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+[House Hearing, 112 Congress] +[From the U.S. Government Publishing Office] + + + + THE UNITED NATIONS: URGENT PROBLEMS THAT NEED CONGRESSIONAL ACTION + +======================================================================= + + BRIEFING + + BEFORE THE + + COMMITTEE ON FOREIGN AFFAIRS + HOUSE OF REPRESENTATIVES + + ONE HUNDRED TWELFTH CONGRESS + + FIRST SESSION + + __________ + + JANUARY 25, 2011 + + __________ + + Serial No. 112-3 + + __________ + + Printed for the use of the Committee on Foreign Affairs + + + Available via the World Wide Web: http://www.foreignaffairs.house.gov/ + + ______ + + + U.S. GOVERNMENT PRINTING OFFICE +64-009 WASHINGTON : 2011 +----------------------------------------------------------------------- +For sale by the Superintendent of Documents, U.S. Government Printing Office, +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, [email protected]. + + COMMITTEE ON FOREIGN AFFAIRS + + ILEANA ROS-LEHTINEN, Florida, Chairman +CHRISTOPHER H. SMITH, New Jersey HOWARD L. BERMAN, California +DAN BURTON, Indiana GARY L. ACKERMAN, New York +ELTON GALLEGLY, California ENI F.H. FALEOMAVAEGA, American +DANA ROHRABACHER, California Samoa +DONALD A. MANZULLO, Illinois DONALD M. PAYNE, New Jersey +EDWARD R. ROYCE, California BRAD SHERMAN, California +STEVE CHABOT, Ohio ELIOT L. ENGEL, New York +RON PAUL, Texas GREGORY W. MEEKS, New York +MIKE PENCE, Indiana RUSS CARNAHAN, Missouri +JOE WILSON, South Carolina ALBIO SIRES, New Jersey +CONNIE MACK, Florida GERALD E. CONNOLLY, Virginia +JEFF FORTENBERRY, Nebraska THEODORE E. DEUTCH, Florida +MICHAEL T. McCAUL, Texas DENNIS CARDOZA, California +TED POE, Texas BEN CHANDLER, Kentucky +GUS M. BILIRAKIS, Florida BRIAN HIGGINS, New York +JEAN SCHMIDT, Ohio ALLYSON SCHWARTZ, Pennsylvania +BILL JOHNSON, Ohio CHRISTOPHER S. MURPHY, Connecticut +DAVID RIVERA, Florida FREDERICA WILSON, Florida +MIKE KELLY, Pennsylvania KAREN BASS, California +TIM GRIFFIN, Arkansas WILLIAM KEATING, Massachusetts +TOM MARINO, Pennsylvania DAVID CICILLINE, Rhode Island +JEFF DUNCAN, South Carolina +ANN MARIE BUERKLE, New York +RENEE ELLMERS, North Carolina +VACANT + Yleem D.S. Poblete, Staff Director + Richard J. Kessler, Democratic Staff Director + + + C O N T E N T S + + ---------- + Page + + BRIEFERS + +Mr. Brett Schaefer, Jay Kingham fellow in International + Regulatory Affairs, Margaret Thatcher Center for Freedom, the + Heritage Foundation............................................ 10 +Ms. Claudia Rosett, journalist-in-residence, Foundation for + Defense of Democracies......................................... 32 +Mr. Hillel C. Neuer, executive director, UN Watch................ 44 +Mr. Peter Yeo, vice president for public policy and public + affairs, United Nations Foundation and executive director, + Better World Campaign.......................................... 53 +Mr. Mark Quarterman, senior adviser and director, Program on + Crisis, Conflict, and Cooperation, Center for Strategic and + International Studies.......................................... 59 +Mr. Robert Appleton, former chairman, United Nations Procurement + Task Force..................................................... 68 + + LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE BRIEFING + +The Honorable Ileana Ros-Lehtinen, a Representative in Congress + from the State of Florida, and chairman, Committee on Foreign + Affairs: Prepared statement.................................... 4 +Mr. Brett Schaefer: Prepared statement........................... 12 +Ms. Claudia Rosett: Prepared statement........................... 34 +Mr. Hillel C. Neuer: Prepared statement.......................... 46 +Mr. Peter Yeo: Prepared statement................................ 55 +Mr. Mark Quarterman: Prepared statement.......................... 61 +Mr. Robert Appleton: Prepared statement.......................... 70 + + APPENDIX + +Briefing notice.................................................. 102 +Briefing minutes................................................. 103 + + + THE UNITED NATIONS: URGENT PROBLEMS THAT NEED CONGRESSIONAL ACTION + + ---------- + + + TUESDAY, JANUARY 25, 2011 + + House of Representatives, + Committee on Foreign Affairs, + Washington, DC. + The committee met, pursuant to notice, at 10 o'clock a.m., +in room 2272 Rayburn House Office Building, Hon. Jean Schmidt +(acting chairman of the committee) presiding. + Mrs. Schmidt. I want to call this briefing to order. This +briefing of the Committee on Foreign Affairs will come to order +at 10:06 in the morning. Unfortunately, our chairwoman, Ileana +Ros-Lehtinen, is unable to be in Washington this week. She is +at her family's side. Her mother is in failing health from +complications with Alzheimer's and so I would ask that we all +remember she and her mother and her family in this very +troubled time. It's very difficult