by John and Douglas Carey www.unweek.blogspot.com 

Contents of this issue: UN’s Holocaust Remembrance Day; Coping with space debris

On January 27, Deputy US Permanent Representative Rosemary Di Carlo spoke these words:

“The theme of this day of remembrance is particularly apt, and particularly painful. Usually, when we remember the Holocaust, we remember the adults who perished. After all, they had left some record of their lives. They had made some impression on the world. They had done things that could be remembered, and so they were remembered – by many, and above all, by the family members and friends who had escaped being devoured.

“The children were different. They never had a chance to leave their mark. They are so painful to remember because their futures, their lives, were stolen in their entirety. And, of course, their murder is of a particular kind, in that it lays absolutely bare the horror of the Holocaust. Whatever mad delusions the authors of the Holocaust had about Jews as the enemy, these could hardly apply to children. This was genocide, simply and completely.

“Perhaps this is why the diary of Anne Frank, when it was published in the 1950s, hit the world with such force, and continues to do so. In the summer of 1942, soon after she began keeping her diary and not long before she and her family went into hiding, Anne Frank wrote, “It seems to me that later on neither I nor anyone else will be interested in the musings of a thirteen-year-old schoolgirl.” This was one of the few times when this wise young girl was utterly wrong.

“Anne Frank left us an account of something that is rarely set down: a child’s innocent life as faithfully recorded by herself. She made the abstract real, and made our loss concrete. She helped us never to forget.

“There are actually some, incredible as it always seems, who would deny that this Holocaust took place, or seek to minimize it as simply another episode in the long story of mankind’s crimes. But evidence matters. There is more than enough of it. And it lasts. We will fight denial for as long as it takes. We will fight it for the sake of all those children who perished.

“For those children did survive the horror, and went on to enrich our societies. Many went to Israel and to the United States. Between 1945 and 1952, more than 80,000 survivors moved to the United States. Some came later. Many have taken prominent positions that promote a better society, justice, respect for human rights, freedom of religion— people like Dr. Ruth Westheimer, and Rabbi Arthur Schneier. I would like to pay tribute to them and the other survivors who are here today. It is an honor to be in your presence, and to represent the United States in commemorating all the children who were lost. Elie Wiesel once said: “memory has become the sacred duty of all people of goodwill.” On this day of remembrance, the United States stands with all those who pledge never to forget.

Coping with space debris.

          A Secretariat note, A/AC.105/C.1/101, on national research on space debris, safety of space objects with nuclear power sources on board and problems relating to their collision with space debris, cited the website of the UN Office for Outer Space Affairs, www.unoosa.org, where a Japanese “Report on space debris-related activities in Japan” will be made available.

          On page 5 of the note, the following from Japan’s report appears under a heading of Investigation of impact damage: “Historically, debris impact damages have been investigated for manned systems to confirm the impact of debris of several millimetres in size. However, since a usual satellite tends to be damaged even by debris smaller than 1 mm, additional data are needed. Debris impact damages of satellites are investigated by hypervelocity impact experiments, and then damage-limit equations are developed. As the impact experiment can hardly cover speeds higher than 10 km per second, numerical simulation is essential to verify the effects caused by velocities of 10 km per second or higher.” Ten km per second equals 36,000 km per hour according to my math.

          The Secretariat note at page 6 quotes a Swiss report as follows “The population of space debris has increased drastically in recent years through explosions of deactivated satellites and collisions. The situation is particularly critical in the low-Earth orbit (LEO). Long-term predictions show a risk of a self-feeding collision cascading effect, called Kessler syndrome, if no measures are taken. * * *

          “Given the critical situation described above, accurate observation and monitoring of space debris are also crucial. * * * In 2010 a study to find small debris in the region of the navigation satellite constellations was conducted. That study was the first of its kind in that orbit region. The results show no indication of a breakup of a larger object in the current navigation satellite constellations.”

“As part of its commitment to meet its obligations under United Nations outer space treaties, the United Kingdom operates a statutory licensing scheme to permit the launch of its satellites and their operation in outer space. * * * The conformance of spacecraft and launch vehicles with United Nations debris mitigation guidelines and standards is an important consideration in the decision to grant a licence.”

So, if you already knew that the UN has space debris mitigation guidelines and standards, you can go to the head of the class.

by John and Douglas Carey www.unweek.blogspot.com 

Contents of this issue: Security Council due process; US proposals.        

Security Council due process.

In a lengthy presidential statement on the rule of law issued January 19^th, the Security Council clamed, inter alia, that it “remains committed to ensure that fair and clear procedures exist for placing individuals and entities on sanctions lists and for removing them, as well as for granting humanitarian exemptions.” S/PRST/2012/1. Let’s see just how committed the Council has been so far.

The UN High Commissioner for Human Rights has said, “I have repeatedly expressed my concern over the impact of the listing and delisting regime established by the Security Council, and of related national procedures for its implementation, on the human rights of those affected and their families.”

The High Commissioner added that, “The latest measure towards the improvement of the Security Council’s listing and de-listing procedure” was the 2009 adoption of a resolution establishing “an Office of the Ombudsperson to receive requests from individuals and entities seeking removal from the Consolidated Lost.”

But on November 30, 2011, two Security Council committees adopted rules that have serious due process shortcomings. The Al-Qaida Sanctions Committee, created by resolution 1267 in 1999, amended its Guidelines regarding de-listing. Press release 10491. And the newer Taliban Commit-tee, created last year by resolution 1988, adopted initial Guidelines. Press release SC/10492.

