After UNOPS Terminates David Bax For Buying Anti-Aircraft Gun in Somalia, UN Cagey to Inner City Press

By Matthew Russell Lee, Exclusive series

UNITED NATIONS, August 10 -- Two months after Inner City Press asked UN envoy to Somalia Nicholas Kay about the UN Office of Project Services report(s) on UN figure David Bax on which it has exclusively reported, this time that Bax while in Somalia purchased an anti-aircraft gun SA-7 (video here), Inner City Press was told by sources on August 7 that Bax has been terminated for "unauthorized purchase of a weapon."

 Given how this makes the UN system look, Inner City Press thought the UN spokesman, Stephane Dujarric, would at least confirm, or try to deny, this report and provide the UN's perspective. Instead, when Inner City Press asked, Dujarric repeated said to "ask UNOPS."  So Inner City Press:

"At today's UN noon briefing I asked the spokesman to confirm or deny that Mr Bax's contract has been terminated / is over, and that there has been a finding on the alleged purchase of a weapon in Somalia. I was told to 'ask UNOPS' and was later by the Spokesperson's Office provided with your email as UNOPS' spokesperson. The above question is on deadline, thanks."

   Now on August 10, this:

"Mr Lee, Thank you for your message. There have been allegations of misconduct against members of personnel on UNOPS contracts in connection with projects in Somalia over recent years. UNOPS takes such allegations seriously. We have systems and process in place to manage investigations of such incidents.

As a rule, we do not divulge names of subjects of investigations, nor do we make investigation reports public. The reason for that is simply that personnel who are subjects of investigations or interviewed in connection with them should be able to expect full confidentiality.

In this case, the investigation has been completed. We can confirm that the person concerned is no longer an employee of UNOPS.

Jon Lidén | Director | Communications Practice Group | Copenhagen, Denmark | UNOPS"

  The investigation is completed, and Bax is no longer an employee of UNOPS. It shouldn't have to be asked, but given the many (intentional) loopholes in the UN's "zero tolerance" policies, could Bax re-appear, as a directly UN Mine Action Service staffer or otherwise?

 From the UN's August 7 transcript:

Inner City Press: one is about UNMAS.  David Bax who used to be the Somalia guy for UNMAS and was moved to Gaza for demining, I wanted to ask you straight up, I’ve heard that UNOPS after this investigation has decided to terminate his contract based on a finding of improper purchase of weaponry, which would be an anti-aircraft gun.  Given the imperative of the UN personnel not being perceived as buying anti-aircraft guns, will you… can you confirm it now or will you today confirm it or not?

Spokesman Dujarric:  I can’t confirm.  The gentleman you mentioned worked for, was contracted for by UNOPS.  I would encourage you to talk to them.

Inner City Press:  I’ve heard there is a communication from UNOPS to UNMAS since all the work that he did was for UNMAS?

Spokesman Dujarric:  That I understand, but his contract was with UNOPS... I can’t speak for them... I’m the Spokesman for the Secretary-General and not the UN system.  I do amplify the message from the UN system and I’m always happy to get a promotion, but I’m not sure I can shoulder that responsibility.  I will find you a press contact in UNOPS in Copenhagen.  We can both go there.

  Meanwhile a senior UN official has told Inner City Press it was internally disclosed that Bax contract was over. Others say the finding include "abuse of authority, sexual harrasment as well as unauthorized purchase of weaponry." This is something on which the UN system, whether UNOPS or UN Mine Action Service with which Bax worked not only in Somalia but also Gaza, should speak. Watch this site.

   Back on June 8, after Inner City Press asked about Bax, Kay was handed a piece of paper and read out that this allegation is under investigation and therefore he can have no comment at this time.

  Inner City Press replied it has heard the UNOPS report is finished, and asked in any event if it or a summary will be made public. Kay said what he had read was all he could say.

 Inner City Press also asked Somalia's prime minister and Maman Sidikou, Special Representative of the Chairperson of the AU Commission for Somalia about the geographic scope of the AMISOM mission, including in Somaliland and Puntland (there was no answer on either) and about US stated plans to send an ambassador. Watch this site.

  When the UN Mine Action Service held its annual press conference on April 1, Inner City Press wanted to ask UNMAS Director Agnes Marcaillou about landines in South Sudan and UNMAS' promotion of multiply-accused deminer David Bax from Somalia to Gaza.