to lose a loved one, +especially a parent. So Ileana asked me to chair this briefing +and I was very gracious and happy to accept. + I will now recognize myself for 7 minutes to read the +chairman's opening statement, which should be considered +attributable to her. As I said, this is her statement. + + ``As I said at this committee's last hearing on + United Nations reform, `With significant leadership by + the United States, the United Nations was founded on + high ideals. The pursuit of international peace and + development, and the promotion of basic human rights + are core, historic concerns of the American people. At + its best, the U.N. can play an important role in + promoting U.S. interests and international security, + but reality hasn't matched the ideals.' + ``Accordingly, U.S. policy on the United Nations + should be based on three fundamental questions: Are we + advancing American interests? Are we upholding American + values? And are we being responsible stewards of + American taxpayer dollars? + ``Unfortunately, right now, the answer to all three + questions is `No.' + ``Here's some simple math: With no strings attached, + we pay all contributions that the United Nations + assesses to us--22 percent of their annual budget--plus + billions more every year. According to the OMB, in + Fiscal Year 2009, the U.S. contributed well over $6 + billion to the U.N.--at a time of high unemployment, + skyrocketing deficits, crushing debt, and other great + economic and fiscal challenges to our nation. + ``What have we gotten in return from the U.N.? Here + are a few examples. + ``The U.N. Development Program fired a whistle-blower + who revealed that the United Nations Development + Program's office in North Korea was not being managed + properly, and was being exploited by Kim Jong Il's + regime. + ``In 2008, a Senate subcommittee found that: The U.N. + Development Program's local staff was selected by the + regime, and UNDP paid staff salaries directly to the + regime--in foreign currency--with no way to know the + funds weren't being diverted to enrich the regime; UNDP + prevented proper oversight and undermined whistleblower + protections by limiting access to its audits and + refusing to submit to the U.N. Ethics Office's + jurisdiction; the regime used its relationship with + UNDP to move money outside North Korea; and UNDP + transferred funds to a company tied to an entity + designated by the U.S. as North Korea's financial agent + for weapons sales. + ``The UNDP briefly pulled out of North Korea, but now + they're back, and this time they can select staff from + a list of three candidates hand-picked by the regime, + not just one candidate. + ``That's what passes for reform at the U.N. + ``U.S. taxpayers are also paying over one-fifth of + the bills for the U.N.'s anti-Israel activities, + including the U.N. Human Rights Council, a rogues' + gallery dominated by human rights violators who use it + to ignore real abuses and instead attack democratic + Israel relentlessly. The council was also the + fountainhead for the infamous Durban Two conference and + the Goldstone Report. + ``One more example: An independent Procurement Task + Force uncovered cases of corruption tainting hundreds + of millions of dollars in U.N. contracts. In response, + the U.N. shut down the Task Force. When the head of the + U.N.'s oversight office tried to hire the chairman of + the task force, former U.S. prosecutor Robert Appleton, + as the top investigator, the U.N. Secretary-General + blocked it. + ``Well, the U.N. may not want him, but we're pleased + to have Mr. Appleton here today. + ``Ironically, the U.N.'s current chief investigator-- + who has reportedly failed to pursue cases--is now under + investigation himself for retaliating against whistle- + blowers! + ``Ambassador Susan Rice says that the U.S. approach + to the U.N. is, `We pay our bills. We push for real + reform.' Instead, we should be conditioning our + contributions on `reform first, pay later.' + ``In the past, Congress has gone along by willingly + paying what successive administrations asked for-- + without enough oversight. This is one of the first true + U.N. reform hearings held by this committee in almost 4 + years, but it won't be the last. + ``Right now, the vast majority of countries at the + U.N. General Assembly pay next to nothing in assessed + contributions, creating a perverse incentive because + those who make decisions don't have to pay the bills. + So I,'' meaning Ileana Ros-Lehtinen, ``am going to + reintroduce legislation that conditions our + contributions--our strongest leverage--on real, + sweeping reform, including moving the U.N. regular + budget to a voluntary funding basis. That way, U.S. + taxpayers can pay for the U.N. programs and activities + that advance our interests and values, and if other + countries want different things to be