Showing posts with label second circuit. Show all posts
Showing posts with label second circuit. Show all posts

Tuesday, July 14, 2015

In Haiti Cholera Case, UN in Default Even of Notice of Appearance


By Matthew Russell Lee
UNITED NATIONS, July 14 -- After bringing cholera to Haiti, the UN has refused to help the families of those killed by the cholera. Now the UN belatedly has a rule to get reimbursed by Troop Contributing Countries if it vaccinates their soldiers (here at Para 61) - but still no compensation for the victims.
  In the legal appeal pending in the US Second Circuit Court of Appeals, the UN on July 14 was informed of its "Notice of Appearance Default," and told if it doesn't respond in 14 days it will not be heard at oral arguments except by the permission of the Court. 
Inner City Press: on Haiti, there's been a notice of them staring at now, sent to the Office of the Secretary-General about the Second Circuit appeal of the cholera case and it basically says… it's called a notice of appearance default notice, that if there's no response by the UN within 14 days, they can't be heard at the oral argument.  Are you aware of this?  And is it your intention to…?

Spokesman:  I'm not aware… I'm not aware of it.
  Last week, Dujarric told Inner City Press that the UN would respond to a letter urging it to take responsibility for bringing cholera to Haiti. But Dujarric did not say what the UN's response will be. We'll have more on this.
 Back on July 7 Inner City Press asked  Dujarric:
Inner City Press: Two very quick questions.  One has to do with contingent on equipment and this new guidance that's put out by the Secretariat about vaccinations noted by PassBlue.  They've noted that, and I'm looking at it now, that the UN now tells countries to vaccinate their peacekeepers if they come from a high-risk area, and if they don't vaccinate, the UN will do it and charge them.  Can you say, this seems to be a response to what occurred in Haiti?  And what would you say to those who say, if you're going to get into the UN receiving compensation for vaccinating peacekeepers, what about compensation for people that were made sick by the previous failure to have this policy?

Spokesman Dujarric:  Well, I don't think we're getting compensation for vaccinating peacekeepers.  I think what's important is that we keep improving our policies to keep people safe.

Inner City Press:  Right, but the sentence says, "The UN will deduct any expenses for vaccinations"…

Spokesman Dujarric:  That's not compensation.  That's just covering of costs.
Inner City Press:  Right.  It seems like a small amount of money, so…

Spokesman Dujarric:  Right, but… I… I… we agree to disagree.
  Meanwhile outgoing UN envoy on cholera Medrano did an "interview" with the UN's own UN News Centrewithout mentioning that the UN brought the disease to Haiti; the UN on July 6 "reported" about cholera without mentioning Haiti, here.
When UN Peacekeepers are determined, by the UN itself, to have killed three civilians in Mali by using excessive force, what accountability is there?  None - and UN Peacekeeping chief Herve Ladsous on April 2 refused to answer questions about his own responsibility. Video here.Vine here.  
 On June 23, Inner City Press asked Mali's foreign minister to confirm that the UN is going to pay compensation to the families of those its peacekeepers killed in Gao. He told Inner City Press to "ask the UN."
  And so Inner City Press did ask, at the June 23 noon briefing:
Inner City Press: This is something that the Malian Foreign Minister said to ask you.  So, I want to say that in advance before asking you.  And it has to do with whether… I asked him whether the UN is in fact going to pay monetary compensation to civilians that were killed by peacekeepers in Gao in that report that was issued some time ago.  And he said:  You should ask the UN.  So, I'm asking you.  Is the…

Spokesman:  Okay.  I will… let me check on what we'd announced at the time, and I'll get back to you.  [He later added that a compensation fund had been set up by the Department of Field Support.]
 The bracketed material, Dujarric's Office added to the transcript, after emailing Inner City Press this:
"Regarding your question on compensation for casualties in Gao, Mali, we would like to recall that a compensation fund has been set up by the Department of Field Support."
  Inner City Press has been told - NOT by the Spokesperson's Office -- that the UN is calculating how much to pay each family in Mali. But why has the UN paid NOTHING to the families of those killed by the cholera the UN brought to Haiti? Inner City Press asked the UN's Mali envoy Mongi Hamdi, who gamely tried to distinguish the two cases, focusing on the UN exonerating itself in Haiti. We'll have more on this.
  On June 11, the day after an attack against Malian military posts in the south of the country that killed one soldier and injured two, MINUSMA issued a statement which the Free UN Coalition for Access translates here:

