DAILY PRESS BRIEFING BY THE OFFICE OF THE SPOKESMAN FOR THE SECRETARY-GENERAL

AND SPOKESMAN FOR THE GENERAL ASSEMBLY PRESIDENT

Following is a near-verbatim transcript of today’s noon briefing by Fred Eckhard, Spokesman for the Secretary-General, and Djibril Diallo, Spokesman for the General Assembly President.

Spokesman for the Secretary-General

Good afternoon.

**Guest at Noon

By popular demand, your request to me of yesterday, we have with us today Carina Perelli, the Director of the Electoral Assistance Division.  And she will talk to you and take your questions on the electoral process in Iraq.

**Secretary-General on Darfur

Yesterday evening, the Secretary-General transmitted to the President of the Security Council the report of the International Commission of Inquiry on Darfur.  We then released the text to the public.

The Commission has established that the Government of Sudan and the Janjaweed are responsible for crimes under international law.  It also found that attacks on villages, killing of civilians, rape, pillaging and forced displacement have continued even while it was conducting its inquiry.  Its most important recommendation, to which the Secretary-General hopes the Security Council will give immediate and very serious attention, is that “action must be taken urgently to end these violations”.

The Commission concluded that the Government of Sudan “has not pursued a policy of genocide”, although “in some instances individuals, including Government officials, may commit acts with genocidal intent” and only a competent court can decide, on a case-by-case basis, whether this was the case in Darfur.

The Commission has given the Secretary-General a sealed file of the names of people it believes are responsible for serious violations, including crimes against humanity and war crimes.  It recommends that this file be handed over to a competent Prosecutor, and it strongly recommends that the Security Council immediately refer the situation of Darfur to the International Criminal Court.

In a statement, the full text of which is upstairs, the Secretary-General says that his own support for the ICC is well known, but he adds, “This is a decision for the Security Council, not for me”.  What is vital, he stresses, is that these people are indeed held accountable.  Such grave crimes cannot be committed with impunity.  That would be a terrible betrayal of the victims, and of potential future victims in Darfur and elsewhere.

**Sudan

Also on Sudan, the UN Mission there has received reports from the African Union that two African Union teams were shot at yesterday in different locations in South Darfur.

The first shooting incident occurred in an area south of Nyala, where African Union monitors were investigating an attack on a village, while the second incident was near Shangil Tobai, where another team was investigating reports that aerial bombing had taken place on 26 January.  No casualties have been confirmed in the shooting incidents.

**Security Council

In addition to receiving the Commission of Inquiry report, the members of the Security Council also received a briefing on recent developments in Sudan in closed consultations yesterday afternoon.  Haile Menkerios, a Director in the Department of Political Affairs, briefed the Council on recent reports of fighting in Darfur, as well as in eastern Sudan.

The Security Council also discussed the Sunday elections in Iraq, and Council members welcomed the balloting, calling it a “positive step in the political development of Iraq”.  Council President César Mayoral of Argentina said that in a press conference after consultations adjourned.  He went on, “As the Secretary-General has said, the success of the elections augurs well for the transitional process.”

Today, Ambassador Joel Adechi of Benin takes over from Ambassador Mayoral as President of the Security Council for the month of February.  He is currently holding bilateral consultations with other Council members on the programme of work for the month.  Then, at 4 o’clock this afternoon, the Council has scheduled a formal meeting to vote on a resolution on sanctions for Côte d’Ivoire.

**Iraq -- UNAMI

The UN’s mission in Iraq continues to work with Iraqi ministries and non-governmental organizations in providing humanitarian assistance and support to the reconstruction process.  In Fallujah, the UN and the International Organization for Migration have distributed supplies to over 26,000 families displaced due to the current situation.

Working with the Iraqi Red Crescent Society, UNICEF is also providing emergency health support to children and their families in conflict areas.  The UN mission and other UN agencies are also closely monitoring the humanitarian situation in Mosul and a number of other locations in light of the escalation of violence there.  And we have a press release with more information on that.

