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

AND THE 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,

**SG’s Trip

We have a trip to announce:

The Secretary-General will leave tomorrow for London, where on Thursday he will meet with Prime Minister Tony Blair and other senior government officials.  He and the Prime Minister will then attend an event at which the Secretary-General will make a major speech on his 2005 agenda for both development and security.

The Secretary-General will then travel to Munich, Germany, where he will attend an annual security conference and deliver a speech on “A More Secure World:  The Role of the United Nations”.  In Munich, the Secretary-General will also hold meetings with senior German officials, including Chancellor Gerhard Schroeder, as well as with other European leaders.

And he will return to New York on Sunday.

**Togo

In a statement issued Saturday, the Secretary-General expressed his deep sorrow upon learning of the sudden death of President Gnassingbe Eyadema of the Republic of Togo.

President Eyadema played a central role in the governance of his country for almost forty years, the statement said.  And, during that period, he also made a significant contribution to the peaceful settlement of disputes in Africa in general and in West Africa in particular.

The Secretary-General extended his sincere condolences to the bereaved family and to the Government and people of Togo.

In that statement, the Secretary-General said he trusts that the Togolese authorities will take all necessary measures to preserve stability in the country and ensure a peaceful transfer of power, consistent with the constitution and the rule of law.

We now have a new statement following the swearing-in of Faure Gnassingbe as the new Pesident of Togo.

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

And that statement reads as follows, issued just a short time ago:

“The Secretary-General is concerned that the transfer of power that has taken place in Togo, following the death of President Eyadema, has not been done in full respect of the provisions of the Constitution.

“The Secretary-General reemphasizes the need for constitutionality and respect for the rule of law.”

**Suspensions

Based on the information contained in the interim report of the Independent Inquiry Commission into the oil-for-food programme, we have initiated procedures against the two staff named in that report, Benon Sevan and Joseph Stephanides.

Both are expected to receive, by Wednesday, official letters which outline the internal charges against them.  They then have two weeks to respond, at which time the administration will take its final decision on appropriate sanctions.  This is only the beginning of a disciplinary procedure, respectful of due process.

**Iraq

The UN Mission in Iraq is continuing to rehabilitate schools throughout the country, with the UN Children’s Fund (UNICEF) currently carrying out comprehensive rehabilitation of 84 schools.  It is also repairing water and sanitation facilities in 20 schools.

Meanwhile, the UN Development Programme trained seven mine action advisers in Amman, Jordan, last month, who are being deployed in Iraq.  We have an update on UN humanitarian activities in Iraq today.

Over the weekend, the Secretary-General’s Special Representative for Iraq, Ashraf Qazi, met with Sheikh Hareth al-Dhari, head of the Association of Muslim Scholars, and told him that the United Nations is exploring means to encourage a broad-based national dialogue among all Iraqis.

Qazi also met on Saturday with Interim Iraqi Minister of Planning, Mahdi Hafeth, for similar talks on the political environment in the country.  We have more details in a press release upstairs.

**SG – Middle East

The Secretary-General said this morning that the coming year is an important one for the cause of peace in the Middle East, which began auspiciously with the successful holding of the Palestinian presidential elections.

Speaking to the opening session of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, the Secretary-General said that the meeting, scheduled for tomorrow in Sharm el-Sheikh, Egypt, between the Israeli and Palestinian leaders is “a welcome initiative”.

He said he was sure that Palestinian President Mahmoud Abbas would move swiftly to act on his commitments to restructure the Palestinian security forces, strengthen Palestinian institutions and carry forward democratic reform.  The Secretary-General also looks forward to the early implementation of Israeli Prime Minister Ariel Sharon’s disengagement plan, in coordination with the Palestinian leadership.  We have copies of his statement upstairs.

**Sharm el-Sheikh

We’ve been asked if we will have someone at the summit in Sharm el-Sheikh, and the answer is no.  The Sharm el-Sheikh summit is an Egyptian initiative.  There will be, of course, Israeli and Palestinian officials, as well as Jordanians, but no member of the Quartet will be there.