While both sets of rules now provide for targets to be heard in an effort to be de-listed, they do not allow them any opportunity to defend themselves at earlier stages when alleged connections with Al-Qaida or the Taliban are being considered by the relevant committee. Thus the harm that may result from sanctions cannot be prevented by actions of targets until it has already been inflicted. Punishing first and only later finding out if it was justified is not due process.

US proposals.     

Here are some excerpts from an official US summary of recent US accomplishments and recommendations for the UN:

 “Why Reform Matters: The United States has led at the UN since its creation because a strong, effective UN is among the best tools we have to tackle the world’s most pressing challenges. The UN works to prevent conflict and keep peace, to prevent the spread of nuclear weapons and to isolate terrorists, criminals and despots. The UN goes where nobody else will to provide desperately needed humanitarian and development assistance to the world’s neediest people; and promotes universal values that Americans cherish, including human rights, democracy, and equality. The UN shares the burdens of global security among all nations, rather than leaving the United States to manage them alone. * * *

“Bring discipline and restraint to UN budgets: The UN’s Regular Budget has nearly doubled over the last decade. Some—but not all—of the increase has been due to expanded UN responsibilities (in, for example, Iraq and Afghanistan) and from other tasks that the United States has asked of the Organization. But growth must be rooted in real world needs and constrained by real world realities. The recently-approved 2012/13 budget – a five percent reduction, and one of only two UN budget reductions in 50 years – was a historic step. Over the next 18 months, UN budgets through 2015 will be adopted, and the United States will push to continue this trend toward sustained and structural fiscal discipline.

“Shrink the bureaucracy and right-size UN staff: The UN should implement measures widely used by member states (e.g., hiring freezes, reduction of positions through attrition) to right-size staffing levels by 2015. The UN should also reduce program redundancies and layers through initiatives that streamline or shed non-core functions and shrink outdated entities. In peacekeeping, the U.S. will continue to push the Global Field Support Strategy, a consolidation of operational and back-office support functions at global and regional service centers.

“Bring Private Sector Sensibility to the UN: There are few management challenges facing the UN that the global private sector and entrepreneurial governments and NGOs, North and South, have not grappled with. The UN should systematically introduce a culture of efficiency, productivity, and performance through measures such as seeking the expertise of international business leaders, greater use of outsourcing, professional recruitment for senior posts including from outside the system, and commissioning an independent study of compensation practices throughout the UN system.

“Deploy 21^st Century Information Technology: The ongoing overhaul of the UN’s information management system could improve performance while saving more than $100 million annually. The United States and our partners will continue to push the UN to ensure that the overhaul is implemented swiftly and within approved budgets, that staffing issues that have troubled the project are corrected, and that it reaps quantifiable savings for the UN and its member states.

“Reform the Budget Process: The UN budget-making process is too complex and opaque. Paradoxically, there is both too much information but too little useful information: readers of UN budget documents can find, for example, the precise number of policy papers to be issued by a given department, but cannot find the cost of employee benefits or utilities for that department. We will promote a UNs budgeting system that is streamlined, transparent, gives managers more flexibility while demanding more accountability, and provides the information necessary for real financial analysis and management. * * *

 “Accountability: A Cleaner UN. Taxpayers around the world deserve to know exactly how the money they send to the UN is spent and to have confidence that every dollar, euro or yen is handled honestly and well. The UN has made important advances in recent years, but much more remains to be done to strengthen oversight mechanisms, ethics enforcement, whistleblower protection, and transparency. The United States is working to:

“Strengthen Internal Oversight: We will work to strengthen, empower, and firmly institutionalize the UN Office of Internal Oversight Services (OIOS). With a respected new head of OIOS now on board, the UN should ensure that the office is fully-staffed; independent (able to conduct its business autonomously from the offices it polices); supported by a vigorous financial crimes unit; and have an investigatory writ that extends to UN funds and programs outside the UN Secretariat.

“Increase Transparency throughout the UN system: Open and accessible information for the public is the best way to ensure accountability, and a pillar of ongoing U.S. ‘UNTAI II’ reform efforts that aim to enhance transparency and accountability across the UN system. Though sustained intensive diplomacy in support of these efforts already has led to important reforms, it remains too difficult for the public, press and member states to access budget, financial and audit information, especially among the diverse UN funds and programs. Audits and reports by UN funds and programs should be online and available to the public; we applaud recent commitments toward this goal and will push for full implementation by the end of 2012. Meetings of the key budgetary and other committees should be webcast live. And there should be enhanced public financial disclosure by senior officials across the UN system.

“Encourage a Broader Global ‘UN Accountability Community’: The UN is a public enterprise whose agencies collectively spend more than $36 billion annually. Yet there is little systematic coverage of UN management workings by independent media, and too little sustained or integrated analysis of UN programs, policies and budgets by NGOs. Although there is a vibrant NGO sector at the UN, its participation is almost always around policy issues (such as human rights, development, or peacekeeping) and rarely around management practices such as budgeting or procurement. The network of independent entities analyzing UN practices should be wider, deeper, and more vigorous, an international network that examines and elevates UN management issues in the public discourse.

“Improve UN Procurement Processes: We will push for an acceleration of efforts to standardize procurement best practices across the UN system. The bid protest system now being tested should be strengthened and made permanent, and the UN should put in place a system-wide vendor sanctions procedure so that a vendor engaging in corrupt and fraudulent practices with one UN agency is barred from doing business with any UN agency.

