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<title> - THE UNITED NATIONS: URGENT PROBLEMS THAT NEED CONGRESSIONAL ACTION</title> |
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[House Hearing, 112 Congress] |
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[From the U.S. Government Publishing Office] |
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THE UNITED NATIONS: URGENT PROBLEMS THAT NEED CONGRESSIONAL ACTION |
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BRIEFING |
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BEFORE THE |
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COMMITTEE ON FOREIGN AFFAIRS |
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HOUSE OF REPRESENTATIVES |
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ONE HUNDRED TWELFTH CONGRESS |
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FIRST SESSION |
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JANUARY 25, 2011 |
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Serial No. 112-3 |
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Printed for the use of the Committee on Foreign Affairs |
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Available via the World Wide Web: http://www.foreignaffairs.house.gov/ |
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U.S. GOVERNMENT PRINTING OFFICE |
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64-009 WASHINGTON : 2011 |
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For sale by the Superintendent of Documents, U.S. Government Printing Office, |
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http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="98ffe8f7d8fbedebecf0fdf4e8b6fbf7f5">[email protected]</a>. |
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COMMITTEE ON FOREIGN AFFAIRS |
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ILEANA ROS-LEHTINEN, Florida, Chairman |
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CHRISTOPHER H. SMITH, New Jersey HOWARD L. BERMAN, California |
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DAN BURTON, Indiana GARY L. ACKERMAN, New York |
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ELTON GALLEGLY, California ENI F.H. FALEOMAVAEGA, American |
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DANA ROHRABACHER, California Samoa |
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DONALD A. MANZULLO, Illinois DONALD M. PAYNE, New Jersey |
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EDWARD R. ROYCE, California BRAD SHERMAN, California |
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STEVE CHABOT, Ohio ELIOT L. ENGEL, New York |
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RON PAUL, Texas GREGORY W. MEEKS, New York |
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MIKE PENCE, Indiana RUSS CARNAHAN, Missouri |
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JOE WILSON, South Carolina ALBIO SIRES, New Jersey |
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CONNIE MACK, Florida GERALD E. CONNOLLY, Virginia |
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JEFF FORTENBERRY, Nebraska THEODORE E. DEUTCH, Florida |
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MICHAEL T. McCAUL, Texas DENNIS CARDOZA, California |
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TED POE, Texas BEN CHANDLER, Kentucky |
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GUS M. BILIRAKIS, Florida BRIAN HIGGINS, New York |
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JEAN SCHMIDT, Ohio ALLYSON SCHWARTZ, Pennsylvania |
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BILL JOHNSON, Ohio CHRISTOPHER S. MURPHY, Connecticut |
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DAVID RIVERA, Florida FREDERICA WILSON, Florida |
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MIKE KELLY, Pennsylvania KAREN BASS, California |
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TIM GRIFFIN, Arkansas WILLIAM KEATING, Massachusetts |
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TOM MARINO, Pennsylvania DAVID CICILLINE, Rhode Island |
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JEFF DUNCAN, South Carolina |
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ANN MARIE BUERKLE, New York |
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RENEE ELLMERS, North Carolina |
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VACANT |
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Yleem D.S. Poblete, Staff Director |
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Richard J. Kessler, Democratic Staff Director |
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C O N T E N T S |
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BRIEFERS |
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Mr. Brett Schaefer, Jay Kingham fellow in International |
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Regulatory Affairs, Margaret Thatcher Center for Freedom, the |
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Heritage Foundation............................................ 10 |
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Ms. Claudia Rosett, journalist-in-residence, Foundation for |
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Defense of Democracies......................................... 32 |
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Mr. Hillel C. Neuer, executive director, UN Watch................ 44 |
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Mr. Peter Yeo, vice president for public policy and public |
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affairs, United Nations Foundation and executive director, |
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Better World Campaign.......................................... 53 |
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Mr. Mark Quarterman, senior adviser and director, Program on |
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Crisis, Conflict, and Cooperation, Center for Strategic and |
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International Studies.......................................... 59 |
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Mr. Robert Appleton, former chairman, United Nations Procurement |
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Task Force..................................................... 68 |
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LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE BRIEFING |
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The Honorable Ileana Ros-Lehtinen, a Representative in Congress |
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from the State of Florida, and chairman, Committee on Foreign |
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Affairs: Prepared statement.................................... 4 |
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Mr. Brett Schaefer: Prepared statement........................... 12 |
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Ms. Claudia Rosett: Prepared statement........................... 34 |
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Mr. Hillel C. Neuer: Prepared statement.......................... 46 |
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Mr. Peter Yeo: Prepared statement................................ 55 |
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Mr. Mark Quarterman: Prepared statement.......................... 61 |
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Mr. Robert Appleton: Prepared statement.......................... 70 |
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APPENDIX |
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Briefing notice.................................................. 102 |
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Briefing minutes................................................. 103 |
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THE UNITED NATIONS: URGENT PROBLEMS THAT NEED CONGRESSIONAL ACTION |
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---------- |
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TUESDAY, JANUARY 25, 2011 |
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House of Representatives, |
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Committee on Foreign Affairs, |
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Washington, DC. |
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The committee met, pursuant to notice, at 10 o'clock a.m., |
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in room 2272 Rayburn House Office Building, Hon. Jean Schmidt |
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(acting chairman of the committee) presiding. |
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Mrs. Schmidt. I want to call this briefing to order. This |
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briefing of the Committee on Foreign Affairs will come to order |
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at 10:06 in the morning. Unfortunately, our chairwoman, Ileana |
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Ros-Lehtinen, is unable to be in Washington this week. She is |
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at her family's side. Her mother is in failing health from |
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complications with Alzheimer's and so I would ask that we all |
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remember she and her mother and her family in this very |
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troubled time. It's very difficult to lose a loved one, |
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especially a parent. So Ileana asked me to chair this briefing |
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and I was very gracious and happy to accept. |
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I will now recognize myself for 7 minutes to read the |
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chairman's opening statement, which should be considered |
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attributable to her. As I said, this is her statement. |
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``As I said at this committee's last hearing on |
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United Nations reform, `With significant leadership by |
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the United States, the United Nations was founded on |
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high ideals. The pursuit of international peace and |
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development, and the promotion of basic human rights |
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are core, historic concerns of the American people. At |
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its best, the U.N. can play an important role in |
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promoting U.S. interests and international security, |
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but reality hasn't matched the ideals.' |
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``Accordingly, U.S. policy on the United Nations |
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should be based on three fundamental questions: Are we |
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advancing American interests? Are we upholding American |
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values? And are we being responsible stewards of |
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American taxpayer dollars? |
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``Unfortunately, right now, the answer to all three |
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questions is `No.' |
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``Here's some simple math: With no strings attached, |
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we pay all contributions that the United Nations |
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assesses to us--22 percent of their annual budget--plus |
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billions more every year. According to the OMB, in |
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Fiscal Year 2009, the U.S. contributed well over $6 |
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billion to the U.N.--at a time of high unemployment, |
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skyrocketing deficits, crushing debt, and other great |
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economic and fiscal challenges to our nation. |
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``What have we gotten in return from the U.N.? Here |
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are a few examples. |
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``The U.N. Development Program fired a whistle-blower |
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who revealed that the United Nations Development |
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Program's office in North Korea was not being managed |
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properly, and was being exploited by Kim Jong Il's |
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regime. |
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``In 2008, a Senate subcommittee found that: The U.N. |
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Development Program's local staff was selected by the |
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regime, and UNDP paid staff salaries directly to the |
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regime--in foreign currency--with no way to know the |
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funds weren't being diverted to enrich the regime; UNDP |
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prevented proper oversight and undermined whistleblower |
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protections by limiting access to its audits and |
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refusing to submit to the U.N. Ethics Office's |
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jurisdiction; the regime used its relationship with |
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UNDP to move money outside North Korea; and UNDP |
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transferred funds to a company tied to an entity |
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designated by the U.S. as North Korea's financial agent |
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for weapons sales. |
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``The UNDP briefly pulled out of North Korea, but now |
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they're back, and this time they can select staff from |
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a list of three candidates hand-picked by the regime, |
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not just one candidate. |
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``That's what passes for reform at the U.N. |
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``U.S. taxpayers are also paying over one-fifth of |
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the bills for the U.N.'s anti-Israel activities, |
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including the U.N. Human Rights Council, a rogues' |
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gallery dominated by human rights violators who use it |
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to ignore real abuses and instead attack democratic |
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Israel relentlessly. The council was also the |
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fountainhead for the infamous Durban Two conference and |
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the Goldstone Report. |
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``One more example: An independent Procurement Task |
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Force uncovered cases of corruption tainting hundreds |
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of millions of dollars in U.N. contracts. In response, |
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the U.N. shut down the Task Force. When the head of the |
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U.N.'s oversight office tried to hire the chairman of |
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the task force, former U.S. prosecutor Robert Appleton, |
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as the top investigator, the U.N. Secretary-General |
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blocked it. |
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``Well, the U.N. may not want him, but we're pleased |
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to have Mr. Appleton here today. |
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``Ironically, the U.N.'s current chief investigator-- |
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who has reportedly failed to pursue cases--is now under |
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investigation himself for retaliating against whistle- |
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blowers! |
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``Ambassador Susan Rice says that the U.S. approach |
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to the U.N. is, `We pay our bills. We push for real |
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reform.' Instead, we should be conditioning our |
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contributions on `reform first, pay later.' |
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``In the past, Congress has gone along by willingly |
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paying what successive administrations asked for-- |
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without enough oversight. This is one of the first true |
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U.N. reform hearings held by this committee in almost 4 |
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years, but it won't be the last. |
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``Right now, the vast majority of countries at the |
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U.N. General Assembly pay next to nothing in assessed |
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contributions, creating a perverse incentive because |
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those who make decisions don't have to pay the bills. |
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So I,'' meaning Ileana Ros-Lehtinen, ``am going to |
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reintroduce legislation that conditions our |
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contributions--our strongest leverage--on real, |
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sweeping reform, including moving the U.N. regular |
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budget to a voluntary funding basis. That way, U.S. |
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taxpayers can pay for the U.N. programs and activities |
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that advance our interests and values, and if other |
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countries want different things to be funded, they can |
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pay for it themselves. |
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``This will encourage competition, competence, and |
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effectiveness. |