  But also at the press conference were Japan's Deputy Permanent Representative and the Dutch Permanent Representative Karel van Oosterom, who it was said had to leave early, to meet with Secretary General Ban Ki-moon.

  So Inner City Press first asked van Oosterom if Dutch Queen Maxine, in Myanmar, would be raising the landmine issues in that country.

   No,  van Oosterom said, the Queen is in Myanmar in her capacity as UN Special Advocate for Inclusive Finance for Development. But he (and UNMAS' Marcaillou) assured that she and other Dutch official raise the landmine issue wherever they go.

  Later, Inner City Press asked Marcaillou about the reported use of landmines in South Sudan and about the disposition of the investigation(s) into David Bax, who whistleblowers in Somalia alleged shared DNA information about Somalia bombers with US intelligence, as well as engaging in conflicts of interest. (Video and background here.)

   Marcaillou spoke passionately about South Sudan, where UNMAS found cluster bombs were used but could not find by whom. She said UNMAS coordinated a statement on the landline allegation, by IGAD with the UN Mission UNMISS. Later she said that UNMAS dogs were used to check if explosives were being brought into UNMISS protection of civilians site.

Photo: @UNMAS Marcaillou & Japan DPR still here, @FUNCA_info has Qs on #SouthSudan, #Somalia / #Gaza pic.twitter.com/4hBNC0eb9A
— Inner City Press (@innercitypress) April 1, 2015

  On Bax, the answer was less convincing.  Marcaillou as she did last year pointed to an investigation by the UN Office of Project Services - but this time acknowledged that she had not seen the whole UNOPS report.

This is the case even though Bax is a UNMAS employee - it's that UNMAS outsources its human resources activities to UNOPS. But shouldn't Marcaillou as UNMAS director have access to investigative reports about UNMAS staffers? We'll have more on this.

Footnote: After the briefing, Inner City Press mused whether the Netherlands, running for one of two Western European and Other Group seats on the UN Security Council against Italy and Sweden, would be upping its contributions to UNMAS.

    Karel van Oosterom replied that “currently, tender process under way for for years 2016-20. Share UNMAS will depend on quality its proposals.”

  This level of detail is appreciated. And wouldn't one think that assessment would include UNMAS' transparency, including whether it demands and gets access to investigative reports about UNMAS staff like Bax and the issues raised? We'll have more on this.

 Follow @innercitypress Follow @FUNCA_info

Inner City Press Asks UN OCHA's O'Brien of Alleged Rape of Aid Worker in Bentiu, South Sunda, He Says Should Be Looked Into

By Matthew Russell Lee

UNITED NATIONS, July 27 -- When peacekeepers from France allegedly raped children in the Central African Republic and the UN learned about it a year ago, the UN and UNICEF did nothing, until UN Peacekeeping chief Herve Ladsous asked to fire the whistleblower in March of this year.  Inner City Press asked UNICEF about its role, here.

Now after BuzzFeed's Jina Moore has documented that when an aid worker was allegedly raped inside the UN's Bentiu "Protection of Civilians" site in South Sudan, the UN system did little to nothing -- until on July 27, in transcribing its answer to Inner City Press' questions, the UN added in a parenthetical that Nobert did not work for the UN.

  Still, shouldn't the UN provide some protection and accountability for aid workers in the employ of non-governmental organizations funded by the UN system, particularly inside UN "protection" camps like that in Bentiu?

 On July 28, Inner City Press asked the UN's top humanitarian, Emergency Relief Coodinator Stephen O'Brien, about the case. Video here. O'Brien said he had recently been in the Bentiu camp but, not speaking specifically of the case he said he did not know, to his credit he said that facts should be looked into and investigated. But will they be?

  Minutes later Inner City Press asked UN spokesman Stephane Dujarric why such an investigation was not done in this case -- did it turn on the fact that the alleged victim did not work for the UN system but for a UN fundee? Video here.

   The UN to its July 27 transcript added, "[The Spokesman later clarified that Ms. Nobert did not work directly for the UN. She was employed by an NGO doing contract work for a UN agency.]" Compare to actual briefing, video here.

