Sexual Exploitation and Abuse Policy
Background
The United Nations has developed a series of policies concerning sexual exploitation and abuse in response to allegations that such acts had been committed by peacekeeping and humanitarian personnel. Allegations of this nature arose in regions including the Balkans, Cambodia and Timor Leste during the 1990s, in West Africa in 2002 and in the Democratic Republic of the Congo in 2004.
In his report to the General Assembly on the Investigation into sexual exploitation of refugees by aid workers in West Africa [A 57/465], former Secretary-General Kofi Annan said:“Sexual exploitation and abuse by humanitarian staff cannot be tolerated. It violates everything the United Nations stands for. Men, women and children displaced by conflict or other disasters are among the most vulnerable people on earth. They look to the United Nations and its humanitarian partners for shelter and protection. Anyone employed by or affiliated with the United Nations who breaks that sacred trust must be held accountable and, when the circumstances so warrant, prosecuted.”
The Inter-Agency Standing Committee (IASC) Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises, composed of UN and non-governmental organizations (NGOs), was established in March 2002. It developed agreed definitions of sexual exploitation and sexual abuse and adopted standards of behaviour to be included in UN and NGO codes of conduct.
This led to the Secretary-General’s bulletin Special measures for protection from sexual exploitation and sexual abuse in October 2003. [ST/SGB/2003/13]. This document reiterates specific prohibitions and standards for all UN personnel. Sexual exploitation is defined as “any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another”. Sexual abuse is defined as “the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions”.
Reiterating obligations under United Nations Staff Regulations and Rules, the Special measures for protection from sexual exploitation and sexual abuse bulletin provides that:
- Sexual exploitation and sexual abuse constitute acts of serious misconduct and are therefore grounds for disciplinary measures, including summary dismissal;
- Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief in the age of a child is not a defence;
- Exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour, is prohibited. This includes any exchange of assistance that is due to beneficiaries of assistance;
- Sexual relationships between United Nations staff and beneficiaries of assistance, since they are based on inherently unequal power dynamics, undermine the credibility and integrity of the work of the United Nations and are strongly discouraged;
- Where a United Nations staff member develops concerns or suspicions regarding sexual exploitation or sexual abuse by a fellow worker, whether in the same agency or not and whether or not within the United Nations system, he or she must report such concerns via established reporting mechanisms;
- United Nations staff are obliged to create and maintain an environment that prevents sexual exploitation and sexual abuse. Managers at all levels have a particular responsibility to support and develop systems that maintain this environment.
These and other types of sexually exploitive or sexually abusive behaviour may be grounds for administrative action or disciplinary measures, including summary dismissal, pursuant to the United Nations Staff Regulations and Rules.
The UN has also issued a series of disciplinary directives for military members of national contingents, civilian police officers and military observers. The Secretary-General’s bulletin Observance by United Nations forces of international humanitarian law [ST/SGB/1999/13] prohibits UN forces conducting operations under UN command and control from committing acts of sexual exploitation and abuse, and stipulates a particular duty of care towards women and children.
Reforms to eliminate sexual exploitation and abuse
In 2004, former UN Secretary-General Kofi Annan invited H.R.H. Prince Zeid Ra’ad Zeid Al-Hussein, the Permanent Representative of Jordan to the UN, to be his Adviser on Sexual Exploitation and Abuse by UN Peacekeeping Personnel. A comprehensive strategy to eliminate future sexual exploitation and abuse in United Nations Peacekeeping operations [A/59/710], known as the Zeid Report, was released in March 2005.
The Zeid Report provided a comprehensive and innovative package of reforms for both the UN Secretariat and Member States. It was debated in the General Assembly in April 2005, and led to the adoption of a two-year package of reforms for peacekeeping concerning sexual exploitation and abuse [A/59/19/Rev.1] and [A/RES/59/300].
“Implementing fundamental, systemic changes as a matter of urgency” was one of the report’s main recommendations. Although the focus was on sexual exploitation and abuse, the problems identified related to a range of misconduct, which highlighted a lack of awareness of UN standards of conduct, unclear procedures for making complaints, incomplete data on misconduct and insufficient capacity in peacekeeping missions to conduct investigations. One of the first steps taken to rectify this situation was the creation at Headquarters of the Conduct and Discipline Unit in 2005 and the establishment of Conduct and Discipline Teams in field missions.
UN and NGO Task Force
Following the work of the IASC Task Force, the Executive Committees on Humanitarian Affairs and Peace and Security (ECHA/ECPS), a UN and NGO Task Force on Protection from Sexual Exploitation and Abuse, was established in February 2005. It is comprised of approximately 30 UN and non-UN entities which have formed partnerships to address sexual exploitation and abuse in countries where there are peacekeeping missions and organizations conducting development, peacekeeping and humanitarian work.
