Showing posts with label host country. Show all posts
Showing posts with label host country. Show all posts

Wednesday, September 2, 2015

Inner City Press Asked IPU About US Visa Restrictions, Churkin Says US Shot Self in Foot


By Matthew Russell Lee
UNITED NATIONS, September 2 -- When Inter-Parliamentary Union's Secretary General and President held a press conference in the UN Press Briefing Room on August 28, Inner City Press on behalf of the Free UN Coalition for Access asked them about the visa restrictions imposed by the US on Russian Council Speaker Valentina Matviyenko, as a matter of access, and host country relations. Video here, and embedded below.
  In fact, Matviyenko did appear for the IPU meeting, albeit on a large video screen. On September 2, Russia's Ambassador to the UN Vitaly Churkin cited this video appearance as proof that the US had shot itself in the foot with its visa restrictions. 
  Churkin said, "We think the United States interpreted its prerogative as a host country in a very narrow  way. It was not an event which was completely divorced from the United Nations. It was  not an accident that they held the event in the United Nations.... I think they, in propaganda terms, they shot themselves in the foot with this decision. Anyway, Valentina Matviyenko was speaking from the big screen to the General Assembly, so her message was delivered."
  On August 28 it was said there would be a reference to Russia's exclusion in the outcome document, UN Video here, from Minute 25. But in fact there was not, see here. On September 2, the IPU canceled its scheduled press conference at 1:30 pm.
  Back on August 28, IPU Secretary General Martin Chongong told Inner City Press:
"When it comes to the ability for members of parliament to attend the IPU conference, of course we want to, the ideal situation would be for every parliament to be able to attend the IPU conference here without any restrictions. We’re aware of possible difficulties in the past, when we started to organize these meetings, and we have been in consultations with various authorities, including in the US, and we have been told that the UN visa processing, process was very long, and we encouraged to ask possible participants to apply well in advance for those visas. I would think that, we have not had any particular visa difficulty being brought to our attention apart from the one you’re referring to, the Russian Speaker.

"It is only this morning that we have learned officially that she’s not coming. Up until this day we were expecting that she was coming. When we were coming to this press conference we saw a message from her that she will not be attending. Of course, we regret the fact, because we think that this is a forum where all the members of Parliament, true to the nature of democracy, could exercise their freedom of expression and bring to the floor what the issues are.

"We have yet to have the details of the decision taken for her not to participate, what are the conditions that were supposedly imposed by the American administration on her for participation in this meeting, so if I might answer your question, but I would not like to comment on an interpretation of a decision that I have not seen, and I have not seen that decision by the Americans.

Inner City Press asked, Would you ever think of doing a meeting in another country if in fact the parliamentarians can't attend in this country?
A: We have a principle in the IPU, when it comes to statutory meetings, that we cannot hold meetings in countries that do not guarantee access to all invited participants. But this one is a special meeting that we’re holding. It’s not a statutory meeting of the inter-parliamentary union. It’s an exceptional meeting. And it is taking place here, in New York, primarily because it is here that history is going to be made a few weeks down the road with the new SDGs being adopted by the summit of heads of state. We are saying that parliament should be there when this major decision is taken, and that is why we have this meeting here, in New York. But normally we would want, and we’ve had to cancel meetings, statutory meetings of the IPU, when we did not receive guarantees for all participants, all invited parties to attend.
I want to point out to you that we have received confirmation from the speaker of the Russian upper house of parliament that she will be attending the next IPU assembly in Geneva in October. I do not anticipate any problems regarding her participation. In fact, we look forward to it.

 IPU President Saber Chowdhury told Inner City Press / FUNCA:
"Just quickly, you asked the question as to the choice of the venue in New York. And, if I can just invite your attention to the GA resolution 68/272 that was taken in 19th of May. And I’ll just read out very briefly. This is from the GA resolution. It says, 
'Welcomes the preparations currently under way for the organization of the Fourth World Conference of Speakers of Parliament, in 2015, and encourages the conduct of these preparations in close cooperation with the United Nations, with a view to holding the Conference at United Nations Headquarters in New York as part of the series of high-level meetings in 2015, and maximizing political support for the outcome of the summit on the post-2015 development agenda.'
"So this also sort of influenced our choice of New York, because we were encouraged by a decision that was taken by the General Assembly. And we of course read that in good faith and accept that in good faith and make our arrangements."
  This is not an isolated case. (But what *is* also a trend is the old UN Correspondents Association demanding a set-aside first question - and then not asking about access issues. We'll have more on this. FUNCAopposes set-aside first questions, including for this reasons.)
For years, the US has restricted to within 25 miles of New York City not only Cuban diplomats but also UN staff members who are Cuban nationals. Now amid the thaw in US-Cuba relations, on August 4 Inner City Press asked the UN's deputy spokesperson Farhan Haq about it:
Inner City Press: On the host country agreement, I wanted to ask whether, given the new re-establishment of diplomatic relations between the US and Cuba, whether Cuban nationals who work for the UN are still subject to a 25-mile restriction outside of New York.