funded, they can + pay for it themselves. + ``This will encourage competition, competence, and + effectiveness. + ``The voluntary model works for UNICEF and many other + U.N. agencies, and it can work for the U.N. as a whole. + ``One more point: Some of the U.N.'s defenders like + to cite some good U.N. activities to gain support for + funding bad ones. However, we're not here to play + `Let's Make a Deal' with hard-earned U.S. taxpayer + dollars. Each U.N. office, activity, program, and sub- + program, country by country and function by function, + must be justified on its own merits. + ``UNICEF programs to help starving children cannot + excuse the United Nations Relief and Works Agency's + having members of Hamas on its payroll. The World + Health Organization's vaccination programs cannot + excuse the Human Rights Council's biased actions. + ``My colleagues, reforming the U.N. should not be a + Republican or Democrat issue. It is in the interest of + all Americans. And so I hope and trust that U.N. reform + efforts will be strongly bipartisan.'' + + That concludes the chairwoman's opening remarks. Following +the opening remarks by our ranking member, we will follow the +protocol of other briefings in this Congress and proceed +directly to oral statements by our presenters. + I am now pleased to recognize our distinguished ranking +member, Mr. Berman, for his opening remarks. + [The prepared statement of Chairman Ros-Lehtinen follows:] + ++ +
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+ + Mr. Berman. Madam Chairwoman, thank you very much for +yielding me this time and initially let me say that I think all +of us, our thoughts and our prayers are with Ileana as she is +by her mother's side at this very difficult time and understand +why she's not here. + Madam Chairwoman, the flaws, shortcomings, and outrages of +the United Nations, both past and present, are numerous and +sometimes flagrant. These include the Human Rights Council's +obsession with and biased treatment of Israel. As the +chairwoman pointed out, the membership, a rogue's gallery of +human rights abusers who have worked to highjack that +organization's agenda; the anti-Israel vitriol spewed from +innumerable U.N. platforms, led by the Committee on the +Exercise of Inalienable Rights of the Palestinian People; the +oil for food scandal; sexual violence perpetrated by U.N. +peacekeepers; the unnecessarily high vacancy rates and other +problems at the Office of Internal Oversight Services; and the +overlapping jurisdiction of agencies, the duplications of +services, and inefficient procurement practices of the U.N. as +a whole + And like almost all Americans, I'm repelled by these +examples of corruption, mismanagement, and bias. But there is +another side to the U.N. ledger and it's wrong to ignore it. +The United Nations often plays an essential role in supporting +American foreign policy and national security interests. From +UNDP's work organizing the recent referendum in South Sudan to +the wonderful work of the UNHCR and its efforts to protect and +resettle refugees to the Security Counsel resolutions imposing +sanctions on Iran, the U.N. acts as a force multiplier for U.S. +interests. + During the Bush administration, we saw a significant rise +in U.N. peacekeeping costs. Why? Because President Bush +understood that having blue helmets on the ground reduced or +eliminated the need for U.S. troops. The U.N. peacekeeping +presence in Haiti is perhaps the clearest example of how the +U.N. systems advances our own interests at a far lower cost +than direct U.S. intervention. + In an analysis of that U.N. force, the Government +Accountability Office concluded it would cost twice as much for +the United States to carry out a similar peacekeeping mission +using our own troops. So what should we do about the many +shortcomings we've referenced? I strongly believe that the best +way to successfully achieve the improvements that are needed is +to work with our allies to constructively engage the U.N. on a +reform agenda. Experience has shown that this strategy is much +more effective than withholding our dues. Not only did previous +attempts to force us into arrears that the U.N. failed to +achieve the significant reforms that have taken place in the +last few years, but they severely weakened our diplomatic +standing. Had we been in such deep arrears last year, does +anyone honestly think it would not have impeded our ability to +get an additional round of Iran sanctions through the Security +Council? + The many reform efforts currently underway in New York, +Geneva, and elsewhere in the U.N. system are a testament to the +strategy developed under both the Bush and Obama +administrations to work with the U.N. to enact common sense +reforms, many of which were laid out in a 2005 report co- +authored by former Speaker Newt Gingrich and Senator George +Mitchell. The