  She worked for Nonviolent Peaceforce, which received a $1 million grant from UNICEF for child protection in South Sudan, click here for that.

  Not only did UN spokesman Dujarric refuse to identify UNICEF, run by former US government official Anthony Lake, as the UN agency which did not act on the alleged rape, except to provide "contact information" of the contractor -- UNICEF, which was in charge of the bore hole drilling in which the alleged rapist was engaged, has not directly responded on the scandal.

   Nonviolent Peaceforce, meanwhile, has simply published anadvertisement for a(nother) "Senior Programme Manager, Nonviolent Peaceforce, South Sudan," here.

  The alleged rapist, named as Amed Asmail, seems to also be called Ahmad Ismail, whose Facebook page here pictures him playing music,listing in his bio working with "South Sudan -Life For Construction."

 Inner City Press on July 27 asked UN Spokesman Stephane Dujarric what accountability there is when UN agency personnel themselves are raped. Video here, and embedded below.

  Dujarric began by calling it a horrendous act - then said that what the UN system did was give the victim the contact information of the contractor. But, Inner City Press asked, since Sudan-based Life for Construction has let the alleged rapist Amed Asmail's contract expire, how will this "contact information" help the victim?

  Dujarric declined to even identify the agency, which used public funds to contract for water bore holes for the Bentiu camp; when Inner City Press asked if it was UNICEF or IOM, he cut the question off. Video here.

  What we can report is that UNICEF, nearly always in charge of the water cluster for the UN system, said on its website in April 2014, here, that UNICEF

"has maintained staff in Bentiu and is rapidly responding to the urgent needs, drilling new boreholes for water, and today flying in parts for the construction of new latrines. However, UNICEF said it remains hindered by a lack of funding and access."

  UNICEF also sat on reports of the sexual abuse of children in Central African Republic; we'll have more on this.


For now, here's this, and now UN's transcript of briefing - a [parenthetical] was later added, highlighted below in bold:

Question:  Sure.  Questions on Burundi but I wanted to ask you something, you may have anticipated coming.  It was a story which was on Friday on BuzzFeed, quite detailed, about an aid worker in the UNMISS camp (United Nations Mission in South Sudan) in Bentiu, who alleges that she was raped by a UN vendor or contractor working for Life For Construction.  Basically the gist of the article is that the UN did absolutely nothing and OIOS (Office of Internal Oversight Services) said they could not investigate and there are no recording or reports of sexual abuse or exploitation by vendors anywhere in the UN, DPKO (Department of Peacekeeping Operations) or other systems.  So I wanted to know, what is your response to it?  What does the UN owe people in its protection of civilian camps if they are raped there, and why was nothing done in this case?

     Spokesman:  Well, I think this was clearly a horrendous act and I think people who work, aid workers, humanitarian workers, who work within UN camps are owed the best possible protection, that's clear.  In this particular case, the agency for which Ms. Nobert worked is greatly concerned for the well-being and safety and security of all those working with it to deliver humanitarian assistance anywhere in the world and it took these particular allegations very seriously.  [The Spokesman later clarified that Ms. Nobert did not work directly for the UN. She was employed by an NGO doing contract work for a UN agency.] When it became clear that the person accused of the attack on Ms. Nobert was, in fact, an employee of a company hired to undertake work for the agency and not an UN staff member, the agency concluded it was not a position to conduct an investigation into the alleged actions of that person itself.  All of the agencies private contractors are aware of the high standard of conduct the agency accepts from their staff and the agency gave Ms. Nobert the contact details of the employer of the person accused of attacking her, so that she could take her complaint directly to the company.  The agency also instructed the company to remove the individual immediately from any project involving the agency.  

However, given the highly sensitive nature of the allegations, the agency had to respect both the need for Ms. Nobert to raise her very serious complaint with those who can take actions and the rights of the accused person for due process.  It therefore did not share the specific nature of the complaint with the contractor, allowing Ms. Nobert to decide on how and when she wanted to do that.

The agency concerned believes that in this complex circumstance it did the best it could to support Ms. Nobert, to take her complaint forward.  I think it's clear that, in any of these cases, we also need to take a look how we responded and how we can do better in responding to horrendous cases like this one.