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``The voluntary model works for UNICEF and many other |
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U.N. agencies, and it can work for the U.N. as a whole. |
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``One more point: Some of the U.N.'s defenders like |
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to cite some good U.N. activities to gain support for |
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funding bad ones. However, we're not here to play |
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`Let's Make a Deal' with hard-earned U.S. taxpayer |
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dollars. Each U.N. office, activity, program, and sub- |
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program, country by country and function by function, |
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must be justified on its own merits. |
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``UNICEF programs to help starving children cannot |
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excuse the United Nations Relief and Works Agency's |
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having members of Hamas on its payroll. The World |
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Health Organization's vaccination programs cannot |
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excuse the Human Rights Council's biased actions. |
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``My colleagues, reforming the U.N. should not be a |
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Republican or Democrat issue. It is in the interest of |
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all Americans. And so I hope and trust that U.N. reform |
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efforts will be strongly bipartisan.'' |
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That concludes the chairwoman's opening remarks. Following |
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the opening remarks by our ranking member, we will follow the |
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protocol of other briefings in this Congress and proceed |
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directly to oral statements by our presenters. |
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I am now pleased to recognize our distinguished ranking |
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member, Mr. Berman, for his opening remarks. |
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[The prepared statement of Chairman Ros-Lehtinen follows:] |
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<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> |
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<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> |
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<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> |
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Mr. Berman. Madam Chairwoman, thank you very much for |
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yielding me this time and initially let me say that I think all |
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of us, our thoughts and our prayers are with Ileana as she is |
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by her mother's side at this very difficult time and understand |
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why she's not here. |
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Madam Chairwoman, the flaws, shortcomings, and outrages of |
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the United Nations, both past and present, are numerous and |
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sometimes flagrant. These include the Human Rights Council's |
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obsession with and biased treatment of Israel. As the |
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chairwoman pointed out, the membership, a rogue's gallery of |
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human rights abusers who have worked to highjack that |
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organization's agenda; the anti-Israel vitriol spewed from |
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innumerable U.N. platforms, led by the Committee on the |
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Exercise of Inalienable Rights of the Palestinian People; the |
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oil for food scandal; sexual violence perpetrated by U.N. |
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peacekeepers; the unnecessarily high vacancy rates and other |
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problems at the Office of Internal Oversight Services; and the |
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overlapping jurisdiction of agencies, the duplications of |
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services, and inefficient procurement practices of the U.N. as |
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a whole |
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And like almost all Americans, I'm repelled by these |
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examples of corruption, mismanagement, and bias. But there is |
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another side to the U.N. ledger and it's wrong to ignore it. |
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The United Nations often plays an essential role in supporting |
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American foreign policy and national security interests. From |
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UNDP's work organizing the recent referendum in South Sudan to |
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the wonderful work of the UNHCR and its efforts to protect and |
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resettle refugees to the Security Counsel resolutions imposing |
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sanctions on Iran, the U.N. acts as a force multiplier for U.S. |
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interests. |
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During the Bush administration, we saw a significant rise |
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in U.N. peacekeeping costs. Why? Because President Bush |
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understood that having blue helmets on the ground reduced or |
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eliminated the need for U.S. troops. The U.N. peacekeeping |
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presence in Haiti is perhaps the clearest example of how the |
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U.N. systems advances our own interests at a far lower cost |
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than direct U.S. intervention. |
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In an analysis of that U.N. force, the Government |
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Accountability Office concluded it would cost twice as much for |
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the United States to carry out a similar peacekeeping mission |
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using our own troops. So what should we do about the many |
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shortcomings we've referenced? I strongly believe that the best |
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way to successfully achieve the improvements that are needed is |
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to work with our allies to constructively engage the U.N. on a |
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reform agenda. Experience has shown that this strategy is much |
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more effective than withholding our dues. Not only did previous |
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attempts to force us into arrears that the U.N. failed to |
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achieve the significant reforms that have taken place in the |
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last few years, but they severely weakened our diplomatic |
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standing. Had we been in such deep arrears last year, does |
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anyone honestly think it would not have impeded our ability to |
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get an additional round of Iran sanctions through the Security |
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Council? |
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The many reform efforts currently underway in New York, |
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Geneva, and elsewhere in the U.N. system are a testament to the |
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strategy developed under both the Bush and Obama |
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administrations to work with the U.N. to enact common sense |
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reforms, many of which were laid out in a 2005 report co- |
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authored by former Speaker Newt Gingrich and Senator George |
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Mitchell. The fruits of the Gingrich-Mitchell work were clearly |
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evident with the establishment of the U.N. Ethics Office 4 |
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years ago. |
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The same can be said about the creation of an independent |
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Audit Advisory Committee, a body now headed by former U.S. |
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Comptroller General David Walker, to review the activities of |
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the Office of International Oversight Services and the U.N. |
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Board of Auditors. |
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The recent creation of the U.N. Woman Organization and the |
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U.N.'s Delivering as One Pilot Initiative have demonstrated the |
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U.N.'s determination to remedy the fragmentation and |
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organizational incoherence that have plagued parts of the U.N. |
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system and has resulted in overlapping mandates, lack of |
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coordination, waste of resources. |
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Much more remains to be done to develop a fully transparent |
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and financially accountable budget process. Strengthen program |
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monitoring and evaluation, streamline the U.N. Secretariat, |
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promote a strong culture of ethics and accountability, and |
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encourage U.N. agencies to work together to achieve greater |
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cost savings. But make no mistake about it, there has been |
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progress on the reform front. |
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I would also like to take a moment to further discuss the |
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issue of the U.N. Human Rights Council. As we all know, the |
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council was created to replace the thoroughly discredited Human |
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Rights Commission. Unfortunately, the previous administration |
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chose not to constructively engage the council in its early |
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days, thus ceding the organization to the same block of nations |
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who take advantage of every opportunity to attack and to |
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delegitimize Israel in international fora. I supported the |
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Obama administration's decision to join the council in the |
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hopes of reforming the organization and transforming it into a |
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serious voice on human rights in the U.N. system. |
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In less than 2 years, progress has been made on the |
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council. The U.S. has used its voice as the leading global |
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advocate for human rights to push strong council action on a |
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number of significant human rights abuses from the ethnic |
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violence in Kyrgyzstan to the recent standoff in Ivory Coast. |
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And the Obama administration deserves significant credit for |
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its successful diplomatic campaign to deny Iran a seat on the |
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council. |
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Notwithstanding these important accomplishments, the anti- |
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Israel vitriol that all too often emanates from the council and |
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the inclusion of serious human rights violators among the |
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council's membership remains a deep stain on the U.N.'s |
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reputation. |
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Madam Chairwoman, in closing, let me just say again that I |
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agree with you that the U.N. needs significant reforms. Where I |
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think we differ in our approach is the best way to achieve |
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those reforms. Based on our experience in recent years, I would |
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argue that we have a much greater chance of success if we work |
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inside the U.N. with like-minded nations to achieve the goals |
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that I think both sides on this committee and in our Congress |
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share. |
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With that, I yield back my remaining time. |
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Mrs. Schmidt. Thank you very much, Congressman Berman. The |
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chair is pleased to welcome our six presenters. Mr. Brett |
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Schaefer is the Jay Kingham fellow in International Regulatory |
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Affairs at the Heritage Foundation's Margaret Thatcher Center |
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for Freedom, focusing primarily on the U.N. He previously |
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served at the Pentagon as an assistant for International |
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Criminal Court Policy from March 2003 to March 2004. |
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Ms. Claudia Rosett is a journalist-in-residence with the |
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Foundation for Defense of Democracies. She previously worked |
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for 18 years at the Wall Street Journal. |
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Mr. Hillel Neuer is an international lawyer and the |
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executive director of UN Watch, a human rights NGO in Geneva. |
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He previously practiced commercial and civil rights litigation |
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in New York and served as a law clerk for an Israeli Supreme |
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Court Justice. |
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We are pleased to welcome Mr. Peter Yeo back to the |
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committee. He is currently the vice president for public policy |
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and public affairs at the United Nations Foundation and |
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executive director of the Foundation's Better World Campaign. |
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Mr. Yeo previously served for 10 years as the deputy staff |
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director on the committee's Democratic staff, first for ranking |
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member Sam Gejdenson, then for our late chairman, Tom Lantos, |
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and then for our current ranking member, Mr. Berman, while he |
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was chairman. |
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Another former Foreign Affairs Committee alum will brief us |
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today, Mr. Mark Quarterman. He is currently senior adviser and |
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director of the Program on Crisis, Conflict, and Cooperation at |
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the Center for Strategic and International Studies. Mr. |
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Quarterman previously served at the U.N. in a number of |
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capacities for almost 12 years, including as chief of staff to |
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the U.N. Commission on Inquiry into the assassination of the |
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former Prime Minister of Pakistan and in the U.N.'s Office of |
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Legal Affairs and Department of Political Affairs. Before that, |
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Mr. Quarterman served as a staff member for our committee's |
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Africa Subcommittee and as a program office at the Ford |
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Foundation for South Africa and Namibia. |
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Last but not least, Mr. Robert Appleton served as the |
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chairman of the United Nations Procurement Task Force, a |
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specially-created anti-corruption unit that conducted hundreds |
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of investigations of fraud and corruption in the U.N. He also |