fruits of the Gingrich-Mitchell work were clearly +evident with the establishment of the U.N. Ethics Office 4 +years ago. + The same can be said about the creation of an independent +Audit Advisory Committee, a body now headed by former U.S. +Comptroller General David Walker, to review the activities of +the Office of International Oversight Services and the U.N. +Board of Auditors. + The recent creation of the U.N. Woman Organization and the +U.N.'s Delivering as One Pilot Initiative have demonstrated the +U.N.'s determination to remedy the fragmentation and +organizational incoherence that have plagued parts of the U.N. +system and has resulted in overlapping mandates, lack of +coordination, waste of resources. + Much more remains to be done to develop a fully transparent +and financially accountable budget process. Strengthen program +monitoring and evaluation, streamline the U.N. Secretariat, +promote a strong culture of ethics and accountability, and +encourage U.N. agencies to work together to achieve greater +cost savings. But make no mistake about it, there has been +progress on the reform front. + I would also like to take a moment to further discuss the +issue of the U.N. Human Rights Council. As we all know, the +council was created to replace the thoroughly discredited Human +Rights Commission. Unfortunately, the previous administration +chose not to constructively engage the council in its early +days, thus ceding the organization to the same block of nations +who take advantage of every opportunity to attack and to +delegitimize Israel in international fora. I supported the +Obama administration's decision to join the council in the +hopes of reforming the organization and transforming it into a +serious voice on human rights in the U.N. system. + In less than 2 years, progress has been made on the +council. The U.S. has used its voice as the leading global +advocate for human rights to push strong council action on a +number of significant human rights abuses from the ethnic +violence in Kyrgyzstan to the recent standoff in Ivory Coast. +And the Obama administration deserves significant credit for +its successful diplomatic campaign to deny Iran a seat on the +council. + Notwithstanding these important accomplishments, the anti- +Israel vitriol that all too often emanates from the council and +the inclusion of serious human rights violators among the +council's membership remains a deep stain on the U.N.'s +reputation. + Madam Chairwoman, in closing, let me just say again that I +agree with you that the U.N. needs significant reforms. Where I +think we differ in our approach is the best way to achieve +those reforms. Based on our experience in recent years, I would +argue that we have a much greater chance of success if we work +inside the U.N. with like-minded nations to achieve the goals +that I think both sides on this committee and in our Congress +share. + With that, I yield back my remaining time. + Mrs. Schmidt. Thank you very much, Congressman Berman. The +chair is pleased to welcome our six presenters. Mr. Brett +Schaefer is the Jay Kingham fellow in International Regulatory +Affairs at the Heritage Foundation's Margaret Thatcher Center +for Freedom, focusing primarily on the U.N. He previously +served at the Pentagon as an assistant for International +Criminal Court Policy from March 2003 to March 2004. + Ms. Claudia Rosett is a journalist-in-residence with the +Foundation for Defense of Democracies. She previously worked +for 18 years at the Wall Street Journal. + Mr. Hillel Neuer is an international lawyer and the +executive director of UN Watch, a human rights NGO in Geneva. +He previously practiced commercial and civil rights litigation +in New York and served as a law clerk for an Israeli Supreme +Court Justice. + We are pleased to welcome Mr. Peter Yeo back to the +committee. He is currently the vice president for public policy +and public affairs at the United Nations Foundation and +executive director of the Foundation's Better World Campaign. +Mr. Yeo previously served for 10 years as the deputy staff +director on the committee's Democratic staff, first for ranking +member Sam Gejdenson, then for our late chairman, Tom Lantos, +and then for our current ranking member, Mr. Berman, while he +was chairman. + Another former Foreign Affairs Committee alum will brief us +today, Mr. Mark Quarterman. He is currently senior adviser and +director of the Program on Crisis, Conflict, and Cooperation at +the Center for Strategic and International Studies. Mr. +Quarterman previously served at the U.N. in a number of +capacities for almost 12 years, including as chief of staff to +the U.N. Commission on Inquiry into the assassination of the +former Prime Minister of Pakistan and in the U.N.'s Office of +Legal Affairs and Department of Political Affairs. Before that, +Mr. Quarterman served as a staff member for