     Question:  Thus seems to imply… obviously, Life for Construction, they have already terminated the individual, so there is no more relationship between them. So is there… what is the UN saying is the accountability mechanism for this alleged rape?  And, two, you keep saying the agency. Was the agency in charge of boring water holes in the Bentiu camp?  Was it UNICEF (United Nations Children’s Fund), was it IOM (International Organization for Migration)?  Which agency are you speaking of?

     Spokesman:  As the article makes clear, Ms. Nobert specifically requested the agencies she had contacts with shall not be named and we will respect her wishes.

     Question:  Who is in charge of boring the water holes?

     Spokesman:  That is what I have to share with you and, if I have, more I will share with you. 

See above - and InnerCityPress.com

   

At UN, “Zero Tolerance” Can't Be Demonstrated But Questions Are Limited to Diplomats As Dutch Start Run for UN Security Council Seat 2017-18

By Matthew Russell Lee

UNITED NATIONS, January 20 -- Amid generally self-congratulatory talk at the UN on January 20 Ameerah Haq, perhaps freed to speak by leaving her UN position, acknowledged that the UN “can't demonstrate” its stated zero tolerance policy for sexual abuse.

   Given the lack of punishment or even trials for some UNpersonnel allowed to flee countries like Haiti after being accused of rape, the statement seems obvious. But UN officials, chief among them UN Peacekeeping's Herve Ladsous, refuse to admit or even answer questions about it.

   So upon hearing Ameerah Haq's candor, Inner City Press ran down for the question and answer session. The event was in Conference Room 5, sponsored by the Netherlands, whose foreign minster (and former UN envoy to Cote d'Ivoire and Mali) Bert Koenders was on the panel, next to Ameerah Haq.

   When question time came, however, only the Permanent Representatives of countries were allowed to ask - or mostly just say - things. The United Arab Emirates noted how the UAE's foreign minister signed on for the UN's He4She campaign, for example; Koenders chimed in to call his colleague a leader.

   The context was that the Netherlands is running for a Security Council seat for 2017-2018. Koenders raised this earlier on January 20, speaking across First Avenue from the UN, noting his country's contribution to peacekeeping. (They carried out air strikes in Northern Mali, it seems, that very day.)

   As the already-beginning US electoral race to culminate in November 2016 shows, it is never to early to start campaigning. But we'd suggest that Koenders and the Netherlands, and other candidates, make sure to take a wider range of question than just from other Permanent Representatives going forward.

  Beyond running an accessible race, the only way the UN will improve on issues like sexual abuse is by moving beyond self congratulation and addressing its weaknesses and lack of accountability.

  And on Ameerah Haq's candor, and how this issue might be addressed in the ongoing review of UN Peace Operations, heading from Dhaka to Rio but hopefully hearing from elsewhere including Haiti, we'll have more. Watch this site.

   

UN Confirms to Inner City Press that Peacekeepers from Ukraine Had Congolese Army Uniforms, Now What?

By Matthew Russell Lee

UNITED NATIONS, December 2 -- After six Ukrainians with the UN Peacekeeping mission in the DR Congo were arrested for purchasing and possessing Congolese military uniforms. Inner City Press on November 28 put this question to the UN's top two spokesmen:

"please state what rules in place, or if none, will be put in place, regarding UN affiliated personnel purchasing or possession the military uniforms of countries in which they serve. Relatedly, please state the UN's final conclusion of its investigation into reports of Ukraine using UN-marked helicopters inside Ukraine itself.”

UN Deputy Spokesperson Farhan Haq did not answer either of these DRC / Ukraine questions in an e-mail on November 28. Nor at the December 1 noon briefing was any response provided.

  So on December 2, Inner City Press asked the question again, to Spokesman Stephane Dujarric: what ARE the UN's policies? He said he had asked the MONUSCO mission but received no answer.

  Two hours later, the UN sent this to Inner City Press:

"MONUSCO is aware of this incident, and we can confirm the detention of the six Ukrainian crew. MONUSCO is giving, and will give, full cooperation to the authorities to clarify what has really happened.

"An investigation has begun to assess every detail of this incident and establish the facts and draw conclusion. If anyone is found guilty, in line with UN rules and regulations sanctions, will be taken and applied. MONUSCO is calling for calm and to let the inquiry be finalized. MONUSCO has a zero tolerance for misconduct."

