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Special Report

Safeguarding children
from sexual exploitation and
abuse in the context of UN
peacekeeping operations
Conor Foley and Sarah Blakemore
Contents

Keeping Children Safe is a dynamic and growing

Keeping Children Safe www.keepingchildrensafe.org.uk


global network working to keep the world’s most
vulnerable children safe from abuse and exploitation.
It was established in 2001 by a group of leading
humanitarian relief and development charities in
response to the growing realisation that children
were being abused by aid and development workers
in emergency camps in West Africa and within
their own organisations.

Keeping Children Safe represents a commitment


by organisations worldwide to protect children
by developing and promoting a set of robust and
comprehensive safeguarding standards that all
organisations can and should follow.

Eddie Gerald / Alamy Stock Photo


As a result of our services, and through our expanding
network of members in over 120 countries, millions
of children worldwide are now better protected

5
Executive summary
Vision:
7
Introduction
Our vision is for all children to have a safe and healthy
development into adulthood. 9
The scale of the problem and the UN response
15
Responding to reports of abuse
Mission:
19
Keeping Children Safe’s mission is to work with Troop contributing countries
organisations to safeguard all children from exploitation, 25
abuse and violations of their human rights. We advocate Keeping children safe in humanitarian organisations
for the universal adoption and monitoring of international
27
standards on safeguarding, build the capacity of Conclusions and recommendations
organisations to safeguard children, and work to advance
a global movement of organisations committed to ensure
that their staff, operations, and programmes do no harm Front cover: Blickwinkel / Alamy Stock Photo

to children. Disclaimer: All images used are for illustrative purposes only and no individual identified has been involved in the issues raised in this report

Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 3
Executive summary

Despite the UN’s full commitment to a policy of zero tolerance


Keeping Children Safe www.keepingchildrensafe.org.uk

Keeping Children Safe www.keepingchildrensafe.org.uk


of sexual exploitation and abuse (SEA), cases continue to
be reported in peacekeeping missions. The vast majority of
peacekeeping personnel perform their jobs with courage,
dedication and professionalism. Yet those who do commit SEA
offences betray the trust of those whom they have been sent
to protect and bring shame on the entire UN system.
When allegations of serious misconduct are Keeping Children Safe advocates for all
made, the UN can repatriate the individuals organisations to protect the children
concerned, make recommendations to the they come into contact with by adopting
Troop Contributing Country (TCC), and ban International Child Safeguarding Standards.
the individual from future peacekeeping Its team of expert social workers, police
operations. It will usually, however, be officers and international safeguarding
the responsibility of the TCC to pursue practitioners provides technical advice and
disciplinary and criminal charges. TCCs capacity-building on all aspects of child
are also primarily responsible for the safeguarding including: safe recruitment,
recruitment, selection and pre-deployment reporting and accountability as well as
training of national military contingents training on how to carry out specialist
deployed on peacekeeping missions. The investigations into allegations of child abuse
active support of the TCCs is, therefore, in ways that do not re-traumatise the
fundamental to tackling SEA. UN statistics victims or contaminate the evidence.
indicate, the number of complaints of
This report provides an overview of the
SEA has declined significantly over the
nature and scale of the problem and the
last decade. This is encouraging, but
UN’s response. It also indicates how Keeping
may not paint a comprehensive picture
Children Safe could support those who are
given the likelihood that these are being
working with the UN and TCCs to implement
under-reported and the limited manner in
measures to prevent abuse and ensure
which the UN can track incidents. Under
that organisations respond appropriately
the United Nations Convention on the
to complaints, victims and witnesses have
Rights of the Child all children have the
access to justice mechanisms, and provide
right to be protected from exploitation
support and redress to individual victims.
and abuse and therefore all organisations
involved in peacekeeping missions have
the responsibility to keep children safe.
Tackling SEA of children requires a holistic
approach involving TCCs, the UN Secretariat,
humanitarian agencies, and civil society
organisations (whose personnel can also
be guilty of such acts) in both the TCCs and
mission host states.
Mike Goldwater / Alamy Stock Photo

4 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 5
Introduction

Keeping Children Safe is a global movement Child Safeguarding Standards supported by


Keeping Children Safe www.keepingchildrensafe.org.uk

Keeping Children Safe www.keepingchildrensafe.org.uk


of organisations committed to child a comprehensive toolkit for implementing
safeguarding and actively influencing others the Standards.
to adopt International Child Safeguarding
The UN responded to the reports of SEA
Standards. Its Board of Trustees includes
by peacekeeping personnel by introducing
some of the world’s leading experts in
a series of measures which are described
child safeguarding and its activities will be
below. The UN is now fully committed to a
described further later in this report. Its
policy of zero tolerance of sexual abuse and
mission is to ensure that every organisation
exploitation (SEA). Yet cases of abuse of the
upholds its responsibility to do all it can to
world’s most vulnerable children continue
protect children from harm.
to be reported, Sadly, UN troops and other
This is particularly critical for organisations peacekeeping personnel sent to protect
that work in humanitarian crises and conflict and care for these children are sometimes
and post-conflict situations where many themselves responsible for this abuse.
children are likely to be in situations of
There are currently over 100,000 UN
extreme physical and emotional vulnerability.
uniformed, peacekeeping personnel
The extreme imbalance of power between
deployed around the world in missions
humanitarian aid workers and peacekeeping
established by the Security Council that
personnel, on the one hand, and the people
have legal authority under Chapter VII of the
who they have been sent to protect, on the
UN Charter, to use force to protect civilians.2
other, makes it essential that robust systems
This is a recent development that responds
are in place to ensure that the work of these
to the need for larger and more proactive
organisations is beyond reproach.
deployments of peacekeeping soldiers than
Keeping Children Safe’s establishment those deployed in ‘traditional’ observer
in 2001 coincided with the exposure of missions. As the duties and responsibilities
widespread sexual exploitation and abuse of peacekeepers increase, issues
carried out by over 40 humanitarian aid surrounding their legal and operational
agencies of children in refugee camps in accountability become ever more
Guinea, Liberia and Sierra Leone.1 A report complex and pressing. The vast majority
published in February 2002 by the United of peacekeepers performs their jobs with
Nations High Commissioner for Refugees courage, dedication and professionalism.
(UNHCR) and Save the Children detailed Only a small minority have been accused of
numerous complaints indicating that UN SEA, and not all of these allegations have
peacekeeping personnel and humanitarian been substantiated. Those who do commit
aid workers had demanded sex for food, these offences however, betray the trust of
shelter, education and medicine. those whom they have been sent to protect
and bring shame on the UN system.
In response, Keeping Children Safe in
collaboration with the NSPCC, World Vision The UN has no standing army so it requires
UK, Tearfund, CAFOD, Plan International, the support of Troop Contributing Countries
People In Aid, Save the Children UK, (TCCs) to support its missions. When
EveryChild, Terre des Hommes International allegations of serious misconduct are
Federation, Consortium of Street Children, made, the UN can repatriate the individuals
and Oxfam, developed a set of International concerned, make recommendations to the
Tommy Trenchard / Alamy Stock Photo