our committee's +Africa Subcommittee and as a program office at the Ford +Foundation for South Africa and Namibia. + Last but not least, Mr. Robert Appleton served as the +chairman of the United Nations Procurement Task Force, a +specially-created anti-corruption unit that conducted hundreds +of investigations of fraud and corruption in the U.N. He also +served as a special counsel and deputy chief legal counsel to +the Independent Inquiry Committee investigation into the U.N. +Oil-for-Food Programme, also known as the Volcker Committee. +More recently, he was selected to serve as the lead +investigator for the U.N.'s Office of Internal Oversight +Services, but his selection was not approved, and we'll no +doubt hear more about that later. Mr. Appleton served for about +13 years as an assistant United States attorney in the District +of Connecticut, prosecuting a wide range of national and +international Federal criminal offenses. Mr. Appleton presently +serves as director of investigations and senior legal counsel +in the Office of the Inspector General in the Global Fund to +Fight AIDS, Tuberculosis and Malaria in Geneva. Mr. Appleton is +presenting his remarks in his personal capacity. + Again, the chair thanks all of our briefers and we remind +them to keep their respective oral summaries to no more than 5 +minutes each, and having watched Ms. Ros-Lehtinen for one time, +I know she's adamant about the 5 minute rule. So I might give +you a few seconds over, but don't test the waters. + Anyway, thank you all for coming and right now, I believe, +Mr. Schaefer, we will hear your testimony. + + STATEMENT OF MR. BRETT SCHAEFER, JAY KINGHAM FELLOW IN +INTERNATIONAL REGULATORY AFFAIRS, MARGARET THATCHER CENTER FOR + FREEDOM, THE HERITAGE FOUNDATION + + Mr. Schaefer. I would like to thank the committee for +inviting me to today's briefing. + The past six decades have seen dozens of reform proposals +both from inside the United Nations and outside. For the most +part, these reforms have been ignored, cosmetic, watered down +or defeated outright. As a result, the U.N. and many of its +affiliated organizations remain hindered by outdated or +duplicative mandates and missions, poor management practices, +ineffectual oversight, and a general lack of accountability. + A key reason for the lack of reform in the U.N. is the +practice of granting equal voting rights to each nation over +budgetary management issues, even though they have vastly +different financial contributions. The bulk of U.N. member +states simply do not pay enough to the U.N. for mismanagement, +corruption, or inefficiency to concern them. For instance, +Sierra Leone is assessed at 0.001 percent of the U.N. regular +budget and 0.0001 percent of the peacekeeping budget. The U.S., +by contrast, is assessed 22 percent and 27.14 percent, +respectively. Therefore, while Sierra Leone and the dozens of +other organizations with similar assessments pay less than +$35,000 per year to the U.N. in these budgets, the United +States pays billions of dollars. + With this in mind, it's hardly surprising that the United +States cares deeply about how the U.N. is managed and how those +funds are used, but most countries simply don't care very much +about it. Yet, these are the countries that possess most of the +votes. The combined assessments of the 128 least-assessed +countries to the United Nations, enough to pass those budgets, +totals less than 1 percent of the U.N. regular budget and less +than one third of 1 percent to the U.N. peacekeeping budget. +These countries, combined with influential voting blocks can +and do block U.S. attempts to implement reforms and curtail +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. +Next we have Ms. Claudia Rosett, journalist-in-residence at the +Foundation for Defense of Democracies. We'll begin when you +begin. + + STATEMENT OF MS. CLAUDIA ROSETT, JOURNALIST-IN-RESIDENCE, + FOUNDATION FOR DEFENSE OF DEMOCRACIES + + 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. + + STATEMENT OF MR. HILLEL C. NEUER, EXECUTIVE DIRECTOR, UN WATCH + + 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. + + STATEMENT OF MR. PETER YEO, VICE PRESIDENT FOR PUBLIC POLICY + AND PUBLIC AFFAIRS, UNITED NATIONS FOUNDATION AND EXECUTIVE + DIRECTOR, BETTER WORLD CAMPAIGN + + 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. + Mr. Quarterman. + +STATEMENT OF MR. MARK QUARTERMAN, SENIOR ADVISER AND DIRECTOR, + PROGRAM ON CRISIS, CONFLICT, AND COOPERATION, CENTER FOR + STRATEGIC AND INTERNATIONAL STUDIES + + 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. + + STATEMENT OF MR. ROBERT APPLETON, FORMER CHAIRMAN, UNITED + NATIONS PROCUREMENT TASK FORCE + + 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.] + + + + + A P P E N D I X + + ---------- + + + Material Submitted for the Briefing Record
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