“Open the Doors on UN Websites: UN websites provide much information about what the UN does, but much less user-friendly information about how it does it. It is far too difficult to access usable information about budgets, personnel, pay, audits and the like. Meanwhile, governments and NGOs around the world are reaching for unprecedented levels of public openness on their websites. At sites such as www.opendoor.ky.gov (Kentucky), www.recovery.gov (U.S.), and www.dfid.gov.uk, ordinary citizens can easily find detailed data on how public money is spent, how much employees are paid, and what contracts have been awarded. As the world’s preeminent international organization, the UN system should lead these efforts.

“Lead by Example: The United States will lead by establishing a new standard of openness around U.S. funding of the UN. Currently, it is too difficult for taxpayers and policymakers to track total U.S. funds to the UN and all UN program results supported by the United States; we will post on the website of the U.S. Mission to the UN a feature that will consolidate existing but hard-to-find data on U.S. funds going to the UN, from which agencies, and to which programs.

“Integrity: A Respected UN. As a founding member, host country, and largest contributor, the United States has a particular interest in seeing that the UN lives up to its founding principles and values and standing firm against actions by member states that discredit the UN and the important work it does. To this end, the United States is working to:

“Forge a New Coalition to Improve HRC Membership: The United States will work to forge a new coalition in New York, a kind of “credibility caucus” to promote truly competitive HRC elections, rigorous application of membership criteria, and other reforms aimed at keeping the worst human rights offenders off the HRC. It is time for those UN member states committed to human rights values to come together themselves to do what the General Assembly has not done in its review: hold Human Rights Council members to the same standard of truly “free and fair” elections that the UN promotes around the world, and insist on the highest standards of integrity for the Council and all its members.

“Require Criteria for Member States to Hold Leadership Positions: A related issue is the damage to the UN when a manifestly unsuited country assumes a leadership position, such as when North Korea assumed the rotating monthly chairmanship of the Conference on Disarmament. The United States will push a new common sense standard: any member state that is currently the subject of UN Security Council sanctions for proliferation or massive human rights violations should be ineligible to hold a leadership position in a UN body.

“End Peacekeeper Misconduct: UN Peacekeepers are sent into harm’s way to halt violence and protect civilians, and the vast majority perform admirably. But any incident of dereliction of duty or abuse of local populations is one too many. The UN must do more to implement its zero tolerance policy for sexual exploitation and abuse by UN peacekeepers and protection of the rights of women. Some reforms (including conduct and discipline teams for every unit) are underway, but the UN should deploy a truly system-wide database on misconduct to track abuses –with more consistent and transparent follow-up at the highest levels with member states — to ensure that those who commit abuses are held accountable and never again serve under the UN flag.

“Stop Discrimination Against Israel: One country in the world – Israel – is consistently singled out for unfair criticism and exclusion by member states abusing the UN system. The U.S. will continue fighting to end this persistent disparate treatment of Israel as a matter of the UN’s fundamental institutional integrity. For example, we have secured Israel’s inclusion in key negotiating groups, but Israel remains unfairly excluded from two key regional fora: the “JUSCANZ” group in the UN’s Third Committee in New York, and the “WEOG” group in Geneva. The US will continue to pursue full participation for Israel in all parts of the UN system.

“Fight for Fairness in the Fifth Committee: A disproportionate influence on UN budgets is exerted by countries that themselves do not pay most of the bills. This must change, and the General Assembly must be held to its 1986 commitment that budgets will be adopted by consensus. A budget adopted by a technical majority but over the objections of major contributors clearly does not meet that commitment. Working with like-minded member states, the US is exploring a variety of proposals for establishing fairer practices in the Fifth Committee, and will stand firm for the principle that legitimate assessments on member states only proceed from truly consensual budgetary decisions.

“Excellence: An Effective UN. Billions of people depend, many for their lives, on crucial UN services. They deserve a UN that delivers real results and that performs – from senior officials in New York to front-line implementers in African villages – to the highest standard of excellence. The United States is supporting initiatives to:

“Overhaul the Human Resources System to Reward Performance: The UN needs a more merit-based compensation system for its workforce. An opportunity for overhauling the personnel system will come up in 2012. The United States will push for an external review of UN human resources and practices, enforcement of new staff recruitment timelines, ending employee contracts for poor performance, and broader authority for managers to shift resources to where they are most needed.

“Deploy the Right People to the Right Place at the Right Time: Peacekeeping, barely imagined at the time of the UN’s founding, now comprises 15 missions and 120,000 personnel. An increasing number of humanitarian disasters every year strains the capacity of the UN’s response system. The need for electoral and constitutional assistance has surged after the “Arab Spring.” Yet deployment of expert staff to crises takes too long. Specific solutions have been proposed (e.g., the Civilian Capacity Review, an initiative similar to the Administration’s Civilian Response Corps, to ensure that relevant civilian experts can be deployed where needed on short notice) and the United States will press for key measures to be implemented.

“Unify Assistance and Program Delivery: A fragmented UN system creates confusion for the people it serves and overlap in the services it provides them: 16 separate UN agencies (and one peacekeeping mission), for example, currently operate in Liberia. And in many instances “integrated” operations are just a label on top of what remain disconnected activities. UN leadership should clarify divisions of labor among agencies, funds and programs in the field, and donors should ensure proper incentives to reduce redundant efforts and leverage comparative advantages without compromising humanitarian missions. The UN launched ‘Delivering as One’ on a pilot basis in 8 countries to bring some cohesion to this patchwork; pilot results should be rigorously evaluated, with lessons learned implemented broadly across the UN system.