Deputy Spokesman Haq:  Again, that’s a question to ask the US authorities.  This is not a restriction that is imposed by the United Nations.  It’s a question of the bilateral relations between those two countries.

Inner City Press:  Right.  But given the UN speaks up about restrictions on travel on its staff in countries likes Sudan and don’t ask Sudan if they’re restricting our staff, I’m asking you are UN staff members who are nationals of Cuba still restricted within 25 miles, as a UN question?

Deputy Spokesman Haq:  No, that’s a question actually of US policy.  Does the US policy make that restriction?  Please ask the US Government on that.  That’s not something that’s put upon anyone by us.
  Again, this misses the point. When Sudan or other countries imposes restrictions on the movement of UN staff, the UN (sometimes) speaks up. To say, ask the country imposing the restriction on UN staff makes no sense, or is craven. We'll have more on this.

 Back on July 1, on the day the US' Jeffrey DeLaurentis handed President Barack Obama's letter to Raul Castro, setting July 20 for the re-opening of embassies, Inner City Press asked a Cuban diplomat in New York if the restrictions on him, and on Cuban UN staff, to stay within 25 miles of Columbus Circle would remain in place.
  Yes, was the reply, with a shaking of the head. How this is legal under the Host Country Agreement between the US and UN is not clear. But the UN says nothing about it.
  Later on July 1, UN Secretary General Ban Ki-moon issued a statement welcoming the move, but saying nothing about the US' restrictions not only on Cuban diplomats but also on UN staff of Cuban nationality, who work for Ban. Ah, leadership. Ban said (with the bracketed word "more" crossed out) --
"The Secretary-General welcomes the announcement today that Cuba and the United States will reopen embassies in Havana and Washington, D.C.. The restoration of diplomatic ties is an important step on the path toward the normalization of relations.

"In keeping with the principles of its founding Charter, the United Nations supports efforts to promote [more] harmonious and good neighbourly relations among States. The Secretary-General hopes that this historic step will benefit the peoples of both countries."
  Back on April 1 as talks continued between Cuba and the US, including in Havana on telecommunications, Inner City Press on April 1 asked the UN to confirm that Cuban nationals who are UN staff members are for now required to seek prior approval before venturing more than 25 miles from Columbus Circle in Manhattan. 
  While the UN openly complains when restricted in certain other countries, this restriction it refuses to confirm or discuss. From the UN's April 1 transcript:
Inner City Press: I wanted to ask you about UN staff's ability to travel more than 25 miles outside of New York... I'd like you to comment on whether Cuban staff, i.e., employed by the UN, but from Cuba, are subject to that restriction, and what the Secretariat has done either historically or recently to oppose that, and your position on the legality of the host country limiting UN staff to a certain distance from Manhattan. 

Deputy Spokesman Farhan Haq:  As you know, there's a Convention on the privileges and immunities of UN and associated staff, so I would just refer to you that.  So for any problems that we have in any of the countries where we operate, we take them up with the local authorities, and in this case, it would also be an issue for the Host Country Committee.

Inner City Press:  Right, but can we either now or later today just get an answer from the UN, maybe it's OHRM or OLA, are you aware, because I am, of restrictions imposed by the host country on UN staff members from particular countries, and what's your position on that?  [overlapping talking]

Deputy Spokesman Haq:  Like I said, our position is in line with the Convention on the privileges and immunities of the United Nations and associated staff.  So we have that as a clear point.  And then if we have concerns with any countries, we take them up at different levels.  And like I said, in this case, sometimes there would be issues for the Host Country Committee and we'd take it up there.

Inner City Press:  I'm just wondering, can the UN not say whether it has staff members based here in New York who are restricted from traveling?

Deputy Spokesman:  Whenever we have any concerns, we take them up with the authorities as need be, including with the Host Country Committee.  
   Back on March 26 Inner City Press asked US State Department spokesperson Jeff Rathke about US limitations on Cuban diplomats. From the State Department transcript:
Inner City Press:  Cuba has complained that its diplomats accredited to the UN in New York are not allowed to go more than 25 miles outside of the city or from Columbus Circle.  And I wanted to know whether this restriction is one of the things that’s being negotiated.  Is it considered being lifted?  Is it – where does it stand, and how do – and what’s the U.S. – given that generally people accredited to the UN can travel freely, how does the U.S. justify it?