 While the response is appreciated, it does not say what UN Peacekeeping's rules are. And there is dispute whether MONUSCO, and UN Peacekeeping generally, has zero tolerance for misconduct -- as simply one example, personnel from UN Peacekeeping in Haiti fled to Canada are being charged with sexual abuse, and more than a year later the UN can't or won't say if any discipline was every imposed. Will they in this case? Watch this site.

On November 28, Haq did reply to Inner City Press on another question, “Regarding the South Sudan helicopter, the Board of Inquiry has finished its investigation and is currently in the process of preparing its report.” 

The Congo mission, like the one in South Sudan, is run by Herve Ladsous, the fourth Frenchman in a row atop UN Peacekeeping. Tellingly, despite Inner City Press on November 28 asking for the third time for the UN to confirm receipt by Ladsous of a protest letter from Darfuri group, Haq dodged the question by repeating that the UNAMID mission, which already on November 9 said residents of Tabit in Darfur get along well with the military, is still trying to re-investigate. 

  There was still been no confirmation of receipt, despite the repeated public questions. We'll have more on this.

Here were other questions Inner City Press asked on November 28:

In Haiti, MSF says more than 3,000 people with cholera symptoms have required emergency treatment in Port-au-Prince since mid-October, calling this as “exponential” increase. What is the UN's response, including specifically on allegations it is responsible for cholera in Haiti. And, please provide a read-out of Mr. Medrano's meeting this week with the DSG, or an on the record statement why no read-out is provided.

In Mali, please explain what provisions, including for discipline, are in place concerning 38 MINUSMA peacekeepers abandoning their posts. Also, please state the UN's final conclusion of all investigations into allegations of sexual abuse by MINUSMA peacekeepers and any discipline meted out.

Also, please confirm or deny receipt of the Darfuri group's letter sent to the SG, USG Amos and USG Ladsous which I asked about it two noon briefings earlier this week, and state any UN response to it.

Finally, for transparency, please confirm or deny that UK PM Cameron nominated Andrew Lansley to replace Valerie Amos at OCHA when he spoke with the SG at the G20 in Brisbane, and confirm or deny that SG requested that at least two other (UK) candidates be nominated.

Here were UN deputy spokesperson Farhan Haq's responses:

Subject: Re: Press questions
From: Farhan Haq [at] un.org
Date: Fri, Nov 28, 2014
To: Matthew [dot] Lee [at] InnerCityPress [dot] com
Cc: Stephane Dujarric [at] un.org, FUNCA [at] funca.info

Hi, Matthew, Regarding the South Sudan helicopter, the Board of Inquiry has finished its investigation and is currently in the process of preparing its report.

Regarding a replacement for Valerie Amos, USG Amos has said that she will leave by the end of March. We are in the process of requesting nominations for a replacement from all Member States.

On Mali, MINUSMA is expected to come out with a press release shortly on the issue you indicated.

On Darfur, UNAMID continue with its efforts to gain access to Thabit, as the Secretary-General and the Security Council have called for.

On Haiti, it is not our standard practise to provide readouts of internal meetings, as in this case.

If we have anything to say on the other questions raised, we'll let you know in a separate email.--Farhan   

Watch this site.

Update: When the UN Spokesperson's Office closed four hours later, no further information was provided.
  

In Mali, Will UNSC Members Address Kidal Killings, Gang Rapes by UN Peacekeepers from Chad?

By Matthew Russell Lee

UNITED NATIONS, February 1 -- The UN's Mali mission has welcomed members of the Security Council in Bamako, with a flurry of tweets (UK, Lithuania, US) and statements like that of French Ambassador Gerard Araud. Not yet mentioned: the UNresolved charges of gang rape by the UN peacekeepers from Chad.

  If the UN's and Security Council's stated policies on sexual violence and conflict and "Zero Tolerance" mean anything, the issue will have to be addressed, and publicly, during the two day trip.