Kieran Prendergast, the Under-Secretary-General for Political Affairs, is currently in London, where he is attending a meeting of Quartet envoys in preparation for a possible Quartet meeting next month.

**Security Council

There are no meetings or consultations of the Security Council scheduled for today.

**Sudan

Tomorrow morning, a public meeting of the Security Council has been scheduled.

Invited and expected to attend that meeting are Sudanese Vice-President Osman Taha; John Garang, the Chairman of the Sudan People’s Liberation Movement; and African Union Representative, Baba Gana Kingibe.

The Secretary-General, when asked about that meeting this morning, told reporters that he believed it was important to have them all here to discuss not only the peace process but the implementation of the process and the action they need to take on the ground to make it hold.

Meanwhile, the UN mission in Sudan continues to report on insecurity in Darfur and the World Health Organization warns of risks of a meningitis outbreak in Sudan.

**Lebanon

Terje Roed-Larsen, the Secretary-General’s Special Envoy for the implementation of Security Council resolution 1559, is meeting with both Lebanese and Syrian officials for the first time since assuming his new responsibilities.

Yesterday and today, he was in Damascus, where he met with Foreign Minister Farouk al Shara and Deputy Foreign Minister Wald Muallen.

He’s now headed to Beirut, where he will meet with senior officials, including President Emile Lahoud, Prime Minister Omar Kamari and the Speaker of Parliament Nabih Berri.

**Afghanistan

The UN Mission in Afghanistan over the weekend expressed its deepest sympathies following the crash of a Kam Air flight, with 104 passengers on board, last Thursday.  The Mission welcomed the establishment of a Joint Security Committee Centre to investigate the crash; the Mission has a liaison officer within that Committee.

We have details in the Sunday briefing notes from Kabul.  Also, the UN Independent Expert on Human Rights in Afghanistan, Cherif Bassiouni, gave a press conference on Saturday summarizing his latest mission to the country, in which he expressed, among other things, his concern that foreign forces in the country have arrested and detained, and even mistreated prisoners, without any legal process.

**Counter-Terrorism

The Secretary-General, in a message, praised a counter-terrorism conference that began in Riyadh, Saudi Arabia, on Saturday for sending out the message that “terrorism is a threat to all civilized countries, and anathema to all faiths”.

In the message, he says that all States need a principled strategy against terrorism that includes, but is much broader than, coercive measures.  He added that, while all States have a duty to speak out against terrorism, they also have a duty to hear the full range of voices within the Islamic world, so that people can see that legitimate grievances can be addressed through peaceful means.

**AIDS in Africa

Stephen Lewis, the UN Special Envoy for HIV/AIDS in Africa, today reported on a wrenching scene of HIV-positive children -- neglected and suffering -- in a project in Lusaka, Zambia.

He did so in remarks at a United Nations Children's Fund (UNICEF) conference in Barcelona, Spain, focusing on children orphaned by AIDS.

When it comes to the treatment of children living with AIDS, the Convention on the Rights of the Child is a virtual dead letter, he says.  We have his remarks available in my office.

**Guest at Noon Tomorrow

Finally, the guest at the noon briefing tomorrow will be Ambassador Dumisani Kumalo of South Africa, who is the chairman of the Commission on Social Development.  And he will be here to brief you on the work of the Commission’s forty-third session, which will be held from 9 to 19 February.

That’s all I have for you.

Yes, Per?

**Questions and Answers

Question:   On Benon Sevan, there are reports that he has been suspended with pay.  Is that much correct?

Spokesman:  Yes.  I think I just told you that both he and Joseph Stephanides have been suspended with pay, which is the most standard way of proceeding when there is impending disciplinary action.  So, as I said, we will give them in writing what the charges are against them; we expect by Wednesday.  But they were informed orally on Friday that they were suspended with pay.

Question:   And what does that mean, to be suspended with pay?  Does he still have immunity?

Spokesman:  Yes.  There is no action taken on immunity.  Neither Mr. Sevan nor Mr. Stephanides have had any criminal charges laid at their doorstep by the Volcker commission, although Mr. Volcker did say his inquiry into Mr. Sevan was continuing.  So, it means they continue with their pay.  For Mr. Stephanides, it’s his full salary; for Mr. Sevan, it’s his one dollar a year.