**Constitutional Experts

Yesterday, I was asked if we have some constitutional experts within our ranks to assist the Iraqis.  The short answer is “yes”.  But I would want to make clear that, if the request for such assistance came, it would come from the transitional assembly of Iraq, which is a sovereign elected body.

As stated in resolution 1546, the UN stands ready to assist, if asked.  But the constitutional drafting process is an Iraqi-owned and Iraqi-led process.  This is not a constitution that will be imposed from the outside.

As we’ve said a number of times, Iraq is a country with a wealth of intellectual resources.  Our role would be a supportive one, to bring assistance when and where it is needed.

The key to the success of this next phase of the transitional process is to ensure that all individuals, groups and parties who, for whatever reason, were unable or unwilling to take part in the election are now brought into the constitution-making process.  Through our Special Representative there, we will continue to work towards that goal.

**Statement Attributable to the Spokesman for the Secretary-General

The following statement is attributable to the Spokesman regarding the situation in Nepal:

“The Secretary-General is deeply concerned at the actions taken by the constitutional monarchy in Nepal today to dissolve the Government, impose a state of emergency, and suspend civil liberties and freedom of expression.

“The Secretary-General views these actions as a serious setback for the country.  He does not believe that they will bring lasting peace and stability to Nepal.  Steps should be taken immediately to restore democratic freedoms and institutions.

“The Secretary-General is very mindful of the safety and well-being of the Nepalese people and their representatives, including political leaders, human rights workers and journalists.  He urges calm and restraint by all parties in the country so as to avoid actions that could worsen the situation.”

He recently conveyed a message to King Gyanendra urging him to take steps to forge a unified national initiative that would bring the Maoists to the negotiating table and promote a viable peace process.

**Nepal

Also, the High Commissioner for Human Rights, Louise Arbour, today expressed her serious concern at the decision taken by King Gyanendra of Nepal to dismiss the Government and to assume direct power.

The High Commissioner said that, when she met the King during her visit to Nepal last week, he reaffirmed his unequivocal commitment to human rights, democracy and multiparty rule.  Arbour said she expects the King to live up to his stated commitment and ensure that the democratic institutions of the State are reinstalled without delay.

**SG Returns to New York

The Secretary-General this morning returned to New York, ending a four-day trip during which he attended the African Union summit in Abuja, Nigeria, and met with the President of Cameroon, Paul Biya, in Yaoundé.

The Secretary-General is not expected to come to Headquarters today.  But we do expect him back at the office at the normal time tomorrow.

**DSG Travels

The Deputy-Secretary-General, Louise Fréchette, will travel to Washington tomorrow to deliver an address at the Women’s Foreign Policy Group.  The topic of the meeting is “New Challenges for the United Nations”.  Following her speech, the Deputy-Secretary-General will take part in a question-and-answer session with participants.

**Guyana Floods

In Guyana, the UN Country Team is preparing an international flash appeal to cover flood recovery activities for the next six months.  According to the World Food Programme (WFP), some 375,000 people still remain in shelters, where poor sanitation conditions are leading to skin rashes and vomiting.  There are fears of epidemics.  So far, WFP, with the assistance of Ecuador, has sent two planes, carrying around 27 tons of emergency food rations, to flood-hit areas.  We have more information in briefing notes upstairs.

**Madagascar - Cyclone

WFP also has started sending emergency supplies of rice to south-western Madagascar today, to assist the thousands of people who were hit by Cyclone Ernest and the ensuing tropical storm.  WFP plans to initially assist more than 5,000 of the hardest-hit people while damage assessments are being carried out.  We have a press release on that.

**Bird Flu Situation May Worsen

Finally, the Food and Agriculture Organization, together with the World Animal Health Organization, said today that avian influenza, or “bird flu”, remains a constant threat in Asia, and that affected countries need to do more to keep the epidemic under control.  They also said that the recent tsunami disaster may worsen the bird flu situation, due to the large-scale movement of poultry.  And there is more on that in a press release upstairs.