1 UNHCR and Save the Children-UK, Sexual Violence and Exploitation: The Experience of Refugee Children in Guinea, Liberia, and Sierra Leone Based on
Initial Findings and Recommendations from Assessment Mission 22 October – 30 November 2001, February 2002.
2 
UN DPKO, Peacekeeping Fact Sheet, 31 August 2016. This broke down into 85,442 troops, 12,885 police and 1,692 military observers. There
were also 16,471 civilian personnel (5,256 international and 11,215 local) plus 1,575 UN Volunteers, bringing the total number of personnel
serving in 16 peacekeeping operations to 118,792.

6 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 7
TCC, and ban the individual from future This report will provide an overview of the
Keeping Children Safe www.keepingchildrensafe.org.uk

Keeping Children Safe www.keepingchildrensafe.org.uk


peacekeeping operations. It will usually,
however, be the responsibility of the TCC
nature and scale of the problem and the
UN’s response. It will also highlight emerging
The scale of the problem and the UN response
to pursue criminal charges and this often good practices of TCCs and argue that by
raises both legal and practical challenges. sharing, spreading and developing these
TCCs are also primarily responsible for the initiatives all of these different actors can work
recruitment, selection, pre-deployment together to keep children safe from harm. Allegations of SEA have only been made The researchers identified ‘every kind of child
training and discipline of national military It will conclude by seeking to show how an against a very small proportion of the total sexual abuse and exploitation imaginable’,
contingents deployed on peacekeeping approach based on Keeping Children Safe’s number of uniformed personnel deployed including: trading sex for food; forced sex;
missions. Some troops in UN peacekeeping experience of implementing the International on UN peacekeeping missions and the UN verbal sexual abuse; child prostitution; child
missions serve alongside the mission Child Safeguarding Standards may offer a has made repeated attempts to tackle the pornography; sexual slavery; indecent sexual
and not under the UN’s own command useful framework for all of the organisations problem. Nevertheless, it has been a recurring assault; and child trafficking linked with
structures. The active support of the TCCs involved in peacekeeping missions – the UN issue on UN missions. During the UN mission commercial sexual exploitation. The fieldwork
is, therefore, fundamental to tackling SEA Secretariat, UN agencies, individual TCCs and in Cambodia in the early 1990s, for example, revealed cases of abuse associated with
by those deployed in the context of UN civil society organisations in both the TCCs and the number of prostitutes rose from 6,000 twenty-three humanitarian, peacekeeping
peacekeeping missions. host states – to begin to address the problem. to 25,000, including a large increase in the and security organisations.
number of children engaging in transactional
The report found that peacekeeping troops
sex, directly as a result of the presence of the
associated with the UN Department of
mission.3 Peacekeepers have been implicated
Peacekeeping Operations (DPKO) had been
in sex scandals in Kosovo, Cambodia, East
identified ‘as a particular source of abuse
Timor, West Africa, the Democratic Republic
in some of our fieldwork locations’. It noted
of Congo (DRC), Haiti, Liberia and South
that this may be partly because the number
Sudan.4 There have been recurrent allegations
of UN uniformed peacekeepers significantly
of the involvement of UN peacekeeping
outnumbers all other staff on most missions.
forces in trafficking and prostitution in Bosnia-
They are also armed and provide much-
Herzegovina.5 In 2003, Italian, Danish and
needed physical security within contexts
Slovak peacekeepers were expelled from
of extreme fragility, which may give them
Eritrea in separate incidents for sexual abuse
particular influence over the communities
of children.6
in which they serve, especially children
A report published in February 2002 by and young people.9 The report also stated,
the United Nations High Commissioner for however, that the increased reporting of
Refugees (UNHCR) and Save the Children incidents ‘may also reflect the particular
detailed numerous complaints indicating efforts invested by DPKO to monitor and
that UN peacekeeping personnel and report on abuses associated with its own staff.
humanitarian aid workers had demanded sex
In August 2015, Amnesty International
for food, shelter, education and medicine.7
published a report, alleging that MINUSCA
In 2008, Save the Children published a report peacekeepers had raped a 12-year old girl
on sexual exploitation and abuse of children and killed a 16-year old boy and his father
by humanitarian workers and peacekeepers.8 when they indiscriminately opened fire on

3 
Peace News, ‘Sex and the Peacekeeping Soldier: The New UN Resolution,’ Peace News, June 2001.
4 Jenna Stern, Reducing Sexual Exploitation and Abuse in UN Peacekeeping, Ten Years After the Zeid Report, Civilians in Conflict Policy Brief, February
2015; Elizabeth F. Defeis, UN Peacekeepers and Sexual Abuse and Exploitation: An End to Impunity, Washington University Global Studies
Law Review, Vol. 7, 2008; Sarah Martin, Must boys be boys? Ending sexual exploitation and abuse in UN Peacekeeping missions, New York: Refugees
Blickwinkel / Alamy Stock Photo

International, October 2005.


5 Human Rights Watch, Hopes Betrayed: Trafficking of Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution, 2002.
6 E Barth, ‘The United Nations Mission in Eritrea/Ethiopia: Gender(ed) Effects’ in L Olsson et al (eds) Gender Aspects of Conflict Interventions:
Intended and Unintended Consequences, Oslo International Peace Research Institute, 2004.
7 UNHCR and Save the Children-UK, 2002
8 Corinna Csásky, No one to turn to: the under-reporting of child sexual exploitation and abuse by aid workers and peacekeepers, London: Save the
Children UK, 2008 [Hereinafter, Save the Children, 2008].
9 Save the Children, 2008, p.8.