Question:   But be suspended means what?  That they cannot access their offices or what is it...?

Spokesman:  Yes, it means that they should not come onto the premises here, unless it’s in connection with summoning their defence, which they have 14 days to present in writing.

Question:   Now, if possibly in two weeks after their response you may consider lifting their immunity?  What are the...(Interrupted)?

Spokesman:  No, the immunity doesn’t come into play until you have a criminal allegation that is prosecutable.  So, until we get to that step, we will not be talking about immunity.  So, what we’re talking about now are possible disciplinary actions for not following UN rules and regulations.

Question:   And what are the typical actions if somebody is found to break those rules?  What are the options here?

Spokesman:  It can be anything from summarily dismissing them -- the Secretary-General has the option to summarily dismiss them -- at one end of the spectrum; or putting a note in their file or finding them not guilty at the other end of the spectrum.  That would be after we had reviewed their defence.

Yes, Sephora?

Question:   What is Stephanides’ yearly salary?

Spokesman:  Ooh, I don’t have that.  But I think all such salaries are a matter of public record, so, we can get it for you after the briefing. 

[He later said that someone of his level would earn between $141,000 and $157,000, plus cost of living adjustment of about $50,000.]

Laura?

Question:   Did you say that the Secretary-General was going to be going to London today?

Spokesman:  No, tomorrow.

Question:   Tomorrow.  So, is he going to be meeting with Prendergast and the rest of the Quartet envoys before?  Because, if he is meeting with Blair on Thursday, what is he going to be doing Tuesday and Wednesday?

Spokesman:  He is travelling Tuesday, Wednesday he’ll have some internal meetings.  I don’t know that he will be meeting with Mr. Prendergast on this visit.  I don’t believe that the Quartet meeting is scheduled for this week.  I think it’s for later.

So, I cannot say whether Quartet business will be on his agenda.  But as of now, it is not, as far as his meeting with his own people go.  The Middle East could easily come up in any of his discussions with senior officials, though. 

Edie?

Question:   Fred, you used the word “sanctions”.  Were the sanctions you were talking about this range going from dismissal to finding that nothing actionable had been committed?  And secondly, in the conference that the Secretary-General is going to talk to in Germany, is there some group?  Does it have a name, or is it...?

Spokesman:  I’ll have to look into that for you.  I’m told it’s an annual meeting; I believe of Defence Ministers or security experts.  But let me see if I can nail that down for you later.

[The Spokesman later announced that the conference is called the “Forty-First Munich Conference on Security Policy”.]

Question:   And the sanctions?

Spokesman:  You want to know what the other sanctions would be?  Well, I am told that, initially, after those charged have submitted their defence in writing within 14 days, there are three options:  The case could be closed against them or the Secretary-General could decide to summarily dismiss them.  And the third option would be to refer the matter to the Joint Disciplinary Committee.  And that Committee could then make recommendations to the Secretary-General taking, again, a range of activities.  I don’t have any examples between the two extremes with dismissal on the one hand or closing the case on the other.  But I can try to find out from the historical record what some of the activities in between those two options might be.

Yes, Peter?

Question:   In the case of Mr. Sevan, who is technically -- I guess -- retired, the dismissal would be meaningless.  Putting a letter on his file seems to me would be meaningless.  Is there anything more meaningful; anything that could constitute a real penalty?

Spokesman:  Well, technically he is not retired.  That was the whole point of giving him a dollar-a-year.  So, technically, he is a staff member and allegations have been brought against him.  So, this is the beginning of a process by which he can defend himself in writing and then he will be judged.  And that’s all internal within the UN regarding UN rules and regulations.

Now, should there be an allegation of criminal wrongdoing, that could be prosecuted within a national judicial system, then that’s when the immunity could come into play.

Yes, Abdurrahim?

Question:   About the immunity Fred, the threat to strip him off his immunity, is there any case in which that would translate into handing his case over to the US Justice Department for example, which has expressed interest in the past in looking into these cases?

