Friday, March 23, 2012

Obama expects world 'Green climate fund' financed by US taxpayers to be exempt from oversight, questions, and lawsuits as the UN is

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Closing down the UN is the only hope for reducing third world misery.

3/22/12, "Mammoth new green climate fund wants United Nations-style diplomatic immunity, even though it’s not part of the UN," George Russell, Fox News

"The Green Climate Fund, which is supposed to help mobilize as much as $100 billion a year to lower global greenhouse gases, is seeking a broad blanket of U.N.-style immunity that would shield its operations from any kind of legal process, including civil and criminal prosecution, in the countries where it operates. There’s just one problem: it is not part of the United Nations.

Whether the fund, which was formally created at a U.N. climate conference in Durban, South Africa last December, will get all the money it wants to spend is open to question in an era of economic slowdown and fiscal austerity. Its spending goal comes atop some $30 billion in “fast start-up” money that has been pledged by U.N. member states to such climate change activities.

A 24-nation interim board of trustees for the Green Climate Fund (GCF) is slated to hold its first meeting next month in Switzerland to organize the fund’s secretariat and to get it running by November, as well as find a permanent home for the GCF’s operations. The board expects to spend about $6.7 million between now and June of next year.

But before it is fully operational, the GCF’s creators—194 countries that belong to the United Nations Framework Convention on Climate Change (UNFCCC), and who are also U.N. members—want it to be immune from legal challenges and lawsuits, not to mention outside inspections, much like the United Nations itself cannot be affected by decisions rendered by a sovereign nation’s government or judicial system.

Despite its name, the UNFCCC was informed in 2006 by the United Nations Office of Legal Affairs that it was not considered a U.N. “organ,” and therefore could not claim immunity for its subordinate bodies or personnel under the General Convention that has authorized U.N. immunity since the end of World War II.

A UNFCCC resolution granting similar immunities would need to be “accepted, approved or ratified” by each individual member of the Kyoto Protocol before it took effect, the U.N. legal office advised. Even if UNFCCC members decided to ask the U.N. General Assembly to grant them similar immunity it would require each U.N. member state to make changes in domestic legislation, the opinion declared.

The immunity that the UNFCCC wants also governs where the Green Climate Fund can make its home. Among other things, the GCF board is charged to consider whether any would-be hosts have “the ability to provide privileges and immunities to the Fund as are necessary for the fulfillment of its purposes, and to the officials of the Fund as are necessary for the

  • independent exercise of their official functions.”

In other words, without offering immunity, you cannot host the Green Climate Fund.

Countries interested in hosting the Green Climate Fund have until April 15 to let the board know. The U.S. is not considered likely to be one of them.

According to an official of the U.S. Treasury, which strongly supports the existence of the GCF, the full extent of the immunities still remains to be worked out by the fund board, although the wording of various UNFCCC resolutions indicate that immunities like those held by the U.N. are clearly envisaged.

Even beyond the U.N., immunities from outside inspection and legal action have become a hallmark of international organizations, whose members often consider them a necessity to keep their operations, and their officials, from facing harassment in national courts. Among others, the Global Fund to Fight AIDS, Tuberculosis and Malaria (GFATM), an organization initially sparked by Bill Gates, has been granted such immunities under U.S. law, according to the International Organizations Immunities Act. The World Bank, among other development finance institutions, also enjoys immunities.

Critics of such immunities, on the other hand, say that they are a barrier to proper external oversight of vast amounts of international spending, a potential facilitator of corruption, and a dangerous weapon against the protection of property rights and other civil rights of those affected by the institutions’ actions.

Immunities amount to a veil of secrecy,” says Bea Edwards, executive director of the Government Accountability Project, a Washington-based whistleblower protection organization.

“They are an immunity from external audit or oversight. They build in a structural conflict of interest at any immune institution for any internal oversight mechanism.”

Those differing views could be even strongly felt in the years ahead due to the sweeping environmental actions that the GCF intends to finance and foster in its bid to forge a new, global “green economy” to forestall hazardous “climate change.”

For one thing, there is the hoped-for size of the GCF: $100 billion in annual spending would be more than well more than double the amount ($44 billion) spent in 2010 by the World Bank , heretofore the world’s largest development institution. The scope of the climate fund’s ambitions is also likely to vary widely across much of the developing world—where oversight is already weak, and national governments, which would execute most of the GCF’s projects, are often spectacularly corrupt.

For another, private investors as well as public-private partnerships, in addition to governments, could be contributing resources through the GCF, meaning that private interests could also benefit from the cloud of secrecy that immunities would place over the fund’s operations.

(Under U.N. immunity rules, property and funds “administered” by a U.N. agency “in furtherance of its constitutional functions” count as its own.)

That cloud of secrecy and privilege—at least, as codified by the U.N., is formidable.

According to the U.N.’s convention on privileges and immunities as applied in 1947 to U.N. “specialized agencies,” their property and assets “shall enjoy immunity from every form of legal process,” except when waived. And even then, waivers can never apply “to any measure of execution,” meaning whatever was done with them.

U.N. premises as well as property and assets, are immune from “search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative judicial or legislative action.” All archives and documents, including even those “held” by the agencies, are considered “inviolable.”

Such agencies can move money, gold or any kinds of funds outside of any national regulation; are exempt from taxes, customs duties and import or export restrictions.

The same bulletproof status goes for their officials.

In the case of something like the GCF, this is “an issue of extending privileges and immunities to property rights,” in the opinion of Allan Meltzer, a distinguished professor of political economy at Carnegie Mellon University. “And these privileged people will not necessarily protect the property rights of others,” he adds.

