Saturday, April 29, 2017

On New UN Sex Abuse in DRC, While MONUSCO Lists 5 Accused, UNHQ Won't Answer


By Matthew Russell Lee
UNITED NATIONS, April 28 – Amid vague claims of reform at the UN, even the victims of high profile UN malfeasance such as the sexual abuse of children in Haiti, the DR Congo and the Central African Republic remain without any remedy - or even the DNA tests that the UN took. The UN won't even answer questions. On April 28, Inner City Press asked the UN's holdover spokesman Stephane Dujarric, UN transcript here: Inner City Press: I wanted to ask you about these new sexual abuse allegations in the DRC [Democratic Republic of the Congo].  Seems like… like now the UN, I guess, there is naming a Romanian military observer accused of sexual abuse of a minor and others, including from Burundi.  Have you seen the story?  Can you respond to this?

Spokesman:  I have not, but I will take a look at that as soon as I leave the podium.
Inner City Press: Seems like MONUSCO [United Nations Organization Stabilization Mission in the Democratic Republic of the Congo] has said this…

Spokesman:  I'm not disputing it.  I'm just saying if I haven't seen it with my own eyes, it's hard for me to respond.

Inner City Press:  I would assume, having seen all the posters around the building, like, wouldn't DRC have said… wouldn't MONUSCO have told the UN…?

Spokesman:  Matthew, I don’t…
  The day ended with no update at all. On April 13 in the UN Security Council US Ambassador Nikki Haley took the issue on, recounting the luring of children in Haiti with cookies and snacks, and the "disgusting" video-taping of an attack in 2011. She said that Troop Contributing Countries which do not prosecute those charged with abuse should not be paid. Video here; transcript below. On April 21, Inner City Press asked the UN's holdover spokesman Stephane Dujarric, UN transcript here: Inner City Press:  On Haiti I wanted to ask, I’m sure you saw the article in The Guardian about the failure of the UN to assist and cooperate with women who had children by peacekeepers, they say, getting DNA tests; and there is one case where the woman was 16 at the time, under the age of consent, and the UN did a DNA test in February 2014 but has not, according to her lawyer, shared it with her.  How is this consistent about the statements of accountability and zero tolerance to not share this DNA test with a person who it seems was victim of statutory rape by an UN peacekeeper?

Spokesman:  My understanding from our colleagues in the mission is that of the cases that are discussed in the article, eight out of the nine are in our records.  Out of the eight cases, one is closed, where paternity has been established and an ex gratia payment has been made for child support by the mother of the… to the mother by the Member State and the other seven, we are following up regularly with the concerned Member State.  In some cases, paternity has been established through DNA testing that the mission has facilitated between the victim and the Member State and in others we are in touch with the Member State to facilitate the DNA testing and process the claim.  We have requested the ministry to encourage the lawyer to provide credentials of one of the victims whose name does not appear in our records.  So as far as I understand, the cases are being followed up on and it’s clear that the Member States of the peacekeepers who are being accused have a responsibility to cooperate and to pay ex gratia, to pay the mothers of the victims and if there was a crime that those people be prosecuted.

Inner City Press:  Can you explain in English what ex gratia means and can you say how much is paid…?

Spokesman:  I don’t have the information because that is something issued between the Member State and the family.  Ex gratia just means a cash payment, as far as I understand it, but you’re the lawyer so you may know more.

Back on April 13, Inner City Press asked UN Spokesman Stephane Dujarric, video here, transcript here: Inner City Press:  today, in the Security Council
 [...] child sex ring run by the UN in Haiti by Haitian peacekeepers, you said, well… you didn't say bygones.  You said it was long time ago.  So I wanted to ask you…

Spokesman:  It's not, it's not at all what I said, Matthew…
Inner City Press:   I have the trans…

Spokesman:  You have the transcript.  You can interpret the transcript…
Inner City Press: Here's my question.

Spokesman:  It's not at all what I said.
Inner City Press:   And I would like you today, at end of the day, on your holiday, I would like you to get an answer, of the more than 100 Sri Lankan peacekeepers known by the UN to have bought children for sex with cookies and snacks, were any of them ever prosecuted?  And, if they weren't, why is it that DPKO [Department of Peacekeeping Operations] has continued to deploy Sri Lankan soldiers to the three missions you mentioned yesterday, and I believe they're on tap for Mali?

Spokesman:  I don't think they continue to deploy.  As you know, there was no deployment of Sri Lankan peacekeepers for a long time.  The issue of impunity of peacekeepers who committed horrendous crimes, who violated the trust given to them and were not persecuted is one of the reasons, and one of the many reasons, this Secretary-General and his predecessor have pushed for greater accountability and have pushed for greater partnership for Member States.  And Member States have not always given us the information we needed.  So I would urge you to check with, with the Sri Lankans.
Inner City Press:  But I'm asking you, as the UN that continue, that deploys this troop-contributing country, of the 100… this was in the AP story yesterday, child sex ring.  So it seems like it's important to say…

Spokesman:  Of course.  Everyone is, is vetted, and the troop contributors have a responsibility to certify that none of the soldiers that are being deployed from wherever they come from have ever been implicated in any sexual abuse, and we would expect Sri Lanka and all other troop contributors to do the same.
Inner City Press:   But they don't accept the charge…

Spokesman:  Benny.