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served as a special counsel and deputy chief legal counsel to |
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the Independent Inquiry Committee investigation into the U.N. |
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Oil-for-Food Programme, also known as the Volcker Committee. |
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More recently, he was selected to serve as the lead |
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investigator for the U.N.'s Office of Internal Oversight |
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Services, but his selection was not approved, and we'll no |
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doubt hear more about that later. Mr. Appleton served for about |
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13 years as an assistant United States attorney in the District |
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of Connecticut, prosecuting a wide range of national and |
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international Federal criminal offenses. Mr. Appleton presently |
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serves as director of investigations and senior legal counsel |
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in the Office of the Inspector General in the Global Fund to |
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Fight AIDS, Tuberculosis and Malaria in Geneva. Mr. Appleton is |
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presenting his remarks in his personal capacity. |
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Again, the chair thanks all of our briefers and we remind |
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them to keep their respective oral summaries to no more than 5 |
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minutes each, and having watched Ms. Ros-Lehtinen for one time, |
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I know she's adamant about the 5 minute rule. So I might give |
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you a few seconds over, but don't test the waters. |
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Anyway, thank you all for coming and right now, I believe, |
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Mr. Schaefer, we will hear your testimony. |
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STATEMENT OF MR. BRETT SCHAEFER, JAY KINGHAM FELLOW IN |
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INTERNATIONAL REGULATORY AFFAIRS, MARGARET THATCHER CENTER FOR |
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FREEDOM, THE HERITAGE FOUNDATION |
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Mr. Schaefer. I would like to thank the committee for |
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inviting me to today's briefing. |
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The past six decades have seen dozens of reform proposals |
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both from inside the United Nations and outside. For the most |
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part, these reforms have been ignored, cosmetic, watered down |
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or defeated outright. As a result, the U.N. and many of its |
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affiliated organizations remain hindered by outdated or |
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duplicative mandates and missions, poor management practices, |
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ineffectual oversight, and a general lack of accountability. |
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A key reason for the lack of reform in the U.N. is the |
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practice of granting equal voting rights to each nation over |
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budgetary management issues, even though they have vastly |
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different financial contributions. The bulk of U.N. member |
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states simply do not pay enough to the U.N. for mismanagement, |
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corruption, or inefficiency to concern them. For instance, |
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Sierra Leone is assessed at 0.001 percent of the U.N. regular |
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budget and 0.0001 percent of the peacekeeping budget. The U.S., |
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by contrast, is assessed 22 percent and 27.14 percent, |
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respectively. Therefore, while Sierra Leone and the dozens of |
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other organizations with similar assessments pay less than |
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$35,000 per year to the U.N. in these budgets, the United |
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States pays billions of dollars. |
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With this in mind, it's hardly surprising that the United |
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States cares deeply about how the U.N. is managed and how those |
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funds are used, but most countries simply don't care very much |
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about it. Yet, these are the countries that possess most of the |
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votes. The combined assessments of the 128 least-assessed |
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countries to the United Nations, enough to pass those budgets, |
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totals less than 1 percent of the U.N. regular budget and less |
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than one third of 1 percent to the U.N. peacekeeping budget. |
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These countries, combined with influential voting blocks can |
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and do block U.S. attempts to implement reforms and curtail |
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budgets. The U.S. can't fix this problem with diplomacy alone. |
|
Moreover, while American administrations are often |
|
interested in pressing for reform, the reform agenda is |
|
frequently abandoned in favor of short-term political |
|
objectives. That is why the State Department is rarely |
|
aggressive in pressing for reform at the U.N. |
|
The reluctance to press for U.N. reform occurs under most |
|
administrations, but it has been particularly apparent over the |
|
past 2 years under the Obama administration as it sought to |
|
distance itself from the previous administration's policies at |
|
the U.N. Criticism of the U.N. is rarely uttered by Obama |
|
administration officials and its U.N. reform agenda is notable |
|
only for its lack of detail and enthusiasm. |
|
Luckily, U.N. reform doesn't necessarily require an eager |
|
administration. Past successful U.N. reform efforts have |
|
typically shared one thing in common, congressional involvement |
|
backed by the threat of financial withholding. Congressional |
|
intervention led to U.S. budgetary restraint in the 1980s and |
|
the 1990s. It led the U.N. to create the Office of Internal |
|
Oversight Services, the first Inspector General equivalent in |
|
the history of the United Nations. And it led the U.N. to |
|
reduce U.S. assessments earlier this decade. |
|
Regrettably, Congress has neglected its oversight role in |
|
recent years. Only a handful of U.N. oversight hearings have |
|
been held and U.N. reform legislation has not been seriously |
|
considered. Without Congress spurring action, the U.N. has been |
|
free to disregard calls for reform. |
|
Meanwhile, U.S. contributions are at an all-time high. |
|
Congressional scrutiny is overdue. |
|
Let me finish my statement by highlighting some reforms |
|
that I think deserve particular attention. First, the |
|
discrepancy between obligations and decision making is perhaps |
|
the greatest impediment to U.N. reform. The U.S. unsuccessfully |
|
pressed for weighted voting in the 1980s and got consensus |
|
voting on budgetary issues as a compromise. That compromise has |
|
since been shattered and the U.N. budget has been approved over |
|
U.S. objections. Congress needs to revisit the issue and |
|
consider options to increase the influence of major |
|
contributors over the U.N. budget. |
|
Second, the U.N. regular budget has grown even faster than |
|
the U.S. budget over the past decade. A few things could be |
|
done to curtail that growth and streamline the budget. 1) |
|
reestablishing the zero nominal growth policy for the United |
|
States to the U.N. regular budget which would prevent further |
|
increases in the future and lead to a gradual reduction through |
|
inflation. 2) sunsetting all U.N. mandates and revitalizing the |
|
mandate review. Nearly all U.N. mandates remain unreviewed, but |
|
if the preliminary reports are indicative, up to half of all |
|
U.N. mandates could be outdated or irrelevant. |
|
Finally, the Human Rights Council continues to disappoint. |
|
The key problem with the council is the membership. Congress |
|
should withhold U.S. funding to the council until credible and |
|
serious membership standards are adopted, including forcing |
|
regional groupings to provide competitive slates for elections. |
|
In conclusion, if the United States does not press this |
|
issue and back diplomatic carrots with financial sticks, U.N. |
|
reform will continue to be sound and fury with little |
|
substance. The U.N. is patient. It will publish reports and |
|
promise reforms. Action will always be imminent but rarely |
|
realized. Nothing perseveres like bureaucratic inertia. I have |
|
a whole stack of U.N. reports on my desk to prove the point |
|
that U.N. reform is always promised, but very rarely |
|
implemented. |
|
If Congress wants U.N. reform, it must heed the history and |
|
demand quick action and link specific reforms to financial |
|
withholding. The U.N. may have five official languages, but the |
|
bottom line speaks loudest. |
|
Thank you very much and I look forward to your questions. |
|
[The prepared statement of Mr. Schaefer follows:] |
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Mrs. Schmidt. Thank you very much. You are right on time. |
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Next we have Ms. Claudia Rosett, journalist-in-residence at the |
|
Foundation for Defense of Democracies. We'll begin when you |
|
begin. |
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STATEMENT OF MS. CLAUDIA ROSETT, JOURNALIST-IN-RESIDENCE, |
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FOUNDATION FOR DEFENSE OF DEMOCRACIES |
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Ms. Rosett. I'm ready to begin. Thank you. |
|
Mrs. Schmidt. Thank you. |
|
Ms. Rosett. My thanks to the committee for the chance to be |
|
here today. |
|
The United Nations is an enormous, opaque, labyrinthine, |
|
and a collective in which the United States, as Brett has just |
|
described, basically sustains the system. The contributions |
|
that the United States make are more than the sum of their |
|
parts. It's not just roughly one quarter of the system-wide |
|
budget, whatever that is. It's also U.S. credibility, gravitas, |
|
the headquarters, things that basically mean the U.S. provides, |
|
in effect, the fixed costs, others hop a ride. And this is a |
|
system which invites waste, fraud, and abuse. |
|
But what I'd like to highlight here today is that the |
|
problem goes well beyond simple theft or waste. The U.N. is not |
|
like a pilfering clerk. It's an organization unlike many which |
|
operates across borders, with immunities, moving large amounts |
|
of goods, personnel, services, and so on. It's basically immune |
|
to censure. It's really under no jurisdiction of local law. |
|
This is a system that invites exploitation and what we have |
|
seen over the years is that the worst of the worst, regimes |
|
like the former regime in Iraq, like North Korea today, become |
|
very good at exploiting this. The problem I would like to |
|
describe is the United States is sustaining a system in which a |
|
lot of harm can be done even without drawing directly on U.S. |
|
money. That, for instance, was Oil-for-Food. |
|
Oil-for-Food did not take U.S. tax dollars. It ran on Iraqi |
|
oil money. But the U.N. via Oil-for-Food, having put sanctions |
|
on Iraq then provided cover and sustained a program which |
|
became the world-wide bonanza of graft. It ended up corrupting |
|
the U.N. itself and corruption thousands--companies around the |
|
world, payments to suicide bombers, purchase of convention |
|
weapons, if not WMD. And the head of the program was alleged, |
|
in the end, to have been on the take for $147,000, peanuts by |
|
U.N. standards, but enough if it's somebody who's running a |
|
significant U.N. program so that it has at least the effect |
|
that he will not blow the whistle. |
|
How do you find out what's going on inside the U.N. with |
|
that kind of leverage? In my experience, it almost always |
|
requires some kind of very energetic investigation. The U.N. |
|
does not readily give information up. In Oil-for-Food, we |
|
discovered a lot because documents spilled out of Baghdad after |
|
the fall of Saddam. In North Korea, it took very energetic |
|
efforts over strenuous objections from the U.N. Development |
|
Program by the then Ambassador for Reform, U.N. Management and |
|
Reform at the U.N., Mark Wallace, who really went to the mat |
|
pointing out troubles, and when this lone whistleblower came |
|
forward who was then fired. And in the end what emerged was |
|
just this incredible nest of malfeasance. |
|
I've described it in my written statement, but you had and |
|
Chairman Schmidt described it in her opening remarks. You had |
|
North Korean employees handling the checkbook and the accounts |
|
in Pyongyang. You had transfers on behalf of other agencies via |
|
an entity tied to North Korean proliferation. You had the |
|
import of dual-use items into North Korea. There's an exhibit |
|
in the back of my written testimony showing you how the |
|
spectrometers, global mapping systems, satellite receiving |
|
stations imported by the U.N. Development Program into North |
|
Korea could have been used to make missiles which is one of |
|
North Korea's big proliferation businesses. |
|
When this all surfaced, UNDP has also been involved in a |
|
Burmese currency fiddle which tells us much. I'm happy to |
|
answer questions on that. It was not broken by the U.N., it was |
|
broken by a blogger who covers the U.N., Matthew Russell Lee. |
|
When the Cash-for-Kim scandal broke in North Korea, |
|
Secretary-General Ban Ki-Moon promised a system-wide inquiry, |
|
independent inquiry. He backed off that within a week. It has |
|
never been held. It was a very good idea. As you just heard, |
|
the U.N. issues endless promises of reform. I've made some |
|
recommendations about that in the back. The Secretary-General |
|
was just boasting last week that he actually requires senior |
|
officials now at the U.N. to disclose their financial |
|
information. I have two exhibits in the back of my written |
|
statement which show you what that amounts to. One of them is a |
|
sheet in which you can check a box showing that you choose not |
|
to disclose anything at all. The other is Ban Ki-Moon's |
|
statement which consists of 18 words, nine of which are |
|
Republic of Korea with no price at all. That's public |
|
disclosure. |
|
And I would finally recommend that if there is to be a |
|
debate over withholding funds from the United Nations as a way |
|
of imposing leverage, it would be very useful to keep in mind |
|
that this is an institution which years ago began to regard $1 |
|
billion as a rounding error. |
|
Thank you very much and I would be happy to answer your |
|
questions. |
|
[The prepared statement of Ms. Rosett follows:] |
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Mr. Smith [presiding]. Thank you very much. Before going to |
|
Mr. Neuer, I just want to note that Walker Roberts is here--we |
|
have a number of former staffers--who was a top staffer for |
|
Chairman Henry Hyde, and Mark Tavlarides, who was chief of |
|
staff for the Human Rights Committee back in the 1980s and I'm |
|
sure there are a few others. |
|
Mr. Berman. They're all here to hear Peter. |
|
Mr. Smith. Exactly. We'll go to Mr. Neuer now. |
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STATEMENT OF MR. HILLEL C. NEUER, EXECUTIVE DIRECTOR, UN WATCH |
|
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Mr. Neuer. Distinguished members of the committee, thank |
|
you for inviting me here today. The urgent problem that I was |
|
to address concerns the state of human rights at the United |
|
Nations. The U.N. Human Rights Council this year undergoes a |
|
review of its first 5 years of work. How has it performed? |
|
Let's first recall the history. In 2005, then U.N. |
|
Secretary-General Kofi Annan called to scrap the old Human |
|
Rights Commission. He explained why. Countries had joined ``not |
|
to strengthen human rights, but to protect themselves against |
|
criticism or to criticize others.'' The Commission was plagued |
|
by politicization and selectivity. It suffered from declining |
|
professionalism and a credibility deficit which ``cast a shadow |
|
upon the reputation of the U.N. system as a whole.'' |
|
To remedy these fatal flaws the U.N. created the council 1 |
|
year later. The 2006 resolution promised a membership committed |
|
to human rights, that would respond to severe abuses, including |
|
by urgent sessions. Its work would be impartial and |
|
nonselective. Today, 5 years later, we ask, Has the council |
|
redressed the shortcomings of its predecessor? Has it lived up |
|
to its promise? |
|
Let us consider first the council's current members. They |
|
include Bangladesh, China, Cuba, Pakistan, Russia, and Saudi |
|
Arabia. The newest member is Libya under the dictatorship of |
|
Colonel Qaddafi. As measured by Freedom House, 57 percent of |
|
the members fail to meet basic democracy standards. |
|
Mr. Chairman, imagine a jury that includes murderers and |
|
rapists or a police force, run in large part by suspected |
|
murderers and rapists who are determined to stymie |
|
investigation of their crimes. That was said by Kenneth Roth of |
|
Human Rights Watch in 2001, but the analogy applies even more |
|
today. |
|
Second, let's look at the council's response over the past |
|
5 years to the world's worst human rights violations. Here's |
|
what we find. For the one fifth of the world's population |
|
living in China where millions have suffered gross and |
|
systematic repression, for the minority Uighur who have been |
|
massacred, the Tibetans killed, the council adopted not a |
|
single resolution. Its response was silence. For the peaceful, |
|
civic activists, bloggers and dissidents in Cuba, who are |
|
beaten or languish in prison, no resolutions. For the victims |
|
of Iran, massacred by their own government while the Human |
|
Rights Council was actually in session, subjected to torture |
|
rape, and execution, no action. For the women of Saudi Arabia |
|
subjugated, the rape victims, sentenced to lashes, the council |
|
looked away. For the people of Zimbabwe who suffer under the |
|
jackboot of the Mugabe regime, no resolutions. |
|
Mr. Chairman, apart from a handful of exceptions, the U.N. |
|
Human Rights Council in the 5 years of its existence has |