Spokesman:  Well, we would see whether there was an indictment from any national authority and the lifting of immunity would allow him to defend himself within that judicial system.

But we’re not there yet.  Neither Mr. Volcker nor any national authority has alleged criminal activity on Mr. Sevan’s part.

Question:   The Iraqi Ambassador, a few days ago, said that the Secretariat subverted the will of the Security Council, to use his own words, with regard to Volcker’s report on what happened in oil-for-food.  But he also said that the issue of the Security Council turning the blind eye to the smuggling of oil by Saddam will be left to historians.  I wonder if the Secretariat has a comment or response to that.

Spokesman:  Well, as far as the Secretariat’s management of the so-called 2.2 account, the 2.2 per cent of the oil revenue that we took for administrative purposes, that is really for Volcker to decide.  So, there is nothing we would have to say about that.  As for actions of Member States, I think it is Mr. Volcker’s intention, after he finishes with the UN Secretariat side of the investigation, to look at the role of Member States on the Security Council in the administration of this programme.

So, I don’t want to pass any judgement there.  I want to leave that to Mr. Volcker.

Question:   Historically, has there been a precedent in which the Secretariat and the Security Council have been tangled up in a legal case like this?  The Secretariat being accused of undermining the will of the Security Council, the Secretariat saying to the Security Council it is also guilty of wrongdoing?

Spokesman:  Well, you are basing yourself on comments of the Iraqi Ambassador.  I think Mr. Volcker is going to be looking at the conduct of Members of the Security Council, as he looked at the conduct of the UN Secretariat.

So, I don’t think we’re yet at the point that you describe.  Let’s wait and see what the full Volcker inquiry produces.

Richard?

Question:   A few quick things.  I was on the air trying to answer the questions you’re now being asked.  Is the Secretary-General coming into the building tomorrow for Sudan and then he’s travelling?

Spokesman:  Yes.

Question:   And on the pay, do they get to pay Benon Sevan because of due process and that’s UN law and that’s why his salary is continuing?  Why is their salary continuing?

Spokesman:  No.  At the beginning, when allegations are made against staff members, the Secretary-General would have the option of suspending without pay or suspending with pay.  Because this is the beginning of a process in which those accused can defend themselves, normally the suspension is with pay, so as not to prejudge the outcome.  And that’s what’s being done in this case as well.

Question:   So, what would the Secretary-General say about him being involved in their fate when he is also subject to the Volcker probe?  Should he be recusing himself of this type of matter?

Spokesman:  No, I don’t think that anything that Mr. Volcker has come up with to date would reflect negatively on the Secretary-General.  And the Secretary-General is still the chief administrator of this Organization.  So, he oversees this process of judgement.  It’s due process where those accused get a chance to defend themselves and eventually the Secretary-General judges them and takes disciplinary action, if he thinks it is warranted.  And then, the staff member has further options to appeal the Secretary-General’s judgement, if it is a negative one.  So, they can go first to the Join Appeals Board, which makes an advisory decision on whether the Secretary-General’s penalty is warranted or not.  And then, if the staff member is not happy with that judgement, they can appeal to the Administrative Tribunal, which has the final word, which is binding on the Secretary-General regarding this judgement.

Lee?

Question:   After 40 years of service, can pensions be affected by sanctions?

Spokesman:  No, pensions are always separate.  So, pensions can’t be touched.  Yes?

Question:   First of, what’s the subject of the SG’s meeting with Congressman Curt Weldon this afternoon?

Spokesman:  Apparently, the Congressman wants to brief the Secretary-General on a recent visit he made to Korea.

Question:   And can we have a readout for the 3:00 p.m. meeting?  Because he is meeting with ambassadors.

Spokesman:  Yes, the four ambassadors are taking a leading role in the UN and the rule of law and I think that’s the subject of that meeting and we’ll try to get a readout for you afterwards.

Per, you had a questions?

Question:   Fred, if Benon Sevan sort of retires, he will automatically lose immunity at that point, will he not?

Spokesman:  I had better ask the lawyers before I judge on that.  So, let me ask and get back to you.