8 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 9
civilians.10 In April 2016, the trial began Although this reported fall in complaints is first being piloted in the UN Headquarters and Two years later, in response to further scandals,
Keeping Children Safe www.keepingchildrensafe.org.uk

Keeping Children Safe www.keepingchildrensafe.org.uk


in the Democratic Republic of the Congo encouraging, such statistics are unlikely to by select uniformed and civilian peacekeeping the UN published ‘A Comprehensive Strategy
(DRC) of 18 Congolese soldiers accused of paint a fully comprehensive picture of the mission staff. The rollout to all field missions, to Eliminate Future Sexual Exploitation and
rapes and attempted rapes while serving as scale and scope of SEA given the likelihood as well as all peacekeeping and field support Abuse in United Nations Peacekeeping
peacekeepers in MINUSCA.11 In the same that they are being under-reported and personnel in Headquarters, will be completed Operations’ (the Zeid Report) the findings of
month, it was reported that soldiers in, or the limited manner in which the UN tracks by the end of 2016. The programme will then which were endorsed by the General
alongside, the mission from France, Gabon, incidents. For example, there are credible be available for all Secretariat personnel in Assembly in March 2005. The report noted
and Burundi had sexually abused at least 108 reports that peacekeeping troops in the early 2017 and become a compulsory part of two fundamental obstacles to ensuring full
women and children in a single province in the CAR carried out 108 incidents of SEA in a the training of all UN staff. legal accountability:
Central Africa Republic (CAR) between 2013 single province in the country between 2013 • The UN sometimes operated ‘in areas where
In addition the UN is currently putting in place
and 2015.12 It was also reported that 25 new and 2015 and these figures are clearly not there was no functioning legal system or
a communications and public information
and separate allegations had been lodged in reflected in the above global statistics.16 where the legal system was so devastated by
strategy to publicise its zero-tolerance policy
the first three months of 2016. Where serious investigations take place, conflict that it no longer satisfied minimum
in mission-hosting states. It is also supporting
almost inevitably, more allegations come to international human rights standards. In such
Acccording to the UN’s own statistics, the the development of community-based
light as people gain the confidence to report cases it ‘would not be in the interests’ of the
number of complaints of SEA has declined complaints mechanisms, so that victims can
abuses. Some of the reasons why victims are UN to waive immunity ‘because its Charter
quite significantly over the last decade. make reports of SEA. Seven peacekeeping
reluctant to report the abuse and exploitation requires it to uphold, promote and respect
The number of new allegations against UN missions have such mechanisms in place,
that they have suffered will be discussed in the human rights.’
peacekeeping personnel received from the in various forms, but their independence
next section below.
departments and offices of the Secretariat and effectiveness has not yet been • The UN could not obligate a TCC to prosecute
and agencies, funds and programmes The UN has long been engaged with the issue comprehensively evaluated. since this decision ‘is an act of sovereignty’.
of the UN system totalled 99 in 2015, and has made several previous attempts to
These efforts are the latest in a series of One solution suggested to this problem
compared with 80 in 2014, 96 in 2013 and tackle the problem. In February 2016 the
initiatives to address the problem. In May was the development of an international
88 complaints in 2012.13 There were 102 Secretary-General appointed Jane Holl Lute
2003, largely in response to the West convention that would subject UN personnel
complaints in 2011, 116 in 2010, 154 in as special coordinator to work on the problem
African ‘sex for food’ scandal described to the jurisdiction of states. Alternatively, ‘to
2009 and 111 in 2008.14 By contrast, there of SEA by peacekeepers.17 Her mandate is to
above, the UN General Assembly adopted try to get agreement with the host state when
were 159 complaints reported in 2007, 371 ‘support the ongoing efforts of the Secretary-
resolution 57/306, which led to a Secretary- negotiating the status-of-forces agreement
in 2006, 373 in 2005 and 121 in 2004.15 General and the leadership of UN Offices,
General’s Bulletin on ‘Special measures for the United Nations to provide assistance
A detailed breakdown of the UN’s figures Departments, Funds and Programmes to align
for protection from sexual exploitation to the host state to ensure that criminal
also show that, contrary to commonly our peacekeeping and human rights systems
and sexual abuse’ that October. This sets proceedings against United Nations personnel
held perceptions, around half of the total and to strengthen United Nations response to
out extensive guidance regarding sexual satisfied international human rights standards.’
number of complaints of sexual abuse and sexual exploitation and abuse.’
conduct by UN staff and peacekeepers. It It noted that in the absence of such measures
exploitation over the last decade has been
Current initiatives include an e-learning includes a prohibition on sexual relations ‘the only way to make UN personnel criminally
made against police and civilian UN staff,
training programme on SEA as part of its pre- with members of the local community, accountable was if their own state asserted
rather than its peacekeeping soldiers. This
deployment training for personnel deployed given the ‘inherently unequal power criminal jurisdiction for the actions of their
is particularly significant given that soldiers
on missions. The programme was developed dynamics;’ sexual activity with children, nationals abroad, considered the actions
vastly outnumber police and civilians in most
by the Department of Field Support and is ‘regardless of the age of majority or age of criminal, and was able to gather sufficient
peacekeeping missions.
consent locally’, and engaging in prostitution evidence for a successful prosecution and
in general. This Bulletin is generally referred could obtain custody of the accused.’
10 Amnesty International, CAR: UN troops implicated in rape of girl and indiscriminate killings must be investigated, 11 August 2015. to as the UN’s zero-tolerance policy. The
The UN Charter states that the UN and its
11 
Al Jazeera, ‘UN Peacekeepers go on trial for CAR sex abuse’, 5 April 2016. resolution also called on the Secretary-
representatives ‘shall enjoy in the territory
12 
Foreign Policy, ‘UN Sex abuse scandal in Central Africa Republic hits rock bottom’, 8 April 2016. General to publish an annual report, proving
of each of its Members such privileges
13 
Report of the Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/70/72, 9 February 2016; Report data on allegations of SEA in the UN system
of the Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/69/779, 13 February 2015; Report of and immunities as are necessary for the
the Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/68/756, 14 February 2014; Report of the and information on measures being taken
fulfillment of its purposes.’18 These privileges
Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/67/766, 28 February 2013; and Report of the
to strengthen the Organisation’s response
Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/66/699, 17 February 2012. and immunities ‘are granted to officials in
in the areas of prevention, enforcement and
14 
Report of the Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/65/742, 18 February 2011; and the interests of the United Nations and not
Report of the Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/63/720, 17 February 2009. remedial action.
15 
Report of the Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/61/957, 15 June 2007; and Report
for the personal benefit of the individuals
of the Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/60/861, 24 May 2006.
16 
Foreign Policy, ‘UN Sex abuse scandal in Central Africa Republic hits rock bottom’, 8 April 2016.
17 
UN News Centre, ‘Seasoned official appointed to coordinate UN efforts to curb sexual abuse by peacekeepers’, 8 February 2016. 18 UN Charter, Article 105.

