Showing posts with label civilians. Show all posts
Showing posts with label civilians. Show all posts

Thursday, August 29, 2013

On DR Congo, UN Security Council Legal Acrobatics About Shooting at Intervention Brigade, Are They Civilians?


By Matthew Russell Lee
UNITED NATIONS, August 29 -- When a Tanzanian soldier in the UN's new Force Intervention Brigade in the Congo died in battle this week, the statements of UN Secretary General Ban Ki-moon and his envoy Martin Kobler did not call it a war crime. (Click here for Inner City Press story and "Rest in Peace.)
On August 29 the UN Security Council agreed to a press statement on DRC with this convoluted paragraph:
"They recalled that intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission in accordance with the Charter of the UN, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict, constitutes a crime under international law."
So if a member of the FIB is attacking to "neutralize" armed groups, can he or she be " entitled to the protection given to civilians or civilian objects under the international law of armed conflict"? The answer appears to be no.
For weeks Inner City Press has asked the UN to clarify its understanding of the applicability of the international law of armed conflict to its FIB, without success. In a UN basement conference room an expert, on camera, told Inner City Press it is not a war crime to shot at a combatant. Click here.And that is what the FIB has become. But how far does the slippage go?
Inner City Press on the August 29 noon briefing asked about Rwanda getting bombed, and how did it. Spokesperson Haq said couldn't confirm most recently bombings; then his office sent this:
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Thu, Aug 29, 2013 at 12:52 PM
Subject: re: question on DRC
To: Matthew.Lee [at] innercitypress.com
Regarding your question on DRC, here is our answer:
The Mission reports that it can confirm firing incidents into Rwanda territory originated by M23 positions between 22 and 29 August. The Mission further reports that it has not witnessed any FARDC firing into Rwanda territory during this period.
We'll see.
While the UN deploys attack helicopters in Eastern Congo, and bombs from inside the DRC have reportedly killed a woman in Rwanda, France has called an emergency UN Security Council session on the DRC on Thursday.
The idea is to strong-arm Rwanda on a draft press statement France proposed. Actually, Rwanda is proposing adding the fact that the "repeated mortar shells and bombs landing in Rwandan territory" come "from the DRC." How controversial. Without that change, Inner City Press has obtained the draft and puts it online here.
The modus operandi is to hand information to Reuters. 
  At last Friday's noon briefing, video here from Minute 10:15, Inner City Press asked the UN's outgoing deputy spokesperson Eduardo Del Buey about the answer, when Inner City Press and another journalist asked UN Peacekeeping acting chief Edmond Mulet Thursday if the M23 rebels had entered the security zone established around Goma.
  "No," Mulet said. "Just mortars." He went on to refer to the separate "red line" established when M23 agreed in Kampala to pull out of Goma. (The portion of that agreement that gave M23 one third of the security force at the Goma airport remains unimplemented.)
  But later on Thursday, the wire service Reuters reported "a senior U.N. official, who asked not to be named, said that on Thursday the rebels entered a security zone surrounding Goma" -- which Mulet, the acting chief of DPKO, had just denied. Inner City Press and the other journalist waited to ask Mulet again, and got the same answer.
  So who is this "senior UN official who asked not to be named"? In UN Peacekeeping, only Herve Ladsous, long absent from UN Headquarters, is senior to and could over-rule Mulet.
   But with only a few arrests for the 135 rapes, Ladsous' DPKO continues supporting the 391st Battalion, even as it is now implicated in corpse desecration.
That the UN would try to use Reuters, willingly, resonates with a documented instance in June 2012 when Reuters UN bureau chief Louis Charbonneau gave to UN official Stephane Dujarric an internal UNCA anti-Press document,three minutes after saying he would not do soStory here,audio heredocument here, in which Charbonneau tells Dujarric, "You didn't get this from me."
  So is Reuters' "senior UN official who asked not to be named" someone junior to Mulet, or as another journalist suggested, no one at all? 
  On Friday, Del Buey said he knew what Mulet had said, and has "seen other reports." He said he'd have to check. But last Friday was his last day at the UN (the Free UN Coalition for Access wished him well, video here at Minute 9:55).  So we'll see. Watch this site.

