UN DISCOUNTS BRAMMERTZ COMPLAINTS ABOUT LACK OF

C O N F I D E N T I A L SECTION 01 OF 02 USUN NEW YORK 000979 SIPDIS SIPDIS SENSITIVE E.O. 12958: DECL: 11/07/2017 TAGS: PREL PTER UNSC SY LE SUBJECT: UN DISCOUNTS BRAMMERTZ COMPLAINTS ABOUT LACK OF SUPPORT REF: A. BEIRUT 1734 ¶B. BEIRUT 1750 Classified By: Ambassador Alejandro D. Wolff, per 1.4 (b) and (d). ¶1. (C) Summary. During a November 7 meeting to discuss efforts to set up the Special Tribunal for Lebanon with UN Office of Legal Affairs (OLA) attorney Mark Quarterman and UN Department of Political Affairs (DPA) officer Alma Saliu (septel),USUN Legal Adviser and Poloff mentioned that in the course of asking about the transition to the tribunal, Embassy Beirut had learned about anxiety among UNIIIC staff about their employment prospects with the tribunal as well as problems UNIIIC had encountered paying interpreters on time. Quarterman said OLA understands the sense of anxiety among UNIIIC members and is committed to giving them as much detail about the transition to the tribunal as possible. UN Legal Counsel Nicolas Michel will convene a video "town hall" meeting with UNIIIC staff soon and OLA will appoint a "senior transition officer" to ensure the Commission is regularly updated on the transition process. On the problems UNIIIC has recently experienced with paying interpreters, however, Saliu complained that Brammertz only apprised DPA of this issue on November 1. She said DPA U/SYG Pascoe sent a letter to the UN Department of Financial Services seeking immediate assistance, but was annoyed at Brammertz,s failure to report this problem for several months. End Summary. UN Trying to Assuage UNIIIC Staff -------------- ¶2. (C) Quarterman acknowledged concerns among UNIIIC staff about the transition to the tribunal and underscored that the Secretariat is committed to doing its best to assuage them. SIPDIS But he cautioned that the prosecutor-elect would ultimately decide which UNIIIC staff to retain -- and whether they will be based in Beirut or in The Hague -- and emphasized that it is likely that not everyone at the Commission will receive a job offer. Quarterman reported that Nicolas Michel plans to convene a "video town hall" with UNIIIC staff in the next few weeks to explain exactly where the UN is in the planning process for the tribunal. The UN also plans to appoint a "senior transition officer" who would ensure the Commission staff is kept informed about the process. Although Quarterman said the UN is drafting terms and conditions for tribunal staff, he cautioned that these terms would have to be approved by the management committee of the tribunal, which the UN would convene once it knows which countries will constitute the largest contributors to the tribunal. But he emphasized that the UN would try to give UNIIIC staff as much detail as possible on the contours of possible employment contracts with the tribunal, without tying the hands of the prosecutor or overstepping its authority, to ensure continuity between UNIIIC and the tribunal. But Discounts Complaints About Lack of Support -------------- - ¶3. (C) Asked about problems the UNIIIC had experienced paying interpreters on time, Saliu complained that the first time DPA -- the UN department that acts as Brammertz's advocate within the UN bureaucracy -- heard of this issue was on November 1, 2007. Once DPA learned of the issue, U/SYG Lynn Pascoe sent a letter to the UN Department of Financial Services to seek immediate action to correct this problem. Saliu and Quarterman agreed that failure to pay interpreters for several months, leading to cancellation of all scheduled interviews in October 2007, was a "major scandal." But they were annoyed that the Commission had failed to communicate this problem to DPA for so long and had tried to deal with the UN financial bureaucracy on its own. They noted that a videoteleconference had been scheduled with Brammertz on November 9 to discuss this issue, but the Commissioner had just informed them that it is no longer necessary to hold the VTC. ¶4. (C) Asked why reports of administrative problems at UNIIIC are so persistent, Quarterman and Saliu acknowledged that the UN process -- including budget approval by member states and advisory committees and a large financial bureaucracy that is risk-averse and hidebound -- is extraordinarily cumbersome. But they emphasized that peacekeeping operations around the world had managed to secure the funding they need in a regular fashion. Although the UNIIIC is different because it is independent of the UN system and Brammertz does not report to the Secretary-General, they emphasized that ways can be found to ensure it gets the resources that it needs. They emphasized that DPA and OLA are fully prepared to assist the Commission in whichever way possible, and have done so for USUN NEW Y 00000979 002 OF 002 several years, but this partnership depends on effective communication by both sides. Saliu said Pascoe would raise the lack of communication issue with Brammertz on his next stop in New York, and Quarterman added that once the prosecutor-elect is appointed, the UN will make sure he receives briefings on substance as well as the UN administrative process in New York. Comment: Is Brammertz Shifting Blame? -------------- ¶5. (C) USUN has met with Brammertz on each of his visits to New York to brief the Security Council and has asked him each time whether he needs any assistance to secure resources or administrative support. On each occasion, he did not indicate such a need. Given Brammertz's penchant to complain to the U.S. but decline attribution or offers to help, we wonder whether his complaints are meant to highlight a picture of an administratively dysfunctional organization that hinders his best efforts to get the job done. This would have the effect of shifting some of the blame for his unwillingness or inability to report the "conclusions" of his investigation to the Security Council per UNSCR 1595. As we prepare for the appointment of a new UNIIIC chief and prosecutor-elect, we should clarify our own expectations about the pace at which the tribunal should be set up and start functioning, and then work to ensure that Brammertz's successor understands and shares those expectations. Khalilzad