UN says Ethiopia has no legal right to expel 7 UN officials

FILE - In this Tuesday, May 11, 2021 file photo, Abeba Gebru, 37, from the village of Getskimilesley, holds the hands of her malnourished daughter, Tigsti Mahderekal, 20 days old, in the treatment tent of a medical clinic in the town of Abi Adi, in the Tigray region of northern Ethiopia. In an interview with The Associated Press Tuesday, Sept 28, 2021, the United Nations humanitarian chief Martin Griffiths calls the crisis in Ethiopia a "stain on our conscience" as children and others starve to death in the Tigray region under what the U.N. calls a de facto government blockade of food, medical supplies and fuel. (AP Photo/Ben Curtis, File)
FILE - In this Tuesday, May 11, 2021 file photo, Abeba Gebru, 37, from the village of Getskimilesley, holds the hands of her malnourished daughter, Tigsti Mahderekal, 20 days old, in the treatment tent of a medical clinic in the town of Abi Adi, in the Tigray region of northern Ethiopia. In an interview with The Associated Press Tuesday, Sept 28, 2021, the United Nations humanitarian chief Martin Griffiths calls the crisis in Ethiopia a "stain on our conscience" as children and others starve to death in the Tigray region under what the U.N. calls a de facto government blockade of food, medical supplies and fuel. (AP Photo/Ben Curtis, File)

UNITED NATIONS (AP) — The United Nations chief informed Ethiopia on Friday it has no legal right to expel seven U.N. officials and warned severe restrictions on desperately needed aid to the conflict-wracked Tigray region have created a humanitarian and human rights crisis that is “spiraling out of control.”

Tigray is facing a near-blockade by the government on deliveries of food, fuel and other humanitarian supplies, and children are reportedly dying of famine.

Secretary-General Antonio Guterres said at least 5.2 million people in the region need humanitarian assistance including at least 400,000 “living in famine-like conditions.” Child malnutrition levels are now at the same level as they were at the start of the 2011 famine in Somalia, he warned.

Ethiopia announced the expulsions Thursday, accusing the seven officials of “meddling” in the country’s affairs and giving them 72 hours to leave. In a new statement Friday, Ethiopia’s foreign ministry accused some U.N. staff of failing “to fulfill their mission independently and impartially” and listing “grave violations” including the alleged diversion of humanitarian assistance to Tigray forces fighting government troops.

Guterres said in a letter informing the U.N. Security Council of the expulsions, which was obtained by the Associated Press, Ethiopia’s decision to expel critical members of the U.N. leadership team “creates yet another obstacle to reaching Ethiopians, at a moment when all efforts should be focused on working together to save and protect lives, protect human rights and avert a humanitarian catastrophe.”

U.N. deputy spokesman Farhan Haq said a diplomatic note sent to Ethiopia’s U.N. Mission and conveyed to Ethiopian Prime Minister Abiy Ahmed during a phone call with U.N. Secretary-General Antonio Guterres on Friday stated the U.N.’s “longstanding legal position” that the doctrine of declaring someone “persona non grata” — or unwelcome — does not apply to U.N. personnel.

“The application of this doctrine to United Nations officials is contrary to obligations under the Charter of the United Nations and the privileges and immunities to be afforded to the United Nations and its officials,” he said.

The doctrine of declaring someone persona non grata applies between one state and another state, Haq said. “We are not a state.”

When issues are raised regarding U.N. personnel, Haq said, “the requirement is that such concerns are appropriately conveyed to the organization.”

“It’s then for the secretary-general to make the necessary determinations and take the necessary steps to address the matter,” the spokesman said.

The diplomatic note to the Ethiopian government from the U.N. Office of Legal Affairs, which was also sent to the Security Council, said the secretary-general can’t make a determination on the conduct of the 7 U.N. officials based on information provided by the foreign ministry. It noted the “unprecedented nature” of ordering the staffers’ expulsion “without any information provided as to conduct that may have been incompatible with the performance of their functions.”

The legal office requested the seven officials “not be required to leave” Ethiopia and resume their official functions with the United Nations. It also requested they be granted visas in compliance with the government’s legal obligations, “including the privileges and immunities to be accorded to the United Nations and its officials.”

Secretary-General Guterres said Thursday he was “shocked” by the announcement and expressed “full confidence” in the U.N. staff, saying they are guided by impartiality and neutrality.

Friday’s statement from Ethiopia’s foreign ministry echoed the government’s earlier accusations that humanitarian workers are supporting the Tigray forces who have been fighting its soldiers and allied forces since November — which aid workers deny.

Thousands of people have died in the conflict marked by gang rapes, mass expulsions and the destruction of health centers, with witnesses often blaming Ethiopian soldiers and those of neighboring Eritrea.

The U.N.’s humanitarian chief, Martin Griffiths, this week told the Associated Press the crisis in Ethiopia is a “stain on our conscience” as children and others starve to death in Tigray under what the U.N. calls a de facto government blockade. Just 10 percent of needed humanitarian supplies have been reaching Tigray in recent weeks, he said.

The remarks were one of the sharpest criticisms so far of the world’s worst hunger crisis in a decade. Memories of the 1980s famine in Ethiopia, which killed around 1 million people and produced images that shocked the world, are vivid in his mind, Griffiths said, “and we fervently hope (this) is not happening at present.”

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