“Trim Outdated ‘Mandates’: One roadblock to sharpening UN performance is the mountain of “mandates” – charges to perform certain activities – that the organization operates under. The total number of mandates approaches 10,000, many of which are obsolete and redundant. We will pursue requiring sunset clauses on mandates going forward, and using program evaluation mechanisms to tackle the problem.

“Create a Culture of Evaluation for Effectiveness: While UN programs are subject to regular assessments and reviews, a confusing an ad hoc evaluation regime has undercut the kind of focused, sustained attention needed to improve performance. ACABQ has called for increasing the percentage of evaluations that are external rather than internal, and better linkage of evaluation results to program planning. The United States will work on agency boards to shift the system’s focus from outputs to outcomes and link resources received to evidence of effectiveness.”

by John and Douglas Carey www.unweek.blogspot.com

Contents of this issue: ElBaradei and the IAEA.

“My conscience would not allow me to run for the presidency or any position without having a real democratic system that implements the real concepts of democracy, not only its framework,” said by Mohammed ElBaradei  on January 14^th.

His announcement brings to mind various images. I can see him sitting at a conference table in the classroom at New York University Law School where I was teaching an international law class. He was a serious student. That was long ago, when he was on the staff of the Egyptian Mission to the United Nations. He won a doctorate in law at NYU.

In more recent years, ElBaradei has distinguished himself as Director General of the International Atomic Agency, the IAEA. Just what that UN specialized agency is and does is not often discussed in detail. So let us do just that.

First, let’s look at the IAEA’s Mission Statement. It says that the IAEA “is an independent intergovernmental, science and technology-based organization, in the United Nations family, that serves as the global focal point for nuclear cooperation;

• assists its Member States, in the context of social and economic goals, in planning for and using nuclear science and technology for various peaceful purposes, including the generation of electricity, and facilitates the transfer of such technology and knowledge in a sustainable manner to developing Member States;
• develops nuclear safety standards and, based on these standards, promotes the achievement and maintenance of high levels of safety in applications of nuclear energy, as well as the protection of human health and the environment against ionizing radiation;
• verifies through its inspection system that States comply with their commitments, under the Non-Proliferation Treaty and other non-proliferation agreements, to use nuclear material and facilities only for peaceful purposes.”

The Statute of the IAEA was opened for signature in October 1956 and entered into force upon ratification by 18 states. Its seven authorized functions begin with this: “to encourage and assist research on, and development and practical application of, atomic energy for peaceful uses throughout the world; . . .”

Notably, the Agency is authorized: “5. To establish and administer safeguards designed to ensure that special fissionable material . . . made available by the Agency or at its request or under its supervision or control are not used in such a way as to further any military purpose and to apply safeguards, at the request of the parties, to any bilateral or multilateral arrangement, or at the request of a State, to any of that State’s activities in the field of atomic energy.”

“Special fissionable material” is defined as “plutonium-239, uranium-233, uranium enriched in the isotopes 235 or 233; any material containing one or more of the foregoing; and such other fissionable material as the Board of Governors shall from time to time determine; but the term ‘special fissionable material’ does not include source material.”

“The term ‘source material’ means uranium containing the mixture of isotopes occurring in nature; uranium depleted in the isotope 235; thorium; any of the foregoing in the form of metal, alloy, chemical compound, or concentrate; any other material containing one or more of the foregoing in such concentration as the Board of Governors shall from time to time determine; and such other material as the Board of Governors shall from time to time determine.”

Other provisions of the IAEA Statute provide for on-site inspections. This work requires expertise, and Article VII (C) requires that, “The staff shall include such qualified scientific and technical and other personnel  as may be required to fulfill the objectives and functions of the Agency.”

Needless to say, ElBaradei did not acquire knowledge of such scientific mysteries at NYU Law School. But a manager needs to have the ability to select and administer the work of personnel with skills unknown to him or her. And so it appears to have been with ElBaradei in his successful leadership of the IAEA.

Article VII (F) adds this important caution: “In the performance of their duties, the Director General and the staff shall not seek or receive instructions from any source external to the Agency.” A wise precaution.

ElBaradei hints in his announcement that he is not done with presidential politics, only deferring it until Egypt has constitutionally guaranteed freedom and democracy. I personally hope to see my former student try again.

For a quick way to sign up to action and to receive updates, click on the following links:

UNA-USA  (United Nations Association of the USA Take Action email page)

United Nations Association of New York 

Granito
How To Nail A Dictator

Followed by a post-screening discussion with the film’s director

Pamela Yates

Tuesday, January 17th

The horrors of Guatemala’s civil war defy rationalization. Death-count estimates, numbering at least 200,000 Maya people exterminated by the military, far outstrip those of the dictatorships of Fidel Castro and Augusto Pinochet. Part political thriller, part memoir, Granito takes us through a haunting tale of genocide and justice that spans four decades, two films, and filmmaker Pamela Yates’s own career.

Granito is a story of destinies joined together by Guatemala’s past and of how a documentary film from 1982, When the Mountains Tremble, emerges as an active player in the present by becoming forensic evidence in a genocide case against a military dictator. In an incredible twist of fate, Yates was allowed to shoot the only known footage of the army as it carried out the genocide. Twenty-five years later, this footage becomes evidence in an international war crimes case against the very army commander who permitted Yates to film. Irrevocably linked by the events of 1982, each of the film’s characters is integral to the country’s reconstruction of a collective memory, the search for truth, and the pursuit of justice. Through the work of American filmmakers, forensics experts in Guatemala, and lawyers in Spain, the quest for accountability in Guatemala continues-with each individual contributing his or her own “granito,” or tiny grain of sand to the epic tale. The film was one of the Official Selections of the 2011 Sundance Film Festival.