MR. RATHKE:  Well, we’ve said from the very start of our rounds of talks with the Cuban Government that one of the topics we want to discuss is the ability of American diplomats in Cuba to move around freely and, of course, the Cubans have a similar concern.  I’m not going to get into the state of those discussions, but that’s clearly a topic that we’ve been talking about over the last few rounds.
  Rathke went on to say it is part of the negotiations. 
 Back on March 13, after Cuba came out in strong defense of Venezuela after US President Obama's executive order, the US was disappointed but not surprised, a senior State Department official told reporters on a background call.
   Inner City Press wondered from the UN, what of the US' requirement that Cuban diplomats -- and even Cuban UN staff members -- must stay without 25 miles of Columbus Circle in Manhattan
  Will that restriction, which seems contrary to the Host Country Agreement between the US and UN and the Vienna Conventions, be removed? 
   Currently in charge of the US' “interest section” is Jeffrey Delaurentis, formerly with the US Mission to the UN. What does he say about the 25 mile restriction? And how might he fare in a nomination process in the US Senate? Watch this site.

 
  

Friday, August 28, 2015

ICP Asks Inter-Parliamentary Union About US Visa Restrictions, If IPU Will Meet Elsewhere in the Future


By Matthew Russell Lee
UNITED NATIONS, August 28 -- When Inter-Parliamentary Union's Secretary General and President held a press conference in the UN Press Briefing Room on August 28, Inner City Press on behalf of the Free UN Coalition for Access asked them about the visa restrictions imposed by the US on Russian Council Speaker Valentina Matviyenko, as a matter of access, and host country relations. Video here, and embedded below.
  IPU Secretary General Martin Chongong told Inner City Press:
"When it comes to the ability for members of parliament to attend the IPU conference, of course we want to, the ideal situation would be for every parliament to be able to attend the IPU conference here without any restrictions. We’re aware of possible difficulties in the past, when we started to organize these meetings, and we have been in consultations with various authorities, including in the US, and we have been told that the UN visa processing, process was very long, and we encouraged to ask possible participants to apply well in advance for those visas. I would think that, we have not had any particular visa difficulty being brought to our attention apart from the one you’re referring to, the Russian Speaker.

"It is only this morning that we have learned officially that she’s not coming. Up until this day we were expecting that she was coming. When we were coming to this press conference we saw a message from her that she will not be attending. Of course, we regret the fact, because we think that this is a forum where all the members of Parliament, true to the nature of democracy, could exercise their freedom of expression and bring to the floor what the issues are.

"We have yet to have the details of the decision taken for her not to participate, what are the conditions that were supposedly imposed by the American administration on her for participation in this meeting, so if I might answer your question, but I would not like to comment on an interpretation of a decision that I have not seen, and I have not seen that decision by the Americans.

Inner City Press asked, Would you ever think of doing a meeting in another country if in fact the parliamentarians can't attend in this country?
A: We have a principle in the IPU, when it comes to statutory meetings, that we cannot hold meetings in countries that do not guarantee access to all invited participants. But this one is a special meeting that we’re holding. It’s not a statutory meeting of the inter-parliamentary union. It’s an exceptional meeting. And it is taking place here, in New York, primarily because it is here that history is going to be made a few weeks down the road with the new SDGs being adopted by the summit of heads of state. We are saying that parliament should be there when this major decision is taken, and that is why we have this meeting here, in New York. But normally we would want, and we’ve had to cancel meetings, statutory meetings of the IPU, when we did not receive guarantees for all participants, all invited parties to attend.
I want to point out to you that we have received confirmation from the speaker of the Russian upper house of parliament that she will be attending the next IPU assembly in Geneva in October. I do not anticipate any problems regarding her participation. In fact, we look forward to it.


IPU President Saber Chowdhury told Inner City Press / FUNCA:
"Just quickly, you asked the question as to the choice of the venue in New York. And, if I can just invite your attention to the GA resolution 68/272 that was taken in 19th of May. And I’ll just read out very briefly. This is from the GA resolution. It says, 
'Welcomes the preparations currently under way for the organization of the Fourth World Conference of Speakers of Parliament, in 2015, and encourages the conduct of these preparations in close cooperation with the United Nations, with a view to holding the Conference at United Nations Headquarters in New York as part of the series of high-level meetings in 2015, and maximizing political support for the outcome of the summit on the post-2015 development agenda.'
"So this also sort of influenced our choice of New York, because we were encouraged by a decision that was taken by the General Assembly. And we of course read that in good faith and accept that in good faith and make our arrangements."
  This is not an isolated case. (But what *is* also a trend is the old UN Correspondents Association demanding a set-aside first question - and then not asking about access issues. We'll have more on this. FUNCAopposes set-aside first questions, including for this reasons.)
For years, the US has restricted to within 25 miles of New York City not only Cuban diplomats but also UN staff members who are Cuban nationals. Now amid the thaw in US-Cuba relations, on August 4 Inner City Press asked the UN's deputy spokesperson Farhan Haq about it:
Inner City Press: On the host country agreement, I wanted to ask whether, given the new re-establishment of diplomatic relations between the US and Cuba, whether Cuban nationals who work for the UN are still subject to a 25-mile restriction outside of New York.

Deputy Spokesman Haq:  Again, that’s a question to ask the US authorities.  This is not a restriction that is imposed by the United Nations.  It’s a question of the bilateral relations between those two countries.