  “MINUSMA firmly condemns the cowardly terrorist attack  against posts of the Malian military and security forces in Misseni / Kadiolo, in the south of Mali. The attack early on the morning of June 10 killed one soldier and injured two, as well as causing physical damage. MINUSMA offers its condolence to the Government and Armed Forces of Mali as well as to the soldier's family. The Mission wishes a fast recovery for the two wounded soldiers. MINUSMA again underlines the urgency of advancing the peace process to ensure that the Government and the stakeholders can combine their efforts and act in unity to put an end to the terrorism which threatens Mali and its people.”
  That the attack happened in southern and not northern Mali may be a bad omen.
After his May 16 press conference in Bamako, Ladsoussaid the UN's report about its killings in Gao will never be released; follow up question here. During the press conference, tellingly, Ladsous berated Malians for not sufficiently thanking... France and its Force Serval. Audio here, Minute 27:52.  
  Ladsous said, referring to criticism of him and his mission by Mali's president and others at the signing ceremony the day before, "Did I hear a single word of thanks for France and its Operation Serval? No." (Translation by Free UN Coalition for Access.)
   In this use of his UN post to serve France, for which he was a (most undiplomatic) diplomat for decades, this is similar to Ladsous' much worse intervention into the process of the UN Office of High Commissioner for Human Rights in trying to get fired OHCHR whistleblower Anders Kompass, who exposed reports of French Sangaris Force soldiers raping children.
  This appears in the UN Dispute Tribunal rulingreinstating Kompass, at Paragraph 9. It was not contested by OHCHR.  Ladsous, breaking with his striking refusal to answer Press questions, told Inner City Press, "I deny that." Video here.
 But Ladsous has not explained or answered what he is denying: getting involved in l'affaire Kompass at all, or just the wording? Ladsous was not asked this question in Bamako. 
 On May 18, Inner City Press asked the UN's deputy spokesperson Farhan Haq who Ladsous was speaking for:
Inner City Press: Mr. [Hervé] Ladsous of DPKO held a press conference in Bamako over the weekend.  There was some criticism, by actually the President of Mali, of the mission.  But, I wanted to ask specifically, in his press conference, he said that he sort of chided, he said:  Was there even a word of thanks for its operation in Sangaris?  No.  Isn't that curious?  And I wanted to know, in what capacity was he saying that?  Is the UN?  Does the UN have a position on Malians not being sufficiently grateful to France or was he speaking in some other capacity?

Deputy Spokesman:  I don't have any real comment.  I would just refer you to the text of his statements.  And if you have anything further, you can ask our colleagues in peacekeeping.
  Later on May 18, a well placed African Permanent Representative said "Ladsous should resign."
 On May 10, two UN Peacekeepers were wounded in Mopti in Mali, see below.