Screening begins promptly at 7:00 p.m. followed by the discussion

by John and Douglas Carey www.unweek.blogspot.com
Contents of this issue: A UN vocabulary game to raise food for the hungry; capital punishment in Saudi Arabia; mercenaries and private security companies in Iraq.

A UN vocabulary game to raise food for the hungry.

 Freerice.com, the online game that allows players to improve their vocabulary while fighting global hunger by making donations to the United Nations World Food Programme (WFP), crossed a milestone today as it reached one million registered players on January 5^th.

On Freerice.com, players face increasingly difficult vocabulary questions and for every correct answer, they earn 10 grains of rice, which is donated to WFP and paid for by sponsored banners on the site.

The online game also allows players to choose from 45,000 questions in various subjects, including flags of the world and literature, and in six languages – English, French, Italian, Spanish, Chinese and Korean.

The game reaches an estimated 1.3 million players per month and has raised almost 100 billion grains of rice, enough to feed five million people for a day in countries in need of food aid. Give it a try; it’s great fun.

Capital punishment in Saudi Arabia

The United Nations human rights office expressed alarm on January 6th at the significant increase in Saudi Arabia’s use of capital punishment in the past year. According to the Office of the High Commissioner for Human Rights (OHCHR), the number of executions in the country almost tripled last year compared with 2010.

“We call on the Kingdom of Saudi Arabia to respect international standards guaranteeing due process and the protection of the rights of those facing the death penalty, to progressively restrict the use of the death penalty and to reduce the number of offences for which it may be imposed,” OHCHR spokesperson Rupert Colville told reporters in Geneva.

“What is even more worrying is that court proceedings often reportedly fall far short of international fair trial standards, and the use of torture as a means to obtain confessions appears to be rampant,” Mr. Colville added. Saudi Arabia applies the death penalty for a wide range of offences, including the charge of sorcery and witchcraft, for which a woman was executed last month.

OHCHR also expressed grave concern at the recent sentencing of six men convicted on charges of highway robbery. The men were condemned to “cross amputation” – a form of punishment which involves the amputation of the men’s right hands and left feet.

“We call on the authorities to halt the use of such cruel, inhuman, degrading punishment,” Mr. Colville continued, noting that as a party to the Convention against Torture, Saudi Arabia is “bound by the absolute prohibition” against the use of torture and other forms of cruel punishment.

Last October, OHCHR voiced deep distress over the execution of 10 men who were publicly beheaded in the country’s capital, Riyadh, while underscoring that about 140 of the 193 UN Member States are now believed to have either abolished the death penalty or introduced a moratorium.

Mercenaries and private security companies in Iraq.

After eight years of occupation by Coalition forces, the security sector in Iraq faced a vacuum that opened the door to private military and security companies, said experts from the United Nations Working Group that monitors mercenaries and mercenary-related activities in July 2011.

A Working Group member named Gómez, who met with fellow experts Amada Benavides de Pérez (Colombia) and Alexander Nikitin (Russian Federation), said that with the departure of international forces, the number of military contractors would rise to an estimated 5,500. Many of them would be hired to protect the diplomatic corps, as well as the multinationals operating in the commercial sector.

In that context, the Working Group was recommending that the Iraqi Government finalize and adopt legislation to regulate the contractors’ conduct.  Indeed, Iraqi authorities were still operating under the guidelines for military contractors set up by the Coalition Provisional Authority.  While the immunity given to contractors by that framework had been withdrawn, Iraq’s Parliament had not yet instituted its own laws, which, Mr. Gómez suggested, should foster transparency and accountability.

He further noted that prosecutions in contractors’ home countries had not yet met with success, pointing, in that regard, to the case against contractors alleged to have killed 17 civilians in Nissour Square four years ago, which was still pending in United States courts.

Comparing the different approaches to private contractors in Iraq and Afghanistan, Mr. Nikitin stressed that the Afghan authorities had introduced a bold model to cut the quantity and functions of private military and security companies.  Iraq’s approach had been much slower, he said, noting that the lingering presence of the contractors after the decrease of the official military presence would create a new legal situation that underlined the need for an international instrument.

Mr. Gómez said that, owing to a gap in international law, a binding instrument was clearly needed.  While discussions were being held at the intergovernmental level in Geneva on a regulatory instrument, Western countries were not supporting that approach.  They were instead working for a self-regulatory instrument in which the companies would control themselves through a voluntary code of conduct.  In contrast, the Working Group was proposing a binding instrument on States that would include such elements as measures on licensing, the establishment of a national monitoring authority, options for criminal and civil proceedings and methods for providing justice and compensation for victims.

Mr. Nikitin clarified that the thrust of the Working Group’s efforts was not to push private military and security companies out of countries like Iraq and Afghanistan, but to draw a red line between allowable and prohibited activities.  He emphasized that international conventions were not directly applicable to companies, but to States.  In that vein, Mr. Gómez added that the instrument would propose a number of functions that States should not outsource under any circumstances, such as intelligence gathering.

Ms. Benavides pointed out that mercenaries were understood as individuals, while private military and security companies were legal entities operating under the framework of a contract, which was one reason why the International Convention against the Recruitment, Use, and Training of Mercenaries did not apply.  The Working Group’s intention in drafting the proposed convention was to hold the companies responsible for human rights violations when they used force on behalf of States.