10 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 11
themselves’ and the UN Secretary-General prosecute only if the conduct constitutes track complaints, for the accused to know In September 2015, the UN Secretary-
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Keeping Children Safe www.keepingchildrensafe.org.uk


‘shall have the right and the duty to waive a comparable crime in the host state, thus where and how their case will be definitively General had promised, in his response to
the immunity of any official in any case making prosecutions contingent on the decided and for those responsible for the the Report of the High-level Independent
where, in his opinion, the immunity would legislation of countries with fragile legal investigation to keep track of the whole Panel on Peace Operations, that ‘by the end
impede the course of justice’.19 According to systems emerging from conflict.21 process. In June 2013, the UN Security of 2015 immediate response teams would
the UN Model Status of Forces Agreement, Council adopted a resolution on women, be set up to gather and preserve evidence
TCCs have the exclusive responsibility to In November 2005, the UN established peace, and security in which it requested within 72 hours of receipt of an allegation’
discipline and criminally sanction their a Conduct and Discipline Team in DPKO, ‘the Secretary-General to continue and of sexual exploitation or abuse, that
military contingents.20 These provisions which became the Conduct and Discipline strengthen efforts to implement the policy investigations ‘must be concluded within six
do not provide UN peacekeeping soldiers Unit (CDU), two years later, located in of zero tolerance on sexual exploitation and months’ and that strong sanctions would be
or civilian staff with impunity – since their the Department of Field Support. The abuse by UN personnel and urges concerned imposed ‘against those who commit acts of
legal immunity can be waived to enable CDU is charged with formulating policies, Member States to ensure full accountability, misconduct and those who fail to take action
criminal prosecutions. There have, however, conducting training, and handling allegations including prosecutions, in cases of such against them, including mission leadership
sometimes been problems persuading the of misconduct by peacekeepers operating conduct involving their nationals.’22 One and command authorities’. Missions had
UN to lift immunity to facilitate investigations under UN command. observer has noted that this resolution was also ‘been instructed to put in place, by
and this also contributes to the opaqueness preceded by numerous others making nearly the second quarter of 2016, a framework
The work of the CDU partially overlaps
of its internal disciplinary systems, which can identical requests: to provide community-based mechanisms
with that of the Office of Internal Oversight
deter people from reporting abuses. where people can more readily come forward
Services (OIOS), which was established
Seminal reports by experts have been to raise complaints’ regarding UN personnel
Soldiers can be court-martialled by their in 1994 to carry out audit, investigation,
commissioned and revised memorandums, and an ‘adequately resourced victim
own armed forces, as long as their military inspection and evaluation services including
that afford the UN much stronger powers assistance programme’ was being created.
codes specify that all types of SEA are a establishing ‘facts related to reports of
of oversight, have been signed, yet years
disciplinary offence. Police and civilians can possible misconduct to guide the Secretary- In December 2015, the UN published a
after a series of comprehensive strategies
only be prosecuted if their home state has General on jurisdictional or disciplinary Report of an Independent Review on Sexual
were recommended in 2006, little appears
legislation that asserts extraterritorial criminal action to be taken.’ It also partly replicates Exploitation and Abuse by International
to have changed: accountability remains
jurisdiction for these particular actions the work of the UN Ethics Office, which Peacekeeping Forces in the Central African
the exception to the rule, new abuses
and if sufficient evidence for a successful was established in 2006, after the World Republic, commissioned in June 2015 which
continue to be reported, and the business
prosecution can be gathered. This can be a Summit conference of the previous year, detailed the negligence of the peacekeeping
of sexual exploitation and abuse in
challenge, as national laws and military codes to ensure ‘that all staff members perform mission (MINUSCA) in responding to
peacekeeping continues.23
do not always fully reflect the UN’s own best their functions consistent with the highest allegations of SEA. The report was also critical
practices with regard to zero tolerance of standards of integrity as required by the of the mission leadership and the head of
Another observer, however, argues that
SEA. For instance, not all TCCs have the same Charter of the United Nations.’ In 2009, a its human rights component, both of whom
the UN has taken ‘commendable action’ to
minimum age of consent for sexual relations UN Dispute Tribunal (UNDT) was established were found to have committed abuses of
address the issue and that: ‘There has been a
or the same approach to prostitution. This can to hear and decides cases filed by, or on authority, Indeed, as a result of .its preliminary
general downward trend in allegations of SEA
lead to considerable legal disparities, as one behalf of, current and former staff members. findings, in August 2015, the UN Secretary-
since the implementation of many Zeid Report
observer has noted: Many peacekeeping missions also have General had encouraged MINUSCA’s head of
recommendations, even though the number
police components, which may be tasked mission, Babca Gaye, to resign. He became the
of total personnel serving in peacekeeping
Whether conduct will be subject to with carrying out internal investigations first head of a UN mission to have ever been
operations has increased within the last 10
criminal proceedings will depend on the into criminal wrongdoing by the UN requested to resign.
years.’24 While acknowledging that many
legal framework of the state seeking peacekeeping personnel.
instances of abuse go unreported, she argues In March 2016, the Security Council voted
to exercise jurisdiction. The offensive
The overlap and duplication among these that ‘avenues of community reporting have to give the Secretary-General the right to
conduct will therefore lead to different
various investigatory and adjudicative also been strengthened. If the data represent repatriate entire units if the TCC concerned
results, depending on local laws and how
bodies may sometimes hinder effective the trend, if not the precise number of fails to prosecute alleged perpetrators of
they are applied. Complicating matters
investigations and make it difficult for incidents, then UN reforms and initiatives sexual misconduct within six months.25
further, some troop-contributing countries
victims of SEA to know how to lodge and may be having an impact.’