|
systematically turned a blind eye to the world's worst abuses. |
|
It has failed the victims most in need. |
|
You may ask then, What does it do with its time? I will |
|
tell you. To an astonishing degree, the council has reserved |
|
its moral outrage for demonizing one single country, Israel, |
|
the only liberal democracy in the Middle East. |
|
Consider one, in total, the council has adopted some 50 |
|
resolutions condemning countries, of these 35 have been on |
|
Israel, i.e., 70 percent. All have been one-sided condemnations |
|
that grant impunity to Hamas and Hezbollah terror and to their |
|
state sponsor, the Islamic Republic of Iran. |
|
Two, built into the council's permanent agenda is a special |
|
item on Israel. No other country is singled out in this |
|
fashion. |
|
Three, the council's machinery of fact-finding missions |
|
exist almost solely to attack Israel. The most notorious |
|
example is the Goldstone Report, a travesty of justice that |
|
excoriated Israel and exonerated Hamas. This was not surprising |
|
given that the mission operated according to a prejudicial |
|
mandate, a predetermined verdict, and with members like |
|
Christine Chinkin, who declared Israel guilty in advance. |
|
Four, out of ten special sessions that criticize countries, |
|
six were on Israel, four for the rest of the world combined. |
|
Five, the council has a permanent investigator, Richard |
|
Falk, mandated solely to report on ``Israel's violations of the |
|
principles of international law.'' Mr. Falk also happens to be |
|
one of the leading proponents in this country of the conspiracy |
|
theory that the 9/11 terrorist attacks were an inside job |
|
orchestrated by the U.S. Government. Now in response to our |
|
protest last week, I'm pleased to report that yesterday the |
|
Secretary-General sent me a letter stating that he condemns the |
|
preposterous remarks of Mr. Falk and regards him as an affront |
|
to the memory of the 3,000 victims that perished that day. We |
|
call on Mr. Ban Ki-Moon to take action to remove Mr. Falk |
|
immediately. |
|
Mr. Chairman, the promises of the council's founding |
|
resolution improved membership, action for victims, an end to |
|
politicization and selectivity have not been kept. On the |
|
contrary, if we consider the fatal flaws identified by Kofi |
|
Annan in the old Commission, every single one applies equally |
|
today to the new council. |
|
Thank you. |
|
[The prepared statement of Mr. Neuer follows:] |
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Mr. Smith. Mr. Neuer, thank you very much for your |
|
testimony and having worked with you, thank you for your |
|
leadership at the U.N. |
|
I'd like to now recognize Mr. Yeo. |
|
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|
STATEMENT OF MR. PETER YEO, VICE PRESIDENT FOR PUBLIC POLICY |
|
AND PUBLIC AFFAIRS, UNITED NATIONS FOUNDATION AND EXECUTIVE |
|
DIRECTOR, BETTER WORLD CAMPAIGN |
|
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|
Mr. Yeo. Well, thank you, Mr. Chairman, and Ranking Member |
|
Berman, for inviting me to appear before the committee today. |
|
Right now, across the globe, the U.N. stands by America as |
|
we struggle for democracy, human rights, and world prosperity. |
|
We need the U.N. to run smoothly because we have a stake in |
|
where the U.N. is headed. We need the U.N. to continue, even |
|
hurry, on its current course straight toward a more stable and |
|
prosperous world that serves America's strategic, economic, |
|
humanitarian, and political interests. |
|
As we meet here today, votes in Sudan are being counted to |
|
determine whether South Sudan should secede. America has |
|
strongly backed this process with enormous diplomatic and |
|
financial contribution and in that, we are joined by the United |
|
Nations which has allocated money, more than 10,000 U.N. |
|
workers, peacekeepers, and volunteers, to support the |
|
referendum. The Cote d'Ivoire, where the United States has long |
|
sought peace and stability, the entire U.N. system holds fast |
|
for democracy and against genocide. |
|
The Security Council has called on the nation's defeated |
|
President to recognize the results of the referendum and U.N. |
|
peacekeepers now stand as the sole line of protection for Cote |
|
d'Ivoire's democratically-elected President. |
|
The U.N. has partnered with America to battle the nuclear |
|
threat Iran poses. Just last summer, the U.N. Security Council |
|
imposed its toughest ever sanctions on Iran. Defense Secretary |
|
Gates heaped praised on the U.N. resolution and EU and others |
|
have joined America in putting in place tough sanctions that |
|
are having an economic impact on the Iranian Government. |
|
In Afghanistan, the U.N. has joined American forces to |
|
promote security and battle the rise of extremist forces. The |
|
U.N. provided support for Afghanistan's independent electoral |
|
authorities and has facilitated the removal of land mines and |
|
weapons, making Afghanistan safer for civilians and American |
|
forces. |
|
And not far from our shores, the U.N. battles mightily to |
|
stabilize, reconstruct earthquake-shattered Haiti, a country |
|
with close ties to America. U.N. peacekeepers patrol the |
|
streets, provide security to many displaced Haitians, train |
|
Haitian police, and feed nearly 2 million Haitians a day. |
|
And right here at home, the U.N. is promoting American |
|
economic interests in creating jobs. For every dollar invested |
|
by the U.S. in the U.N., American firms receive approximately |
|
$1.50 in U.N. contracts and other benefits. |
|
As we've heard from the witnesses who preceded me, the U.N. |
|
is not a perfect institution, but it serves a near-perfect |
|
purpose, to bolster American interests from Africa to the |
|
Western Hemisphere and to allow our nation to share the burden |
|
of promoting international peace and stability. |
|
The U.N. now has greatly improved its ability to identify |
|
and correct waste, fraud, and abuse. The General Assembly |
|
created the Independent Audit Advisory Committee, a move |
|
recommended by the Gingrich-Mitchell U.N. Task Force which is |
|
now headed by David Walker, the former U.S. Comptroller and |
|
head of GAO. The Secretary-General recently appointed a |
|
Canadian with decades of auditing and oversight experience as |
|
Under Secretary-General for Internal Oversight Services. The |
|
U.N. has also moved aggressively to strengthen its ethical |
|
culture. A U.N. Ethics Office is in place and all U.N. funds |
|
and programs created individual ethics offices or agreed to use |
|
the Secretariat's Ethics Office. Led by a U.N. attorney, the |
|
U.N. Ethics Office oversees the new financial disclosure |
|
statements required by U.N. employees above a certain level and |
|
with fiduciary responsibilities. |
|
Since 2007, the U.N. has mandated ethics and integrity |
|
training for all U.N. staff members. |
|
Over the past 2 years, the U.N. has also taken significant |
|
steps to ensure that it has the most productive and effective |
|
work force possible. The U.N. created a professional and |
|
independent system made up of 15 judges to address employment |
|
issues. The U.N. decision to join the Human Rights Council has |
|
also produced tangible results. The U.S. led 55 other countries |
|
in a successful effort to criticize Iran for its human rights |
|
violations. Effective U.S. diplomacy has also improved the |
|
council's ability to address specific countries of concern. |
|
Nevertheless, some of the most challenging and serious human |
|
rights violations continue to go unaddressed and the council |
|
itself places undo focus on Israel. |
|
As with any public institution, fine tuning the operation |
|
is a continual process, but the U.N. is a very different |
|
institution today than it was just 5 or 6 years ago. The U.N. |
|
has implemented most of the reform recommendations made by the |
|
congressionally-mandated Task Force on the U.N. and by Paul |
|
Volcker's Independent Investigation Commission. But further |
|
progress will not happen unless the United States is at the |
|
table pressing for changes. And that means we must pay our dues |
|
to the U.N. on time and in full without threats of withholding |
|
our contribution. When we act otherwise we send a strong and |
|
provocative signal that we are more interested in tearing the |
|
U.N. down than making it better and going it alone, rather than |
|
working with all sides. |
|
Over the last few years, as Congress has paid our dues |
|
without drama and delay, we have been able to work well with |
|
the U.N. to move forward on many important management changes. |
|
And polls tell us that this cooperation is what the American |
|
people want and bipartisan research released by BWC this |
|
October, 63 percent of Americans support payment of U.S. dues |
|
to the U.N. on time and in full and 70 percent felt the same |
|
way about U.N. peacekeeping dues. But in the end, we need to |
|
our U.N. dues, not just because it's popular, but because it's |
|
necessary, necessary to maintain a healthy U.N., ready to stand |
|
by America and our deep and abiding interest in peace, |
|
stability, and democracy around the world. |
|
Thank you. |
|
[The prepared statement of Mr. Yeo follows:] |
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Mr. Smith. Mr. Yeo, thank you very much. |
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Mr. Quarterman. |
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STATEMENT OF MR. MARK QUARTERMAN, SENIOR ADVISER AND DIRECTOR, |
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PROGRAM ON CRISIS, CONFLICT, AND COOPERATION, CENTER FOR |
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STRATEGIC AND INTERNATIONAL STUDIES |
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Mr. Quarterman. Mr. Chairman, Ranking Member Berman, |
|
distinguished members of the committee, I'm honored to have |
|
been invited to appear before you today. |
|
As the result of my service with the United Nations, I'm |
|
well aware of the organization's strengths and weaknesses, as |
|
well as of its vital role in the world. The U.N. makes real |
|
contributions to the global good on a daily basis and is often |
|
the first responder in times of natural or man-made disaster. |
|
The World Food Programme feeds 90 million people in 73 |
|
countries. The Office of the High Commissioner for Refugees |
|
supports 34 million forcibly displaced. UNICEF provides |
|
immunizations to more than half of the world's children. |
|
Peacekeeping has often been referred to as a force |
|
multiplier for the United States, but I believe that in a |
|
broader sense, the U.N. is an influence multiplier for the |
|
United States as well. And it plays this role in three ways. |
|
First, the U.N. operates in places where the United States |
|
might have concerns, but not fundamental interests. An example |
|
includes Sudan where the U.N. helped to keep the peace and |
|
played a central role in the recent successful referendum. This |
|
provides for burden and cost sharing. It allows U.S. interests |
|
to be addressed without U.S. troops being deployed. |
|
Second, the U.N. talks to people and parties the United |
|
States will not or cannot talk to. In Sudan, for example, along |
|
with the African Union, the U.N. has directly applied pressure |
|
on the regime in Khartoum to allow the referendum to go |
|
forward. |
|
Third, the U.N.'s legitimacy and credibility around the |
|
world enables it to carry out tasks that governments alone are |
|
not able to do. Thus, the Pakistani Government asked the United |
|
Nations to undertake an inquiry into the assassination of |
|
Benazir Bhutto, their former prime minister, which was my last |
|
job at the United Nations and something I was honored to do. |
|
The U.S. remains the most influential member of the U.N. |
|
and it does more to set the agenda of the organization than any |
|
other nation. Examples of the United States being outvoted in |
|
the U.N. come largely from the General Assembly, where the |
|
principle of one member, one vote pertains, but where |
|
resolutions are not binding on member states. |
|
However, the United States has a significant and powerful |
|
voice in the Security Council, in part because of its status as |
|
a permanent member with a veto and in part because of the |
|
initiative that America traditionally and consistently takes in |
|
the council. For example, the last 2 years of the Bush |
|
administration was among the most active and productive periods |
|
for the Security Council and resulted in groundbreaking |
|
resolutions. |
|
An emblematic earlier example of U.S. leadership is the |
|
skillful diplomacy deployed by the administration of George |
|
H.W. Bush in response to the Iraqi invasion of Kuwait. A more |
|
recent example of leadership in the council was the Obama |
|
administration's successful effort to place serious sanctions |
|
on Iran. |
|
U.S. leadership and influence in the U.N. results in part |
|
from its status as the largest contributor to the organization. |
|
We must not return to the days of withholding funds as some |
|
have suggested. Withholding funds hurts the U.N. and doesn't |
|
advance U.S. interests. This does not mean that the United |
|
States should not take a close look at management and budget |
|
issues in the U.N. Congress and the Executive Branch must |
|
ensure that America's contributions which are substantial are |
|
used effectively, efficiently, and for the purposes intended |
|
and approved. |
|
It's necessary for the United States to be actively engaged |
|
to exercise its influence in the U.N. fully. The Human Rights |
|
Council is a good example of this. There should be no doubt |
|
that the Human Rights Council needs reform. Reasonable people |
|
can disagree about whether the United States should engage or |
|
stay out. However, only by being at the table can the United |
|
States bring about the changes necessary to assist it to evolve |
|
into a more credible vehicle to protect and promote human |
|
rights around the world. |
|
No one is fully satisfied with multilateralism. Having |
|
working in the U.N. I saw that firsthand and felt that. It's |
|
hard. Multilateralism is very hard and we use it to tackle the |
|
toughest issues of the global commons, most of which touch on |
|
fundamental national interests of many countries. It requires |
|
bargaining, negotiation, and compromise. And it requires that |
|
in a way that's not unlike the legislative process we see in |
|
this venerable institution. While most of us are dissatisfied, |
|
we have to realize that there is no effective alternative |
|
method of dealing with transnational problems that do not |
|
respect borders and that have the potential of significantly |
|
affecting our lives. |
|
Mr. Chairman, Ranking Member Berman, distinguished members |
|
of the committee, as I stated at the outset, and as has been |
|
stated, I served with the U.N. for 12 years. I served Because |
|
of the organization's ideals and I am proud that they were |
|
profoundly shaped and influenced by American ideals. I have |
|
friends and close colleagues at the U.N. who died in the line |
|
of duty in furtherance of the aims of the U.N. charter, for the |
|
global good. I honor them for their service and am honored by |
|
my time in service at the U.N. I believe in the United Nations |
|
and I want us to work together to help the U.N. to live up to |
|
its ideals. Thank you. |
|
[The prepared statement of Mr. Quarterman follows:] |
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Mrs. Schmidt [presiding]. Thank you. |
|
And now we will hear from Mr. Appleton. |
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STATEMENT OF MR. ROBERT APPLETON, FORMER CHAIRMAN, UNITED |
|
NATIONS PROCUREMENT TASK FORCE |
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Mr. Appleton. I'd like to thank the committee for the |
|
invitation to appear today. I'm deeply honored for the |
|
opportunity. |
|
From 2006 to 2008, I served as the head of the United |
|
Nations Procurement Task Force, the PTF, a special independent |
|
anti-corruption investigations unit the U.N. created in the |
|
wake of the Oil-for-Food scandal, the responsibility to |
|
investigate fraud and corruption in the operations of the U.N. |
|
Secretariat, throughout the world, which included all of its |
|
peacekeeping missions and overseas offices. I reported to the |
|
Under Secretary-General of OIOS. |
|
The PTF was temporary, formed for specific purpose and |
|
independent of the U.N. General Assembly for its funding. Over |
|
3 years, this 26-person investigation unit comprised of |
|
lawyers, former prosecutors, white collar fraud specialists, |
|
and forensic accountants from 14 countries under my direction |
|
conducted hundreds of corruption investigations, issued 36 |
|
major reports, complete with findings, conclusions and an |
|
aggregate total of 187 recommendations which included referrals |
|
to national authorities for prosecution, legal advice and |
|
proposals based on our previous experience to recover losses |
|
and damages and recommendations to pursue misconduct charges |
|
against staff that violated the rules and regulations of the |
|
organization or committed fraud or corruption. |
|
Through these investigations we identified at least 20 |
|
major fraud schemes, hundreds of millions in losses and waste |
|
and more than $1 billion in tainted contracts. Forty-seven |
|
contractors were debarred for corruption and the PTF marked the |
|
first time within the U.N. that the external investigations of |
|
those conducting business with the U.N. were properly and |
|
thoroughly investigated. A vendor sanctions panel and framework |
|
began a function and worked well. |
|
In those cases in which the PTF found fraud or other |
|
illegality, the results were largely substantiated by national |
|
courts. In an audit that was conducted by the PTF's operations |
|
in 2008 by the U.N. Board of Auditors found our methods |
|
appropriate, staff well qualified, and its existence served as |
|
a deterrent to fraud and corruption. A number of prosecutions |
|
by national authorities resulted from or were supported by the |
|
PTF, all of it explained herein. Many more could have been |
|
pursued. |
|
Nevertheless, much success was achieved despite the |
|
impediments. One of our most significant cases in the Southern |
|
District of New York, a senior procurement official and an |
|
agent of a large U.N. vendor were convicted after a 2-month |
|
trial engaging in $100 million fraud, collusion and bribery |
|
scheme in connection with a series of U.N. contracts. The |
|
procurement official was subsequently sentenced to 8\1/2\ years |
|
imprisonment and the evidence for this case was principally |
|
gathered by the PTF as contained in its report. |
|
However, despite the confirmation of the accuracy of the |
|
findings of the PTT in many cases, most unfortunately, the |
|
efforts of the PTF were opposed by certain Member State |
|
delegations who came to the defense of either citizens or |
|
officials who were nationals or their companies or citizens. |
|
The U.N. administration accepted the PTF, but showed lethargy |
|
in moving forward on many of its recommendations to pursue |
|
matters in civil courts or charging wrongdoers with misconduct. |
|
Prior to the expiration of the PTF at the end of 2008, the |
|
General Assembly at the behest of a Member State who opposed |
|
their efforts commissioned an audit of the PTF which ultimately |
|
found that we were compliant with U.N. rules, regulations, and |
|
standards and did not selectively target individuals, regions, |
|
or countries and the staff was well qualified. |
|
Hostility to the unique status and independence of the PTF |