Inner City Press:  So they don't accept they're implicated.
  We'll have more on this, and on the UN's continued retaliation against whistleblowersand on the Press which reports on them- later on April 12, Inner City Press asked UN Spokesman Stephane Dujarric about the sexual abuse in Haiti and he called the Press' tweets "harassment," here. The UN has become a place of censorship, it must be reversed. USUN transcript: "it’s a nightmare for many in Haiti, who will never be able to forget and live with brutal scars. We must acknowledge the abandoned children, 12 to 15 years old, who lived everyday with hunger. They were lured by peacekeepers with cookies and snacks. The high price of this food was sexual abuse. According to Paisley Dodds of the Associated Press, the children were passed from soldier to soldier.

One boy was gang-raped in 2011 by peacekeepers who disgustingly filmed it on a cell phone.

What do we say to these kids? Did these peacekeepers keep them safe? We must acknowledge these realities. How can we learn from these acts? These peacekeepers are sent into vulnerable communities to protect the innocent, not to exploit or rape them.

The United States has made it clear to the UN and all troop-contributing countries that these abuses must stop. Countries that refuse to hold their soldiers accountable must recognize that this either stops or their troops will go home and their financial compensation will end. The abuses do not represent poorly to a troop-contributing country if they hold these abusers accountable and stress this to the soldiers that are in place.

The United States will continue to work closely with Haiti as it makes progress towards security and stability. With the international community, we stand by the Government of Haiti and are committed to the country’s democratic development, independence, and economic growth.

We will, however, continue to push for accountability of those troops in Haiti, as well as all troop-contributing countries involved in peacekeeping efforts. We owe it to the vulnerable in these countries who desperately need peace and security. I ask that you join me in this effort. Thank you."
  On April 11 at the UN, there were Press questions, but few answers, about the UN's chimerical response to its Haiti victims. On April 12, journalist Karin Mattisson spoke on a panel with Code Blue, about how little was done for the victims in CAR; Inner City Press ran to the Japan Society and asked questions, here. Then Inner City Press ran back to the UN and asked holdover spokesman Dujarric, UN transcript here: Inner City Press: I want to ask you two things.  One, there’s a… there’s a… I’m sure you’ve seen the AP investigative story about sexual abuse through the years in the UN, including of, what they call a child sex ring run by Sri Lankan peacekeepers.  And, given that the Sri Lankans are now being deployed again to Mali, I’m wondering what the vetting is… or, you know, what the… what the… and also, there was a press conference today by Code Blue near the UN, at which they presented the, the fact, based on a Swedish journalist who went to Bangui, that the children who were allegedly victims of the sexual abuse by peacekeepers received virtually no help whatsoever from UNICEF.  So they were highly critical of that. And I wonder, you were just speaking about UNICEF.  What’s the response of the UN system to this, to these two damming reports, one by AP about 2,000 allegations of sexual abuse and, two, more locally here by Code Blue, about a failure to help victims... The Swedish journalist who spoke at the Japan Society said, when she went to do a show, basically it was about Kompass initially, and then she tried to speak to some of the alleged victims of the, of the abuse.  And one in particular that had a child from a peacekeeper said that the UN system told her not to speak to journalists.  And I just wanted to know, from this podium, is that appropriate?

Spokesman:  Obviously, I don’t have the details of, of the case.  I have no reason to doubt the veracity, but it is clearly not United Nations policy to tell anyone, especially a victim, that they should not speak to the press.
  The UN's retaliation, including against Swedish official Anders Kompass, is still in the news in that country, as in New York the UN dodges Press questions about holes in its claimed whistleblower protections. Based on retaliation against three separate whistleblowers, UN High Commissioner for Human Rights Prince Zeid should be suspended, it has been requested of UN Secretary General Antonio Guterres in a lettercopied to US Senators Bob Corker and Ben Cardin, and UN Special Rapporteur David Kaye, here.  See also this detailed report by Brett Schaefer on why the UN budget should be cut, until whistleblowers are protected. 
 On March 15, Inner City Press asked UN holdover spokesman Stephane Dujarric, video here, UN transcript here: 
Inner City Press: I wanted to ask whether you've seen today the Government Accountability Project has made a proposal that there be a Special Adviser on whistleblower and has expressed some concern that the current Secretary-General may be, from their point of view, as unconcerned with protecting whistleblowers as his predecessor citing the case of Kompass, Miranda Brown and now Emma Reilly.  And so, I'm wondering, is there any consideration of appointing such a position?

Spokesman:  I think, I mean, I always appreciate hearing from the Government Accountability Office.  I think anyone who has looked at the whistle-blower policy that was approved within a few weeks of Secretary-General Guterres coming into office will see in it his strong determination to protect whistleblowers to ensure that there is the right kind of policies for the staff and for whistle-blowers.  The policy was, in fact, approved by both management and the representation of the global staff.  So, I think we're very… we're very confident, and I think the Secretary-General is very determined to ensure that the right policy is put in place.
 On February 23, after Dujarric announced Guterres will be with Zeid in Geneva on February 27, Inner City Press asked about the letter. Video here, UN transcript here: 
Inner City Press: since you said that the Secretary-General is going to Geneva, there are now… more than a week ago, there was a letter by the Government Accountability Project.  I know you sometimes say you disagree with them automatically.  But they wrote saying to the Secretary-General about three whistle-blower cases, Emma Reilly, Miranda Brown, and Mr. [Anders] Kompass, and said that he should… that there should be a probe conducted by the Secretariat of retaliation in Office of the High Commissioner.  Is he aware of the letter?  And is it something he…