  Back on January 16 the UN Spokesperson's Office sent Inner City Press this response, which does not answer the question of accountability. But here it is, in full:

Subject: Your question on Mali
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Thu, Jan 16, 2014 at 3:23 PM
To: Matthew.Lee [at] innercitypress.com

In response to your question about the follow-up to the allegations of sexual assault by United Nations peacekeepers in MINUSMA in September 2013, we have received the following information:

The Department of Peacekeeping Operations officially notified the Government of Chad of these allegations in late September. The Government of Chad officially responded, saying that it would take responsibility for the investigations. The Government of Chad has further advised the Department of Peacekeeping Operations that it has completed the national investigation, and the United Nations awaits advice on the outcome of the investigations and follow-up accountability measures as appropriate.

  The UN is waiting for "advice" -- but will it ever make it public? How else can the UN's stated Human Rights Due Diligence Policy be assessed?

  On January 17, Inner City Press asked UN acting deputy spokesperson Farhan Haq about it. From the UN's transcript, video here and embedded below:

Inner City Press: On Mali, I wanted to thank you for this written answer you gave yesterday afternoon that Mali has said that its completed its investigation of the alleged rape in Mali by the Chadian troops. And it said that the UN awaits advice on the outcome of the investigation. And what I wanted to know is whether… what part of that is going to be made public, given both the human rights due diligence policy, etcetera? I appreciate you saying that the investigation is finished, but, has… did they clear the soldiers? Were the soldiers found guilty? Where does it stand?

Acting Deputy Spokesperson Haq: As we emailed to you, the Mission does await advice on the outcome of the proceedings. We know that there have been proceedings regarding the case. You know this is a case regarding sexual assault and so, we await further information from that. We’ll try to make public what we can of the information that we receive.

Inner City Press: So, they literally just told you that it’s complete, but…no indication on what was done? I guess I wonder when --

Acting Deputy Spokesperson: The information I have in the email that was sent to you is the information we have. If we have any further updates, we’ll share it with you at that point.

  Two weeks later, nothing. So what will members of the Security Council ask, find and make public?

  One of the UN's other too-few criticisms of military action in north Mail, the shooting into a crowd of protesters in Kidal on November 28, was disputed in the Security Council on January 16.

  In a statement prepared like a defense attorney, trying raise reasonable doubt, Mali's Permanent Representative Sekou Kasse said that the UN Mission MINUSMA elements closest to the shooting were 400 meters away, precluding them from "objective" testimony. 

  The argument made was one must wait for the ballistic analysis ordered by the Malian government itself. Will that be credible? Shouldn't the Council, or less "invested" Council members, inquire into this during the two day visit?

 Again, similarly, can statements by the French Mission to the UN, about military action in its former colony Mali and related topics, be believed? If so, does that require disbelieving the UN itself, whose reports are different?

  In the run-up to the UN Security Council's January 16 meeting on Mali, both France and the UN Mission MINUSMA filed reports. It's worth comparing their accounts of the same incidents, for example on October 23, 2013 in Tessalit.

France gave a Polyanna report emphasizing its good works and downplaying death:

"On 23 October 2013, in response to an attack on a Chadian post in Tessalit by a commando made up of three armed terrorist groups using a vehicle-borne improvised explosive device, the Operation Serval Liaison and Support Detachment assigned to the Chadian battalion assisted MINUSMA by conducting a patrol with a Mirage 2000D jet and sending a CASA 'Nurse' medical evacuation aircraft. The end result was that six wounded Chadians were evacuated and the remaining explosives were neutralized."

  The UN by contrast recounts seven deaths including five civilians (one child) and two peacekeepers:

"On 23 October, four individuals drove and detonated a vehicle-borne improvised explosive device into a MINUSMA checkpoint in Tessalit. Seven people were killed, including four adult civilians, a six-year-old boy and two MINUSMA peacekeepers."

  This type of disparities in reporting - misleading - would and should be delved into into during the two day Council trip. How and where will these disparities be explained?

  One might say, ask at the Security Council stakeout. But in mid January French Permanent Representative Gerard Araud used the stakeout to rail against publication of a New York Police Department document concerning a French diplomat -- contrasting with the case of Indian diplomat Khobragade -- an NYPD document on which Araud's French Mission to the UN had declined to comment, responding only with threats that publication would a "hostile act."

 While continuing to pursue that, particularly given developments in the Khobragade case, delving into the French report, and the roles of UN Peacekeeping, MINUSMA and their respective leadership(s), should be done - including by the Council during their two days "on the ground." Watch this site.