19 Ibid. See also Difference relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, Advisory opinion of 29 22 UN Security Council Resolution S/RES/2106 of June 24, 2013.
April 1999, ICJ Reports 1999.
23 Ferstman, September 2013.
20 UN General Assembly, ‘Model status-of-forces-agreement for peacekeeping operations,’ report of the Secretary-General, A/45/594, October
9, 1990. 24 Jenna Stern, Reducing Sexual Exploitation and Abuse in UN Peacekeeping: Ten years after the Zeid Report, Stimson Centre, February 2015.
21 Carla Ferstman, Special Report, Criminalizing Sexual Exploitation and Abuse by Peacekeepers, United States Institute for Peace, September 2013. 25 UN Security Council Resolution 2272 of 11 March 2016.

12 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 13
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Responding to reports of abuse

TCCs are now obliged to report to the UN standards of conduct; the excessive length
on the progress and outcome of misconduct of the deployment for certain contingents;
investigations and prosecutions. Not all do the living conditions of contingents, including
so and some reports are very incomplete, lack of welfare and communication facilities
although response rates are improving.26 The to stay in contact with home, and camps in
UN recognises the importance of greater proximity to and not properly separated from
transparency and accountability in tackling the local population; and a lack of discipline
the problem of SEA and since 2003 it has among some of the contingents.
published annual reports on its efforts to
tackle it. By sharing and disseminating In an update to this report, published
information on both the scale of the problem in May 2016, the UN noted that of the
and how the UN and its member states 22 allegations which were recorded in
are responding to it, the organisation can MINUSCA in 2015, seven investigations had
encourage better practices and also highlight been concluded. Three allegations were
areas of significant weakness. substantiated (two military and one police)
and four were unsubstantiated (military).
The UN’s March 2016 report on tackling SEA
Fourteen investigations were pending
noted that a ‘significant amount of attention’
completion and one matter was marked
had been focused on allegations reported
‘for information’, indicating that there
for MINUSCA and stated that the situation
was not sufficient information to conduct
in the CAR required ‘a holistic response’
an investigation.28 It also noted that 29
from the UN system and member states,
allegations relating to MINUSCA had been
‘which considers accountability for acts of
reported in the first five months of 2016. Of
misconduct, including sexual exploitation
these, 26 involved military personnel, two
and abuse, as well as programmatic action
involved police personnel and one involved
to address underlying political, security and
civilian personnel. Three investigations into
socio-economic factors.’27
complaints related to MINUSCA had been
completed and substantiated, two of these
The first set of factors is associated with
involved military personnel and one involved
the situation in the CAR, with the high
civilian personnel. In the case involving the
level of sexual violence associated with the
civilian personnel, the staff member had
conflict, extreme poverty, the displacement
been put on administrative leave without
of vulnerable populations and women and
pay pending a decision on action to be
girls being forced into prostitution . . . The
taken. In the two cases involving military
second set of factors is the rehatting of
personnel, the TCCs concerned investigated
troops (similar situations to those observed
the matters swiftly and, as will be discussed
previously for MINUSMA and the United
further below, sentenced the offenders to
Nations Mission in the CAR and Chad); the
terms of imprisonment.29
absence of pre-deployment training on
Roger Hutchings / Alamy Stock Photo

26 Ferstman, September 2013.


27 
Report of the Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/70/72, 9 February 2016.
28 
Update on allegations of Sexual Exploitation and Abuse in United Nations Peacekeeping Operations and special political missions, 17 May 2016.
29 Ibid.

14 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 15
TCCs and host states may, therefore, need monitored and tracked through the UN
Keeping Children Safe www.keepingchildrensafe.org.uk

Blickwinkel / Alamy Stock Photo

Keeping Children Safe www.keepingchildrensafe.org.uk


technical advice and support in progressing system as well as in the TCCs to ensure that
criminal proceedings on SEA within their those responsible are brought to justice.
domestic jurisdictions.
Civil society organisations and NGOs – both
The international nature of the problem national and international – in the countries
demands an international response. Too often to which missions are deployed also have a
abuse does not get reported, and where crucial role to play, working alongside the UN
complaints get made they are too often ‘lost’ and its agencies in this regard. Some NGOs
within the UN’s internal systems. Outreach already provide legal aid and psychosocial
programmes need to be in place in all mission support to the victims of SEA in conflict and
hosting states to publicise the existence post-conflict zones, while others participate
of the UN’s zero tolerance of SEA and in protection working groups – often
encourage people to report cases of abuse. convened by UN agencies – where concerns
Independent community-based complaint relating to SEA can be raised. These usually
reception mechanisms must be established have very close links to civil society and
alongside all peacekeeping missions to provide community-based organisations and victims
While these figures show a clear willingness jurisdictions have been well documented.31 psychosocial support, counselling and legal of SEA may be more likely to bring concerns
to tackle the issue, they only reflect cases As one legal expert has noted, the successful advice to the victims of the abuse and ensure and complaints to them rather than the
where complaints have been made. In its prosecution of these crimes ‘requires that they are aware of their rights to redress. UN’s own structures. The coverage is not
2008 report Save the Children found that expertise at the outset to determine how These mechanisms must be capable of universal, however, and there is currently no
there were ten main reasons why children did best evidence can be collected and used. reaching even the most isolated communities international coordinating mechanism to
not report the sexual abuse and exploitation It requires particular expertise in working where peacekeeping troops are deployed. provide a comprehensive view of both the
that they had suffered. Its researchers with witnesses who have a history of Complaints of SEA need to be independently problem and how it is being tackled.
found that many children did not speak out marginalisation, have experienced significant
for fear of stigmatisation and subsequent trauma, face severe cultural taboos when
discrimination. Some – particularly those coming forward to give evidence, or fear
engaged in transactional sex for survival reprisals. . . . The stigma, fear, trauma, and
purposes – also feared a negative economic isolation engendered by such crimes require
impact and losing much-needed material special investigation strategies. This need
assistance. Others stated that they feared is especially pronounced when both the
the threat of retribution or retaliation. suspects and the investigators are foreign.’32
Others indicated that cultural norms
Even in the context of domestic investigations,
and values can dictate a certain level of
experience shows that unless a well-defined
acceptance of, or resignation to, abuse. Many
operational strategy and investigators
children said that they did not know how
specially trained in the investigation of such
to report the abuse that they had suffered.
crimes are in place, evidence of a sufficiently
Some also said they felt powerless to report
high quality is unlikely to be available. While
an abuse. The latter two points were linked to
such expertise is available within the UN
the lack of effective legal services for those
system and from international legal non-
wishing to complain and a chronic lack of
governmental organisations (NGOs) who are
faith in the response an allegation of sexual
experienced with working with the victims of
abuse will receive.30
such crimes, it is not always available among
Aleksandr Lutcenko / Shutterstock.com