Spokesman:  I don't know if he's personally aware of the letter.  If we received the letter, I'm sure it will be answered.
  Sure? Here are questions from whistleblower Miranda Brown:
"the SG has recognized the old policy failed to protect whistleblowers, but the new policy is not retroactive for me, so I will not be protected... (this is tantamount to saying we will no longer apply the death penalty, but sadly we will continue with your execution). My case before the UNDT is still pending. However, this is a procedural case only. Under the old policy, which I am being subjected to, I cannot challenge the decision by the UN Ethics Office not to afford me protection.
There is no justice for whistleblowers at the UN, no accountability for retaliation and no punishment for the retaliators - not even an investigation into Zeid, after the UNDT concluded that his suspension of Anders Kompass was unlawful.
Does the SG plans to update the whistleblower protection policy further, given that it does not meet the requirements under US law for the full disbursement of US funds (section 7048 of the Consolidated Appropriations Act). The revised policy does not provide external arbitration nor does it eliminate the effects of retaliation (I lost my job at OHCHR) - both are required under section 7048. 
Also, given that he has recognized that the old policy was a failure, why has he not instituted interim measures for existing whistleblowers?"
 On February 14 in the morning (New York time) Inner City Press posed three questions to Zeid's spokesperson Rupert Colville, including:
"Hi. Inner City Press has a few questions it'd like answers to as soon as possible:

1) whistleblower Emma Reilly tells us that “OHCHR now claims I can't speak because of the staff rule that 'in no circumstances should [staff members] use the media to further their own interests, to air their own grievances, to reveal unauthorized information or to attempt to influence their organizations’ policy decisions.' No response to my email on how this squares with OHCHR airing grievances against me by falsely stating my claims had been found to be unsubstantiated.”

Is that in fact OHCHR's position?

2) In terms of OHCHR calling things unsubstantiated, on social media and in a press release, is OHCHR denying that the Ambassador of Morocco financial supported the sale of Mr Eric Tistounet's book?

3) ....Please state what happened at the HRC organizational meeting yesterday. Please answer these asap."
  Hours later, and after a UN noon briefing in which UN deputy spokesman Farhan Haq called Inner City Press obsessive and an "asshole," still not answer. We'll stay on this.
 Back on February 10, Inner City Press asked Guterres' deputy spokesman Farhan Haq about the request, and about OHCHR essentially gagging whistleblower Emma Reilly. Video here, transcript here and below.
  Haq declined to respond on the gag order Inner City Press quoted (below), and said that the UN Ethics Office is handling it. But Inner City Press understands that the Ethics Office - whose director Elia Armstrong has refused Press requests to answer questions - has recused itself, leaving an official from UNFPA to start from scratch.
  While whistleblower Emma Reilly has been prohibited by Zeid's Office from providing the Press with her substantive defense to OHCHR's attempt to trash her, she has authorized Inner City Press to use this quote:
"OHCHR now claims I can't speak because of the staff rule that 'in no circumstances should [staff members] use the media to further their own interests, to air their own grievances, to reveal unauthorized information or to attempt to influence their organizations’ policy decisions.'

"No response to my email on how this squares with OHCHR airing grievances against me by falsely stating my claims had been found to be unsubstantiated, revealing unauthorized information by referring to a confidential investigation (for harassment, against Mokhiber and Darrow - panel found the facts I claimed were true, Zeid magically declared the motive not to be harassment), or attempting to influence the Ethics Office decision by stating I had never been subjected to reprisals. Still no news on what the alleged second investigation was...

Feel free to use the above - it's legitimate for me to quote the reason I can't talk to you, and it's clear from a glance at the press release that they broke the very rule they are using to keep me quiet."
  Here's from the UN's February 10 transcript:
Inner City Press: there's a letter directed to António Guterres by the Government Accountability Project specifically concerning this whistle-blower issue and saying [Anders] Kompass, Miranda Brown, and Emma Reilly in asking that he be suspended and investigated.  So I wanted to know, did he receive this letter before he set off on his trip?  And can you respond, Ms. Reilly has told Inner City Press that she's been ordered not to speak, which is contrary to what Stéphane had said, they've quoted to her some rule... She said she's been told the following:  that staff members should not use the media to further their own interests, to air their grievance, or to reveal unauthorized information.  She feels it's unfair because they put out a press release saying that her charges are unsubstantiated.  So, in sum, has he received the letter?  And what's the process to consider the request by this group?

Deputy Spokesman:  Well, regarding that, I don't have a confirmation about a receipt of a letter.  What I can say is we're aware of these issues.  A lot of these are processes that are being handled by different bodies.  The question regarding Ms. Reilly is being… is something that has been looked at and is being looked at by the Ethics Office.  Regarding what she may have said to you or not, I think that that's something you'll need to take up with the Office of the High Commissioner for Human Rights.  They are dealing with that issue.  I believe that they were simply responding not to her but to reporting that came out in media.  So they… so that is something… they were not trying to take up anything involving a dispute with her so much as responding to reports that had come out in different published accounts.

Inner City Press: My understanding is that the Ethics Office is actually not handling this.  They've recused themselves because they say that she… one of her charges is against them, so it's been assigned to somebody from UNFPA (United Nations Population Fund), and basically, the process has started all over.  Is that… can you confirm that at least that it's back to square one?