 
  

Thursday, November 15, 2012

Exclusive: From Sri Lanka Report, UN Outright Removed Over 5,000 Dead & Summary, Added Praise of Itself



By Matthew Russell Lee, Exclusive

UNITED NATIONS, November 15 -- The scandal of the UN's amateur blacking-out of portions of its report on its actions and inactions in Sri Lanka in 2009 which pointed the finger at envoy Vijay Nambiar, ex-humanitarian chief John Holmes and Secretary General Ban Ki-moon himself is worse that Inner City Press reported yesterday.

  Now Inner City Press has learned of significant portions of Charles Petrie's penultimate draft of the report which were omitted (and added) even to the "final" redacted version. Inner City Press has also obtained the removed Executive Summary, and publishes it in full below, as a public service and hope for accountability.

  From the final redacted report-- which after complaints the UN has re-posted online here -- in Paragraph 22 a final line "The RC told a 13 February meeting of the IAWG-SL that as many as 3,000 people may have been killed since 20 January" was removed.

  From Paragraph 82 a final line "At the time the COG was reporting 5687 killed and 10,067 injured of which 1964 and 3571 were confirmed" was removed from the "final" version, even as redacted.

As self-servingly, to Paragraph 39 the line "a step that was widely praised" was added in to the final version -- trying to play up, ironically, Ban Ki-moon's UN's transparency.

  Not only did the UN pull out, and then conceal casualty figures -- the coverup and breakdown was systemic afterward, in terms of messaging in the UN and Ban Ki-moon and his Peacekeeping chief accepting one of the responsible Generals, Shavendra Silva, as a UN Senior Advisor on Peacekeeping. 

   Meanwhile, the Executive Summary which was removed said that "events in Sri Lanka mark a grave failure of the UN to adequately respond to early warning and the evolving events during the final stages of the conflict and its aftermath, to the detriment of hundreds of thousands of civilians."

That's putting it mildly. And who will be held accountable? 

Here as a public service from Inner City Press is the complete Executive Summary which the UN removed:

Executive Summary: Assessment of the UN’s Actions in Sri Lanka

Between August 2008 and May 2009, as the war between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) entered its final stages, an estimated 360,000 or more civilians were crowded into an ever smaller part of ‘the Wanni’ area of Northern Sri Lanka where many died as a result of sustained artillery shelling, illness and starvation. Almost 280,000 survivors were forcibly interned in military-run camps outside the area of conflict. The UN responded mainly through its humanitarian assistance and development frameworks; its political and human rights roles were limited. Despite the gravity of events, UN Member States did not formally consider the situation until the war ended. During the final stages, and the aftermath from May 2009 onward, the UN provided assistance to IDPs in internment camps, even as IDP rights and UN principles of intervention were not respected. Most IDPs were eventually allowed to return home. (Annex III provides a detailed account of events and UN actions)

In April 2011, the Secretary-General’s Panel of Experts (POE) on accountability in Sri Lanka issued a report recommending a review of the UN’s own actions. In a letter to the Secretary-General, the POE described UN action as a low point for the organization as a whole, and said that some UN agencies and individuals had failed in their mandates and did not uphold the UN’s founding principles. Pursuant to the POE’s recommendation, the Secretary-General established an “Internal Review Panel on UN action in Sri Lanka” (the Panel), led by Charles Petrie, tasked with providing an assessment of UN action during the final stages of the conflict and its aftermath, identifying institutional and structural strengths and weaknesses, and making recommendations to ensure a more effective UN response in similar situations. The Panel began work in late April 2012 and submitted the present report at the end of September.

For the UN, the last phase of the conflict in Sri Lanka presented a major challenge. The UN struggled to exert influence on the Government which, with the effective acquiescence of a post-9/11 world order, was determined to defeat militarily an organization designated as terrorist. Some have argued that many deaths could have been averted had the Security Council and the Secretariat, backed by the UN country team (UNCT), spoken out loudly early on, notably by publicizing the casualty numbers. Others say that the question is less whether the UN should assume responsibility for the tragedy, but more whether it did everything it could to assist the victims.