The difficulties confronting investigation of domestic civilian and military prosecutors in


sexual violence allegations within national both TCCs and mission-hosting states. Some

30 Save the Children, 2008


31 See, for example, Cassia Spohn and David Holleran, Prosecuting Sexual Assault: A Comparison of Charging Decisions in Sexual Assault Cases
Involving Strangers, Acquaintances, and Intimate Partners, NCJ, 2004; and Crown Prosecution Service, Guidelines on Prosecuting Cases of Child
Sexual Abuse, October 2013.
32 Ferstman, September 2013.

16 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 17
Keeping Children Safe www.keepingchildrensafe.org.uk

Keeping Children Safe www.keepingchildrensafe.org.uk


Troop contributing countries

TCCs are primarily responsible for the own personnel on peacekeeping missions in
recruitment, selection and pre-deployment any significant numbers. Mid-level emerging
training of national military contingents economies – such as India, Brazil, Indonesia,
deployed on peacekeeping missions. The South Africa and Nigeria – which all have
active support of the TCCs is, therefore, arguable claims to membership of a reformed
fundamental to tackling SEA. However there is and more representative Security Council,
some sensitivity surrounding this issue in part can at least claim to be fulfilling their global
because while the mandates for peacekeeping obligations, by this measure. Some of the most
missions continue to be written by the vocal critics of SEA amongst the UN’s member
Security Council, most TCCs and mission- states, however, face the obvious riposte
hosting states are not part of this body’s as to why they do not commit more troops
decision-making processes.33 themselves rather than simply criticising the
efforts of those who do.
In April 2016, for example, Ethiopia was
contributing over 8,000 soldiers and police As discussed throughout this report, the
to UN peacekeeping missions, Bangladesh, active support of the TCCs is fundamental
India and Pakistan over 7,000 each, Rwanda to tackling SEA. Some TCCs have already
over 6,000, Nepal over 5,000, Senegal and put strong vetting and pre-deployment
China over 3,000 each. Several others, training procedures in place that ensure
including: Uruguay, Togo, Tanzania, South UN standards of conduct, including zero
Africa, Senegal, Nigeria, Niger, Morocco, tolerance of SEA, are respected. They are
Mauritania, Kenya, Jordan, Indonesia, Ghana, also actively investigating cases of abuse,
Egypt, Chad, Cameroon, Burundi, Burkina punishing perpetrators and providing redress
Faso, Benin and Brazil were all contributing to victims. Some TCCs have amended their
over 1,000 each.34 The US, by contrast, was own laws to facilitate investigations and
contributing a total of 74 soldiers and police some have created focal points and liaison
to global UN peacekeeping operations, positions to improve information flows. Equally
Canada was contributing 79, Australia 44, as important, more countries are recognising
Russia 91, Belgium 13, Denmark 41, Germany that they need to commit more troops – and
334, France 875, the Netherlands 512, New other personnel – to peacekeeping missions to
Zealand 11 Poland 12 and Portugal 4. Italy increase the effectiveness of these missions.
was the only NATO state to be contributing
In September 2015, at a UN Peacekeeping
over 1,000 troops and police, while Spain was
Summit, over 50 countries pledged to commit
the next biggest contributor with 612. The UK
an additional 40,000 troops to peacekeeping
was contributing a total of 302, slightly fewer
missions, with the US, UK and France all
than Ireland which was contributing 368.
pledging to significantly increase their
This means that China is currently the only troop contributions.35 These commitments
permanent member of the Security Council in were reaffirmed in September 2016 at a
the top ten TCCs which is actually sending its Defence Ministerial Summit in London and 30
ASK Images / Alamy Stock Photo

33 For further discussion see Conor Foley, To save succeeding generations: UN Security Council Reform and the Protection of Civilians, Igarapé Institute
and the Brazilian Centre for International Relations, August 2013.
34 
UN Peacekeeping Homepage, Police, UN Military Experts on Mission and Troops, as of 30 April 2016, http://www.un.org/en/peacekeeping/
contributors/2016/apr16_1.pdf, accessed 1 June 2016.
35 
White House, Office of the Press Secretary, ‘Remarks by President Obama at U.N. Peacekeeping Summit’, 28 September 2015.

18 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 19
disciplinary action taken against personnel military contingent deployed to MINUSCA
Keeping Children Safe www.keepingchildrensafe.org.uk