Deputy Spokesman:  I'm aware that… well, not back to square one.  I believe that the process is continuing.  I don't have any further details to engage on that.  Have a good weekend.
  A leaked UN Ethics Office memo that raises questions not only about that Office but also the UN Office of the High Commissioner for Human Rights was published by Inner City Press on February 1, here. 
  On February 2, OHCHR responded with press release and tweet against the now petitioning Government Accountability Project and Inner City Press, claiming that Inner City Press' report - based on the UN memo - was unfounded, and trashing the whistleblower, Emma Reilly.
  On February 7, Inner City Press asked the spokesman for UN Secretary General Antonio Guterres what Guterres meant when he said he had formed a committee about - but without - whistleblowers. From the UN transcript:
Inner City Press: I've seen the Secretary-General quoted that he's formed, quote, committees to deal with thorny issues, such as the protection of whistle-blowers and sexual exploitation and abuse.  Can you say who's on those committees, particularly in the case of whistle-blowers?  Are there whistle-blowers on the…

Spokesman:  On the whistle-blower, I think he was referring to the fact that, I think, just two weeks after or three weeks after he took office, there was an agreement between the staff and the management, and a new whistle-blower policy was issued.  And he was also referring to the task force being led by Jane Holl Lute on sexual exploitation and abuse.

Inner City Press: The other one is, I saw in his schedule yesterday, he met with the ACT group, Accountability Coherence and Transparency, and particularly given the third noun in their name, can you give a readout?

Spokesman:  No, I don't have anything to share on the transparency… meeting with the transparency group.
  OHCHR's press release also trashed the whistleblower, while keeping in place rules prohibiting her from speaking to the press. OHCHR claims, while censoring rebuttal:
"the staff member has never faced reprisals. The staff member has had her contracts renewed and remains employed by the organization on full pay. She has made allegations against various managers. These have been taken seriously, leading to two separate independent investigations that have been carried out to determine whether or not there is any substance to her allegations. In both instances, the claims made by the staff member were found to be unsubstantiated."
Inner City Press replied, asking OHCHR or @UNHumanRights to explain how the finding for example about Morocco improperly paying for OHCHR official Eric Tistounet's book-selling event was "not substantiated." There has been no response. If a response to that, or to today's GAP request, is received Inner City Press will publish it.
  On February 3, Inner City Press asked UN spokesman Stephane Dujarric about Morocco's payments - he refused to answer - and if the reclusive head of the UN Ethics Office Elia Armstrong will come and answer questions, as for example her predecessor Robert Benson did. There has been no answer.
   Now we can report from a range of sources that not only did Eric Tistounet take Morocco's financial support to promote his book - he tried to recruit Moroccan faux NGOs - GONGOs -- to try to make the complaint go away, seeing if they would complain about the whistleblower. This is how the OHCHR, and wider UN, have been operating. We'll have more on this.
  Inner City Press supports the replies of the Government Accountability Project, here, and of the annotator, which we are putting online here, along with this new Kafka-esque game chart. 
  Eric Tistounet of the Office of the High Commissioner for Human Rights, without Ethics approval, published a book and had a member state promote it. Document at Page 11. One pitch mentions the state of Morocco.
  Prince Zeid's OHCHR responded with a press release denying everything, concluding "the claims made by the staff member were found to be unsubstantiated."  Inner City Press has asked OHCHR this.
 But the Ethics Office memo - on which UN holdover spokesman Stephane Dujarric refused to answer Inner City Press, video here - admits Reilly's exposing of Morocco paying to promote OHCHR's Tistounet's book created a right to protection. And the event's website makes clear Morocco was paying, against the rules. That's not "unsubstantiated" - that's a cover up of corruption. On this and the rest, we'll have more.
  For now we only note that Zeid's OHCHR's self-serving total denial, seemingly a product of fear of loss of US funding, has been welcomed by Pierre Nkurunziza supporters in Burundi.
And this, from the annotator:
"They are clearly panicked, and the OHCHR Press Release is not saving the Ethics Office.   This would, of course, be the same OHCHR that still insists they did nothing wrong in the Kompass / CAR sexual abuse case…...

The question is not whether there was a casual connection between Eric Tistounet’s decision and Cao Shunli’s death.  Eric Tistounet’s decision gave Emma Reilly cause to be concerned for the safety of the human rights activists in China, and in the specific case of Cao Shunli, that concern turned out to be justified.

The question is whether Emma Reilly had reasonable grounds to believe that Eric Tistounet’s decision might be misconduct ….. and the Ethics Office bent over backwards to say ‘no’!

This would, of course, be the same Ethics Office as was involved in “facilitating” Zeid's misconduct complaint against Kompass - and didn’t know that child sex abuse generally gets a bad rap in the Press."
  Yes, that's them.
  The UN spokespeople who defended Ban Ki-moon's corruption to Inner City Press until the day he left, and stonewall now, often say the Ethics Office as approved this or that. For example, Ban's mentor and UN official Han Seung-soo being on the boards of directors of Doosan Infracore and Standard Chartered Bank, which has UN contracts.
  Or Jane Holl Lute, being on the board of a railroad, and also a "senior US administration official" while being a UN official. The list goes on.