The Panel’s conclusion is that events in Sri Lanka mark a grave failure of the UN to adequately respond to early warning and the evolving events during the final stages of the conflict and its aftermath, to the detriment of hundreds of thousands of civilians and in contradiction with the principles and responsibilities adopted by Member States and the Secretariat, agencies and programs.
Decision-making across the UN was dominated by a culture of trade-offs – from the ground to UN headquarters (UNHQ). Options for action were seen less as responsibilities and more in terms of dilemmas. Choosing not to speak up about Government and LTTE broken commitments and violations of international law was seen as the only way to increase UN humanitarian access. 

Choosing to focus Security Council briefings on the humanitarian situation rather than the causes of the crisis and the obligations of the parties to the conflict was seen as essential to facilitate Secretariat engagement with Member States. There was a sustained and institutionalized reluctance among UNCT actors to stand up for the rights of the people they were mandated to assist. In Colombo, many senior UN staff simply did not perceive the prevention of killing of civilians as their responsibility; and agency and department heads at UNHQ were not instructing their staff in Sri Lanka otherwise. The UN’s failure to adequately counter the Government’s under-estimation of population numbers in the Wanni, the failure to adequately confront the Government on its 
obstructions to humanitarian assistance, the unwillingness of the UN in UNHQ and Colombo to address Government responsibility for attacks that were killing civilians, and the tone and content of UN communications with the Government and Member States on these issues, contributed to the unfolding of dramatic events.

UNHQ engagement with Member States regarding Sri Lanka was ineffective and heavily influenced by what UNHQ perceived Member States wanted to hear, rather than by what States needed to know if they were to respond. Reflection on Sri Lanka by UNHQ and States at the UN was conducted on the basis of a mosaic of considerations among which the grave situation of civilians in Sri Lanka competed with extraneous factors such as inconclusive discussions on the concept of the ‘responsibility to protect’ and Security Council ambivalence on its role in such situations. In the absence of clear Security Council support, the UN’s actions lacked adequate purpose and direction amid the many competing factors.

Most crucially, the UN did not use all the political and advocacy tools at its disposal. In particular, it did not keep Member States or the public fully informed. Nor did it warn the Sri Lankan Government or the LTTE of the consequences of their actions, including their responsibility for possible war crimes and crimes against humanity.

Systemic failure in Sri Lanka can be distilled into the following: (i) a UN system that lacked an adequate and shared sense of responsibility for human rights violations; (ii) an incoherent internal UN crisis-management structure which failed to conceive and execute a coherent strategy in response to early warnings and subsequent human rights and international humanitarian law (IHL) violations against civilians, and which did not exercise sufficient oversight for UN action in the field; (iii) senior staff on the ground who lacked the necessary armed conflict, political and IHL experience to deal with the challenge presented by Sri Lanka, and who were given insufficient support; (iv) the ineffective dispersal of coordination of UN action and monitoring of human rights and IHL violations across several different UNHQ entities in Geneva and New York with overlapping mandates; (v) inadequate political support from Member States and inadequate efforts by the Secretariat to build such support; and (vi) a framework for Member State engagement with human rights and IHL protection crises that is outdated and often unworkable.

Overview of Recommendations

The Panel’s Terms of Reference imply that it should gather lessons from an historical event that has passed. However, the magnitude of the violence in the Wanni, following decades of strife and injustice, continue to be felt by Sri Lanka’s communities. Sri Lanka’s peaceful and stable progress will require a process of accountability and reconciliation and a political solution to the long-standing grievances of all communities, as well as a response to ongoing and new concerns, and prevention and protection in the future. Working closely with the Government of Sri Lanka, the UN needs to take on this further challenge.

This report’s recommendations for the UN system are designed to be politically feasible and resource neutral, while encouraging profound changes in the institution’s approach to similar situations in the future. The broad lines of the recommendations include the need to:

Restate the vision of the UN: The Secretary-General should restate a vision of the UN’s most fundamental responsibilities to include the defence of human rights. The vision should help frame strategy and policy responses by senior levels of the organization to situations of massive human rights violations.

Embed a UN human rights perspective into UN strategies: The UNHQ needs stronger capacity to include human rights, IHL and international criminal law perspectives in overall analysis and strategy for any situation. It should also have stronger capacity to build political support from Member States for addressing grave concerns.

Strengthen the management of the UN’s crisis response: To ensure coherent UNHQ oversight for UN strategy and action, the Secretary-General should strengthen management of the whole-of-UN response to situations of massive human rights violations.