Question:   Because the only reason he has immunity now is because he’s being paid by the UN a dollar a year.

Spokesman:  Well, I believe, -- and here I am risking you giving my belief -- but I believe that the immunity applies to his actions as an international civil servant so that he should not be prosecuted for any actions he has taken as an international civil servant, unless there are criminal grounds for action.  So, I think that immunity applies to the past.  So, I think that the...  but let me get the lawyers’ view on that.  But that’s my sense of the rule.

Question:   Also, is Paul Volcker getting full access to Kofi Annan’s documents, e-mails, whatever they want?

Spokesman:  Yes.

Question:   What about Kojo?  Paul Volcker was reportedly saying that he had troubles getting access to Kojo.  Why would that be so hard?

Spokesman:  I can’t answer for Kojo.  He’s not a UN employee and so, I really know nothing about Mr. Volcker’s interaction with Kojo Annan.

Yes, Abdurrahim?

Question:   Two quick points, Fred.  About the SG’s speech in London, you said it’s a major speech on development and security.  Can you be a little bit more specific in what way it’s major?

Spokesman:  Well, those are the two areas on which he has received major reports regarding the future work of the UN.  The High-Level Panel, which has recommendations on security-related issues like humanitarian intervention and the Jeffrey Sachs report on the Millennium Development Goals.  And, as you know, the Secretary-General, in March, will present his own report marrying those two agendas and putting forward his agenda for this year.

So, it’s kind of a preview, I’d say, of that March report.

Question:   And finally on 1559, the UN envoy you said is holding talks with the Syrians and Lebanese.  Can you give us a taste of what he’s talking to them about?

Spokesman:  No.  We’ll have to see whether Mr. Larsen wants to speak after he has completed his mission.  But at this time we want to say nothing.

Mr. Abbadi?

Question:   There were some reports this weekend indicating that the Secretary-General has been trying to get the Sunni elements in Iraq to participate in the constitution debate and possibly in the future government and that his efforts were not success.  Can you comment on that?

Spokesman:  Yes, you can see from the reports we’ve been giving you last week and this morning that Mr. Qazi, the Special Representative, is actively trying to bring as many elements of the Iraqi political spectrum under the tent for the constitution writing.  And the Secretary-General’s own statements, following the election, said that even those who did not participate in the elections and did not vote, should now join in the effort to write the constitution.

So, that is the grand political objective, I think of the United Nations in Iraq right now -- to help the Iraqis draw as many political actors as possible together for the writing of this constitution.

Question:   Are these efforts meeting with any success at all at this stage?

Spokesman:  I can’t give you any details, but Mr. Qazi has received indications from some political elements, who have stayed outside the electoral exercise, that they are now interested in participating politically in the constitution writing.  And so, he’s looking to facilitate that.

Richard?

Question:   A couple of quick things:  as part of the disciplinary procedure, is Mr. Sevan barred from entering, access to the building, his office files, with anything that goes with that type of...?

Spokesman:  Well, anything in his office and all his files long ago were wrapped and given to Mr. Volcker.  And I mentioned perhaps before you came into the room that he is expected not to come onto the premises except if it’s necessary in connection with his marshalling his defence; the arguments for his defence.

Per?  (But CNN’s Richard Roth followed up).

Question:   Did the Secretary-General speak personally with him in the last few days, of Mr Volcker’s decision?

Spokesman:  With Mr. Sevan?

Question:   Yes.

Spokesman:  I would have to check.  I don’t know.

Per?

Question:   Why not just dismiss Mr. Sevan?  He would lose his diplomatic visa, the G-24, I believe it’s called, at which point he might just go back to Cyprus and the prosecutors will have to find him there somehow.  Wouldn’t that just solve everything?

Spokesman:  We’re trying to follow established due process in this building which gives him a chance to defend himself.  That’s what this is all about.  So, that’s what we’re trying to do.

Mr. Abbadi?

Question:   How far does Mr. Stephanides have to go before he retires?

Spokesman:  I don’t know.  I’d have to check.  But I think it’s something like less than a year.  May even be less than six months.

Richard?