   But it gets worse, much worse. As stated by the memo's annotator to Inner City Press:
"this is a whistleblower protection case. The staff member reported that OHCHR gave names of Chinese human rights activists to the Chinese government. This was when China was trying to get on the Human Rights Council. They prevented a number of activists from traveling to Geneva to attend the meetings, and we know that one of them subsequently died in police custody.
OHCHR tried very hard to keep this quiet, but one Human Rights Officer, Emma Reilly, complained about it. They then retaliated against her.
Of all the insanity in this, possibly the best bit of all is the Ethics Office arguing that even after OHCHR deviated from their usual policy and shared information with the Chinese government about which Chinese human rights activists were being accredited to attend the Human Rights meeting, and even though a human rights activist DIED after being detained to stop her traveling to a UN human rights meeting..........a UN Human Rights Officer still does not have reasonable grounds to believe that misconduct has taken place....... so nothing she said or did is 'protected.' The new whistleblower policy is a POS because nothing in it will give the s/m any comfort when the Ethics Office bends over backwards not to recognize retaliation. There is still nothing the staff member can do about this.
Can you make these documents available on your site?"
 But of course. See more of his summary here, and response to Ethics Office, here.
 And see this, from the Government Accountability Project which also requested a reversal of UN USG Cristina Gallach's retaliatory eviction of Inner City Press, without response from the old UNSG and old USUN / Isobel Coleman - still UNacted on by the new SG. We'll have more on this.

North Korea Fires Missile After UNSC Meeting, UNSG Dodges on Breaking Diplomatic Relations


By Matthew Russell Lee, New Platform
UNITED NATIONS, April 28 – When US Secretary of State Rex Tillerson spoke on North Korea in the UN Security Council on the morning of April 28, he called on countries to break diplomatic relations with the country. By day's end, or Saturday in Pyongyang, North Korea fired another missile, triggering this one-liner from Washington: "The Administration is aware of the most recent North Korean missile test.  The President has been briefed." At noon, Inner City Press asked UN Spokesman Stephane Dujarric, UN transcript here: Inner City Press: I'm sure you heard Rex Tillerson say the country should suspend diplomatic relations with North Korea.  And I wanted to know… given an answer you'd… earlier in the week, you'd said how diplomatic relations are in all instances a good thing.  That was in response to a question about Morocco and Cuba.  So, what is Antonio Guterres' response to Rex Tillerson's call to suspend diplomatic relations?

Spokesman:  I think Antonio Guterres' position on the DPRK, I think, has been elaborated very clearly in his own remarks to the Council a few minutes ago, where he underscored the fact that the onus was on the DPRK to abide by its institutions — by its obligations… international obligations, but also stressing the need for a diplomatic solution.
Inner City Press:   Right.  But, does that involve…?

Spokesman:  That's my answer to your question.
Inner City Press:  No.  But, it's a specific…  Does he favour suspending diplomatic relations?

Spokesman:  No.  No.  I understand your question. You'll have to understand my answer.  The Secretary-General favors diplomatic solutions.

Inner City Press:  So, he doesn't favour it?

Spokesman:  Carmen?

   Carmen indeed. As speeches continued, the UN sent out Sweden's speech, which included a line: "diplomatic relations constitutes the basis for our efforts and must be upheld in accordance with the Vienna Convention." See Patreon here . Then the UN sent out a "revised" Swedish speech with the line about upholding diplomat relations removed. Also Patreon here. Call it the Tillerson effect. Some background: when Sweden got involved in an "Elected Ten" draft on Syria, the US sources tell Inner City Press questioned the move. Did that play any role in Sweden's "revised" speech? We'll have more on this.

  China's Wang Yi, who spoke at the Council stakeout before the meeting differed (Inner City Press Periscope here). He proposed suspension for suspension. 

On W Sahara, French PR Told ICP Rights "In Our DNA," Verification Fight, Vote 6 PM Friday