 Now Ladsous is under fire for appearing in a UN Dispute Tribunal ruling as urging the firing of the whistleblower who exposed rapes by French soldiers in the Central African Republic. Ladsous denied it - to Inner City Press - but the Office of the High Commissioner for Human Rights did not dispute it. Accountability?
 On May 10 "around 1 pm, the forces of MINUSMA on patrols hit a mine or an improvised explosive device 25 kilometers from Tenenkou, in the region of Mopti,” MISUMSA said in a statement.
  “Two blue helmets were seriously injured by the explosion and their evacuation to the MINUSMA hospital in Timbuktu was underway, MINUSMA said.
   “The head of MINUSMA Mongi Hamdi strongly the attack against the peacekeepers and emphasized that MINUSMA remains more determined than ever to implement its mandate in support of Mali and its people.”
 On May 8, the UN announced what the Press already knew, that Mbaranga Gasarabwe, a Rwandan national, is moving from the Department of Safety and Security in New York to become Hamdi's deputy in Mali. We wish her well.
Tellingly, Ladsous refused an invitation to attend a "protection of civilians" high level event in Rwanda in May, click here for that scoop.
 Back on April 27 the MINUSMA mission issued a statement that the Platforme group attacked the town of Manaka, loosely translated by Inner City Press below. But how does UN Peacekeeping killing civilians, then its boss refusing to answer or even take questions about it, impact the UN's credibility?
 Here is our loose translation of the MINUSMA press release of April 27:
SRSG Mongi Hamdi called for the armed groups to immediately cease hostilities and return to their positions. “This resurgence of tension puts in jeopardy all efforts to restore durable peace in Mali,” Hamdi said. MINUSMA said that on Monday near noon the mission learned of an attack launched by the MAA-Platform and GATIA groups on the town of Menaka, held by elements of the Coordination of Movement of Azawad (CMA). MINUSMA said it deployed helicopters to evaluate the situation.
Hamdi went to Nouakchott on April 26 to meet the representatives of the CMA, who reaffirmed their adherence to the peace process under way, and confirmed their intention to initial the agreement.
Two months of intense negotiations involving all of the parties with a view to put an end to the Malian crisis could be threatened. These actions are a grave violation of the ceasefire accords reiterated in the declaration of February 19, 2105,” Hamdi said in his statement.
Hamdi also cited the UN Security Council's statement of February 6 which threatened the imposition of targeted sanctions on anyone who returned to hostilities and violated the ceasefire.
I therefore appeal for calm and reason for the benefit of all Malians. The only solution to this crisis is through the route of dialogue. I remain convinced that all the parties will show wisdom and reason and sign this historic peace agreement,” Hamdi said.
  Here's what Inner City Press asked the UN about Darfur on April 27:
Inner City Press: on Darfur, I saw the clarification put out by UNAMID [African Union-United Nations Hybrid Operation in Darfur], but the Government of Sudan is saying that the UNAMID peacekeepers killed seven civilians, and I wonder, what… beyond just UNAMID putting out a press release, some of which in the past have been press releases that the UN has ultimately walked away from, is there an intention to do the type of report that was done in Mali when people were killed or in Haiti when people… when people were shot at?

Deputy Spokesman Frahan haq:  On that, I actually expect that we will have a statement from the Spokesman for the Secretary-General responding to the latest events in Darfur.  So, I'll wait until… until we get that.

Inner City Press:  But, is the protocol if a Member State alleges that UN peacekeepers have killed civilians to do such a report, or is there no such protocol?

Deputy Spokesman:  Like I said… first of all, I… as you know, you're aware of the press release from UNAMID, which is their clarification of the situation, and then beyond that, we do expect to have a statement attributable to the Spokesperson.
  But when the statement came it did not even mention the government's allegations. Khartoum's credibility may be low - but what about Ladsous'? We'll have more on this.


 
  

Friday, April 10, 2015

On Haiti, As Ban Ki-moon Returns Cholera Court Papers as UNdeliverable, His Spokesman Says UN Mail UNknown


By Matthew Russell Lee

UNITED NATIONS, April 10 -- After UN Secretary General Ban Ki-moon dodged legal papers for the UN bringing cholera to Haiti, now he has gone one step further.

 On April 8 the US Court of Appeals for the Second Circuit announced that court papers sent to Ban were returned as "undeliverable"

"UNDELIVERABLE MAIL, Appellants' so-ordered scheduling notification sent to Appellee Ban Ki-moon, to USCA from USPS, RECEIVED.[1479766] [15-455]"

 On April 10 Inner City Press asked Ban's spokesman Stephane Dujarric about the scofflaw behavior. Dujarric said the UN mail system is "unknown to me." Video here, from Minute 0:55. But the UN doesn't even open its mail? This is a new low.

   Inner City Press previously covered the UN mail room accepting delivery of cocaine, here. So it takes some effort for the UN to refuse delivery of mail.

 But that's how important impunity is to the UN in this case. So too UN Peacekeeping chief Herve Ladsous' withholding of MINUSTAH's report on shooting at unarmed protesters in Haiti.