Question:   Can you confirm that there was a change, reshuffling of the Political Affairs Department for Mr. Annan on Friday?  Someone was moved?  Pushed out?

Spokesman:  Your gossip is better than mine.  I am not aware of anything having happened.

Question:   What about the letter the SG sent to the staff?  Do you feel, you might not feel, but do you feel it’s a little bit too late where he talks about reforming and change, and it kind of looks a little strange coming after the oil-for-food scandal writing a letter beforehand saying we’re going to change things?

Spokesman:  I think it was to assure staff that the allegations put forward by Mr. Volcker and the findings in his interim report will be acted upon responsibly and quickly.  And that they should have confidence that the Organization is going to learn from its mistakes and carry on.

Peter?

Question:   Just one last housekeeping note.  You said there are going to be two speeches that the Secretary-General will deliver; one in London, one in Munich?

Spokesman:  Yes.

Question:   How will they differ?

Spokesman:  The one in London is on the 2005 agenda, which is made of the Millennium Development Goals and the security issues raised by the High-Level Panel report.  The Munich conference is focusing on security only.  And he will, therefore, touch upon the UN’s role in international security issues, going into that in greater depth than he did in London.

Mr. Abbadi?

Question:   Who has replaced Mr. Stephanides as the Director of Security Council Affairs?

Spokesman:  I haven’t been told that.  But, we did ask that question this morning and as soon as we get an answer we’ll let you know.  There will be an acting head of that unit named, I assume.

[The Spokesman later announced that Mr. Stephanides’ deputy, Linda Perkin, would act as head of that unit in the meantime].

Djibril Diallo, Spokesman for the President of the General Assembly.

Spokesman for General Assembly President:

Good afternoon,

This morning the President of the General Assembly will be presiding over an open-ended Working Group on the Question of Equitable Representation on and Increase in the Membership of the Security Council and Other Matters related to the Security Council.

This morning’s meeting is dedicated to organizational matters of the open-ended working group.  During the meeting, the President announced that he was nominating two co-vice-chairpersons for the open-ended working group:  Paulette Bethel from the Bahamas, for the first time; and Christian Wenaweser of Liechtenstein, nominated for another term.

President Jean Ping told the members that “intense consultations have been under way, and it is necessary to continue them, in order to put together the work plan and the way in which the working group will conduct its sessions”.

This open-ended group was created in 1993 by a resolution of the General Assembly which also gives the President of the General Assembly the mandate to preside over this working group.

On Friday, the General Assembly Ad Hoc Committee on a convention on the rights of persons with disabilities concluded its fifth session after reaching further agreements on draft articles addressing access to justice, privacy, family, independent living, full inclusion in the community and other individual rights.

“This major human rights convention represents a shift in the way governments interact with persons with disabilities”, the coordinator of the informal consultations, Don MacKay of New Zealand, said at a press conference on Friday.

On freedom of expression and opinion and access to information, the Committee agreed on a text providing that States parties should take all measures to ensure that persons with disabilities can exercise their right to freedom of expression and opinion.  In particular, States parties should provide information in a timely manner and without additional costs and in accessible formats and technologies, and facilitate the use of sign language, Braille and augmentative alternative communication.

On safeguarding privacy (article 14), the agreed draft text stipulates that persons with disabilities shall not be subjected to arbitrary or unlawful interference, when it comes to their privacy and correspondence.  A separate draft article was proposed on protection of the home and family, which would ensure the rights of persons with disabilities to decide freely and responsibly on the number and spacing of their children on an equal basis with other persons.

On living independently and inclusion in the community, there was broad support for committing States parties to take measures to enable persons with disabilities to live independently and as full participants in the community, including the right to choose one’s place of residence and living arrangements.

The next session of the Committee will take place from 1 to 12 August.

The President’s calendar -- President Ping met this morning with Assistant Secretary-General and Special Adviser on Gender Issues and the Advancement of Women, Rachel Mayanja.  They discussed the links between UN reform and the appraisal of the Beijing Platform for Action and the Millennium Development Goals.

That’s all I have for you.

Any questions?

If not, thank you.

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