By Matthew Russell Lee
UNITED NATIONS, April 28 – In front of the UN Security Council's Western Sahara closed door consultations on April 25, Inner City Press asked French Ambassador Francois Delattre why there is no human rights monitoring in the mandate of the MINURSO mission, as urged by for example Amnesty International. Delattre said human rights "is in our DNA," but said there are many ways to work for human rights. Video here.  Now the vote on the resolution, one draft of which is below, has been pushed back from 5 to 5:30 to 6 pm on April 28. Verification of Guerguerat, inclusion or deletion or modification of language in the resolution, below. Up on the UN's 38th floor after a photo op of UK Boris Johnson and Secretary General Antonio Guterres, Inner City Press spotted Uruguay's ambassador. He has been pushing for human rights monitoring, DNA or no DNA. But down at the stakeout of the Security Council, the questions to him concerned mostly a reported missile firing by North Korea. Watch this site. Inner City Press asked about Horst Kohler as Antonio Guterres' nominee as Personal Envoy on Western Sahara. Delattre smiled and answered in German. Then and the next day, as Inner City Press got versions of the draft, Morocco diplomats and state journalists walked freely up and down the UN's 2d floor, while Inner City Press was confined to Department of Public Information minders. After the meeting, Russia's Deputy Permanent Representative Petr Ilyichev said the real work on the MINURSO resolution, which he still expects to be put to a vote on April 27, was at the level of experts, not in the April 25 meeting. Periscope video here. And here now, the draft resolution:
The Security Council, Recalling and reaffirming all its previous resolutions on Western Sahara,
Reaffirming its strong support for the efforts of the Secretary-General and his Personal Envoy to implement resolutions 1754 (2007), 1783 (2007), 1813 (2008), 1871 (2009), 1920 (2010), 1979 (2011), 2044 (2012), 2099 (2013), 2152 (2014), 2218 (2015), and 2285 (2016),
?Reaffirming its commitment to assist the parties to achieve a just, lasting, and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect, 
Reiterating its call upon the parties and the neighboring states to cooperate more fully with the United Nations and with each other and to strengthen their involvement to end the current impasse and to achieve progress towards a political solution, 
Recognizing that achieving a political solution to this long-standing dispute and enhanced cooperation between the Member States of the Maghreb Arab Union would contribute to stability and security in the Sahel region, 
Welcoming the efforts of the Secretary-General to keep all peacekeeping operations, including the United Nations Mission for the Referendum in Western Sahara (MINURSO), under close review and reiterating the need for the Council to pursue a rigorous, strategic approach to peacekeeping deployments, and effective management of resources,
Emphasizing the need to regularly evaluate MINURSO’s performance such that the mission retains the skills and flexibility needed to effectively carry out its mandate, 
Further emphasizing that hiring, retention and assignment processes of the United Nations for MINURSO should allow for mission structures to quickly and easily adapt to changing operational environments, and noting the Secretary-General’s intention to reform  these processes to make the Organization more nimble, 
Recognizing the important role played by MINURSO on the ground and the need for it to fully implement its mandate, including its role in supporting the Personal Envoy to achieve a mutually acceptable political solution,  
Expressing concern about the violations of existing agreements, and calling on the parties to respect their relevant obligations, 
Welcoming Morocco’s positive response on 26 February 2017 to the Secretary General’s call for both parties to withdraw from the buffer strip in Guerguerat,
Expressing deep concern that elements of the Polisario Front remain in the buffer strip in Guerguerat, including its obstruction of regular commercial traffic,    
Taking note of the Moroccan proposal presented on 11 April 2007 to the Secretary-General and welcoming serious and credible Moroccan efforts to move the process forward towards resolution; also taking note of the Polisario Front proposal presented 10 April 2007 to the Secretary-General,
Encouraging in this context, the parties to demonstrate further political will towards a solution including by expanding upon their discussion of each other’s proposals and further encouraging the neighboring countries to make contributions to the political process, 
Taking note of the four rounds of negotiations held under the auspices of the Secretary-General and recognizing the importance of the parties committing to continue the negotiations process, 
Encouraging the parties to resume cooperation with the United Nations Office of the High Commissioner for Refugees in implementing the January 2012 updated Plan of Action on Confidence-Building Measures, including programmes focused on linking people who have been divided for more than 40 years due to the conflict and further encouraging the parties to consider additional appropriate confidence-building measures,
Stressing the importance of improving the human rights situation in Western Sahara and the Tindouf camps, and encouraging the parties to work with the international community to develop and implement independent and credible measures to ensure full respect for human rights, bearing in mind their relevant obligations under international law, 
Encouraging the parties to continue in their respective efforts to enhance the promotion and protection of human rights in Western Sahara and the Tindouf refugee camps, including the freedoms of expression and association,
?Welcoming in this regard, the recent steps and initiatives taken by Morocco, and the role played by the National Council on Human Rights Commissions operating in Dakhla and Laayoune, and Morocco’s interaction with Special Procedures of the United Nations Human Rights Council, 
Commending the technical visit of the Office of the United Nations High Commissioner for Human Rights (OHCHR) to Western Sahara in April 2015, and to the Tindouf refugee camps in July-August 2015, and strongly encouraging enhancing cooperation with OHCHR, including through facilitating further visits to the region, 
Noting with deep concern the continued hardships faced by Sahrawi refugees and their dependency on external humanitarian assistance,and further noting insufficient funding for those living in Tindouf refugee camps and the risk of potential reductions in food assistance,
?Reiterating its request for consideration of a refugee registration in the Tindouf refugee camps and emphasizing efforts be made in this regard, 
Stressing the importance of a commitment by the parties to continue the process of negotiations through the United Nations-sponsored talks and encouraging the meaningful participation of women in these,
?Recognizing that the consolidation of the status quo is not acceptable, and noting further that progress in the negotiations is essential in order to improve the quality of life of the people of Western Sahara in all its aspects,
? Expressing gratitude for the efforts of the Secretary-General’s Personal Envoy for Western Sahara, Ambassador Christopher Ross, throughout his tenure, and affirming its continued full support for the Secretary-General’s Personal Envoy for Western Sahara in facilitating negotiations between the parties, and calling on the parties and neighbouring states to cooperate fully with the Personal Envoy,
?Affirming full support for the Special Representative of the Secretary-General for Western Sahara and Head of MINURSO Kim Bolduc, 
Having considered the report of the Secretary-General of 10 April 2017 (S/2017/307), 
1.?Decides to extend the mandate of MINURSO until 30 April 2018;
 2.?Reaffirms the need for full respect of the military agreements reached with MINURSO with regard to the ceasefire and calls on the parties to adhere fully to those agreements;
3. ?Expresses deep concern with the continued presence of elements of the Polisario Front in the buffer strip in Guerguerat and strongly urges the Polisario Front to fully and unconditionally withdraw from the buffer strip in Guerguerat immediately;
 4.?Requests the Secretary-General to brief the Council within 30 days on whether elements of the Polisario have withdrawn from the buffer strip in Guerguerat and expresses its intention, if there is no full and unconditional withdrawal, to consider how best to facilitate achievement of this goal;
 5.?Recognizes that the crisis in Guerguerat raises fundamental questions related to the ceasefire and related agreements and encourages the Secretary-General to explore ways that such questions can be resolved; 
 6.?Calls upon all parties to cooperate fully with the operations of MINURSO, including its free interaction with all interlocutors, and to take the necessary steps to ensure the security of as well as unhindered movement and immediate access for the United Nations and associated personnel in carrying out their mandate, in conformity with existing agreements;
7.?Emphasizes the importance of the parties’ commitment to continue the process of preparation for a fifth round of negotiations, and recalls its endorsement of the recommendation in the report of 14 April 2008 (S/2008/251) that realism and a spirit of compromise by the parties are essential to achieve progress in negotiations, and encourages the neighbouring countries to make important contributions to this process;
8.?Calls upon the parties to show political will and work in an atmosphere propitious for dialogue in order to resume negotiations, thus ensuring implementation of resolutions 1754 (2007), 1783 (2007), 1813 (2008), 1871 (2009), 1920 (2010), 1979 (2011), 2044 (2012), 2099 (2013), 2152 (2014), and 2218 (2015) and the success of negotiations;
9.?Affirms its full support for the commitment of the Secretary-General and his Personal Envoy towards a solution to the question of Western Sahara in this context to relaunch the negotiating process with a new dynamic and a new spirit leading to the resumption of a political process with the aim of reaching a mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations;
10.?Calls upon the parties to resumenegotiations under the auspices of the Secretary-General without preconditions and in good faith, taking into account the efforts made since 2006 and subsequent developments, with a view to achieving a just, lasting, and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect;
11.?Invites Member States to lend appropriate assistance to these talks;
12.?Requests the Secretary-General to brief the Security Council on a regular basis, and at least twice a year, on the status and progress of these negotiations under his auspices, on the implementation of this resolution, challenges to MINURSO’s operations and steps taken to address them, expresses its intention to meet to receive and discuss his briefings and in this regard, and further requests the Secretary-General to provide a report on the situation in Western Sahara well before the end of the mandate period;
13. Further requests the Secretary-General to update the Security Council within six months of the appointment of the new Personal Envoy on (i) ways in which the Personal Envoy, working with the parties, is progressing towards a mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and present a clear path forward;  (ii) how MINURSO’s performance measures are being developed and implemented(iii) how structures and staffing can be reorganized to achieve mission goals efficiently, and (iv) how new technologies are being considered to reduce risk, improve force protection, and better implement the mandate of MINURSO;
14. Encourages the parties to resume cooperation with the Office of the United Nations High Commissioner for Refugees to review and, where possible, expand confidence-building measures; 
15.Urges Member States to provide new and additional voluntary contributions to fund food programmes to ensure that the humanitarian needs of refugees are adequately addressed and avoid reductions in food rations;
16.?Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel; 
17.Supports an increase in the ratio of medical personnel within the current uniformed authorization as requested in the most recent report of the Secretary-General to address the severely overstretched medical capacity of MINURSO. 
18.Decides to remain seized of the matter.
Outside the Council, a half dozen Moroccan diplomats milled around, the same crowd from within which a frivolous complaint to the Department of Public Information was made, to stop taking photos or video from the UNSC stakeout (which is in fact permitted). The same DPI allows Morocco state media to chase Christopher Ross into the elevator - but censured Inner City Press for the same thing. This is today's UN. Numerous diplomats have asked Inner City Press why Secretary General Antonio Guterres is "so pro Moroccan," as one of them put it. The perception is become widespread. The answers proffered include Guterres' time as Prime Minister of Portugal, with references to prior Moroccan King Hassan II and Abdellatif Youssoufi. On April 20, Inner City Press asked Guterres' holdover spokesman Stephane Dujarric about Amnesty International urging the inclusion of human rights monitoring in the mandate of the MINURSO mission, and why Guterres ignored it as he apparently ignores several other human rights issues. From the UN transcript: Inner City Press: Amnesty International, you may have heard of, has issued a de… a call saying that the UN Mission for the Referendum in Western Sahara, MINURSO, should have a human rights monitoring function.  And I… I've seen a copy.  I'm not sure if you can say what the status of the Secretary-General's report is.  Is it now officially…?