In December 2006, under the auspices of the ECHA/ ECPS Task Force, the Department of Peacekeeping Operations, the Office of the Coordination of Humanitarian Affairs (OCHA), the United Nations Development Programme and the United Nations Children’s Fund hosted the High-level Conference on Eliminating Sexual Exploitation and Abuse [PDF] by UN and NGO Personnel. Senior leaders in the UN, NGOs and international organizations assessed challenges in preventing and responding to SEA by their staff.
A Statement of Commitment on Eliminating Sexual Exploitation and Abuse by UN and Non-UN Personnel [PDF] was issued at the conference. It contains the following ten action points:
- Develop organization-specific strategies to prevent and respond to sexual exploitation and abuse.
- Incorporate our standards on sexual exploitation and abuse in induction materials and training courses for our personnel.
- Prevent perpetrators of sexual exploitation and abuse from being (re-)hired or (re-)deployed.
- Ensure that complaint mechanisms for reporting sexual exploitation and abuse are accessible and that focal points for receiving complaints understand how to discharge their duties.
- Take appropriate action to the best of our abilities to protect persons from retaliation where allegations of sexual exploitation and abuse are reported involving our personnel.
- Investigate allegations of sexual exploitation and abuse in a timely and professional manner.
- Take swift and appropriate action against our personnel who commit sexual exploitation and abuse.
- Provide basic emergency assistance to complainants of sexual exploitation and abuse.
- Regularly inform our personnel and communities on measures taken to prevent and respond to sexual exploitation and abuse.
- Engage the support of communities and governments to prevent and respond to sexual exploitation and abuse by our personnel.
The ECHA/ECPS UN and NGO Task Force on Protection from Sexual Exploitation and Abuse, co-chaired by the Department of Field Support and OCHA, is the current mechanism that provides strategic guidance and supports common initiatives by UN agencies and NGOs. The focus of the Task Force is four-fold: engagement with local populations, prevention, response, including assistance to victims, and management and coordination.
Evolution of Department of Peacekeeping Operations/ Department of Field Support Initiatives to Address Sexual Exploitation and Abuse
1998 – UN Ten Rules Code of Conduct for Blue Helmets pocket cards issued to uniformed peacekeeping personnel.
2001 – Provision of training materials on Codes of Conduct to Member States for use in pre-deployment training of uniformed personnel.
2002 (March) - Inter-Agency Standing Committee Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises established.
2002 - Development of a mission-specific code of conduct in United Nations Organization Mission in the Democratic Republic of the Congo (MONUC).
2003 - UN Secretary-General’s Bulletin on Special measures for protection from sexual exploitation and sexual abuse [ST/SGB/2003/13] published.
2004 – UN Secretary-General invited H.R.H. Prince Zeid Ra’ad Zeid Al-Hussein, the Permanent Representative of Jordan to the UN, to act as his Adviser on Sexual Exploitation and Abuse by UN Peacekeeping Personnel.
2005 (February) - Executive Committees on Humanitarian Affairs and Peace and Security UN and NGO Task Force on Protection from Sexual Exploitation and Abuse was established.
2005 (March) - The Zeid Report, A comprehensive strategy to eliminate future sexual exploitation and abuse in United Nations Peacekeeping operations [A/59/710], was released.
2005 (April) - The General Assembly debated the Zeid Report, which led to the adoption of a two-year package of reforms for peacekeeping on sexual exploitation and abuse [A/59/19/Rev.1] and [A/RES/59/300].
2005 (November) - Conduct and Discipline Teams established at Headquarters and in field missions.
2005 (March) - Office to address sexual exploitation and abuse established in the United Nations Organisation Mission in the Democratic Republic of Congo (MONUC).
2006 (December) - DPKO, OCHA, UNDP and UNICEF hosted the High-level Conference on Eliminating Sexual Exploitation and Abuse by UN and NGO Personnel. A Statement of Commitment on Eliminating Sexual Exploitation and Abuse by UN and Non-UN Personnel [PDF] was issued at the conference.
2007 (July) - The revised model Memorandum of Understanding was adopted by Troop Contributing Countries and the UN, which includes specific provisions on sexual exploitation and abuse. [A/61/10 Part IIIA]
2007 (December) – The General Assembly passed the Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse [A/RES/62/214], which includes medical treatment, counselling, social support, legal services and material care.
2007 (December) - The General Assembly adopted the Resolution Criminal accountability of United Nations officials and experts on missions [A/RES/62/63] to address the extension of jurisdiction to cover criminal misconduct of UN officials or experts on mission.