Promote accountability and responsibility: All staff should be fully informed of, and have easy access to, procedures under which allegations of serious misconduct by staff can be reported and promptly investigated.

Improve UN engagement with Member States and building of political support: For every such crisis, the Secretary-General must have an array of options that will permit him to fully inform Member States and suggest appropriate actions.

Better address violations of privileges and immunities: When a Member State engages in sustained actions against UN personnel and institutions, including violations of UN privileges and immunities, the Secretary-General should review options for response by the Secretariat and invite Member States to consider what action they could also take.

Coming at the beginning of his second term, the Secretary-General’s decision to commission an internal review is an extremely courageous step. The Panel believes that the report’s findings and recommendations provide an urgent and compelling platform for action. The UN’s failure to adequately respond to the events in Sri Lanka should not happen again. When confronted by similar situations, the UN should be able to meet a much higher standard in fulfilling its protection and humanitarian responsibilities. In support of this effort, the Panel strongly urges that its report be made public.

Saturday, March 31, 2012

Syria Tells UN 3211 Civilians Killed by "Terrorists" Who Stole 2256 Government Vehicles

By Matthew Russell Lee

UNITED NATIONS, March 31 -- In the run up to Kofi Annan's briefing of the Security Council on April 2, Syria late on March 30 wrote to the Council and Secretary General Ban Ki-moon to say that nearly 6000 people have been killed in the country by "terrorists."

This seeks to counter the numbers of civilians killed provided in briefings by High Commissioner on Human Rights Navi Pillay and outgoing head of UN Political Affairs Lynn Pascoe. Inner City Press has obtained the letter and puts it online here, before the UN has made it publicly available.

The Syrian letter states figures for killed civilians, police, army, then women and children, presumably already included in the civilian number. It also states for example that 2256 government vehicles have been stolen.

Meanwhile as the Friends of Syria grouping meets in Istanbul, Kofi Annan is not there. Instead, present is his Arab League selected deputy Nassar El-Kidwa, who is not allowed into Syria. Some call it a dysfunctional mediation. But not, it seems, Bashar al Assad. Watch this site.

Thursday, January 8, 2009

On Gaza, UN's "62 Civilian Casualties" Misstatement Goes Global, On Wires, Wall Street and Sky News

Byline: Matthew Russell Lee of Inner City Press at UN
www.innercitypress.com/un62civilians123008.html

UNITED NATIONS, December 30 -- A number of civilians killed in Gaza, 62, that the UN put out on Monday and then later qualified has nevertheless gone all over the world without the qualification attached, thus understating the deaths of non-combatants. UN Humanitarian Coorindator John Holmes on Monday told the Press that "on the Palestinian side, there's something like 320 dead... sixty two of those killed we believe are civilian casualties." Video here, from Minute 7:50. Holmes went on, "that simply encompasses those who are women and children."

Inner City Press asked Holmes, who made the decision to use a methodology which excluded all men? Holmes replied that it is not a methodology, and emphasized that the number is only for women and children. Video here, from Minute 48:34.

But the phrase "62 of those killed we believe are civilian casualties," which Holmes himself read out from a prepared statement, went out on wire services, leavened by what credibility the UN has.

Associated Press reported that "the UN said at least 62 of the dead were civilians." The same phrase then showed up in an article in the Washington Times bylined by Richard Gross, "At least 62 of the dead were civilians, the U.N. said."

Reuters followed in what they called a "Fact Box" that "the Israeli strikes have killed at least 335 Palestinians, including at least 62 civilians."

The Wall Street Journal dropped the phrase "at least" and reported on "casualties, which United Nations estimated Monday at 320 dead, including 62 civilians." From there it continued, from Sky News to Radio Netherlands, from India to Turkey and beyond.

So who is responsible? And what will be done to correct this?


While the UN might like to blame sloppy reporting, Holmes used the phrase "sixty two of those killed we believe are civilian casualties." Tuesday, after the UN postponed and then cancelled a scheduled press conference by its Middle East envoy Robert Serry, Inner City Press asked for another briefing by Holmes and Karen AbuZayd of UNRWA, on topics specifically including the numbers and how the decisions were made.

And see, www.innercitypress.com/un62civilians123008.html