Inner City Press:  Right.  But given the UN speaks up about restrictions on travel on its staff in countries likes Sudan and don’t ask Sudan if they’re restricting our staff, I’m asking you are UN staff members who are nationals of Cuba still restricted within 25 miles, as a UN question?

Deputy Spokesman Haq:  No, that’s a question actually of US policy.  Does the US policy make that restriction?  Please ask the US Government on that.  That’s not something that’s put upon anyone by us.
  Again, this misses the point. When Sudan or other countries imposes restrictions on the movement of UN staff, the UN (sometimes) speaks up. To say, ask the country imposing the restriction on UN staff makes no sense, or is craven. We'll have more on this.

 Back on July 1, on the day the US' Jeffrey DeLaurentis handed President Barack Obama's letter to Raul Castro, setting July 20 for the re-opening of embassies, Inner City Press asked a Cuban diplomat in New York if the restrictions on him, and on Cuban UN staff, to stay within 25 miles of Columbus Circle would remain in place.
  Yes, was the reply, with a shaking of the head. How this is legal under the Host Country Agreement between the US and UN is not clear. But the UN says nothing about it.
  Later on July 1, UN Secretary General Ban Ki-moon issued a statement welcoming the move, but saying nothing about the US' restrictions not only on Cuban diplomats but also on UN staff of Cuban nationality, who work for Ban. Ah, leadership. Ban said (with the bracketed word "more" crossed out) --
"The Secretary-General welcomes the announcement today that Cuba and the United States will reopen embassies in Havana and Washington, D.C.. The restoration of diplomatic ties is an important step on the path toward the normalization of relations.

"In keeping with the principles of its founding Charter, the United Nations supports efforts to promote [more] harmonious and good neighbourly relations among States. The Secretary-General hopes that this historic step will benefit the peoples of both countries."
  Back on April 1 as talks continued between Cuba and the US, including in Havana on telecommunications, Inner City Press on April 1 asked the UN to confirm that Cuban nationals who are UN staff members are for now required to seek prior approval before venturing more than 25 miles from Columbus Circle in Manhattan. 
  While the UN openly complains when restricted in certain other countries, this restriction it refuses to confirm or discuss. From the UN's April 1 transcript:
Inner City Press: I wanted to ask you about UN staff's ability to travel more than 25 miles outside of New York... I'd like you to comment on whether Cuban staff, i.e., employed by the UN, but from Cuba, are subject to that restriction, and what the Secretariat has done either historically or recently to oppose that, and your position on the legality of the host country limiting UN staff to a certain distance from Manhattan.

Deputy Spokesman Farhan Haq:  As you know, there's a Convention on the privileges and immunities of UN and associated staff, so I would just refer to you that.  So for any problems that we have in any of the countries where we operate, we take them up with the local authorities, and in this case, it would also be an issue for the Host Country Committee.

Inner City Press:  Right, but can we either now or later today just get an answer from the UN, maybe it's OHRM or OLA, are you aware, because I am, of restrictions imposed by the host country on UN staff members from particular countries, and what's your position on that?  [overlapping talking]

Deputy Spokesman Haq:  Like I said, our position is in line with the Convention on the privileges and immunities of the United Nations and associated staff.  So we have that as a clear point.  And then if we have concerns with any countries, we take them up at different levels.  And like I said, in this case, sometimes there would be issues for the Host Country Committee and we'd take it up there.

Inner City Press:  I'm just wondering, can the UN not say whether it has staff members based here in New York who are restricted from traveling?

Deputy Spokesman:  Whenever we have any concerns, we take them up with the authorities as need be, including with the Host Country Committee.  
   Back on March 26 Inner City Press asked US State Department spokesperson Jeff Rathke about US limitations on Cuban diplomats. From the State Department transcript:
Inner City Press:  Cuba has complained that its diplomats accredited to the UN in New York are not allowed to go more than 25 miles outside of the city or from Columbus Circle.  And I wanted to know whether this restriction is one of the things that’s being negotiated.  Is it considered being lifted?  Is it – where does it stand, and how do – and what’s the U.S. – given that generally people accredited to the UN can travel freely, how does the U.S. justify it?

MR. RATHKE:  Well, we’ve said from the very start of our rounds of talks with the Cuban Government that one of the topics we want to discuss is the ability of American diplomats in Cuba to move around freely and, of course, the Cubans have a similar concern.  I’m not going to get into the state of those discussions, but that’s clearly a topic that we’ve been talking about over the last few rounds.
  Rathke went on to say it is part of the negotiations. 
 Back on March 13, after Cuba came out in strong defense of Venezuela after US President Obama's executive order, the US was disappointed but not surprised, a senior State Department official told reporters on a background call.
   Inner City Press wondered from the UN, what of the US' requirement that Cuban diplomats -- and even Cuban UN staff members -- must stay without 25 miles of Columbus Circle in Manhattan
  Will that restriction, which seems contrary to the Host Country Agreement between the US and UN and the Vienna Conventions, be removed? 
   Currently in charge of the US' “interest section” is Jeffrey Delaurentis, formerly with the US Mission to the UN. What does he say about the 25 mile restriction? And how might he fare in a nomination process in the US Senate? Watch this site.