 A report on similar shooting by Ladsous' "peacekeepers" in Mali was at least publicly summarized last week - even though Ladsous refused Press questions about Haiti and Mail, Video hereVine here. This is contempt for Haiti. Watch this site.

  the UN Security Council held its semi-annual debate on Haiti, with 28 speakers, on March 18, Inner City Press  asked UN envoy Sandra Honore to explain paragraph 11 of her speech, in which she said:

"The radical opposition has continued to criticize the recent political breakthrough and has not desisted from organizing anti-Government demonstrations, calling for the resignation of President Martelly and capitalizing on socio-economic grievances such as the recent general strikes over fuel prices and teachers' salaries."

 Isn't it Haitians' right, to protest? Such protests elsewhere, against other leaders, are lionized. So what had Honore meant?

 She insisted it wasn't pejorative. Video here.  Inner City Press also asked about the spike in cholera cases, and to comment on if the UN denying and evading responsibility for bringing the disease harmed the UN's "legitimacy and moral standing."

 Honore cited a particular water source, and said cholera in Haiti has not impaired the UN's work around the world. Really? Video here.

 Honore's speech did not mention the UN mission MINUSTAH shooting at demonstrators. On March 17, Inner City Press asked the UN:

Inner City Press: on what you said about the reports becoming public, one suddenly came back to mind is the report from MINUSTAH on the shooting of demonstrators.  I know it's been said a number of times it was being finalized.  It happened in December and it's now March.  Is that released?  When is that report going to be released?

Deputy Spokesman Haq:  We'll let you know once it can be… once it has been finalized for release.  But, at this stage, I believe what Stéphane has already said about this remains the case, that the person involved in this was suspended from duty.

 Honore on March 18 said MINUSTAH's report is finished and is "with" DPKO. We'll have more on this.

 
  

Thursday, April 9, 2015

On Haiti, Ban Ki-moon Returns 2d Circuit Papers as UNdeliverable, Ladsous Refuses Inner City Press Question on His Peacekeepers Shooting Demonstrators


By Matthew Russell Lee
UNITED NATIONS, April 9 -- After UN Secretary General Ban Ki-moon dodged legal papers for the UN bringing cholera to Haiti, now he has gone one step further.

 On April 8 the US Court of Appeals for the Second Circuit announced that court papers sent to Ban were returned as "undeliverable."

   Inner City Press previously covered the UN mail room accepting delivery of cocaine, here. So it takes some effort for the UN to refuse delivery of mail.

 But that's how important impunity is to the UN in this case. So too UN Peacekeeping chief Herve Ladsous' withholding of MINUSTAH's report on shooting at unarmed protesters in Haiti.

 A report on similar shooting by Ladsous' "peacekeepers" in Mali was at least publicly summarized last week - even though Ladsous refused Press questions about Haiti and Mail, Video hereVine here. This is contempt for Haiti. Watch this site.

  the UN Security Council held its semi-annual debate on Haiti, with 28 speakers, on March 18, Inner City Press  asked UN envoy Sandra Honore to explain paragraph 11 of her speech, in which she said:

"The radical opposition has continued to criticize the recent political breakthrough and has not desisted from organizing anti-Government demonstrations, calling for the resignation of President Martelly and capitalizing on socio-economic grievances such as the recent general strikes over fuel prices and teachers' salaries."

 Isn't it Haitians' right, to protest? Such protests elsewhere, against other leaders, are lionized. So what had Honore meant?

 She insisted it wasn't pejorative. Video here.  Inner City Press also asked about the spike in cholera cases, and to comment on if the UN denying and evading responsibility for bringing the disease harmed the UN's "legitimacy and moral standing."

 Honore cited a particular water source, and said cholera in Haiti has not impaired the UN's work around the world. Really? Video here.

 Honore's speech did not mention the UN mission MINUSTAH shooting at demonstrators. On March 17, Inner City Press asked the UN:

Inner City Press: on what you said about the reports becoming public, one suddenly came back to mind is the report from MINUSTAH on the shooting of demonstrators.  I know it's been said a number of times it was being finalized.  It happened in December and it's now March.  Is that released?  When is that report going to be released?

Deputy Spokesman Haq:  We'll let you know once it can be… once it has been finalized for release.  But, at this stage, I believe what Stéphane has already said about this remains the case, that the person involved in this was suspended from duty.

 Honore on March 18 said MINUSTAH's report is finished and is "with" DPKO. We'll have more on this.