Let’s start with Louis.

Questions and Answers

Question:  My question is, if I am not mistaken, I think there are different ways by which a case can be referred to the ICC.  And I am wondering, do you know whether the statute provides for the Secretary-General himself to be able to refer a case?  Or does it have to be the Security Council?

Spokesman:  The Secretary-General does not have that option under the statute.  So, a party may refer a case or the Security Council may refer a case.

Question:  My house-keeping thing:  Number one, you said yesterday you would check up as to whether that head of the panel, the commission, Mr. Cassese or any of the members would be able to comment.  Have you checked on that and are they able to comment on the report publicly?

Spokesman:  We’ve not been able to get confirmation of that.  We have been in touch with Juan Mendez, the Secretary-General’s Special Envoy on Genocide, and I think there is a better chance of getting him to talk to you and we have the phone number of his spokeswoman.

Question:  Will the SG speak to us on his way in tomorrow morning?

Spokesman:  We will ask him to do that.  I can’t confirm now that he will.  I haven’t had a chance to speak to him since he came back.  Joe?

Question:  Fred, do you know his thinking on this?  Is he worried that one possible outcome is a stalemate between the US and the Europeans and others over this issue of whether (inaudible)?

Spokesman:  I think it’s too early to predict how this discussion among Council members will turn out.  He will stay close to it.  But as he said, it’s the Council’s decision and we hope they could come up with some agreed formula.

Question:  If that happens, he’d keep these names under seal?

Spokesman:  Well, the idea is that these names would be forwarded to a competent authority once the Council agreed on how to handle it.  The names are now in a sealed envelop in a safe in his office and he himself has not yet looked at the list.

Let me take Nick.

Question:  Already today there are a couple of Senators, Senator Brownback among them, in Washington saying that, if the Secretary-General can’t exert enough force for the Security Council to, essentially, reverse this report and declare it genocide that he should, out of, essentially self-respect and integrity, resign as Secretary-General.  How much influence does he have?  Would be able to push the Security Council to be able to go against the report that the panel just issued?

Spokesman:  The most the Secretary-General can do under the Charter is to bring to the attention of the Security Council any threat to international peace and security.  It’s that one little narrow passage that gives him a political and not just an administrative role.  The political role of the Secretary-General has evolved and enlarged over the years through practice.  But, still, the Members, in this case the Members of the Council, are supreme.  And I think it’s wrong to assume that he could somehow force them to take a course of action and that should he not be successful that he would be obliged to step down.  I think that’s inconsistent with the Charter.

Question:  Just a follow up.  I know these questions may get to my own ignorance, but when it says that “a party may refer...”, what is it?  What does it mean “a party?”

Spokesman:  Someone who has ratified the statute.  A MemberState that has ratified the statute.  Yes, John?

Question:  Fred, what does the Secretary-General have in mind when he says that the sealed files should be handed over to a competent prosecutor?  The ICC prosecutor could not do anything unless the Sudan had ratified the Rome Treaty.

Spokesman:  Well, if the Security Council refers the matter to the ICC.  So, we’re waiting to see what the Security Council will decide on how this matter should be handled legally.  And once they decide, then the Secretary-General would turn over this list to the relevant prosecutor.  Mark?

Question:  Has the Secretary-General appointed Bill Clinton as his envoy, Special Tsunami Envoy?

Spokesman:  There is nothing that I can confirm at this time about that subject.  But we do expect to have something to announce in a few hours, later this afternoon.

Bill?

Question:  Fred, what is the latest status of the UN offices in Erbil and Basra?  Are they open?  How many people are there? Where are those people? If they’re there, what they are doing?

Spokesman:  It is still the Secretary-General’s intention to open UN offices in those two cities and the logistics are still being put in place for the opening of them.  No, Louis, you’ve already had a turn.  Let me take Richard.