Asked to compare the Group’s proposal to existing regulatory regimes, Mr. Nikitin pointed to the well-developed practices of regulating the export and import of arms, with 172 countries providing annual information on their arms sales and purchases.  That register might monitor the sale of a tank, while the instrument on military and security contractors would address the employment of a tank driver.  Among other things, the convention would establish a database of companies operating on the international market and require signatories to exchange information on their contracts with private companies.  He stressed that since private military and security companies traded in lethal skills, they should be regulated as strictly as the arms industry.

4th Annual Mid-Atlantic Regional Conference

2012 Year of Decision:

The UN in American Foreign Policy

Friday, February, 10 2012
United Nations Headquarters
North Lawn Building – Conference Room 1
Visitor’s Entrance to the UN, on First Avenue at 46th St., New York, NY 10017

Keynote Speaker: Jeffrey Sachs, Ph.D
Special Advisor to United Nations Secretary-General Ban Ki-moon
Director of The Earth Institute,  Quetelet Professor of Sustainable Development and Professor of Health Policy and Management at Columbia University

REGISTER HERE

UNA-USA and the Mid-Atlantic Region Division (New York and New Jersey) present Members’ Day at the UN/ Mid-Atlantic Regional Conference, Friday, February 10, 2012 from 9:00 a.m. to 5:00 p.m. at the United Nations in New York City.

This day provides an opportunity for UNA-USA members to attend special briefings and panel discussions regarding the most pressing issues on the UN’s agenda.  The event is a great benefit to members, as they gain full access to the UN and see the importance of their commitment, support and work toward a strong U.S.-UN relationship.

Conference attendees will have an opportunity to meet with high ranking UN officials and to engage in topical discussions with some of the most prominent foreign policy shapers of our time.  This year’s conference offers a unique preview into: Rio+20 (The UN Conference on Sustainable Development) before the conference in June; the evolution of UN Peacekeeping operations globally; a discussion of what comes after 2015 in relation to the MDGs; and the growing assertiveness of the Security Council in dealing with peace and security in the 21st century.

Guest speakers and panelists will shed light on the challenges and opportunities faced by Americans and the United Nations system in today’s increasingly interconnected world. More details to come!

The United Nations Association of New York

is pleased to open enrollment for 

The Worldview Institute Winter 2012

The Worldview Institute provides a forum within which New York professionals can engage and discuss global issues with experts in foreign policy and international affairs. Its program consists of ten seminar modules geared to develop and enhance the scope of the work and activities of young business executives at U.S. based multi-national corporations and young professionals within the NGO, United Nations, media, law, government, diplomatic and academic communities.

The Worldview semester is a corporate executive training program of the United Nations Association of New York. We are seeking the best and brightest young professionals between the ages of 25 and 40. Accordingly, applicants are required to have a bachelor’s degree and a minimum three years professional experience or relevant graduate work.

Seminar topics are designed to stimulate informal but academic discussions with practitioners in the international arena and to illuminate and explore business, political, economic and social trends in different regions of the world. Where appropriate, they also address the role of the UN within these contexts. Our Worldview discussions are led by distinguished lecturers including UN ambassadors, noted academics and leaders in global business. Some of the topics featured this season include:

Foreign Policy and the BRIC Contingency

US-Pakistan Relations and the End-Game in Afghanistan

The European Union

Does Diplomacy Have a Role in Fighting Terrorism?

Working Effectively With China

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by John and Douglas Carey www.unweek.blogspot.com

In this issue: 66^th General Assembly main session concludes; General Assembly President’s views on the session just ended; Security Council President on its December activities.

66^th General Assembly main session concludes.

The General Assembly closed its main session midday Saturday, December 24^th, with the adoption of a $5.15 billion United Nations budget for the 2012-2013 biennium and an unexpected intervention by Secretary-General Ban Ki-moon, who commended Member States for having risen to that challenge with “energy, creativity and an indispensable willingness to make the hard choices”.

In a “collective achievement”, United Nations Member States “found savings, while protecting the Organization’s ability to get the job done”, the Secretary-General said.  “We worked together and made history,” he declared, by approving a that was lower than the one for the previous biennium.

“All budgets are tough, but this year was particularly difficult, as Governments and peoples everywhere are struggling in this time of financial austerity,” he said, praising the “compact” between Member States and the United Nations Secretariat and all United Nations staff.  Today, member nations kept their promises — to each other and to the world’s people.  In turn, he gave his pledge, and he would instruct all his managers to do the same, to do more and better with less, to make the most of “our precious resources”.

He would ensure that Member States’ contributions, and all mandates given to the Secretariat, were fully and efficiently delivered and at a savings.  “You can count on my commitment,” he said, concluding with his best wishes for a “Merry Christmas and a very healthy and happy New Year” for all.

At the meeting, begun the afternoon of the 23d, and then suspended through the night to allow delegations more time for consultations, Assem-bly President Nassir Abdulaziz al-Nasser had commended the “robust and constructive engagement” he envisaged of all delegations in reaching consensus on a financial plan and taking action on a range of vital issues throughout the main part of the world body’s sixty-sixth session that began in September.

“The negotiation process on the biennium budget has been particularly challenging this year in the wake of global financial challenges,” he said, acknowledging the intense discussions leading up to the Assembly’s action.  He praised the Fifth Committee (Administrative and Budgetary) for “working tirelessly” to reach agreement on issues of critical importance to the Organization, including funding for special political missions, the International Criminal Tribunals for Rwanda and the former Yugoslavia, and law of the sea.