 
  

Tuesday, May 6, 2014

As US Says Will Help Syria Coalition With Banks, At UN Group of 77 Seethes, UN General Assembly Resolution Pends


By Matthew Russell Lee

UNITED NATIONS, May 6 -- The US as Host Country to the United Nations has told the member states in the Group of 77 that it can do little to live up to the provision in the Host Country Agreement that countries' missions should have access to banking services.

  This has given rise to G77 outrage, on which Inner City Press first reported on March 18, and to a draft General Assembly resolution, below.

   Significantly, when the US State Department was asked on May 5 what the effect of granting foreign mission status to the Syrian Opposition Coalition would be, the response was, "It will allow us to formally facilitate banking and security services for the coalition offices in the United States."

   Several G77 members have expressed surprise or anger at this statement, one telling Inner City Press, The US can't do anything for countries, some supposedly allies, but will facilitate banking for these Gulf-sponsored rebels?

  The Syrian Coalition under Ahmad Jarba is based in Turkey, and has been subject to a power struggle between Qatar and Saudi Arabia, with the latter mostly winning. As one G77 member put it, Money talks.
   Back on March 18 JPMorgan Chase came up as a topic, and target, in a closed door meeting at the UN of the Group of 77 and China on March 18, several Permanent Representative then exclusively told Inner City Press. They marveled that the UN does business with JPM Chase while the bank cuts off many of the member states of the UN.
  Now a G77-agreed draft resolution has emerged, including a review of the UN's relations with JPM Chase, and has the votes to be adopted in the General Assembly, as reported byIPS. Inner City Press is publishing the full text, below.
  In the half-light of the UN Conference Building's second floor on March 18, ambassadors complained that whileJPMorgan Chase is moving to deny many of their missions bank accounts, the bank also overcharges them when for example they pay or get paid by UN Peacekeeping.
  The idea discussed was to draft and vote on a General Assembly resolution on the topic. The US government is required, under the UN Host Country Agreement, to try to ensure banking services for countries' diplomatic missions. Here is the G77-agreed language, on which for now the UN Secretariat has declined comment:
7 April 2014 Group of 77 and China DRAFT RESOLUTION General Assembly Sixty-eighth session
Agenda item 124 Strengthening of the United Nations system
Agenda item 125 United Nations reform: measures and proposals
Enhancement of the administration and financial functioning of the United Nations
The General Assembly,
PP1 Guided by the purposes and principles of the Charter of the United Nations and its relevant provisions,
PP2 Considering the agreement established by the United Nations, the host country, and the City of New York, in order to guarantee the rights, obligations and the fulfillment of responsibilities by Member States towards the United Nations, under the United Nations Charter and international law,
PP3 Taking into consideration also that the Vienna Convention on Diplomatic Relations of 1961 and the host country agreement of 26 June 1947 approved by General Assembly resolution A/RES/169(II), are the regulatory framework for States and international organizations, in particular the relations for the United Nations headquarters in the City of New York and the Member and Observer States,
PP4 Expressing its deep concern over the decisions made on a number of occasions by several banking institutions, including JP Morgan Chase Bank (the United States consumer and commercial banking business of JPMorgan Chase & Co.) in relation to the closing of the Permanent Missions’ accounts and the accounts of their staff accredited to the United Nations and their relatives,
PP5 Regretting the notifications made by the host country to the Permanent Missions, indicating that the relations between the Permanent Missions of Member and Observer States and their staff with the banking institutions in the City of New York, as well as the financial relations between the United Nations Secretariat and the banking institutions, are both of a private nature and are not regulated, directed, or oriented in any way by the host country or any of its agencies,
PP6 Stressing that Governments of Members and Observers of the United Nations, the Permanent Missions and their staff, as well as the United Nations headquarters, UN Agencies, Funds and Programmes, ought to be guaranteed the normal functioning of their facilities in order to discharge their duties, and recalling the obligations of the Host Country under international law to accord full facilities for the performances of the functions of the Permanent Missions accredited to the United Nations;
PP7 Keeping in mind the need for Permanent Missions and the United Nations organization as a whole, to establish long-term business relations based on mutual trust and respect, especially in light of the latest actions taken by some banking institutions, including the JP Morgan Chase Bank in this regard,
OP1 Requests the Secretary General to review and report to the General Assembly, within the next 120 days following the adoption of the present resolution, of any obstacles or impediments observed in the accounts opened by the Permanent Missions of Member and Observer States or their staff at the JP Morgan Chase Bank in the City of New York, and the impact that these impediments have on the adequate functioning of their offices, and, to this end, invites Member and Observer States to provide the Secretary General with relevant information that will facilitate the elaboration of such report;
OP2 Also requests the Secretary General to submit to the General Assembly a set of recommendations and a proposal oriented to reviewing the U.N. Secretariat’s financial relations with the JP Morgan Chase Bank and considering alternatives to such financial institutions and to report thereon along with the information requested in OP1 above;
OP3 Further requests the Secretary General, as soon as possible but not later than 30 days from the adoption of the present resolution, to provide Member and Observer States with alternative options regarding banking services in the City of New York, to allow them to adequately manage and maintain their accounts, assessed budgetary contributions, voluntary contributions, transfers and other financial activities directly related to their membership to the United Nations, and their Permanent Missions, while reassuring, by holding proper negotiations on this matter in his capacity as UN chief administrative officer, including with the host country, that all Permanent and Observer Missions and their staff and their family members will be granted equal, fair, and non-discriminatory treatment from the referred institutions when conducting their respective accounts;
OP4 Requests the host country, in light of its obligations under international law including the host country agreement, in particular sections 1, 2(b) and 27 and especially stressing the provisions as outlined in section 25, and the Vienna Convention, to take, as soon as possible, all the necessary measures to ensure Permanent Missions accredited to the United Nations and their staff are granted equal, fair and non-discriminatory treatment by the banking system;
OP5 Underscores the importance of the host country taking the necessary measures to ensure that personal data and information of persons affected by the closure of accounts is kept confidential by banking institutions, including the JP Morgan Chase Bank and the possible successors of those institutions, and requests the Secretary-General to work with the host country in that regard and to report to the General Assembly within 90 days;
OP6. Decides to keep this matter under review during the 68th session of the General Assembly as well as the following sessions.
  JPMorgan Chase was centrally involved in the 2008 predatory lending meltdown that hurt the economies of countries around the world, as Inner City Press has covered in depth. Now, belatedly, there is fight back in the UN General Assembly, on the issue of bank accounts and fees. Watch this site.