|
for Member States who opposed its investigations finally led to |
|
the PTF's demise. In 2008, those Member States were able to |
|
successfully block further funding by the unit and the PTF was |
|
forced to close. Despite an admonition that the expertise and |
|
staff were to be incorporated into the OIOS, that did not |
|
happen. Despite this, PTF's efforts did not diminish and the |
|
professionalism to accomplish as much as possible did not wane. |
|
In the final months of the PTF's tenure, we identified--we |
|
completed five major corruption reports that had identified |
|
significant fraud and corruption, including a report on fraud |
|
in Iraq, significant and pervasive fraud in elections, roads, |
|
and rebuilding in Afghanistan, fraud and corruption in the |
|
Economic Commission of Afraid, and in several matters involving |
|
high value contracts for transportation in Africa. Despite |
|
that, as far as I am aware, and despite the recommendation, |
|
significant follow up has only been made in one case. |
|
The vision of the Under Secretary-General at the time for |
|
Financial Crimes Unit has been scuttled in place of a |
|
nondescript unit simply known as Unit 5 which until recently |
|
had but a few investigators and none with serious white collar |
|
fraud experience. At one time, investigators were informed that |
|
they were not going to investigate parties external to the |
|
organization, including tens of thousands of contractors that |
|
do business with the organization. Even worse, the former PTF |
|
investigators were subject to harassment and retaliation. Some |
|
were even the subject of investigations themselves for wholly |
|
spurious reasons, and when they were cleared by independent |
|
entities, no public mention was made of this fact. |
|
In short, all the achievements and advancements that were |
|
made by the PTF have since lapsed following its conclusion and |
|
the stark reality is that the ills that the U.N. experienced in |
|
the wake of the Oil-for-Food scandal are now distant memories |
|
in the halls of U.N. buildings and unless serious action takes |
|
place, there is no question history will repeat itself. |
|
Thank you. |
|
[The prepared statement of Mr. Appleton follows:] |
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Mrs. Schmidt. Thank you very much, and before I give myself |
|
my allotted 5 minutes, I think Mr. Berman wants to make a |
|
statement regarding his committee's side. |
|
Mr. Berman. Thank you very much. Simply to point out that |
|
this is a briefing, not a hearing because the committee has not |
|
yet formally organized. Both sides have a number of new members |
|
and it's my intention to wait until that organizational meeting |
|
to introduce our side of the new members' group. We're glad to |
|
have all these members, but we'll wait until the organizational |
|
meeting which is, as I understand it, now will not occur until |
|
after we come back from the recess in 2 weeks. |
|
Mrs. Schmidt. We wanted to get that piece of housekeeping |
|
out of the way. |
|
Okay, I'm going to budget myself 5 minutes, which means I'd |
|
like your answers to be very short and very concise. |
|
Mr. Yeo and Mr. Quarterman, you have talked about how |
|
important it is for the United States to pay our assessed dues |
|
in full, but you've worked in Congress and you know the biggest |
|
leverage we have with the Executive Branch is the power of the |
|
purse. Past history contradicts your arguments, like the 1990s, |
|
when we got substantial reform with the Helms-Biden agreement, |
|
which conditioned payment of past dues on specific key reforms. |
|
But I'd like to ask all of our briefers: If the U.N. agencies |
|
and other Member States know that we're going to pay our |
|
assessed contribution in full, no matter what, why on earth |
|
would they agree to real reforms? And the second part: So |
|
doesn't simple facts and logic call precisely for using our |
|
contributions as leverage and not just as paying our dues in |
|
full? I'm going to give you about 20 seconds each to answer |
|
that. |
|
Mr. Schaefer? |
|
Mr. Schaefer. Well, the short answer is that the U.N. |
|
regards U.S. assessments as an entitlement. They don't think |
|
that the United States should use those assessments as leverage |
|
and they resist reform in general. As I mentioned in my oral |
|
statement, the U.N. is nothing but patient. It is willing to |
|
outlast and wait for certain individuals to turn their |
|
attention to other matters. And you have to tie financial |
|
leverage if you want to get the U.N.'s attention. I mentioned a |
|
number of specific reforms in my written statement and I'd like |
|
it submitted for the record, if I could. |
|
Mrs. Schmidt. Mrs. Rosett? |
|
Ms. Rosett. There are two levers I have seen have any |
|
effect, shame and money. Money is far more powerful. The two |
|
are linked and the thing that I think does matter and should be |
|
done of the main focuses right away is we endlessly talk about |
|
transparency at the U.N. It is an endless game in which it is |
|
promised and again I refer you to that financial disclosure |
|
form where they disclosed nothing. And the Secretary-General |
|
boasts about it. |
|
There are things, especially in the digital age, that are |
|
both important for security reasons, important for information, |
|
and important for any reform. There should be enormous pressure |
|
for the U.N. to actually produce intelligible, consolidated |
|
databases. If you ask everyone in this room what is the U.N.'s |
|
system-wide budget you will get answers where actually the |
|
rounding errors are $5 billion. That's strange. That needs |
|
remedy. |
|
Mrs. Schmidt. Thank you. |
|
Ms. Rosett. Thank you. |
|
Mrs. Schmidt. Mr. Neuer? |
|
Mr. Neuer. We've always supported the United States paying |
|
its fair share of the dues. There's no question that U.N. |
|
agencies that are voluntary are known and U.S. diplomats will |
|
tell you to be far more accountable and to operate better. It's |
|
something that we see in Geneva regularly. |
|
In addition, there are, of course, U.N. agencies such as |
|
the Division on the Palestinian Affairs which gets some $5, $6 |
|
million every biennial budget that clearly ought to be anti- |
|
funded. |
|
Mrs. Schmidt. Mr. Yeo? |
|
Mr. Yeo. Over the past 5 to 6 years you've seen concrete |
|
changes in the way the U.N. is run whether it's in terms of |
|
ethics, oversight, personnel, all of which have occurred |
|
without any legislative threat between dues and reform, so we |
|
do not need the threat of withholding dues to actually make |
|
something happen at the U.N. to make it a more efficient |
|
institution. |
|
Second of all, 70 percent of all of America's assessed |
|
contributions to the U.N. each year are for U.N. peacekeeping. |
|
As a permanent member of the Security Council, we must actively |
|
support the creation and the change of any U.N. peacekeeping |
|
mission. So we already have more power than 187 other states at |
|
the U.N. that do not have the veto. |
|
Mrs. Schmidt. Thank you. Mr. Quarterman? |
|
Mr. Quarterman. Thank you very much. The U.S. has multiple |
|
needs at the U.N. It needs, of course, to oversee the use of |
|
its funds to make sure that those funds are used effectively, |
|
to make sure the U.N. is run effectively. It also has |
|
diplomatic needs. The United Nations, as Mr. Yeo pointed out, |
|
puts peacekeeping missions in the field, carries out a variety |
|
of other tasks as well. The U.S. has substantial influence over |
|
the shape and organization and deployment of peacekeeping |
|
missions, but it needs to--but I've seen that U.S. influence |
|
has lessened when the United States has not contributed and the |
|
diplomatic atmosphere is less positive. |
|
Mrs. Schmidt. Thank you. Mr. Appleton? |
|
Mr. Appleton. Thanks, very briefly, it's the only |
|
legitimate, real tool that can be used and it's what most |
|
officials inside the U.N. Secretariat are most fearful of. And |
|
the irony is that the fear of bad news is and its possible |
|
effect on donations is the reason why the organization is not |
|
transparent. Thank you. |
|
Mrs. Schmidt. Thank you. And in keeping with my policy of a |
|
firm 5 minutes. I've got 17 seconds left, so I'm going to yield |
|
back my balance and give Mr. Berman his 5 minutes. |
|
Mr. Berman. Well, thank you very much, Madam Chairwoman and |
|
I thank all of you for coming and for your excellent testimony. |
|
I found a great deal o fit very interesting and educational. |
|
Mr. Schaefer touches on an issue that I think we have to cope |
|
with, the notion that 128 of the member countries pay about 1 |
|
percent of the total U.N. regular budget and can drive in a |
|
non-consensus budget process. The thing is something that I |
|
think we do have to come to grips with. |
|
But Mr. Yeo's recent comment is--the comment he just made, |
|
that 70 percent of American expenditures that are assessed, go |
|
to the peacekeeping where no peacekeeping occurs if the United |
|
States doesn't want it to occur because those are ordered by |
|
the Security Council and we have a veto there. |
|
It adds a little context to what you were saying, Mr. |
|
Schaefer. I also find your testimony useful in that it told me |
|
things I had no idea that there were these regional commissions |
|
drawing and expending apparently significant sums of money and |
|
work that I have no idea what they do and I've never heard |
|
anything about them before. So I thank you for that. |
|
But I'd like to ask--and the other thing I might note |
|
though is if I listen to the harshest critics on this panel |
|
regarding the U.N., apparently nothing that the U.N. does do |
|
they find to be positive. It did seem to be the glass is |
|
completely empty sort of position. |
|
Mr. Neuer, I'd like to ask you a couple of questions. Do |
|
you agree with the opening statement essentially that the |
|
United States should not have joined the Human Rights Council? |
|
That's sort of a yes or no question. |
|
Mr. Neuer. Thank you. We welcomed the U.S. joining provided |
|
that they would do certain things. |
|
Mr. Berman. Do you think that the United States should get |
|
off that council right now? |
|
Mr. Neuer. No, we have not taken that position and we |
|
continue to urge the United States to do the things necessary. |
|
Mr. Berman. Do you think the United States should withhold |
|
the amount of dues one assumes is being spent by the Human |
|
Rights Council or a proportionate share of that dues? |
|
Mr. Neuer. It's not something we've taken a position on. |
|
Mr. Berman. You're not advocating that? |
|
Mr. Neuer. We haven't taken a position on that at this |
|
time. |
|
Mr. Berman. Okay. Do you think the U.S. role has produced |
|
some useful changes at the Human Rights Council? |
|
Mr. Neuer. Yes, there have been some changes in tone. One |
|
of them is described in my prepared testimony regarding, for |
|
example, defending the rights of NGOs and of course, the United |
|
States has stood with Israel. One example is something that |
|
happened today regarding the regional groups where the |
|
Secretary-General Ban Ki-Moon was addressing an Assembly in |
|
Geneva of all member states and Israel being excluded from any |
|
of the regional groups in Geneva, while it is a member of the |
|
western group in New York, it is excluded in Geneva. It was not |
|
represented when those five groups made their statements. The |
|
United States' mission stood for principal, stood with Israel |
|
disassociating itself from the western group's statement |
|
because Israel was excluded and discriminated against in that |
|
fashion. That's, of course, something that out to be saluted. |
|
Mr. Berman. In fact, if you don't mind, I'd like to quote |
|
in my remaining time that part of your prepared testimony that |
|
you weren't able to give because you summed it up. ``The |
|
council's abysmal record''--and I'm quoting you--``comes in |
|
spite of the determined efforts of a few stakeholders. In this |
|
regard, we commend the dedicated work of the U.S. delegation in |
|
Geneva. We have had the privilege to interact with Ambassador |
|
King, Ambassador Donahoe, and their colleagues, and we greatly |
|
appreciate their leadership and support. When UN Watch brought |
|
victims of Libyan torture to testify before the council, a |
|
string of repressive regimes interrupted and sought to silence |
|
them. The U.S. delegation spoke out and successfully defended |
|
the victims' right to speak. We equally appreciate the |
|
important work of Ambassador Barton and his colleagues at |
|
ECOSOC in defending the rights of NGOs'' of which your |
|
organization is one. So I appreciate you sharing this |
|
information and I yield back the balance of my time. |
|
Mrs. Schmidt. Thank you to my good colleague from |
|
California and now I'd like to turn it over to my good |
|
colleague from New Jersey, Mr. Smith, subcommittee chairman on |
|
Africa Global Health and Human Rights. |
|
Mr. Smith. I thank my good friend, the distinguished chair |
|
from Ohio, for yielding and welcome to the panelists. Thank you |
|
for your testimony. |
|
You know, last week, Hu Jintao evaded any meaningful |
|
accountability for presiding over some of the most egregious |
|
human rights abuses and violations in the world. By Friday, the |
|
press in China and I read much of the press were calling it a |
|
master stroke of diplomacy. At a press conference on Thursday, |
|
President Obama offered what the Washington Post called in its |
|
editorial President Obama makes Hu Jintao look good on rights' |
|
excuses for Chinese human rights violations. He said ``China |
|
has a different culture.'' Yes, it has a different culture. ``A |
|
wonderful culture.'' The people of China as expressed in |
|
Charter 08, desperately want human rights to be protected and |
|
tens of thousands of people languish in the Laogai simply |
|
because they wanted democracy and human rights protected, |
|
including Lu Xiaobo, the 2010 Nobel Peace Prize winner. |
|
President said they have a different political system. Yes, |
|
it's a dictatorship. And they rule by guns and force and |
|
torture. So those excuses were at best lame and I think they |
|
were very, very enabling and the press in China clearly shows |
|
that. |
|
But for the U.N.'s part, frankly, they have failed |
|
repeatedly; the Human Rights Council, CEDAW, the treaty body, |
|
which should have and continues to not hold China accountable. |
|
The Convention on the Rights of the Child treaty body has |
|
failed to hold them to account. In instance after instance, |
|
China, except for people like Manfred Nowak who is a great |
|
piece of torture in China, it is largely just brushed aside and |
|
the world community looks askance at China's egregious |
|
violations of human rights. Nowhere is this more egregious in |
|
my view than in the 30-year program known as the one-child-per- |
|
couple policy where brothers and sisters are illegal, where |
|
forced abortion is pervasive. It is every woman's story to be |
|
coerced into having an abortion or an involuntary |
|
sterilization. |
|
I met with Pong Piun, a woman who ran the program in the |
|
1990s and all she kept telling me was that the UNFPA is here |
|
and they see no coercion. Last week, Speaker Boehner asked Hu |
|
Jintao whether or not--about forced abortion--and what did Hu |
|
Jintao say? There's no forced abortions in China. When you |
|
deny, deny, deny and lie and deceive as they do and that's |
|
enabled by the UNFPA which has a program there and trains |
|
family planning cadres, that makes the UNFPA complicit in these |
|
crimes against women and crimes against humanity. |
|
Let me just mention a few final points and Mr. Yeo, you |
|
might want to speak to this. Ted Turner, in December at the |
|
Cancun meeting on global climate change, said that the U.N. or |
|
the world needs a one child per couple policy, again, brothers |
|
and sisters are illegal in China. The only way you enforce it |
|
is with coercion, heavy fines, and of course, this crime |
|
against humanity which the Nazis were held to account for at |
|
the Nuremberg War Crimes Tribunal as a crime against humanity |
|
because they practiced forced abortion against Polish women. |
|
Ted Turner said we need one-child-per-couple policy. Upon |
|
questioning, he said I don't really know the intricacies as to |
|
how it is implemented. Are you kidding? |
|
Mr. Yeo, you might want to speak to that. I have held 27 |
|
hearings on human rights abuse in China alone, most of those |
|
with a heavy emphasis on this terrible attack against women. |
|
This is the worst human rights violation of women's rights ever |
|
and we have been largely silent. The U.N. has been totally |
|
silent. Beyond that, they've been complicit. So if you could |
|
speak to that and Mr. Yeo, you might want to speak to it first. |
|
Mr. Yeo. Sure. Thank you, Congressman, first of all, for |
|
your passionate interest in this issue. You and I completely |
|
agree that a coercive abortion, coercive family planning and |
|
forced sterilization is absolutely outrageous. It has no place |
|
in any type of family planning programs anywhere in the world. |
|
So we 100 percent agree on this. |
|
Let me make two comments. First of all, in the context of |
|
UNFPA's work in China, they have repeatedly indicated to the |
|
Chinese that they oppose the coercive nature of the one-child |
|
policy and in the counties in which UNFPA was operating under |
|
its previous plan, the abortion rate went down, forced |
|
sterilization rate went down, and the rate at which people had |
|
access to voluntary family planning went up. |
|
What's happening now in the context of China is UNFPA is |
|
working directly with the Chinese Government to continue to |
|
emphasize the voluntary nature of their program. |
|
Mr. Smith. I'm almost out of time. Let me say very briefly, |
|
that is contested. And let me also say for everyone, we need to |
|
be considering the missing girls. Chai Ling, the great leader |
|
of the Tianneman Square, activist movement, who thankfully got |
|
out of China, she's running a group called All Girls Allowed, |
|
trying to raise the issue of the missing girls. One hundred |
|
million is one estimate. The disproportionate between males and |
|
females, completely attributable to the one-child policy. A |
|
terrible, terrible crime of gender. |
|
Mrs. Schmidt. Thank you very much to my good friend from |
|
New Jersey and to my other good friend from New Jersey--is this |
|
a New Jersey thing going on here? |
|
Mr. Sires, for 5 minutes. |
|
Mr. Sires. Thank you very much. You know for all the |
|
positives and the strengths of the U.N., I think it's |
|
overshadowed by its weaknesses and I'm not in favor of reducing |
|
money for the U.N., but I'll tell you, I'm getting very close. |
|
As I look at this Human Rights Council, I'm a Cuban- |
|
American. I lived in Cuba until I was 11 years old. I saw Che |
|
Guevara set up the firing squads. I see what's going on with |
|
the prisoners in jail. I saw Orlando Zapata die. I read all |
|
about it. I read what they do to the Women in White. I see what |
|
they do with Israel. I see that we have Alan Gross in jail for |
|
over a year. And the resolutions don't seem to come up. And |
|
what is the answer to reform? What do they do? They elect the |
|
Ambassador from Cuba as vice president of the council. |
|
My friends, it's not that we need reform. It's broken. You |
|
should throw it in the East River the whole committee. I mean |
|
it is just shameful that you have a Human Rights Commission |
|
that elects these people and all they do is beat up on the only |
|
democracy that we have and make a mockery of the human rights |