Spokesman:  Yeah, the report…  I would refer you…
Inner City Press: I want to make sure…

Spokesman:  I would refer you to the report.
Inner City Press:  Since it… is it fair to say that he's not recommending a human rights monitoring function? If so, how… how… why not?

Spokesman:  I think it's fair to say that the report speaks for itself.

Inner City Press:  Right.  So he's not recommending it?

Spokesman:  You do the analysis...
 OK. And then there's this: Moroccan trolls, using Dujarric's (and the now-gone Gallach's) eviction of Inner City Press for covering corruption like this, that Inner City Press "was sacked out from the #UN because he was caught filming a closed meeting." No, Inner City Press said openly it would film, and did, a meeting in the UN Press Briefing Room by a group that took dues money from now indicted Ng Lap Seng's bribery conduit. The Moroccan state "media" at the UN don't even ask questions. Troll on.  On April 19 as Guterres held a rare Q&A session, about Africa, his holdover spokesman Stephane Dujarric had pre-selected questions, many of them not about Africa at all. The UN Department of Public Information under Guterres has threatenedInner City Press after a frivolous complaint from the Moroccan mission about photos taken according to the rules at the UN Security Council stakeout, while DPI has given multiple "Resident Correspondent" badges to Moroccan state media, some moonlighting for the UN itself, while restricting the UNderdog Press. Meanwhile, Inner City Press has learned, the UN's decoloniziation (C-24) committee is preparing to visit the Tindouf refugee camp. We'll have more on this. While Guterres breezed by the issue of Western Sahara on Friday, April 7 as Morocco tried to get the Press which covers it further restricted, Inner City Press was leaked the email below, from the UN's Kim Bolduc, amid reports of Germany's Horst Kohler as new Personal Envoy. While Guterres' holdover spokesman Stephane Dujarric refused to comment on either, here (contrary to his Q&A last week about "Sex in the City, here), now Inner City Press has put on Scribd the full text of Guterres' first MINURSO report such as it is, here. But when Inner City Press asked the UN's holdover spokesman Stephane Dujarric about both on April 10, he wouldn't answer either question. Video here. From the UN transcript: 
Inner City Press: on Western Sahara, you'd said to wait for the report, but I guess I just want to say, this Kim Bolduc e-mail, which Inner City Press published, was directed to, like, many, many people in UNHCR.  So, 5I'm wondering what then, it talks about a code cable for Jean-Pierre Lacroix to go forward and… and… and, you know, re… bring all 17 people back.  So, I'm sort of wondering, like, is it that you know it, but she shouldn't have written that first?  Is it…?