 
  

Friday, April 11, 2014

As US Bans Iran Ambassador, Inner City Press Asks UN of 1988 Arafat Ruling, 1953 Document, Precedents: What's Changed?


By Matthew Russell Lee

UNITED NATIONS, April 11 -- For days the UN spokespeople have resisted saying if the US blocking Iran's nominee to be Ambassador to the UN would violate the UN's own agreement with the US as Host Country. 

  On April 11, when the US said "we have informed the United Nations and the Government of Iran that we will not issue a visa to Mr. Aboutalebi," Inner City Press asked UN Spokesman Stephane Dujarric if the UN's legal opinion in 1988 that the US had a duty to let Yasser Arafat in still applies.Video here.

That is, since the Host Country Agreement hasn't changed, why hasn't the UN simply reiterated its precedential ruling on Arafat? Is the only difference the change in Secretaries General? Or the end of the Cold War and seemingly uni-polar world, or at least uni-polar UN?
Dujarric said that it's that neither the US nor Iran have asked for a ruling. But the US informing the UN of its decision should trigger some statement. Here is the 1988 (and 1953) background:
From the "Statement by the UN Legal Counsel concerning the determination by the Secretary of State of the United States of America on the visa application of Mr. Yasser Arafat, made at the 136th meeting of the Committee on Relations with the Host Country, on 28 November 1988," undocs/org/A/C.6/43/7:
2. [...] As you know, sections 11, 12 and 13 of the Headquarters Agreement provide, inter alia, that invitees of the United Nations shall not be impeded in their access to the Headquarters district, that this applies irrespective of the state of bilateral relations of the host country and that the necessary visas "shall be granted ... as promptly as possible".
10. For the record, I wish to state that the United Nations has not acquiesced in such a practice. It is true that, on certain occasions, the United States has declined to issue visas to representatives of States or to persons invited to the United Nations, and the United Nations has not insisted where the requesting State itself, for reasons of its own, did not pursue the matter. The United Nations legal position regarding the obligation of the host country to grant visas has at all times been perfectly clear to the host country, as was the United Nations position with respect to the so-called security reservation...
12. To sum up, I am of the opinion that the host country was and is under an obligation to grant the visa request


Even further back, document E/2397 of 10 April 1953 explains that:
"Section 21 of the Headquarters Agreement establishes the procedures for handling any such dispute. If the dispute is not settled by negotiation or other agreed mode of settlement, it “shall be referred for final decision to a tribunal of three arbitrators, one to be named by the Secretary-General, one to be named by the Secretary of State of the United States, and the third to be chosen by the two, or, if they should fail to agree upon a third, then by the President of the International Court of Justice.”
So what's different now? Watch this site.