|
conditions in Cuba. |
|
So when you talk about reform, it is just so dysfunctional. |
|
It's so shameful. I don't even know how they can sit in a |
|
committee and have the Vice President talk about human rights. |
|
I believe they crank up the propaganda machine, 128 |
|
counties on any resolution, they vote against the interests of |
|
the United States all the time. So I guess I am frustrated as |
|
my colleague from New Jersey is. It's turning into a tool to |
|
beat up on this country. It's turning into a tool to protect |
|
themselves from criticism on human rights, so how do you reform |
|
it? Can anybody tell me? Other than--and I'm not advocating |
|
taking the money away, but I tell you, I'm getting very close. |
|
Peter, my friend? |
|
Mr. Yeo. Thank you for your question. Obviously, Cuba's |
|
human rights record, I couldn't agree with you more in terms of |
|
how dismal it is. I would just note though that since the |
|
United States has rejoined the council, Cuban influence over |
|
certain decisions has decreased significantly and in fact, Cuba |
|
opposed the creation of a special rapporteur in terms of |
|
freedom of assembly and was overruled on that move. |
|
Second of all, since the United States has rejoined the |
|
council, the council itself has spoken out on important human |
|
rights issues around the world, and has done so even over Cuban |
|
objections and the objections of other countries. By being at |
|
the table, the United States can stand up for our allies, can |
|
stand up for human rights. If we're not there, our voice goes |
|
away. And so the United States is an imperative to use the |
|
Human Rights Council as a way for us to stand up for human |
|
rights and for us to stand up for democracy. |
|
Mr. Sires. Mr. Schaefer, will you comment on that? |
|
Mr. Schaefer. The council hasn't passed a resolution on |
|
Cuba. |
|
Mr. Sires. I've been a rights advocate for 48 years and I |
|
never heard a resolution yet. |
|
Mr. Schaefer. The human rights advocates that go before the |
|
council are repeatedly abused and interrupted, intimidating |
|
them from speaking freely by Cuba and its allies on the |
|
council. The council is broken and a big part of the problem is |
|
the membership. The membership needs to change. There is a |
|
review that is mandatory this year for considering reforms to |
|
the council to try and improve it. And there needs to be |
|
serious membership criteria to keep countries like Cuba from |
|
getting on the council and influencing unduly its agenda. |
|
Mr. Sires. How do you do that when they have so much |
|
influence, some of these other countries? How do you keep these |
|
people away from this committee? |
|
Mr. Schaefer. Well, one way to do it is to force regional |
|
groups to offer competitive slates. I'm not saying that Cuba |
|
wouldn't get elected, but if there is actually a competitive |
|
election the chances of Cuba getting elected are diminished, |
|
and other countries with reprehensible human rights records as |
|
well. |
|
Mr. Sires. This is an election that elected the Vice |
|
President. This reminds me of the election in Cuba. Castro gets |
|
98 percent of the vote, but nobody else runs. |
|
Mr. Schaefer. If you take a look at the elections they |
|
have, most regional groups offer clean slates, meaning the only |
|
number of candidates that are open slots on the council are put |
|
forward. And so essentially it's a rigged election. You need to |
|
have competition so that viable candidates with better human |
|
rights records are on the ballot and hopefully they would draw |
|
more support. |
|
Another thing is that the Human Rights Council is funded |
|
through the U.N. regular budget so it's an assessed |
|
contribution. The U.S. can symbolically withhold the U.S. |
|
proportional amount of that, but it gets spread throughout the |
|
U.N. regular budget and so the council never really feels it. |
|
We need to spin those types of activities out of the U.N. |
|
regular budget so that if Congress is upset with the conduct of |
|
the council or its actions, it can directly target the council |
|
itself for the financial leverage that it has available to it. |
|
Mr. Sires. Thank you very much. Thank you for your time. |
|
Mrs. Schmidt. Thank you very much. And now I will turn to |
|
my good friend from California on the Subcommittee on Oversight |
|
and Investigations, the chairman. It's your turn, sir. |
|
Mr. Rohrabacher. Thank you very much. I've been trying to |
|
get a handle on how much money we're talking about. One of you |
|
referenced that it was--when you take a look at the overall |
|
picture and the very different things that we're talking about |
|
are part of the U.N. that was close to $5 billion. What are we |
|
talking about here? How much are we spending--or how much is |
|
the budget of all of these U.N.--yes? |
|
Mr. Schaefer. Congressman, that's an excellent question and |
|
to be honest with you, nobody really had an answer until fairly |
|
recently. Congress actually mandated that OMB consolidate all |
|
of the monies that the United States gives to the United |
|
Nations' organizations in general and the first report on that |
|
was produced by OMB in 2005. The most recent report by OMB said |
|
that the United States gave total $6.3-plus billion to the |
|
United Nations' system in 2009. The legislation---- |
|
Mr. Rohrabacher. Excuse me, is that what the United States |
|
gave or is that the budget for all---- |
|
Mr. Schaefer. That's what the United States gave in 2009. |
|
Mr. Rohrabacher. Oh. |
|
Mr. Schaefer. The best estimate I've seen for the entire |
|
U.N. system including regular budget and extra budgetary |
|
figures was $36 billion and that was produced in the U.N. |
|
report in 2010. |
|
Mr. Rohrabacher. Okay, and anyone else on the panel have |
|
more to add to that? |
|
Mr. Yeo. I would just add that in terms of U.S. |
|
contributions, the 2.1 that is sent every year in terms of our |
|
assessed contributions to peacekeeping is all done with |
|
American approval through the concept of the Security Council. |
|
Mr. Rohrabacher. Yes, through the Security Council which |
|
also I might add China has a veto over anything that can be |
|
done from the Security Council. So let's add that to America's |
|
approval. |
|
Yes, ma'am? |
|
Ms. Rosett. The answer is actually nobody knows. If you |
|
call the Secretariat which I do periodically and ask them what |
|
is the U.N. system-wide budget, the answer they do not even |
|
systematically keep track. And different agencies take in |
|
different amounts. The OMB figures are missing some items. So |
|
even the U.S. $6.3 billion answer isn't obvious. |
|
Mr. Rohrabacher. All right. |
|
Ms. Rosett. The U.N. has gone in for public/private |
|
partnerships, trust funds. That's why I'm saying what is needed |
|
is a consolidated, clear database that really tells you not |
|
just what they're budgeting but what they're spending, because |
|
right now--some years ago, former chairman Henry Hyde said he |
|
could not get a handle on the total budget. |
|
Mr. Rohrabacher. Let's just note that the chairman of this |
|
committee told us earlier, Mr. Berman, that he didn't even know |
|
about these regional U.N. operations and he's chairman of the |
|
Foreign Affairs Committee, for Pete's sake. I would say that |
|
we've got some work to do if we're going to be representing the |
|
interest of the American people. So maybe $6.3 billion, maybe |
|
more, out of a possible $36 billion budget--how much of that is |
|
of the $36 billion is China paying? |
|
Yes, ma'am? |
|
Ms. Rosett. They pay about a tenth of what the United |
|
States pays in assessed dues. For the rest, again, we simply |
|
don't know. If you ask for a consolidated statement, you can't |
|
get it. Each agency is supposed to keep track in itself. The |
|
agencies are opaque. There's no way to know. |
|
Mr. Rohrabacher. Let me just note with the answers we just |
|
got there is a global fund that fights AIDS, for example. And |
|
the United States has spent in the last 8 years, $4.3 billion. |
|
This isn't a U.N. agency. That's not even included in the $36 |
|
billion. So we spent $4.3 billion, that's 28 percent of all the |
|
contributions, similar to what we're doing. Yet, China has |
|
given $16 million to the fund. Let us note for just that fund, |
|
China has received $1 billion while contributing $16 million |
|
and let me just note that they've only had 38 cases a year of |
|
malaria and AIDS--or malaria, which is the malaria money that |
|
we're talking about that while the Congo has massive death from |
|
malaria, it received just $149 million to combat malaria is |
|
what China received, and the Congo which has massive problem, |
|
received $122 million. |
|
So in other words, you've got this big country, China, who |
|
is not contributing very much and receiving great benefits from |
|
these U.N. programs. We can't put up with that. This is absurd. |
|
When we have a $1.5 trillion deficit in this country, we're not |
|
going to put up with any more. What we're doing is loaning-- |
|
we're taking loans from China in order to give to U.N. programs |
|
that then are being ripped off by China. This has got to stop |
|
and I would say, Madam Chairman, that the U.N. should be one of |
|
our prime targets for reducing expenditures in order to bring |
|
down this deficit in our next few years. Thank you very much. |
|
Mrs. Schmidt. Thank you very much. And now I'd like to turn |
|
this over to Mr. Ted Deutch from Florida. |
|
Mr. Deutch. Thank you, Madam Chair. I'd like to follow up |
|
on where the ranking member left off, that is, the Human Rights |
|
Council and the United States role. The U.S. on a positive |
|
note, the United States helped block Iran's membership in the |
|
Human Rights Council and the United States helped mobilize a |
|
statement condemning repression in Iran, but I'd like to |
|
understand the process a little bit. |
|
How is it that of the 50 resolutions, Mr. Neuer, that |
|
condemned countries, 35 condemned Israel? Where do they |
|
originate? And ultimately, I'd like to talk about how we reform |
|
that. But if you could speak to that, please? |
|
Mr. Neuer. Sure, thank you. The resolutions, the 35 on |
|
Israel, for example, are all, as far as I can recall, |
|
introduced by the Islamic group and the Arab group at the Human |
|
Rights Council. They control an automatic majority. Of the 47 |
|
Member States, approximately 30 will approve anything that is |
|
introduced by these groups. The resolution could propose that |
|
the earth is flat and that resolution would be adopted by 30 |
|
votes out of 47. So the moment anything happens in the Middle |
|
East, or doesn't happen, these resolutions are being introduced |
|
and adopted automatically. And that's the problem. |
|
There's an automatic majority that is dominated by |
|
repressive regimes. There are countries who vote for them that |
|
are not repressive regimes, countries like India. That's a |
|
democracy, for example, or South Africa. Regrettably, they |
|
continue to vote along dynamics that are either consistent with |
|
the non-aligned movement, the anti-Colonial, anti-Western |
|
ideologies and so we have this majority. |
|
The question is, how can we stop it? And the answer in the |
|
near term is that we cannot stop these resolutions and it is |
|
almost impossible to pass a resolution. As we heard before, the |
|
situation in Cuba, an organization, Human Rights Watch, has |
|
worked with victims from Cuba, like Nestor Rodgriguez Lobaina |
|
who has been beaten up and was denied permission to attend a |
|
human rights summit that we organized last year. It's |
|
impossible to pass a resolution on these situations. |
|
However, and this is a critical point, we spoke here today |
|
about the power of the purse. Well, at the U.N. that resides in |
|
New York and the General Assembly. Geneva Human Rights Council |
|
has the power of shame. It is very significant. It is the power |
|
to turn an international spotlight on some of the worst abuses |
|
of the world that would otherwise go hidden and to help victims |
|
who have no independent voice, no freedom of the press, or free |
|
Parliament, or free judiciary. And what we have not seen is a |
|
determined effort by the democracies, the United States, the |
|
European Union, and others, to introduce resolutions even if we |
|
know they're going to fail. And being in the opposition, as |
|
members here will know, has a lot of tools. |
|
And what we want to see is resolutions introduced on Iran, |
|
on Cuba, on China, on Zimbabwe. Even if they fail, the |
|
attention, the diplomatic energy and commotion that is |
|
generated would have, in our view, the same effect and would |
|
take the offensive and put the worst abusers on the defense. |
|
Mr. Deutch. Is there some history of that? Are there |
|
resolutions that have been proposed and rejected that would |
|
further our human rights agenda? |
|
Mr. Neuer. Not at the Human Rights Council, but previously |
|
at the Human Rights Commission under the Bush administration |
|
this did happen. There were resolutions introduced on China, on |
|
Zimbabwe that failed. And in our view, had a positive effect. |
|
Mr. Deutch. In the short time left, Mr. Schaefer, you |
|
talked about membership standards. I'm intrigued. I think that |
|
would permit us to have a frank discussion about the nature of |
|
the nations that are making determinations about human rights |
|
standards throughout the world. Can you elaborate a bit? |
|
Mr. Schaefer. Sure. The resolution that created the U.N. |
|
Human Rights Council said that countries have to submit a |
|
declaration of their dedication to human rights. So you have |
|
this farcical process wherein China or Iran submit their human |
|
rights bona fides to the United Nations General Assembly saying |
|
why they deserve to be elected to the U.N. Human Rights Council |
|
and no one pays attention to it. I think that there needs to be |
|
an outside evaluation of that, perhaps by NGOs, Freedom House, |
|
some other organizations could take a look at that and give an |
|
assessment, an objective assessment of the actual grades and |
|
hopefully, that could influence the process. Perhaps if you |
|
move away from a secret ballot to a recorded vote on some of |
|
these things you may actually see some changes in votes, but |
|
the key thing, I think, is moving to a competitive election, |
|
rather than a clean slate election wherein countries are just |
|
locked into it. |
|
Mr. Deutch. I only have a few seconds. Could you speak |
|
though to the credentials that China, for example, would have |
|
put forth to justify its membership? |
|
Mr. Schaefer. It said that it had freedom of assembly. It |
|
said that it was a democracy. It said that they respected |
|
freedom of the press. I mean you can go---- |
|
Mr. Deutch. Iran as well? |
|
Mr. Schaefer. Iran as well, all across the board. These |
|
countries basically say they espouse the fundamental freedoms |
|
endorsed in the U.N. charter and in the universal declaration |
|
because that is the criteria you're supposed to meet in terms |
|
of being eligible for a council seat. |
|
Mr. Deutch. Thank you very much. Thank you, Madam Chair. |
|
Mrs. Schmidt. Thank you, and now I'd like to give 5 minutes |
|
to my esteemed colleague from southern Ohio, Steve Chabot, |
|
Subcommittee on Middle East and South Asia, chairman. |
|
Mr. Chabot. Thank you, Madam Chairwoman. Before I get in a |
|
couple of questions, I want to tell you a personal thing that |
|
happened. For a year, I was the Republican representative from |
|
Congress to the United Nations. Each year we have one |
|
Republican and one Democrat. And it was the year after 2001, |
|
coincidentally. And we happen to be at the U.N. and the topic |
|
for discussion at this U.N. event was human trafficking and |
|
international child abduction and that sort of thing. And we |
|
spent a lot of the day in meetings all over the place. Well, it |
|
turned out even though that was supposed to be the topic, most |
|
of our U.N. diplomats spent most of the day behind the scenes |
|
trying to prevent the Arab bloc from kicking Israel out of the |
|
conference. And it seemed to be apparently just a typical day |
|
at the U.N. |
|
The U.N. needs to be completely overhauled. We talked about |
|
this, the Human Rights Council and you have Cuba and Libya and |
|
the rest of them on there, probably the world's worst abusers |
|
of human rights and I think number one, relative to our dues, |
|
we shouldn't give a penny to the U.N. until they disband that |
|
Human Rights Council and completely overhaul it and completely |
|
reform it. That's just one member's up here view. |
|
But let me get to a couple of questions. The U.N. |
|
Humanitarian Agency for Palestinian Refugees, UNRWA, refuses to |
|
vet its staff for aid recipients for ties to terrorist groups. |
|
It doesn't even think Hamas is a terrorist organization. It |
|
engages in anti-Israel and pro-Hamas propaganda and banks with |
|
Syrian institutions designated under the USA Patriot Act for |
|
terror financing and money laundering. Why is the United States |
|
still the largest single donor? Why have we given them about |
|
$0.5 billion in the last 2 years alone? Why hasn't the United |
|
States publicly criticized UNRWA for these problems and |
|
withheld funding until it reforms, given that Hamas controls |
|
security in Gaza and that Hamas has confiscated UNRWA aid |
|
packages in the past? How can we possibly guarantee that U.S. |
|
contributions to UNRWA will not end up in Hamas' hands? |
|
And I'd invite any, maybe two folks on the panel to take |
|
this before I get to my last question. |
|
Yes, Ms. Rosett? |
|
Ms. Rosett. You can't guarantee it. In fact, it does. A |
|
conversation I had with someone--UNRWA is headquartered in Gaza |
|
and basically provides support services for what has become a |
|
terrorist enclave. So they've actually created a terrorist |
|
welfare enclave there. And I asked, ``How do you vet your staff |
|
to make sure that they are not terrorist members of Hamas?'' |
|
The answer I was given was, ``We check them against the U.N. |
|
1267 list.'' That sounds very impressive, unless you happen to |
|
know that the 1267 list is al-Qaeda which is maybe a problem in |
|
Gaza, but it's not the main problem. The problem is Hamas. |
|
The U.N. has no definition of terrorist. Therefore, what |
|
that means is it does not recognize Hamas or Hezbollah as |
|
terrorists. In other words, there really is no way. They don't |
|
check--in order for you to check, you would have to ask for a |
|
full accounting of who exactly is spending the money in Gaza. |
|
And may I just say in looking at the things that do come out of |
|
UNRWA that are visible, I pondered--I came across UNICEF |
|
country appeal in which they were asking donations from inside |
|
Iran for a Gaza appeal. Remember, Iranian-back terrorist Hamas |
|
runs Gaza where UNRWA is headquartered. |
|
Mr. Chabot. Let me go to my last question. I appreciate the |
|
response. |
|
Ms. Rosett. Sure. |
|
Mr. Chabot. In September, the United Nations is scheduled |
|
to hold an anniversary celebration of the infamous Durban |
|
Conference on racism, taking place only days after the tenth |
|
anniversary of the September 11th attacks on this nation. This |
|
Durban III Conference is likely to feature the same hateful, |
|
anti-American, and anti-Israel rhetoric that characterized the |
|
previous two conferences. Canada and Israel have both announced |
|
that they will not attend, but the U.S. administration has |
|
refused to announce a boycott of the event. |
|
Shouldn't the United States immediately join Israel and |
|
Canada in announcing that it will not participate in or support |