President Al-Nasser recalled that, in September, he had opened the session urging the Assembly to take concrete actions that would “define our place in this decisive moment in history”, when the world faced unprecedented environmental, economic and socio-political challenges and when people’s demands for good governance and prosperity were stronger and louder than ever before.  “I firmly believe that you rose to this challenge,” he declared, noting that the 193-nation Assembly had “acted in concert on many of the major issues of our time” and had, thus far, adopted some 300 resolutions and decisions.

Highlighting key events of the past few months, many of which had been driven by the popular uprisings that had swept North Africa and the Middle East, he said Member States had restored the legitimate representation of the Libyan people to the General Assembly and the Human Rights Council.

Turning to a troubling situation in the Middle East, he said the Assembly had expressed its concern regarding the ongoing developments in Syria with the adoption, on December 19th, of a resolution condemning the “grave and systematic human rights violations” being committed by the Syrian authorities. That text had called on Damascus to implement the League of Arab States’ Plan of Action in its entirety. “I hope that the killing and violence in Syria will immediately come to an end, in keeping with the calls of the international community,” he added.

He went on to say that the issue of Palestine had been particularly central to this General Assembly session, and he recalled the “historic development” when, on 23 September, Palestinian President Mahmoud Abbas had transmitted Palestine’s application for membership in the United Nations to the Secretary-General. “It is my conviction that the General Assembly should continue to work collectively for the attainment of a just and comprehensive negotiated peace settlement in the Middle East,” he said.

General Assembly President’s views on the session just ended.

Speaking at a year-end press conference, Nasser Abdulaziz al-Nasser outlined some of the achievements made over the first three months of his tenure, saying the Assembly had been active in galvanizing the necessary global partnership to assist the Governments and people in the Arab world during the “Arab Spring” — or what he termed the “Arab Awakening”.

“The General Assembly is increasingly getting vocal on human rights issues,” he said.  Indeed, as those protests and calls for freedom had generated much concern for the needs and demands of the people in affected countries, Mr. Al‑Nasser had undertaken a joint trip to Libya with the Secretary-General.

The Assembly had taken action to restore the legitimate representation of the Libyan people at the United Nations through its adoption, prior to the start of the general debate, of a resolution allowing the National Transitional Council to speak and vote for Libya.

Another highlight had been the Assembly’s adoption of a political declaration on the prevention and control of non-communicable diseases, which — while preventable — were now the largest cause of death worldwide. Additionally, the Assembly, through the September adoption of a political declaration entitled “United against Racism, Racial Discrimination, Xenophobia and Related Intolerance”, had “spoken with one voice” against the global scourges of racism, hatred and intolerance.

Looking ahead after a demanding three months, he said that when the Assembly resumed its sixty-sixth session in January 2012 it would focus on issues ranging from mediation to sustainable development to Security Council reform.  In particular, the question of reforming the Security Council — which had been on the agenda of the General Assembly for some two decades — still loomed large on the world stage, with a wide array of countries favoring some level of reform on that 15-member body.

Observing that the Palestinian people would not receive full membership in the United Nations, as they lacked the necessary support in the Security Council, a correspondent asked whether the President would encourage them to reverse course and bring their case to the General Assembly.  He responded that, if they did come to the Assembly, their chances of being recognized as an “observer State” were very good.  He hoped that they would do so, but, indeed, that was a “Palestinian decision” to make.

Russian Security Council President on December’s activities.

The Russian Federation wanted Security Council action to end violence in Syria, but not if it would become an “auxiliary of regime-change policy”, Council President Vitaly Churkin said at Headquarters today.

Speaking at a press conference, he expressed concern over the growing acrimony among Council members, certain of whom were becoming inflexible and evincing “impatience and nervousness”.

However, he said much cooperative work had been done in response to crises occurring during the “Arab Spring”, which had posed difficult challenges for the Security Council.  Emerging from the Libyan crisis in particular, Member States had been receptive to the Russian Federation’s draft resolution on controlling the spread of weapons, he said, adding that the Russian Federation had worked well with the United States on “unfreezing” Libyan assets, and there had been consensus support for the United Nations Support Mission in Libya (UNSMIL

Mr. Churkin announced that his country had proposed an updated draft resolution on Syria earlier in the day, and a meeting of experts had been called.  Analysis of the text by Council members would then be awaited, he said, expressing hope for early action in the last week of December..  He recalled that the day before he had proposed a Council press statement welcoming the deployment of a League of Arab States monitoring mission to Syria, commending its objective of ending violence in the country and calling for all parties to act with maximum restraint while allowing the mission to achieve its aims.  Unfortunately, five Council members had objected to the draft statement, he said, pointing out that such statements required consensus.

“When we try to do something positive we are inevitably met with all sorts of concerns about balance,” he said, adding that he had explained that the draft press statement was in no way a substitute for a resolution, but to no avail.  He said he had also tabled a draft press statement on today’s bombings in Damascus, in the standard form used by the Council after terrorist attacks, which was to express the body’s condolences and its determination to fight terrorism.  Noting that the deadline for delegations to object to the text under the “silence procedure” was in two hours’ time, he expressed hope that the draft would be approved, as the standard form had been modified to make it palatable even to those with the most “anti-Damascus” positions.

On Libya, he clarified statements he had made yesterday, explaining that he had reacted to the “unusually explosive rhetoric” of the United States and French Permanent Representatives.  It had included accusations of “bombast and bogus claims” against the Russian Federation, he recalled, commenting: “You cannot beat a Stanford education can you?”