Keeping Children Safe www.keepingchildrensafe.org.uk


Agencja Fotograficzna Caro / Alamy Stock Photo
deployed on missions, including imprisonment that were received in January 2016.40
and administrative sanctions. It also noted The investigation into the allegations was
several instances of national civilian UN staff completed in just over three months. The
members who had been dismissed from the allegations were substantiated against one
Organisation for sexual misconduct and had subject, who was subsequently dismissed
subsequently been successfully prosecuted from service and received the sanction of
and fined or imprisoned in their own country. one year’s imprisonment. Bangladesh had
For example, a former staff member of the also indicated that the action taken would
UN Mission in Kosovo (UNMIK) who had be shared with all of the member states’
been dismissed after an allegation of sexual contingents in UN missions in order to raise
abuse in 2013, was prosecuted in Kosovo and awareness, and the case would also be
sentenced to five years in prison in 2015. A incorporated as a case study in the pre-
former national staff member of MONUSCO deployment training syllabus. Egypt had also
was also fined and imprisoned in the DRC in received an allegation of attempted sexual
the same year.38 assault in against a member of its military
contingent deployed to MINUSCA in January
In a briefing to the UN General Assembly,
2016. In this case the national authorities
in May 2016, Atul Khare, Under-Secretary-
completed the investigation in less than a
General for Field Support at DPKO, and Jane
month, found the allegation substantiated,
Holl Lute, the special coordinator on the UN’s
conducted a court martial and imposed
response to SEA, highlighted the continuing
a sanction of five years’ imprisonment,
more countries made additional pledges.36 in ensuring that where abuse is reported challenges that the Organisation faced in
as well as dismissal from service. South
Nevertheless, the new resources pledged allegations are properly investigated and tackling SEA, but also some considerable
Africa also announced that, in response to
barely keep up with the increasing demands charges are brought where appropriate. progress in some areas.39 Lute stated that:
several complaints against its contingent
being placed upon UN peacekeeping forces. ‘a great deal of work had been undertaken
TCCs have developed considerable experience in MONUSCO, it would undertake a court
over the past year by the leadership in the
The drafters of the UN Charter originally in dealing with the issue of SEA and there are martialproceedings on site in the DRC,
Organisation, as well as by field missions, both
envisaged an extremely comprehensive a growing number of innovations and good to ‘permit the victims, and the affected
within UN peacekeeping operations and across
system of collective security with considerable practices that could be usefully shared and communities . . . to see justice at work’.41
the board in the UN system. Khare noted that:
land, sea and air forces permanently at the developed. Some TCCs are reducing the length
the UN Secretariat had requested member In an interview, in July 2016, Lute also
Security Council’s disposal.37 With the onset of time that troops spend in countries from a
states to appoint National Investigation drew attention to the need for ‘rapid,
of the Cold War, however, the Council’s year to six months, to help them maintain links
Officers (NIOs) within shorter time periods impartial, competent and judicially sufficient
work became paralysed by the vetoes of its with their families. Others are making more
and that a number of states, including investigations with clear outcomes’ and
permanent members and, although there have of an effort to address the living conditions
Tanzania and the Republic of Congo had highlighted that: ‘There have been a number of
been periodic proposals to create a properly and welfare and communication facilities for
responded positively to this request. Morocco cases that have faced justice in peacekeeping.
equipped standing UN military force, it has the same reason. A debate continues about
had started deploying NIOs as part of their Egypt, for example, conducted a trial of
never been created. This has left the Security the extent to which uniformed personnel on
contingents, while South Africa has decided an accused immediately. South Africa has
Council with no choice but to rely on member peacekeeping missions should be physically
to establish standby NIO teams made up of conducted trials. Tanzania has conducted
states willing to act on its behalf. The UN is separated from those that they have been
three people each, and with the capacity to trials. The DRC as well’. She noted that:
dependent on countries whose military forces sent to protect. In all cases, the practical
deploy to any mission within 72 hours.’
are often less well-trained and equipped and experiences of TCCs in confronting the issue
We have a number of units that have no
where disciplinary and monitoring systems is likely to offer many lessons-learned and In its update report on SEA, published in May
incidents of sexual exploitation and abuse
may often be weaker. This makes it more efforts should be made to promote exchange 2016, it was noted that Bangladesh had
and this is because the standards have been
difficult to ensure that pre-deployment of information between TCCs. investigated allegations of sexual abuse of
made clear. They are supported in capitals
vetting takes place and that the background a minor by two Bangladeshi members of a
The UN Secretary-General’s March 2016
checks that should occur are conducted with
report on SEA cited 10 responses from
sufficient rigour. It can also create challenges
TCCs and police contributing countries of 38 
Report of the Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, A/70/72, 9 February 2016.
39 
UN News, ‘We have an agenda before us’ – UN officials reiterate need for measures against sexual abuse’, 13 May 2016.
36 
Ministry of Defence and Foreign and Commonwealth Office, UN Peacekeeping Defence Ministerial Communique, 8 September 2016. 40 
Update on allegations of Sexual Exploitation and Abuse in United Nations Peacekeeping Operations and special political missions, 17 May 2016.
37 UN Charter, Article 44. 41 Ibid.

20 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 21
through their military chains of command sexually abused by Uruguayan peacekeepers
Keeping Children Safe www.keepingchildrensafe.org.uk

Keeping Children Safe www.keepingchildrensafe.org.uk


and commanders are held accountable for in 2011. The Uruguayan government paid the
the programs that they have in place . . . boy’s expenses so he could attend the trial
for strength in prevention, you need to of the alleged abusers to testify as a witness.
start with very clear standards. You need Nevertheless, the accused soldiers were not
effective and continuous training, effective charged with sexual violence but with much
and continuous in unambiguous ways, you lesser ‘coercion’ offenses.47
need the identification of best and better
Uruguay has also established a Protocol of
practices . . . There are other policies and
action for reported cases of Sexual Abuse,
procedure that we can have in place. Some
Exploitation and Paternity (Ministerial
units, for example, don’t allow forces, in their
Ordinance 102/015) in order to establish
off-duty time, to travel in civilian clothes or
systematic administrative procedure for such
to go to town or have contact with the local
cases. The Protocol, which is based on the

