UNICEF armour plating vehicles a violation of local laws - FM
Uditha Kumarasinghe, Irangika Range and Sandasen
Marasinghe
Foreign Minister Rohitha Bogollagama yesterday stated in Parliament
that the Ministry informed the United Nations International Children's
Emergency Fund (UNICEF) in Sri Lanka that fixing bullet proof plates to
a vehicle without approval from the Ministry and Motor Traffic
Department is a breach of relevant regulations.
He made this statement in response to the statement made by JVP
Parliamentarian Wimal Weerawansa on the activities of the UNICEF in Sri
Lanka.
He also said it constitutes a significant alteration to the vehicle
permissible under the Motor Traffic laws of the country. Bogollagama
further said: "I have given due consideration to the statements made by
Wimal Weerawansa, M.P. in this House over the past few weeks concerning
activities of the United Nations Children's Fund (UNICEF) in Sri Lanka.
"I wish to inform this House that the Ministry of Foreign Affairs has
already brought these allegations to the attention of the UN and taken
necessary action."
On November 28, 2007 the UN Resident Coordinator and the Country
Representative of UNICEF were summoned to the Ministry of Foreign
Affairs to express our concern on the main issues and clarification was
sought.
This meeting was also attended by the Director General of Sri Lanka
Customs. In addition, a separate meeting was convened on November 29,
2007 at officials level with the participation of officials of Sri Lanka
Customs, Ministry of Foreign Affairs and Manager, Supply and Procurement
of UNICEF.
"The following four main issues were discussed at these meetings:
(A) Import of 'Meals Ready to Eat' (MRE) by UNICEF
(B) Participation of UNICEF staff members in a local demonstration
(C) Use of bulletproof vehicles
(D) UNICEF's involvement in TRO activities"
UNICEF has imported a consignment of food ration packs "Meals Ready
to Eat" (MREs) on September 17, 2007 containing 5640 packs of MREs to
the value of Euro 40537.50 (SL Rs. 6304627.12).
According to the documents provided by UNICEF to the Ministry of
Foreign Affairs, this consignment of food has been imported for the
exclusive consumption of UNICEF staff during an emergency situation and
kept by the UNICEF in its 07 zonal offices and Colombo.
The UN Resident Coordinator subsequently clarified that UNICEF had
purchased these ration packs on behalf of 12 UN Agencies operating in
Sri Lanka to be used in the event of an emergency. The ration is
sufficient for 3 days.
Clarification was sought as to why UNICEF had imported MRE packs for
emergency purpose when there is no emergency situation prevailing in the
country. UNICEF explained that according to the normal standard
operations of the UN, emergency rations are kept in a contingency stock
and distributed to all UN offices throughout the world for the use of
its staff."
It was discovered that there existed a discrepancy between the
shipping documents and the Clearance Certificate for this consignment.
Since the clearance of the diplomatic cargo is based on the Certificate
issued by the Ministry of Foreign Affairs, a comprehensive screening
system was implemented with immediate effect.
Ministry of Foreign Affairs will undertake this task in consultation
with Sri Lanka Customs and other relevant line Ministries and Agencies
including the Ministry of Defence, Telecommunication Regulatory
Authority."
"Sri Lanka Customs has inspected a sample of a MRE pack and found it
contained two tins of canned meat, biscuits, cheese, marmalade, milk,
sugar and a substance used to warm the food. There was no indication or
label which enabled them to ascertain whether the items belonged to
UNICEF or any other UN organization.
The MREs were in camouflage packing, and had been imported from a
military supplier in France."
UNICEF representative explained that the purchase of MREs had been
done through a tender procedure and since the quantity was small, it was
bought from a military supplier.
The UNICEF Representative further clarified that the UN logo is used
on items imported for charitable purposes. This explanation on the
absence of the logo was unsatisfactory, taking into account, inter alia,
the nature of the items. The Ministry of Foreign Affairs indicated that
it is imperative that UNICEf or UN logo is attached to the items so
imported, in a clear and visible manner.
The absence of a clear logo allowed such items to be abused by
ill-intentioned groups and persons who are not the real beneficiaries -
a situation, inevitably resulting in accusations being levelled against
the Customs, and even the Ministry of Foreign Affairs for the negligent
discharged of their duties".
"UNICEF was requested to propose a mechanism to ensure the safe
storage and safe distribution of the MREs. UNICEF agreed to share
information on this with the Government."
"The Criminal Investigation Department is currently conducting an
investigation on the import of Ready to Eat' packs by UNICEF"
(B) Participation of UNICEF staff members in a local demonstration
The Foreign Ministry summoned the Country Representative of UNICEF on
November 22, 2007 to the Ministry and expressed serious concern on the
participation of several members of UNICEF staff in a public
demonstration in June 2007 and requested to take appropriate action
including the withdrawal of the relevant international staff from Sri
Lanka and the termination of the relevant local staff.
I strongly conveyed to the UN Resident Coordinator at our meeting on
November 28, that the participation of its staff in a demonstration was
unacceptable and requested that the services of such staff be terminated
immediately.
The participation of UN staff in such activities is in violation of
its mandate and a breach of privileges and immunities provided to UN
staff by receiving states under the Convention on the Privileges and
Immunities of the United Nations.
The Government will take stern action against those who are found
guilty after an inquiry, if there is strong ground to believe that there
had been an abuse of diplomatic immunities and privileges in accordance
with the measures open to the receiving States to deal with such
situations.
During the meeting UNICEF Country Representative acknowledged that
four staff members of UNICEF participated at the demonstration which is
a violation of the UN mandate and informed that inquiries are presently
carried out by the UN Department of Human Resources."
UNICEF informed my Ministry on December 4, 2007 that the two
international staff members namely Mrs. Lara Scott who worked as a
Management and Coordination Project Officer and Ms. Rachel McKiney who
worked as an Emergency Education Coordinator have been withdrawn from
the country on November 6 and November 4, 2007 respectively.
The contract of Ms. Patricia Purvez who worked as a Consultant was
terminated on October 19, 2007. My Ministry will advise the Controller
of Immigration and Emigration to deport any expatriate who stays in the
country in violation of the relevant regulations, even after their
contracts have been terminated.
UNICEF has informed that it will keep my Ministry informed regarding
the case of the national staff member. The Country Representative of
UNICEF informed that the concerns of the Government of Sri Lanka have
already been conveyed to the Head Office".
(C) Use of bulletproof vehicles
Regarding the issue of the use of bulletproof vehicles the UNICEF
Country Representative informed that only one vehicle fitted with bullet
proof plates is available in Batticaloa. This is to ensure the safety of
its staff from explosions.
My Ministry informed UNICEF that fixing a bullet proof plates to a
vehicle without approval from the Ministry and Motor Traffic Department
is a breach of the relevant regulations. It constitutes a significant
alteration to the vehicle permissible under the Motor Traffic Laws of
the country. The Commissioner of Motor Traffic will be made aware of
this alteration.
(D) UNICEF's involvement in TRO's activities
On UNICEF's involvement in TRO's activities the UNICEF Country
Representative confirmed that there was no evidence of any illegal
transactions that had taken place between the UNICEF and the TRO.
However, as a measure of confidence building, the UN Headquarters is
presently carrying out a full audit with regard to alleged involvement
of UNICEF in TRO activities. The outcome of the audit will be shared
with the Government of Sri Lanka."
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