Spokesman:  She's the master of her e-mails.  She's obviously communicating what she needs to communicate with her… with her staff, and the Secretary-General's position will be made very public and updated once the report comes out in the next day or so.
[Also: Question:  Follow-up.  There were some reports also last week that the Polisario have threatened to shoot the MINURSO peacekeepers if they try to conduct ceasefire patrols in the areas under their control.  What's the Secretary-General think about that and the integrity of the peacekeeping mission itself?

Spokesman:  Well, it's incumbent on all the parties involved to respect the, respect UN personnel in the area, whether uniformed or, or not, in the way they go about their work on a mandate of the Security Council.

Correspondent:  I'm sorry.  Just a quick follow-up.  The Polisario also reported that you have prevented the MINURSO from patrolling the El-Guerguerat area after the Moroccan forces have withdrawn from it…

Spokesman:  I think it is important that all the parties ensure that MINURSO has full freedom of movement.  Masood-ji.

Correspondent:  Thank you, Stéphane-ji. ]
Inner City Press:  Will he, by that time, confirm or deny that he's nominating Mr. Horst Kobler as… or Köhler…?

Spokesman:  As you know, whenever we have a nomination for a high-level person, there's a lot of the rumours prior.  The Security Council will have to be consulted, and once all that is done, we will announce it officially and, no doubt, you will have the information before it is announced officially.

Inner City Press:  Just finally, on both this and on South Sudan, is it possible to get Mr. Jean-Pierre Lacroix to do a stakeout or some type of Q&A…?

Spokesman:  I'm sure Mr Lacroix will be delighted to come meet you as soon as it is possible for him.  Good day.

Inner City Press:  Can I ask a Burundi question?

Spokesman:  No.  We're done.  Thank you.
   This is today's UN.

After FFW Protests Sterling's Application To Buy Damaged Astoria, Fed Confirms Receipt


By Matthew R. Lee, New Platform
NEW YORK, April 28 – After Astoria Bank's protested proposal to be acquired by New York Community Bank fell apart in late 2016, it found a new, equally controversial suitor: Sterling Bancorp. Now Fair Finance Watch has submitted a first Community Reinvestment Act challenge to the proposed merger, receipt of which the Federal Reserve has now confirmed, here. Inner City Press' summary of FFW's filing: "Dear Chair Yellen, Secretary Misback and others in the FRS: This is a timely first comment opposing and requesting an extension of the FRB's public comment period on the Application by Sterling Bancorp, Montebello, New York (“Sterling”) to merge with Astoria Financial Corporation, Lake Success, New York, and indirectly acquire Astoria Bank (“Astoria”).
This would be a combination of banks with disparate and in places highly irregular Home Mortgage Disclosure Act (“HMDA”) data. The proposal is the desperate result of the failure of Astoria's attempted merger with NYCB. That is no reason to approve this mis-conceived combination. The applicant's Sterling National Bank (“Sterling”) in the New York City MSA in 2015 for African Americans for home purchase loans denied the applications of African Americans 3.58 times more frequently than those of whites - much worse than other lenders. Sterling made only 22 such home purchase loans to African Americans, versus 495 to whites (and only 37 to Latinos) - again, much more disparate than other lenders. This bank should not buy Astoria. Remember: in the Nassau Suffolk MSA in 2013, Sterling made 149 home purchase loans to whites – and only one to an African American. For home improvement loans, Sterling made 30 to whites, none to African Americans. Taken together, this is unacceptable. The comment period should be extended to clarify – or refile – the HMDA data; evidentiary hearings should be held; and on the current record, the application should not be approved.
For the record, the CRA plan required after Fair Finance Watch's previous protest, we contend has not been complied with, and request evidentiary and public hearings on that basis.
Also for the record:  'The NYCB-Astoria Financial Merger is Kaput: Consumer advocates were among the groups that opposed NYCB’s acquisition of Astoria…'"
   In January, disparate lender Investor Bancorp, on which Fair Finance Watch previously got a condition imposed saw its proposal with Bank of Princeton fall apart.
  There's also Capital One - Cabela, on which Inner City Press commented: "In the New York City MSA in 2015, the most recent year for which HMDA data is available, for conventional home purchase loans Capital One denied the applications of whites 23% of the time, while denying African Africans fully 45% of the time, and Latinos even more, 46% of the time. This is unacceptable.

  Meanwhile, Capital One is “closing branches in Laurel, Gaithersburg, Frederick and Merrifield.”

   Capital One came back with snark, as has Simmons National -- but then announced including to NCRC that  it will withdrawn its application. Onward.