 
  

At UN, JPMorgan Chase Closed Accounts, Now Fight Back in G77 Resolution, Full Text Here


By Matthew Russell Lee
UNITED NATIONS, April 11 -- Back on March 18 JPMorgan Chase came up as a topic, and target, in a closed door meeting at the UN of the Group of 77 and China on March 18, several Permanent Representative then exclusively told Inner City Press. They marveled that the UN does business with JPM Chase while the bank cuts off many of the member states of the UN.
  Now a G77-agreed draft resolution has emerged, including a review of the UN's relations with JPM Chase, and has the votes to be adopted in the General Assembly, as reported byIPS. Inner City Press is publishing the full text, below.
  In the half-light of the UN Conference Building's second floor on March 18, ambassadors complained that while JPMorgan Chase is moving to deny many of their missions bank accounts, the bank also overcharges them when for example they pay or get paid by UN Peacekeeping.
  The idea discussed was to draft and vote on a General Assembly resolution on the topic. The US government is required, under the UN Host Country Agreement, to try to ensure banking services for countries' diplomatic missions. Here is the G77-agreed language, on which for now the UN Secretariat has declined comment:
7 April 2014 Group of 77 and China DRAFT RESOLUTION General Assembly Sixty-eighth session
Agenda item 124 Strengthening of the United Nations system
Agenda item 125 United Nations reform: measures and proposals
Enhancement of the administration and financial functioning of the United Nations
The General Assembly,
PP1 Guided by the purposes and principles of the Charter of the United Nations and its relevant provisions,
PP2 Considering the agreement established by the United Nations, the host country, and the City of New York, in order to guarantee the rights, obligations and the fulfillment of responsibilities by Member States towards the United Nations, under the United Nations Charter and international law,
PP3 Taking into consideration also that the Vienna Convention on Diplomatic Relations of 1961 and the host country agreement of 26 June 1947 approved by General Assembly resolution A/RES/169(II), are the regulatory framework for States and international organizations, in particular the relations for the United Nations headquarters in the City of New York and the Member and Observer States,
PP4 Expressing its deep concern over the decisions made on a number of occasions by several banking institutions, including JP Morgan Chase Bank (the United States consumer and commercial banking business of JPMorgan Chase & Co.) in relation to the closing of the Permanent Missions’ accounts and the accounts of their staff accredited to the United Nations and their relatives,
PP5 Regretting the notifications made by the host country to the Permanent Missions, indicating that the relations between the Permanent Missions of Member and Observer States and their staff with the banking institutions in the City of New York, as well as the financial relations between the United Nations Secretariat and the banking institutions, are both of a private nature and are not regulated, directed, or oriented in any way by the host country or any of its agencies,
PP6 Stressing that Governments of Members and Observers of the United Nations, the Permanent Missions and their staff, as well as the United Nations headquarters, UN Agencies, Funds and Programmes, ought to be guaranteed the normal functioning of their facilities in order to discharge their duties, and recalling the obligations of the Host Country under international law to accord full facilities for the performances of the functions of the Permanent Missions accredited to the United Nations;
PP7 Keeping in mind the need for Permanent Missions and the United Nations organization as a whole, to establish long-term business relations based on mutual trust and respect, especially in light of the latest actions taken by some banking institutions, including the JP Morgan Chase Bank in this regard,
OP1 Requests the Secretary General to review and report to the General Assembly, within the next 120 days following the adoption of the present resolution, of any obstacles or impediments observed in the accounts opened by the Permanent Missions of Member and Observer States or their staff at the JP Morgan Chase Bank in the City of New York, and the impact that these impediments have on the adequate functioning of their offices, and, to this end, invites Member and Observer States to provide the Secretary General with relevant information that will facilitate the elaboration of such report;
OP2 Also requests the Secretary General to submit to the General Assembly a set of recommendations and a proposal oriented to reviewing the U.N. Secretariat’s financial relations with the JP Morgan Chase Bank and considering alternatives to such financial institutions and to report thereon along with the information requested in OP1 above;
OP3 Further requests the Secretary General, as soon as possible but not later than 30 days from the adoption of the present resolution, to provide Member and Observer States with alternative options regarding banking services in the City of New York, to allow them to adequately manage and maintain their accounts, assessed budgetary contributions, voluntary contributions, transfers and other financial activities directly related to their membership to the United Nations, and their Permanent Missions, while reassuring, by holding proper negotiations on this matter in his capacity as UN chief administrative officer, including with the host country, that all Permanent and Observer Missions and their staff and their family members will be granted equal, fair, and non-discriminatory treatment from the referred institutions when conducting their respective accounts;
OP4 Requests the host country, in light of its obligations under international law including the host country agreement, in particular sections 1, 2(b) and 27 and especially stressing the provisions as outlined in section 25, and the Vienna Convention, to take, as soon as possible, all the necessary measures to ensure Permanent Missions accredited to the United Nations and their staff are granted equal, fair and non-discriminatory treatment by the banking system;
OP5 Underscores the importance of the host country taking the necessary measures to ensure that personal data and information of persons affected by the closure of accounts is kept confidential by banking institutions, including the JP Morgan Chase Bank and the possible successors of those institutions, and requests the Secretary-General to work with the host country in that regard and to report to the General Assembly within 90 days;
OP6. Decides to keep this matter under review during the 68th session of the General Assembly as well as the following sessions.
  JPMorgan Chase was centrally involved in the 2008 predatory lending meltdown that hurt the economies of countries around the world, as Inner City Press has covered in depth. Now, belatedly, there is fight back in the UN General Assembly, on the issue of bank accounts and fees. Watch this site.