Question:  I know you can’t confirm it, but somehow the UN always gets beat on its own important announcements, which is a whole lot of problem late in the day.  But what could someone like Bill Clinton, or someone who -- I’m sure the UN wants a high-ranking person-- what does it do towards keeping the focus on getting contributions and not letting, as Mark Malloch Brown said the other day, the cameras disappear and the contributions dry up?

Spokesman:  The whole idea that the Secretary-General had in naming a Special Envoy was precisely to keep world attention focused on the clean-up and the reconstruction in South Asia following the tsunami.  And also to try to capitalize on the openings that it has afforded both Indonesia and Sri Lanka to make political advances with the rebel movements in those two countries.  So, I think that is the essential mandate or will be the essential mandate of the Special Envoy.

Question:  Did they talk about it on the phone yesterday, Secretary Annan and President Bush?  The naming of the person?

Spokesman:  I can’t confirm that.

Question:  So, will the Secretary-General be, indeed, in the building to make the announcement, or is it a statement?

Spokesman:  He will not be in the building today.  It will be a statement that will be issued by my office.

Mark we have.  Let me take Colum.

Question:  The Côte d’Ivoire commission of inquiry, the Secretary-General allowed Security Council members to come up and look at the list.  Is he going to allow Security Council members to look at the Darfur list and, if not, why is there a different policy with the two commissions of inquiry lists?

Spokesman:  I don’t have guidance on that.  I’ll have to ask for you what the difference in the treatment of the two lists is.  You could speculate that, in allowing people to look at the first list, it eventually leaked to the press.  And maybe we don’t want to be so incautious in handling the second list.  But let me try to find out for you.

[The Spokesman later announced that the lists of names were treated differently because the Darfur report itself specified the way the names would be treated.]

Someone who hasn’t had a chance yet.  Yes?

Question:  It says “...action must be urgently taken”.  What sort of action over Darfur?  Would he encourage a new resolution or...?  And also what’s his reaction to some countries calling for an arms embargo committee to (inaudible)?

Spokesman:  He would leave it to the Security Council to decide.  I mean, he has for a long time been asking that decisive action be taken and less than decisive action has been taken in this case.  But, still, there are options open and he hopes the Council will give serious consideration to those and try to beef up international response to this tragedy.

Okay, I’ll take Mark.

Question:  First, a follow up to that.  In the SG’s estimation, has the response of the Council and the Members of the Council been commensurate with the response that’s required under the mandate of international law to the situation in Darfur?

Just quickly on Clinton -- sorry, not Clinton, the unnamed tsunami appointment -- does that mean that this person will have a political kind of, what’s the word, facilitation, negotiation role within Indonesia and Sri Lanka between the governments and the rebel movements?

Spokesman:  Well, that role would have to be accepted by the parties.  But I think one of the things the Secretary-General hopes the envoy could do would be to facilitate peace negotiations in both those cases, yes.

Massoud?

Question:  (interruption)  Sorry, and on the first one?

Spokesman:  I have no comment on whether the Security Council is living up to its legal obligations.  I don’t think the Secretary-General has a public view on that.

Massoud?

Question:  On this list which is sealed by the Secretary-General, is there going to be a timeline at all when these people will be made public or there is no timeline?

Spokesman:  No, there is no timeline.  It would be turned over to a prosecutor once the Security Council decides on how to proceed.  Louis?

Question:  Fred, on that list, you said earlier that the list is now in his safe up in his office and the SG has not yet looked at it.  Why hasn’t he... (interrupted)?

Spokesman:  The envelope is sealed.

Question:  But why hasn’t he?  I mean, it seems to me to be a pretty important part of the report?

Spokesman:  But it’s not action that he is required to take regarding this list.  The action is to be taken by a prosecutor, should the Security Council decide to take that avenue of approach.  So, it would be turned over to a prosecutor when the time comes.

Question:  He’s not curious to see the list?