|
Durban III and isn't there no hope that the conference will |
|
address real issues of racism, given that it would be |
|
commemorating the biased Durban declaration of 2001? And |
|
shouldn't we finally give up on this failed Durban process and |
|
seek credible alternatives? |
|
I've got 30 seconds, so yes, sir. |
|
Mr. Schaefer. I think that that's entirely likely. In fact, |
|
the Obama administration boycotted the Durban II conference |
|
because of concern that it was not going to be addressing the |
|
issues in an unbiased fashion in regards to Israel. And that's |
|
likely to occur again. I'm kind of startled that they haven't |
|
made a strong statement in that regard and announced a boycott |
|
already. |
|
One thing I will mention is that conference and UNRWA also |
|
received money through the U.N. regular budget, so it's |
|
assessed, and the U.S. withholding is extremely impeded by this |
|
assessed process. If we decide to withhold our proportional |
|
amount to UNRWA or to this conference from the U.N. regular |
|
budget, again it gets spread around and therefore the U.S. |
|
target of that withholding is insulated from that effort. |
|
Mr. Chabot. Thank you. |
|
Mr. Schaefer. So we need to spin these activities outside |
|
and have them be voluntarily funded. |
|
Mr. Chabot. Thank you. |
|
Mrs. Schmidt. And now I'd like to turn to my good friend |
|
from Rhode Island, Mr. Cicilline, for 5 minutes. |
|
Mr. Cicilline. Thank you, Madam Chair. I want to first |
|
associate myself with the remarks of our ranking member and |
|
recognizing that we have much work to do in reforming the |
|
United Nations and thank him for identifying some of those |
|
issues. I think we all recognize we live in an increasingly |
|
complex and interconnected world with a growing global economy |
|
and so I think we have a responsibility to figure out how we |
|
strengthen and improve the operations of the United Nations. |
|
And one of the areas, the question I want to ask relates to |
|
the peacekeeping function of the United Nations, recognizing |
|
that the United Nations peacekeepers are in 14 of the most |
|
dangerous places in the world and has the second largest |
|
deployed military presence in the world. And looking at kind of |
|
the costs because a lot of this conversation is about costs. We |
|
spent in this country in 2010 $70 billion in Afghanistan and |
|
over the last 10 years we've spent over $1 trillion in Iraq and |
|
Afghanistan. |
|
There was a GAO study that said that the U.N. is eight |
|
times less expensive than if the U.S. were to do much of this |
|
work unilaterally. The RAND Corporation said that the U.N. has |
|
been effective as a peacekeeping force. And so in light of that |
|
and in light of the fact that under both President Bush, both |
|
Democrat and Republican administrations, there seems to have |
|
been an increased number of missions in terms of the |
|
peacekeeping function. |
|
I just wanted to hear from the witnesses about, you know, |
|
are there improvements that need to be made in that area? It |
|
seems to be effective, certainly cost effective in terms of |
|
what we would spend if we were to engage in unilateral action |
|
and are there--so is there some consensus on the panel that |
|
that's a function that is bringing peace to the world, doing it |
|
in a cost efficient way and that it isn't as if we do nothing? |
|
We'd have to respond to some of these issues and at a cost |
|
sometimes eight times as expensive. Is that a fair analysis? |
|
Mr. Yeo. Thank you, Congressman, for your question. I would |
|
say that first of all there is room for improvement in terms of |
|
peacekeeping. The Secretary-General has launched a 5-year |
|
strategy to ensure that we better have the capability to launch |
|
peacekeeping missions quickly and that the cost associated with |
|
running the missions are shared between missions through |
|
regional centers so there are concrete measures that are being |
|
considered that we can move forward with to make the missions |
|
themselves more efficient and more cost effective. |
|
The other point I would note is that the U.N. does have |
|
strong special political missions in Afghanistan and Iraq. And |
|
as we think about our extensive involvement in both of those |
|
countries and the presence of American troops, the U.N. will be |
|
there for a decade to come, working with the governments, |
|
promoting peace and stability and security so that when |
|
American troops come home, we leave behind strong and effective |
|
governments that can combat terrorism in both of those |
|
countries. And I think that that's an important role for the |
|
U.N. to play moving forward. Thank you. |
|
Mr. Schaefer. The U.N. peacekeeping operations often |
|
support U.S. interests. There's nobody, I don't think, that |
|
would deny that characterization. But I think that the analysis |
|
that was provided by the studies is subject to an inherent |
|
assumption that I don't think is true. That is the assumption |
|
that the United States would be conducting these operations if |
|
the U.N. weren't. I don't think that that's necessarily the |
|
case. I think that the decision would go to U.S. interests. But |
|
that being said, the U.N. operations there often do support |
|
U.S. interests, if not U.S. core interests that would lead to a |
|
U.S. direct intervention. |
|
But U.N. peacekeeping also has a number of flaws and there |
|
are a number of things that need to be addressed substantially. |
|
An OIOS report audit of $1 billion in U.N. peacekeeping found |
|
that over a quarter of it, $265 million was subject to waste, |
|
corruption, fraud, and abuse. A 2007 OIOS report examined $1.4 |
|
billion in peacekeeping contracts and turned up significant |
|
corruption schemes that tainted $619 million or over 40 percent |
|
of that amount in terms of the contracts due to corruption. |
|
An audit of the United States mission in Sudan revealed |
|
tens of millions of dollars lost to mismanagement, waste, and |
|
substantial indications of fraud and corruption. So there is a |
|
lot that needs to be done here and not enough has been done to |
|
address these problems. |
|
And on the issue of sexual abuse and misconduct, all too |
|
often the U.N. fails to hold these individuals to account for |
|
their sexual misconduct and their criminality. They are often |
|
sent home, but very, very rarely are cases pursued or |
|
individuals brought to trial or punished for their crimes. |
|
Mr. Cicilline. Thank you. I yield back the balance of my |
|
time. |
|
Mrs. Schmidt. Thank you. Now I'd like to give 5 minutes to |
|
the gentleman from South Carolina, Mr. Duncan. |
|
Mr. Duncan. Thank you, Madam Chairman. First off, let me |
|
say that I appreciate the comments made by the distinguished |
|
gentleman from New Jersey, Mr. Smith, and I thank him for the |
|
passion with which he makes them. It hit home with me and |
|
actually answered one of the questions that I was going to |
|
address the panel. |
|
So let's turn back to the budgeting and financing issues, |
|
and I want to address my comments to Mr. Schaefer first. I |
|
agree with many of the members and presenters here today that |
|
reforms in U.N. financing and budget is an absolute necessity. |
|
I think that we must ensure as Congress and stewards of |
|
taxpayer dollars that they are well spent and well accounted |
|
for. |
|
So given the level of support that the United States gives |
|
to the U.N. and taken with the relatively small amount |
|
contributed by other Member States, could you address the |
|
possibility of a weighted voting system which would assure that |
|
the U.S. has more input on how taxpayer dollars are spent? I |
|
know you addressed those in your comments, but I'd like to have |
|
those on the record. |
|
Mr. Schaefer. There are a number of different options that |
|
could be explored in terms of giving major contributors more |
|
influence over U.N. budgetary decisions. In the 1980s, |
|
congressional legislation led the U.S. to seek weighted voting |
|
on U.N. budgetary matters so that if the U.S. pays 22 percent |
|
of the U.N. regular budget, it would have 22 percent of the |
|
weighted vote in terms of approving that budget. That was |
|
opposed by the U.N., but the Reagan administration succeeded in |
|
getting what was a compromise wherein the U.N. budget would |
|
only be adopted by a consensus vote. Through that process and |
|
the U.S. policy of a zero nominal growth budget, the United |
|
States was able to oppose budget increases and constrain U.N. |
|
budget growth in the late 1980s and 1990s. But it wasn't |
|
actually able to reduce things because even though the U.S. |
|
could stop an increase, other countries could stop a reduction. |
|
And so you essentially had a tug of war that kept things at a |
|
status quo. That consensus-based agreement, the informal |
|
agreement of adopting the budget by consensus has been |
|
shattered in recent years. |
|
The U.S. presented a number of proposals for reducing the |
|
U.N. budget and eventually a budget was proposed that the U.S. |
|
opposed. It voted no. And that budget was approved over the |
|
objection of the United States and so that consensus process no |
|
longer exists. And the U.N. could do this without any kind of |
|
repercussions because the teeth behind the consensus-voting |
|
agreement was legislation that said if the U.N. adopted a |
|
budget over the objection of the United States or without those |
|
processes in place, it would be subject to financial |
|
withholding. That legislation was removed in the early 1990s |
|
and so now there are no repercussion for doing that. |
|
So even though the consensus budget was successful in a |
|
certain way in terms of constraining the U.N. budget growth, it |
|
wasn't successful in what we would like to do, I think, in |
|
terms of trying to go through the U.N. budget and eliminate |
|
funding for duplicative or outdated mandates and spinning |
|
certain things out of the U.N. budget. |
|
So I would do a couple of things. First, I would try and |
|
seek a dual key approval of the U.N. budget, one approval by |
|
two-thirds of the U.N. Member States, but also requiring two- |
|
thirds approval of the contributions to the U.N. regular |
|
budget. So you have major contributors having to approve the |
|
budget alongside the bulk of the U.N. Member States. But more |
|
importantly, I would focus on trying to spin as much of the |
|
independent activities of the U.N. out of the regular budget, |
|
so you just focus it on the core support of the U.N. |
|
Secretariat of the Security Council of the General Assembly of |
|
the International Court of Justice and so forth, the core |
|
organizations of the United Nations. And spin out activities |
|
like the Human Rights Council and the regional commissions, the |
|
various human rights committees, UNEP, UNRWA, all these other |
|
organizations that are funded through U.N. regular budget and |
|
have them be funded voluntarily. That gives Congress much more |
|
discretion in terms of financing programs that it thinks |
|
support U.S. interests and withholding funding from programs |
|
that do not. |
|
Mr. Duncan. Thank you. In the balance of my time, I'd like |
|
to ask quickly, Ms. Rosett. You made a statement a minute ago |
|
that struck me that we don't have a good accounting of how the |
|
money is spent. |
|
What's the process of getting that started? I think |
|
congressional oversight would like to see a detailed accounting |
|
of the number spent in the U.N. |
|
Ms. Rosett. You would have to find a way to get the U.N. to |
|
actually put it in and produce. I would say the more specific |
|
request or demand is made outlining what really has to be there |
|
the better, because if you leave it to their discretion, you |
|
will end up with the again, I refer you to the back of my |
|
written testimony, the sample one-page document disclosing |
|
nothing that pretends to be financial disclosure. |
|
You would probably have to hand them the template, here's |
|
what we want and what you will find--I'll give you one example. |
|
The U.N. flagship agency, the U.N. Development Program which |
|
was involved in the North Korea Cash-for-Kim scam. They have |
|
procurement Web sites which look--they have a main Web site |
|
which looks quite neat, if you just look at it, until you start |
|
looking for things that actually matter. For instance, start |
|
asking and what exactly did they ship into Iran last year with |
|
their U.N. immunities, this agency that shipped missile, dual |
|
use parts that could be used for missile production to North |
|
Korea and you won't find anything. You would need to specify |
|
what--exactly what you want to see and I would strongly |
|
recommend, we see U.N. budgets and even that is like |
|
deciphering Sanskrit. |
|
Mr. Duncan. Thank you. |
|
Ms. Rosett. You would need to ask spending. |
|
Mrs. Schmidt. Thank you. Now I'd like to give 5 minutes to |
|
the gentlelady from California, Mrs. Bass. |
|
Ms. Bass. Thank you very much and I'd like to thank the |
|
witnesses for taking their time to present testimony today. I'm |
|
struggling with the idea of the U.S. withholding funding and |
|
wanted to know if you could articulate a little more. We have |
|
done that in the past and I'd like for you to elaborate on how |
|
we were able to impact reforms when we withheld funding before. |
|
And then if we did do that, what does that do to our standing |
|
internationally? |
|
And if you think about the Iran sanctions that made it |
|
through the Security Council, if we were to withhold funding, |
|
then what kind of position would that put us in when we then |
|
obviously want the U.N. to have those sanctions? And maybe you |
|
have some other examples of how we could impact reforms that |
|
didn't involve withholding funds. |
|
Mr. Schaefer. I'd be happy to talk about that. My written |
|
testimony I actually go through a number of historical |
|
instances where Congress has used its financial leverage to get |
|
the United Nations to adopt specific reforms. One was the |
|
Kassebaum-Solomon amendment in the 1980s which led to the |
|
consensus-based voting process which helped constrain U.S. |
|
budget growth in the 1980s and 1990s. A second was |
|
congressional withholding, demanding that the U.N. create an |
|
Inspector General equivalent organization. That led directly to |
|
the creation of the Office of Internal Oversight Services in |
|
1994. And third was the Helms-Biden legislation wherein the |
|
United States agreed to pay U.S. arrears to the United Nations |
|
in return for certain specific reforms including reductions in |
|
the U.S. level of assessment for the regular budget and for |
|
peacekeeping. Under that agreement, the U.N. was supposed to |
|
reduce the U.S. peacekeeping assessment to 25 percent. It never |
|
reached that level, although it did get within 2 percentage |
|
points back in 2009. More recently, the U.N. has actually |
|
reversed pace and increased the U.S. assessment for U.N. |
|
peacekeeping to over 27.1 percent. So we're seeing some back |
|
tracking on the part of the U.N. in terms of the reforms that |
|
they agreed to in return for Helms-Biden. So you do see that |
|
there are specific pieces of congressional legislation and a |
|
specific response by the United Nations that is tied to that |
|
legislative effort. |
|
Other types of U.N. reform have been pursued, but often it |
|
is out of a fear that Congress may do something about the |
|
issue. For instance, the Volcker Commission was created to |
|
investigate the Iraqi Oil-for-Food Programme and that was |
|
created specifically because Congress was becoming very, very |
|
interested in pursuing the matter itself and so the U.N. took |
|
preemptive action and created the Commission. You could also |
|
say that U.N. peacekeeping rules and regulations, while |
|
insufficient still, were adopted in part because Congress was |
|
focusing through hearings and other pieces of legislation on |
|
that problem. |
|
I think Congress has a vital role to play for pressing for |
|
U.N. reform. In terms of how it affects our diplomacy, there's |
|
no doubt that pressing for budgetary cuts and U.N. reform |
|
ruffles feathers at the United Nations. They'd much rather |
|
spend their time focusing on other things. But that is a long- |
|
term issue and U.S. administrations have historically focused |
|
on short-term political priorities, passing a resolution, |
|
getting something immediately done to address a more imminent |
|
problem from their perspective. Congress has a longer-term |
|
perspective on this and I think that's where they complement |
|
each other. Congress can play a bad cop role, the |
|
administration and State Department diplomats can play a good |
|
cop role. Having Congress playing the heavy can actually |
|
improve prospects for reform in the United Nations. |
|
Ms. Bass. So then you're not necessarily suggesting that we |
|
completely defund the U.N.? |
|
Mr. Schaefer. No. |
|
Ms. Bass. Just threaten? |
|
Mr. Schaefer. No. I think we should withhold to try to spur |
|
specific reforms, but I'm not saying withhold every single dime |
|
that we give to the United Nations. I think that a lot of the |
|
things that the U.N. does are very useful and support U.S. |
|
interests. But there's no doubt in my mind that a number of |
|
reforms that have been advocated in the past remain undone. |
|
Some talk has been made about the U.N. Ethics Office. Yes, they |
|
created a U.N. Ethics Office, but almost immediately the |
|
authority of that office was challenged by the United Nations |
|
Development Program. The Ethics Office found that UNDP's |
|
retaliation against a whistleblower was illegitimate, demanded |
|
UNDP to take certain actions to repair that issue. And UNDP |
|
rejected the authority of the U.N. Ethics Office. The |
|
Secretary-General, instead of backing his own Ethics Office, |
|
backed UNDP. Now you have divergent ethics standards throughout |
|
the U.N. system and NGOs that analyzed this issue say they're |
|
completely inadequate and weak compared to international |
|
standards. |
|
More recently, the OIOS official in charge of |
|
investigations was charged with retaliation against two |
|
whistleblowers himself and he also rejected the authority of |
|
the Ethics Office. So there's a question of whether the Ethics |
|
Office even has authority within the U.N. Secretariat. |
|
Ms. Bass. Thank you. |
|
Mrs. Schmidt. Thank you. And now I'd like to give 5 minutes |
|
to my good friend from California, Mr. Royce, of the |
|
Subcommittee on Terrorism and Nonproliferation. |
|
Mr. Royce. Brett, Mr. Schaefer, the case you were talking |
|
about, was that the North Korean case or the---- |
|
Mr. Schaefer. In terms of UNDP---- |
|
Mr. Royce. The example you just gave. |
|
Mr. Schaefer. Yes, it was. |
|
Mr. Royce. I'd like to ask Claudia, Claudia Rosett about |
|
this because she's reported for many years on this situation |
|
with respect to North Korea. One of the things I remember is |
|
talking to a defector from North Korea who had worked in the |
|
missile program. He said every time the regime ran short of |
|
hard currency it couldn't purchase on the market the equipment |
|
it needed for the missile technology, and had to wait until the |
|
regime could come up with more hard currency. The part that |
|
concerns me about this whole process is that $6 billion spent |
|
by the UNDP per year, and half of it goes to authoritarian |
|
regimes, according to Freedom House. We're learning more and |
|
more about how that money is spent in countries like Iran and |
|
Zimbabwe. We have concerns about how it's spent in Syria and |
|