Explaining his country’s call for investigations into Libyan civilian casualties from NATO’s actions, he said resolution 1973 (2011) had been followed by a massive bombing campaign that had exceeded the text’s provisions, but which the Alliance had claimed to have been undertaken to protect civilians.  When news had emerged of civilian casualties, NATO had repeated the claim that everything had been done to protect civilians.  However, a New York Times investigation showed there had indeed been numerous civilian casualties.

He went on to say there had been no reaction to his suggestion that an investigation be held, although one member had proposed an investigation conducted by NATO and Libyan authorities.  Mr. Churkin said he had stressed that the involvement of the United Nations and military experts would be critical to ensuring impartiality.  Some members had said they would support an investigation if it was requested by the Libyan authorities, while others had noted that the International Criminal Court would report in July.

Mr. Churkin stressed that he was not in any way claiming that NATO had intentionally set out to harm civilians.  However, it was important to determine quickly what mistakes had been made and to provide any restitution necessary.  There was no reason to wait for a request by the Libyan authorities, who were just now being put in place.  “If you want to clear the air, you do a quick investigation,” he said, adding that in any case, Libya could not be seen as a standard for future reaction to crisis situations.

Responding to questions, he stressed that Syria and Libya were different situations.  In respect of the Syria text, the Russian delegation remained flexible, but would not drop all references to violence by the extreme opposition.  Similarly, an arms embargo would not happen if imposed only on the Government.  However, all consideration would be given to language on human rights and stopping the violence and impunity, among other matters, he said, emphasizing that it was important that the Council show prudence and not take over responsibility for human rights in a way that impinged on other United Nations bodies.

He said the Council could have prevented much of the violence if it had worked together for a Syrian-led political process, as it had advocated in its 3 August presidential statement, and as had been supported in relation to Bahrain and Yemen.  The crisis could have been ended months ago, but instead it had turned into an opportunity to target Syria for regime change, and now the country was on the brink of civil war, he noted.

In response to other questions, he said that although his country had helped facilitate the Arab League effort, he would coordinate neither with that body or with the Syrian Government on Council drafts.

Asked about his delegation’s frequent references to extremists while it seemed as though thousands of seemingly peaceful demonstrators had been killed, he said peaceful demonstrators had been caught in crossfire and used as human shields by extremists.

Denying that his country was supporting the Assad Government under any circumstance, he said the Russian Federation merely objected to externally driven regime change.  The complexity of the situation must be recognized, he maintained.  What was clear was that “something tragic has been happening in Syria and we have to bring a halt to it as quickly as possible”.

That’s all for this December 26^th issue of United Nations Week: News and Views. We’ll be back with the next issue. Meantime, do send your own views on these or other UN-related issues to www.unweek.blogspot.com.

by John and Douglas Carey www.unweek.blogspot.com

Contents of this issue: due process at the UN; a plea against species extinction.

 Due process at the UN.

          On November 30, according to UN press releases dated December 16^th, two sanctions-imposing committees created by the Security Council adopted guidelines for meting out punishment. One was the committee created this year by resolution 1988 on the Afghan Taliban while the other was the Al-Qaida Sanctions Committee established back in 1999 by resolution 1267.

          Neither set of rules provides for participation by targets in the stages leading up to their being listed and subjected to travel bans and/or asset seizure. Only after they are on the list do they have any chance to participate in an effort to be de-listed.

          The 1988 Committee’s rules provide for “delisting requests from a petitioner (individual(s), groups, undertakings and/or entities on the 1988 list)” while the rules of the 1267 Committee require a listed person or entity to go through the Office of the Ombudsperson or through one of two Governments, that of residence or nationality.

          Witness this, appearing under a heading of “8. Updating the Existing Information on the Al-Qaida Sanctions List: (a) The Committee shall consider expeditiously, in accordance with the following procedures, any information supplied by Member States, regional or international organizations, or the Monitoring Team * * * ” Where is the target mentioned? It is not; it plays no role except indirectly and only at the de-listing stage.

Apparently information from the most interested party, the target of sanctions imposed by the Committee, is not to be considered. What kind of due process is that?

A plea against species extinction.

 On December 17, 2011, the UN launched the Decade on Biodiversity with Secretary-General Ban Ki-moon urging humanity to live in harmony with nature and to preserve and properly manage its riches for the prosperity of current and future generations.

“Ensuring truly sustainable development for our growing human family depends on biological diversity and the vital goods and services it offers,” Ban said in his message to the launch event delivered on his behalf by Kiyo Akasaka, Under-Secretary-General for Communications and Public Information, in the Japanese city of Kanazawa.

“While the poor suffer first and worst from biodiversity loss, all of society stands to lose from this mass extinction. There are also the opportunity costs what cures for disease, and what other useful discoveries, might we never know of because a habitat is destroyed forever, or land is polluted beyond all use?”

“Sustaining them sustains job growth,” he said. “With the world undergoing a youth bulge, sustainable use of biodiversity is not an isolated ‘ecological’ green approach, but an indispensable pillar of sustainable development for future generations,” said Mr. Akasaka. Human activities have caused the extinction of plants and animals at some hundreds or thousands of times faster than what the natural rate would have been, Mr. Akasaka pointed out.

“We cannot reverse extinction. We can, however, prevent future extinction of other species right now. For the next 10 years our commitment to protecting more than eight million species, and our wisdom in contributing to a balance of life, will be put to a test,” he said.