A consultant at various times to the U.S. Treasury, the Federal Reserve, and Congress, Melzer also chaired a Clinton-era congressionally-mandated advisory commission on International financial institutions, including the International Monetary Fund and the World Bank.

Says he: “Rather than extending immunities, we should be emphasizing the rule of law. If we want to do environmental things, we should do them above board, not in secret.”

Judging from the course it has set for itself, the masters of the Green Climate Fund evidently disagree. However, questions sent last week, and again early this week, by Fox News to the CGF regarding its operations and immunities had received no reply before this article was published."

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9/28/11, "In Scramble for Land, Group Says, Company Pushed Ugandans Out," NY Times, Josh Kron

"The case twists around an emerging multibillion-dollar market trading carbon-credits under the Kyoto Protocol, which contains mechanisms for outsourcing environmental protection to developing nations.

The company involved, New Forests Company, grows forests in African countries with the purpose of selling credits from the carbon-dioxide its trees soak up to polluters abroad. Its investors include the World Bank, through its private investment arm, and the Hongkong and Shanghai Banking Corporation, HSBC."...

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Photo, "Inconvenient Farmers" killed by private climate militias to advance their "carbon trading" projects in Honduras:

Honduran farmers alleged killed by private climate militias, EurActiv

10/3/11, "Carbon credits tarnished by human rights 'disgrace'," EurActiv, Arthur Neslen

"The reported killing of 23 Honduran farmers in a dispute with the owners of UN-accredited palm oil plantations in Honduras is forcing the Clean Development Mechanism (CDM) executive board

  • to reconsider its stakeholder consultation processes."...

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10/28/11, "UK firm's failed biofuel dream wrecks lives of Tanzania villagers," UK Guardian, Damian Carrington

"The G20 meeting next week will discuss the issue, following a stark report it received in June from the

calling for biofuels subsidies to be abandoned."...(last 2 are ft links from UK Guardian article)

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10/3/11, "Honduran Deaths Trigger EU Carbon Credit Clash," New American, R. Terrell

"The Honduran farmers plight is frighteningly similar to the situation in Uganda, where government authorities evicted more than 20,000 people and destroyed their homes so another UN-accredited corporation, New Forests Company, could plant trees on their property. Planting those trees would allow New Forests to earn extra ERCs from the UN, which it can turn around and sell on the international market. Such greed is also the motive behind the violence in Honduras, prompting some EP members to call for rescinding Honduran carbon credits. The European Union is more tight-lipped about Uganda, possibly because New Forests Company is backed by the World Bank and the EU."...

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12/1/10, "EU Carbon permits missing from registry due to (computer) virus," Reuters, Nina Chestney

"
One million European carbon permits (valued at $19.54 million US) have gone missing from the Romanian subsidiary of cement company Holcim's (HOLN.VX) emissions registry account due to a computer virus,

  • the EU Commission said on Wednesday."...

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UN environmental consultant says fraud in UN carbon trading can't be fixed, is interwoven in too many public and private sector jobs including the World Bank and the UN. And, "there is

  • nobody in that world that is critical of the process because
  • they are all making their living off it.”"...(item near end of article)
10/12/10, "A carbon trading system draws environmental skeptics," New York Times, Patricia Brett
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2/10/2009, "Wind Turbines in Europe Do Nothing for Emissions-Reduction Goals," Der Spiegel, Anselm Waldermann

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11/14/10, "Climate policy distributes the world's new wealth," NZZ, am Sonntag, German press, interview with former co-chair of the UN IPCC Ottmar Edenhofer" a German economist.

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2/18/12, "
Africa's despots of decadence facing French crackdown," Guardian News and Media, Sydney Morning Herald

"At 42 Avenue Foch, one of Paris's most expensive streets, looms a five-storey mansion complete with disco, spa room, hair salon, gold- and jewel-encrusted taps and a balcony-view of the Arc de Triomphe.

Local people always knew when there was about to be a visit from its 41-year-old ''playboy'' resident, Teodorin Obiang, the eldest son of the autocratic President of Equatorial Guinea. Days before his private jet touched down, two trucks would pull up and disgorge a sea of flowers to dress the interior of the mansion.

Crates of the most expensive burgundy were another regular delivery. On one occasion 15,000 DVDs were hauled in."...

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"UNDP withdrew $6.7 million from a U.S. line of credit without permission in 2007...UNDP has yet to explain what happened to that money, the report says."...

UN employee crimes cannot be prosecuted because the UN is above the law. If more Americans knew this it is logical they would demand our withdrawal from the UN.

"Federal prosecutors in New York City were forced to drop criminal and civil cases because the U.N. officials have immunity,"...

4/16/09,
"Report: U.N. spent U.S. funds on shoddy projects," USA Today, Ken Dilanian

"
Two United Nations agencies spent millions in U.S. money on substandard Afghanistan construction projects, including a central bank without electricity and a bridge at risk of "life threatening" collapse, according to an investigation by U.S. federal agents.

The U.N. ran a "quick impact" infrastructure program from 2003 to 2006 under a $25 million grant from the U.S. Agency for International Development. The U.N. delivered shoddy work, diverted money to other countries and then stonewalled U.S. efforts to figure out what happened, according to a report by USAID's inspector general obtained by USA TODAY under the Freedom of Information Act.

"Due to the refusal of the United Nations to cooperate with this investigation, questions remain unanswered," the report says."...


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