Venezuela. But North Korea in particular is a case where if we |
|
thought that this currency was going for fine wine and sushi |
|
for the ``Dear Leader,'' it would be one thing, but the |
|
suspicions that the use of the hard currency and the |
|
documentary evidence, and that's what I'd like to get into here |
|
for a little bit with you Claudia, basically, it was a case of |
|
the checkbook for the UNDP being turned over to the regime. |
|
The CFO was picked by the regime. And when somebody blew |
|
the whistle on this, the UNDP unanimously, just as they have in |
|
every other case circled the wagons to basically try to cover |
|
this up. But North Korea was able to use the UNDP to procure |
|
dual use items in the name of development and then they got |
|
their hands on equipment that happens to also be used to |
|
develop and target and test missiles. And that's the part that |
|
really makes us wonder about the amount of contribution we made |
|
here in the United States, I think about $290 million a year or |
|
more than that. We're one of the top three donors into this |
|
program and yet we have no ability to get across to the UNDP |
|
that we're not going to finance our own suicide here by |
|
allowing hard currency to get in to the development of nuclear |
|
weapons or how to deliver them with missiles. |
|
The questions I'd ask Claudia is--I remember they |
|
temporarily shut this down and then it started right up. So how |
|
much money now is moving into North Korea? Is Kim Jong-Il still |
|
able to pick the CFO for this position? I don't know the answer |
|
to that. What's going on with the program today? How much do we |
|
know? |
|
Ms. Rosett. Well, once again we don't know enough. I will |
|
tell you a few things about the U.N. Development Program which |
|
ran this office in North Korea and is now running it again. Two |
|
years ago, its governing body at the U.N., a 36-member |
|
executive board was chaired by Iran. This was while Iran was |
|
having the murderous riots in the streets. Iran still sits on |
|
the board. When Cash-for-Kim broke, North Korea was sitting on |
|
the board. This is the flagship U.N. agency and so on. |
|
I am actually less concerned with the exact amount that |
|
is--of dollars that is going into this program in North Korea |
|
than with the abilities it gives the UNDP Office in Pyongyang |
|
and North Korea to bring in items or UNDP in Iran which we have |
|
no insight into right now. These places only become transparent |
|
when there's a major inquiry and it took more than 1\1/2\ years |
|
to pry out of the U.N. the information that finally told us |
|
that the UNDP had been bringing things like a satellite image |
|
receiving station into North Korea. North Korea is a starving, |
|
poor country. Certainly the people there need help. The |
|
government there puts the military first. You don't need to be |
|
bringing that kind of equipment in. That was clearly a North |
|
Korea shopping list which UNDP rushed to procure for them. |
|
One thing that Congress might do is ask the Bureau of |
|
Commerce to produce something I can't get. It's confidential. |
|
The export licenses for all U.N. purchasing abroad, because |
|
that will show you what the U.N. is requisitioning, at least in |
|
this country. You might get a glimpse. I venture to guess it |
|
would make your jaw drop. And it would be useful if other |
|
countries would produce similar lists. |
|
The point I think is really important to get across here is |
|
the U.N. is a brilliant machine for laundering goods and money |
|
across borders with no oversight. That needs looking at. |
|
Mr. Royce. We will do that, Madam Chair, this committee |
|
will do that and I appreciate the testimony of the panel. |
|
Mrs. Schmidt. Thank you. And now I would like to turn my |
|
attention to our good friend from Missouri, Mr. Carnahan. |
|
Mr. Carnahan. Thank you, Madam Chair, and I want to thank |
|
Madam Chair and ranking member for holding this hearing, our |
|
witnesses for being here. I believe it's very important that |
|
the United States is at the table at the U.N., at the table |
|
engaged in various international organizations. Even though the |
|
issues are complex, the parties are difficult and the |
|
bureaucracies entrenched at the U.N. I think we have to be |
|
looking at ways to best leverage the U.S. involvement and I |
|
think also the best exercise, congressional oversight. So I |
|
appreciate you all being part of this process. |
|
I wanted to ask Mr. Neuer, the Human Rights Council has |
|
properly come up in this discussion today. Last year, we had a |
|
hearing on the rise of anti-Semitism around the world and the |
|
council clearly came up in those conversations. There's been |
|
some very well directed and well founded criticisms of the |
|
council, but there also have been some successes and some |
|
improvements in the council with our involvement. I wanted to |
|
ask your assessment on the progress that's been made since we |
|
have rejoined and whether or not you think we could have made |
|
these improvements if we were not at the table. And do you |
|
think that were the U.S. to leave the council would that stymie |
|
further progress? |
|
Mr. Neuer. Thank you. The changes that have been made in |
|
our view have been mere specks on a radar screen for a |
|
situation that is abysmal. As I presented in my oral summary, |
|
in my written testimony, the state of human rights at the U.N. |
|
is a disaster at the Human Rights Council. And so in terms of |
|
U.S. involvement, as the ranking member read from my prepared |
|
statement, we certainly salute the determined efforts of the |
|
U.S. mission in Geneva. They are trying their best. They are |
|
doing what they can. They have tried to defend principles, to |
|
defend human rights groups who bring victims and so forth. |
|
There have been a number of resolutions which we welcome, on |
|
Ivory Coast recently, on Kyrgystan and on one or two others. |
|
These resolutions haven't had the strength of some other |
|
resolutions. They haven't all been condemnatory. The one on |
|
Kyrgystan, for example, was introduced regarding a situation |
|
that had happened under a previous government, so it wasn't |
|
necessarily the most courageous text in condemning a seated |
|
government and holding it accountable and that's been a pattern |
|
that we've seen on some resolutions that appear to be |
|
meaningful, but in fact, are critical of prior governments. |
|
So again, we encourage U.S. efforts and we want them to do |
|
far more. And as we've said, we still don't understand why |
|
nothing has been introduced on Iran. Actually, we've crunched |
|
the numbers. As you know, there is a resolution in General |
|
Assembly that is adopted each year. It's run by Canada. And it |
|
passes in the General Assembly in New York. And if you run the |
|
numbers, actually, in theory, if the missions in the Geneva |
|
would vote the same way, the 47 countries, you would have more |
|
yes votes than no votes. So actually with significant |
|
diplomacy, we could have a resolution on Iran that would pass. |
|
It wouldn't be easy. |
|
Why is it not being introduced? I don't know the answer to |
|
that question. I hope it will be introduced and I hope we'll |
|
see the creation of a special investigator on the massacres |
|
that have taken place in Iran. So to summarize, we have always |
|
supported robust engagement. UN Watch was founded by a former |
|
United States Ambassador, Morris Abram, who was a civil rights |
|
leader as well. We've always believed in the value of U.S. |
|
leadership and engagement and in our recommendations that we |
|
submitted here last year which was co-sponsored by bipartisan |
|
group, Representative Engel and Congresswoman Ros-Lehtinen, we |
|
set forth numerous recommendations for what the U.S. working in |
|
concert with the European allies need to do and fundamentally |
|
it's to take the offensive. It's not to allow the abusers to |
|
veto and to only introduce that which will pass. That will |
|
really limit it to countries of little influence. As I said, |
|
Iran, China, Syria, the list goes on, have all been ignored. |
|
That is something that is not satisfactory. |
|
Mr. Carnahan. Thank you. And quickly to go to Mr. Yeo, with |
|
regard to the Millennium Development Goals, your colleague, |
|
Kathy Calvin, testified last year at our hearing. I'd like to |
|
hear your thoughts on how the U.N. can best partner with the |
|
private sector and what U.S. engagement has meant to those |
|
efforts. |
|
Mr. Yeo. Sure. I would say that as we think about shrinking |
|
national budgets for foreign aid and foreign assistance, |
|
public-private partnerships, including corporations around the |
|
world who wish to support the NDGs' and the U.N.'s work, are |
|
very important. It's something that we try to facilitate at |
|
UNF. Thank you. |
|
Mr. Carnahan. Thank you. |
|
Mrs. Schmidt. Thank you. And now I'd like to give 5 minutes |
|
to my good friend from North Carolina, Mrs. Ellmers. |
|
Ms. Ellmers. Thank you, Madam Chairman, and thank you, |
|
panel, for being with us today. |
|
I just want to ask my questions in regard to some of the |
|
corruption issues and I'm going to address my question to Mr. |
|
Appleton. But I would like to state this. You just understand |
|
the concerns of the American people, the hard-working taxpayers |
|
who are the ones who are funding you, the U.N. And when it |
|
comes to these issues of corruption and misconduct, it's hard |
|
for us and I can tell, I know, I can tell you the people of |
|
North Carolina District 2 are very concerned about this issue. |
|
So again, to Mr. Appleton, you tried to oversee and help |
|
reform the U.N. and uncover over $1 billion in tainted |
|
contracts. And as thanks, you got fired and blocked from being |
|
hired for further jobs there. And many of your cases remain |
|
open and unaddressed at this time. Is this what generally |
|
happens when a U.N. investigator takes this course? And can you |
|
discuss with us today what happened to your appointment to be |
|
the lead investigator at the U.N.'s Office of Internal |
|
Oversight Services? |
|
Mr. Appleton. Thank you very much. I'm honored to have been |
|
asked to appear. I think in 3 minutes it's tough to describe |
|
the overall dynamic of oversight in the U.N. and conducting |
|
investigations, but I'll give it a shot. |
|
I think conducting true, real, deep investigations to |
|
ferret out the actual facts and circumstances is not a best way |
|
of career advancement in the U.N. And the reason why I think |
|
you'll see a number of Inspector General-type offices in many |
|
of these international organizations that do not--aren't very |
|
aggressive because you can see what happens. You do not make a |
|
lot of friends. And if you pick the wrong subject, it could |
|
have very fatal consequences. |
|
So what's critical for oversight in the U.N. is complete |
|
independence, not just operational independence, but budgetary |
|
independence. So ultimately, your funding is not at risk, your |
|
career is not at risk, your job is not at risk. Because |
|
otherwise, if it is, what advantage is it for you to pursue |
|
real, honest and objective investigations? |
|
So historically, I think I would agree with some of what |
|
Mr. Schaefer said about focus of this Congress. And when there |
|
is focus it can happen properly. There are episodes where |
|
sometimes privileges and immunities have been waived and cases |
|
have been advanced, but if there isn't an eye and a focus and |
|
attention on the issues, they're not, in my experience, not |
|
going to advance. You've got to have will and you've got to |
|
have an apparatus and machinery that protects investigators |
|
from retaliation and I'm not saying you don't hold them to a |
|
certain standard. There's no question. The investigations have |
|
to be genuine, integrous, unbiased. No question about that. |
|
And I think the way to challenge them is through a judicial |
|
mechanism that is properly functioning, so you need all these |
|
apparatus. A strong and effective independent oversight office |
|
has to be complemented and supplemented by an effective ethics |
|
office, a sound, judicial machinery, an effective appeals |
|
process, and effective sanctions and penalty regime. So all of |
|
that needs to be put in place. What had been started it seemed |
|
to have faltered and going into reverse. So the way in which |
|
the dynamic is it does not set the atmosphere for thorough and |
|
deep and intense inquiries. |
|
With respect to my own situation, I guess I would |
|
respectfully say that because the case is in the judicial |
|
system I really can't speak too much about it other than the |
|
fact that this was an example of a lack of independence of the |
|
Under Secretary-General who attempted to--went through proper |
|
procedures, conducted a recruitment exercise, presented my |
|
nomination and it was not accepted. So the argument certainly |
|
is and she's a forceful advocate of this that there's a real |
|
example of a lack of true independence in oversight. You need |
|
to be able to appoint your own staff. Thank you. |
|
Mrs. Schmidt. Thank you. And now I'd like to give 5 minutes |
|
to my good friend from Nebraska, Mr. Fortenberry. |
|
Mr. Fortenberry. Thank you, Madam Chair, for the time. |
|
Thank you all for coming today. Given the drama of the |
|
institution, perhaps we could start a new reality TV show and |
|
call it the U.N. Makeover or something like that. |
|
With that said and seriously, let me say I think it's |
|
important for the United States to belong to multi-lateral |
|
institutions. The world is complex, but without some platforms |
|
for the development of mutual understanding we could be in a |
|
worse off situation in spite of the effrontery that we |
|
sometimes have to endure in this particular multi-lateral |
|
entity. |
|
With that said, I'd like to point out what I perceive to be |
|
some of the U.N. strengths and I think some of you spoke to |
|
this. Perhaps you could confirm that. And then I'd like to try |
|
to unpack further the reforms that could be engaged that would |
|
actually strengthen the part of the institution that makes |
|
sense, but either jettison or rethink the other components that |
|
are causing such serious problems. |
|
I was in the country of Liberia a little while back and had |
|
a one-on-one chat with a U.N. peacekeeper, a Nigerian who was |
|
in a blue helmet, way out on an outpost in the interior of the |
|
country. He was very well informed as to what his mission was |
|
and how he would carry it out and I was impressed. And it does |
|
seem to me that the U.N. peacekeeping forces around the world |
|
provide a stabilization factor, sometimes imperfectly, but a |
|
stabilization factor. That is very important. |
|
Secondly, the U.N. is very well positioned to provide |
|
humanitarian outreach, particularly in crisis times and I think |
|
that's very important work and it seems to be a strength of the |
|
institution. |
|
Now with that said, we've talked about a lot of the other |
|
difficulties, one being the Human Rights Council. Since the |
|
United States has joined, we've not even offered a resolution |
|
condemning the human rights abuses of China and Cuba. And so |
|
with that said, how can we unpack this further that looks at |
|
the institution from the portions of it that are really viable, |
|
potentially reforms or gets us away from or shames or withholds |
|
money as you suggested, Ms. Rosett, in the areas that again |
|
give real effrontery? |
|
And third is, are there other multi-lateral institutions |
|
that can begin to replace that which cannot be reformed in the |
|
internal dynamics of the institution? Yes. |
|
Ms. Rosett. The internal dynamics have a certain |
|
mathematics and logic where it would be nice to believe, for |
|
instance, that the Human Rights Council can be sort of brought |
|
around like a super tanker. But if you actually look at the |
|
makeup of the General Assembly, we need to wait until the |
|
change of the character of the majority of nations on the |
|
planet before that actually happens. And the essence of success |
|
in the modern world really is competition and I think turning |
|
to some alternative grouping in which you are not obliged to |
|
haggle with Cuba and Russia and China over how to define human |
|
rights is something that might be very productive and at the |
|
end of the day would also honor the people whose rights you're |
|
actually trying to protect. Because as you know, on the ground |
|
it translates into complete abandonment. These things that |
|
sound academic when they're discussed in the council, talk to |
|
people from Zimbabwe who live under the kinds of rules that |
|
need to be addressed. |
|
So competition makes a great difference. One other note---- |
|
Mr. Fortenberry. Do you see any current institution that |
|
might fulfill that role or some emerging fledgling institution |
|
that could do that in the near term? |
|
Ms. Rosett. Absolutely, where you are not constrained by |
|
the U.N. membership problems. One other note, peacekeeping also |
|
can have the very dangerous, dangerous drawback, that it sounds |
|
as if something is being done. At the moment, the ramped up |
|
UNIFIL mission in Lebanon, the peacekeepers in Lebanon who |
|
remember were needing rescue from their bunkers after Hezbollah |
|
built up weapons nests around---- |
|
Mr. Fortenberry. I said albeit imperfectly. |
|
Ms. Rosett. They're re-arming again. And I think it is a |
|
question that needs to be very seriously asked, is it more |
|
dangerous to have them there giving the illusion that they are |
|
protecting things, waiting until the next rescue. |
|
Mr. Fortenberry. Thank you, I'm sorry, I've run out of |
|
time. |
|
Mr. Schaefer. I think it's just important to note that the |
|
U.N. is not the only multi-lateral option and that multi- |
|
lateral activities are not legitimate only if they go through |
|
the United Nations. Take a look at an organization like the |
|
Proliferation Security Initiative which was introduced by the |
|
Bush administration to counter trafficking in weapons of mass |
|
destruction. If you take a look at ad hoc interventions by the |
|
African Union, by NATO forces around the world, you can do |
|
peacekeeping, you can do interventions outside of the U.N. |
|
framework. |
|
And if the reforms are not adopted to implement membership |
|
standards for the Human Rights Council, I think the U.S. and |
|
other countries should seriously consider creating a non-U.N. |
|
human rights body so that you can keep human rights violators |
|
off of that body and really dig into the human rights issues |
|
and confront human rights abusers. |
|
Mr. Fortenberry. That may be the answer here. I'm sorry, |
|
I'm out of time. Thank you. |
|
Mr. Fortenberry. Thank you and without objection, the full |
|
written statements of all of our briefers will be made as part |
|
of the record. Members have up to 5 days to submit their |
|
statements for the record and to my good friend from |
|
California, do you have any more witnesses, sir? |
|
Mr. Berman. I do, but I didn't bring them with me. |
|
Mrs. Schmidt. Thank you. In the full interest, do we have |
|
any more witnesses in the back room? Can somebody check before |
|
I gavel this down? |
|
Mr. Berman. Members? |
|
Mrs. Schmidt. Members, I mean. I'm new at this. No more |
|
members, all right. This briefing is now closed and again, |
|
members have up to 5 days for written statements and your |
|
prepared remarks as well. Thank you very much gentleman and |
|
lady for your attention in this matter. |
|
[Whereupon, at 12:16 p.m., the briefing was concluded.] |
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