Spokesman:  He may well be curious, but he doesn’t feel that... (interrupted).

Question:  Can the Security Council ask for the list to be released if it wants to see it?

Spokesman:  Well, that’s hypothetical.  Let’s see what happens.

Yes, Ricardo?

Question:  Fred, is the tsunami envoy coming to the UN any time soon to brief us?

Spokesman:  Let’s see first who it is.  And then what that person’s timetable is.  And we will, of course, ask if he or she would be coming to talk to you.

Carina, welcome to the briefing.  Why don’t you take this seat?

(Issued separately)

Spokesman for General Assembly President:

Good afternoon.

Many of you called my office regarding the informal meeting of the High-Level Panel, and we do have the speech of the President of the General Assembly summarizing the results of that meeting, and I will come back to you with some factoids in this briefing, on the understanding that you will get a full summary in the President’s statement.

The total number of speakers was 97, and it was convened in six sessions.  Most representatives were at the ambassadorial level, which showed, again, the importance that the delegations attached not only to the report itself, but also the whole preparatory process leading to the September Summit.  Consultations on the reform of the United Nations should not be limited solely to the recommendations contained in the report of the High-Level Panel.  This is the view of many delegations.

Yesterday, I told you about the question of development.  Many delegations deplored the fact that that question was not the subject of deeper examination on the part of the report.  Second, the report was examined more on the narrow angle of security.  Delegations did recognize that the report recognized the crucial role that development plays in the context of the collective security system.  The focus on the Security Council should not alter even further the role and authority of the General Assembly as a central organ of deliberation at the United Nations.  This is a view that was expressed by several delegations.

On the reform of the Security Council, you will recall that, yesterday, I mentioned that there seemed to be an emerging consensus on the need to reform the Council in order to make it a) more representative, b) more efficient, c) more transparent.  But, based on the comments of delegations on the two models, models A and B, there seemed to be diverging views on the way forward.  Also, delegations mentioned that, when there is talk about the reform of the Security Council, one should focus not only on enlarging the Council, but also on other important questions, such as improvement of the working methods of the Security Council, as well as its decision-making mechanism.

On the issue of responsibility to protect, two views came out:  one recognized the importance of this concept as part of an emerging norm of international law; the other cautioned against the concept in relation to its risks vis-à-vis the principle of sovereignty, territorial integrity and non-interference in internal affairs of Member States.  The issue of terrorism was also welcomed, in terms of the way it was treated in the report, because the report recommended that it be treated in a holistic manner, including under its cultural angle.  But several delegations deplored the fact that, when the report  dealt with weapons of mass destruction, it focused more on the issue of proliferation, and less on the issue of disarmament.  Another point, by way of summary, is the fact that the report did not focus on the proliferation of small arms.  That should have been another subject of focus in the report.

The recommendation on the creation of a commission for consolidating peace was generally well received, but there were again diverging views on whether it should be established as an organ of the Security Council.  One view among delegations recognizes that it should be under the Security Council.  The other one would like it to be attached to the Economic and Social Council.  The third view would like to see it as an autonomous body that would function under the General Assembly and ECOSOC.

The universalization of the Commission on Human Rights issue was recognized, with some reservations.  Some delegations were concerned about some sort of duplication with the role of the Third Committee of the General Assembly.  On the other hand, the linkage of such a commission with ECOSOC needed to be clarified further.

The President of the General Assembly is already, as of today, having meetings with facilitators.  The next meeting, for your own schedules, for your own work plan, in this connection would be around 22 February, which could go on to 23 or up to 25 of February.  The Assembly President, Jean Ping, noted the fact that the Office of the Secretary-General was represented at the meetings, throughout the process.  The President of the General Assembly will communicate formally to the Secretary-General on the perspectives of Member States on this report.  This is to enable the Secretary-General to prepare his own report, which is to come out in March 2005.  That’s all I have for you.

Questions? No?

Thank you.

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