambassador Power:

Inner City Press: One issue that has arisen that may not even need to wait for an investigation is that the Central African Republic says that they were never told of this, and given that these were their citizens, I wonder if you—does the U.S. think that when the UN system becomes aware of charges such as these, that the host country should be told? There’s also this issue, in the UN Dispute Tribunal ruling, that the Under Secretary General of Peacekeeping was reported, and the UN didn’t seem to dispute it, to have said that the whistleblower should resign or be suspended. And I wonder, this seems like a pretty serious charge. What do you think of that? Do you think that that is appropriate? What do you think of the treatment of the whistleblower who brought it to light?

Ambassador Power: "I think, on a lot of these issues, we’re all going to be better off if we allow an impartial investigation to take hold. And, I think, you raise a really, really important issue about host country involvement, and we’d want to, again, get the facts on that. Certainly, it is the case that the host country itself, of course, has the sovereign responsibility for the protection of its citizens, and so, looking at what role Central African Republic authorities played or didn’t play has to be part of this.

"And then, in terms of the individual who disclosed the allegations, who worked for the Office of the High Commissioner for Human Rights, again, it’s extremely important that any individual who comes into possession of allegations of this gravity acts swiftly. It is also extremely important that victim and witness safety be a very significant, a primary consideration as well. And so again, the impartial investigation will look at the handling and how both the issue of speed and the issue of victim and witness protection—how those issues were handled."
  It is an answer that may move things forward. Ladsous, it should be noted, just this week snubbed a Joe Biden-linked Hemispheric peacekeeping conference in Uruguay, wasting an $8,000 first class plane ticket and angering many troop contributing countries. He refuses to answer Press question, for example on rapes in Minova, DRC and Tabit in Darfur.
   As noted, on May 8, High Commissioner Zeid held a press conference, and twice refused to comment on why Ladsous was said to have pressured to fire or suspend the whistleblower.
  Inner City Press has covered Ladsous' role from the beginning, and highlighted his appearance in Paragraph 9 of the UN Dispute Tribunal ruling reinstating Kompass. On May 7, Ladsous told Inner City Press, "I deny that" - then refused to take questions.
 Zeid was asked, and first time said he should first give his view of the pressure to the investigator, not the media.
 The second time, he said he was surprised to read it -- his Office did not contest that part of the ruling, effectively admitting it -- and that the head of UN Peacekeeping should not have been intervening about a non-UN force.  Video here.
 Neither he nor the questioners in the room in Geneva said the obvious: Ladsous is a longtime French diplomat; it is not rocket science to read Paragraph 9 as him (inappropriately) still working for "his" country.

 Zeid said other things we'll report later; he alluded to the need for a Commission of Inquiry. Some ask, will Ladsous quit before then? Or after?
 For more than nine months, no action was taken -- no interviews of victims or alleged perpetrators were done -- other than the UN suspending Kompass for the leak, on which the UN Dispute Tribunal ruling recites that UN Peacekeeping chief Ladsous requested Kompass' resignation. (See Paragraph 9, here.) Ladsous told Inner City Press he denies it - then refused questions.
  Early on May 8, UN system staff complained to Inner City Press that UN High Commissioner for Human Rights Prince Zeid of Jordan, in a closed staff meeting on May 8, tried to downplay the scandal, going so far as to blame imams in Bangui for not playing their role.
  But it was OHCHR which didn't even give the report of the rape of CAR children to CAR authorities, only to the French.
  In places, Zeid appeared to try to use his record ten years ago on sexual abuse to shift the blame to imams.  Inner City Press has shown a failure by his Office to act on past leaking, to Morocco. We'll have more on this.
  On May 7, Inner City Press asked more questions about this - including to Herve Ladsous himself.
  After a long closed-door consultation meeting of the Security Council, Ladsous emerged. Inner City Press asked him, based on Paragraph 9 of the UNDT ruling, Why did you ask Kompass to resign?"
  Ladsous stopped and said, "I deny that." Inner City Press put the handheld video online, here.