 
  

Monday, April 7, 2014

On Iran's Nominee as UN Rep, UN Dodged on Host Country, Now Voice Vote in US Senate


By Matthew Russell Lee

UNITED NATIONS, April 7, 2014 -- What does the US' Host Country agreement with the UN mean? On April 3, Inner City Press asked: 

Inner City Press: a lot of the discussions has been in the US Congress that they would have a right to bar a country’s Permanent Representative from coming to New York, can you say generally whether the Host Country Agreement between the UN and the US requires the US to allow in diplomats to attend UN meetings or to represent their country at the UN?  Is that what it requires?
Deputy Spokesman Farhan Haq:  Well, I would just refer you to the text of the Host Country Agreement.  At this point, like I said, this is something to be dealt with bilaterally and we’ll leave it to them.  If this needs to involve the Host Country Agreement, we’ll have to see at that stage.
 Now after that dodge, the US Senate by a voice vote says it is barring Iran's nominee as ambassador. The New York Times reports it, but does not get into the Host Country agreement. 
  But under that, even Serbia's Milosevic came to 42nd Street, as did Sri Lanka's Mahinda Rajapaksa. Does this mean the US or the US Congress endorsed them?
  With the Iran nuclear P5+1 talks now resuming in Vienna, a US Senior Administration Official on April 4 told the press they are "on pace" to begin "drafting in May."
  But what about the US position on Iran's reported new Permanent Representative to the UN, about whom Inner City Press asked the UN on April 3? (The UN called it "bilateral" and would not comment on the US' duties under the UN Host Country Agreement).
  The US Senior Administration Official called the reported nomination troubling, but would not say how it may impact the P5+1 process. 
  Nor would the Official comment on moves to impose non-nuclear sanctions on Iran pitched by Eliot Engel (D-NY) here. The official declined comment on yet unseen legislation.
  There are also unseen transactions, only rumored, like a $20 billion oil for goods deal between Iran and Russia. Concern was expressed, but there is no evidence the deal is taking place.
  So: on pace to begining drafting in May? We'll see.
   Way back in October, the spokesperson of Catherine Ashton, European Union High Representative for Foreign Affairs, Michael Mann, canceled a briefing for journalists in Geneva covering those talks. His Twitter feed went silent for 15 hours in the middle of the talks, after Ashton's belated condemnation of a deadly attack on UN peacekeepers in Darfur four days previous.
  Inner City Press asked if this was "on delay." The document Mann linked to does not even MENTION Darfur or UNAMID.
  Inner City Press noted the incongruity, for example, of Reuters covering the Geneva talks with four separate scribes even as editor Stephen Adler speaks of five percent newsroom cuts. (Perhaps relatedly, as Fars got scoops Reuters tweeted the price of hamburgers in Geneva. It is true,as this internal UN post-Sri Lanka proposal exclusively published Friday by Inner City Press puts it, that New York is viewed as a cheaper "duty station" than Geneva.)
 But Iran is the big one for Reuters: at the UN in New York, they festooned their office door proudly with copies of complaints about their reporting from Iran's Mission to the UN. Was this for gumshoe reporting or simply getting leaks from the UK and France?
  (The irony of Reuters and leaks is that the agency's UN bureau chief has used a Digital Millennium Copyright Act filing, here, to get Google to ban from its search a leaked copy of the Reuters chief's "on the record"anti-Press complaint to the UN, with the same strategy Erodgan used to declare his leaked phone calls "copyrighted.")
  In Geneva back in October, a first scoop came from Iran's Fars agency. As noted, when Iranian foreign minister Javad Zarif met with UN Secretary General Ban Ki-moon in New York, the only journalists who went up to Ban's 38th floor office to cover it were with Iranian media and Inner City Press.
  Up there, Iranian foreign minister Javad Zarif quipped to UN Syria envoy Lakhdar Brahimi that he would see him soon in Tehran. Downstairs, the so-called UN Correspondents Association used UN resources to celebrate themselves, having hosted a faux UN briefing by Saudi-sponsored Syria rebel boss Ahmad al Jarba. This is how it works -- UNCA or its first vice president from Reuters also in essence spy for the UN, click here for storyaudiodocument. This has yet to be explained.
It is at the level of foreign ministers that Iran wants the November talks. There are sure to be questions to the US State Department's Jen Psaki and Marie Harf, present at the talks, about this. Harf was tweeting, even as other parts of the US State Department said they stopped, including on theUN Security Council's recent Africa trip, due to or to highlight the US government shutdown. Ah, politics. Watch this site.