Marc Anderson / Alamy Stock Photo


population except in supervised groups. So
UN’s own Memorandum of Understanding
there are a number of things that we know
(MoU) on Investigations, provides for
for best practice, it begins with the tone of
immediate and comprehensive investigations
the top. Not only the Secretary-General, but
of all possible SEA cases, until the resolution
also mission leadership.42
of the case, including the delivery of punitive
measures against the perpetrator and support
Information on prosecutions within TCCs,
for the victim.48 Uruguay has also included
however, remains ‘scant and patchy’.43
courses on SEA, human rights, women’s rights
According to one report of cases compiled troops for six-month periods and actively peacekeeping operations, pledging to double
and child protection in its pre-deployment
in 2013, a Pakistani court martial operating supports measures to ensure that these the number of US military officers serving
training, which all members of national
in Haiti in 2012 reportedly found several remain in contact with their families while in them and to step up logistical support
contingents must undertake. They are also
Pakistani police officers guilty of sexual on deployment as well as closely monitoring including engineering projects for air and
required to sign an affidavit stating that they
exploitation and abuse.44 However, preliminary contact between its troops when they are off sea lift and sophisticated technology that
have received this training and understand
information implicating fourteen Moroccan duty and host civilian populations. Civil society can be used in the detection of improvised
that they will be repatriated from a mission
troops serving in Côte d’Ivoire—including groups also regularly give presentations at explosive devices (IEDs).51 At a Ministerial
at their own expense if they violate the zero-
DNA evidence showing that some had the UN Peacekeeping Training Centre in Summit in London in September 2016, the
tolerance policy. The Uruguayan government
fathered children—reportedly did not result Brazil to help to sensitise national military British government also pledged to double
has also created a focal point on SEA within its
in conclusive evidence leading the Moroccan contingents and civilian personnel in relation its military contribution to future missions.52
Ministry of Foreign Affairs to liaise directly with
government to drop all charges.45 Multiple to SEA during pre-deployment training. Some Other NATO members are also increasing their
the UN on any cases.
allegations against Indian peacekeepers for Brazilian NGOs also run peacebuilding projects contributions. The countries participating in
being involved in a child prostitution ring in Brazil, which has deployed more than 33,000 in Haiti alongside MINUSTAH, the Brazilian- the London Summit also issued a communique
the DRC were likewise not known to have military officials, police officers and civilians in led UN mission, and so can help sensitise which underscored their ‘commitment and
resulted in prosecutions.46 In another case, over 50 peacekeeping operations, has not had mission personnel on issues related to SEA.50 support’ to zero-tolerance policy on SEA
the President of Uruguay issued a public a single complaint of SEA registered against its Brazil’s Congress is currently considering and the work of the Special Coordinator.
apology to a teenage boy in Haiti who was nationals in the last 15 years.49 It only deploys amendment’s to the country’s Military Penal The communique reiterated the need for
Code to fully align it with the UN’s own zero all TCCs to fully vet and train their troops
tolerance policy on SEA. before deployment, to ensure that National
42 
UN Information Centre in Cairo, ‘DPI interview with Jane Holl Lute, Special Coordinator on Improving the United Nations Response to Sexual
Investigation Officers are included in all
Exploitation and Abuse’, 26 July 2016.
In September 2015, President Barack Obama
43 Ferstman, September 2013. deployed military units and that all necessary
announced that – for the first time in more
44 
Center for Economic and Policy Research, ‘MINUSTAH Officers Found Guilty of Rape–But Get Just One Year in Prison,’ March 13, 2012, steps were taken to prevent, investigate and
than twenty years – the US government
www.cepr.net/.
hold accountable personnel for acts of SEA.53
45 
Wall Street Journal, ‘U.N. Peacekeepers Dodge Discipline,’ March 22, 2010. would be expanding its support for UN
46 
Globe and Mail, ‘Peacekeepers gone wild: How much more abuse will the UN ignore in Congo?’ August 3, 2012; The Indian Express, ‘Ensure
maximum punishment to errant troops: Ban to India,’ August 14, 2008.
50 Eduarda Passarelli Hamann (org.), Brasil e Haiti: reflexões sobre os 10 anos da missão de paz e o futuro da cooperação após 2016, Instituto Igarapé,
47 
Center for Economic and Policy Research, ‘Reduced charges against Uruguayan MINUSTAH troops latest example of lack of UN accountability,’ Janeiro 2015.
September 4, 2012, www.cepr.net/.
51 
White House, Office of the Press Secretary, ‘Remarks by President Obama at U.N. Peacekeeping Summit’, 28 September 2015.
48 Speech by Uruguay’s Minister of Defence, UN Peacekeeping Defence Ministerial Communique, 8 September 2016.
52 
Ministry of Defence and Foreign and Commonwealth Office, UN Peacekeeping Defence Ministerial Communique, 8 September 2016.
49 Najla Nassif Palma,‘Tolerância zero contra abusos e exploração sexuais em missões de paz’, Escola Superior do Ministério Público da União, 27
Abril 2016. 53 Ibid.

22 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 23
Keeping Children Safe www.keepingchildrensafe.org.uk

Keeping Children Safe www.keepingchildrensafe.org.uk


Keeping children safe in humanitarian organisations

Keeping Children Safe was established For example, in Nigeria it organised a series
in the context of the growing number of of real-time strategic planning meetings
allegations of SEA against UN personnel and involving supreme court judges, police
humanitarian aid workers. Its members include commissioners and senior civil servants
a variety of different agencies that regularly that led to the Nigerian police force
come into contact with some of the world’s adopting a child safeguarding policy and
most vulnerable children living in war zones the Ministry for Women’s Affairs adopting
and other humanitarian crises. It advocates a set of guidelines that were subsequently
for the universal adoption, implementation imposed on all orphanages in two states.
and monitoring of international standards on Seven other government agencies adopted
safeguarding, lobbies donors to include these child safeguarding policies in response
standards in their funding requirements and and child-friendly family courts were also
collects and publishes data and evidence established in some states. This programme
on the prevalence of child abuse within was developed in partnership with UNICEF,
organisations. Its team of expert social supported by USAID, and covered 22 of
workers, police officers and international Nigeria’s 36 states.
safeguarding practitioners has provided
Keeping Children Safe organises workshops
tools and capacity-building to around 4,000
on how organisations can adopt policies and
organisations in almost every country in
procedures that protect children from harm,
the world.
including SEA and has also helped individual
Keeping Children Safe can provide agencies draw up guidelines. For example,
specialised training and capacity-building the Jesuit Refugee Service in Eastern Africa
support on the development of specifically developed a set of safeguarding standards,
designed child safeguarding standards in cooperation with Keeping Children
for police, military and civilian personnel Safe, that have been put into place in its
deployed on peacekeeping missions. It programmes in Ethiopia, Kenya, Uganda
has considerable experience of developing and Sudan (Darfur and Khartoum). Keeping
on-line training materials. It can also work Children Safe also helped CARE develop
with both national and international NGOs safeguarding standards for its programmes
providing front-line services to children to in Myanamar, Laos, Cambodia, Thailand,
ensure that they understand the safeguards Papua New Guinea and the Philippines.
that need to be put in place to protect
In Ethiopia, Keeping Children Safe has
children from harm. It offers bespoke
helped to strengthen the safeguarding
training for designated focal persons and
standards of local NGOs. It worked with a
training for investigations including on
consortium of street children to design and
specialist investigative interviewing of
facilitate at the police academy a training
children as potential witnesses, victims and
programme for federal police officers,
subjects of complaints.
including virtually all of the country’s senior
Keeping Children Safe already runs officers for an intensive training on child
Blickwinkel / Alamy Stock Photo

programmes in most mission-hosting states rights. In Guatemala, it has worked with


and TCCs and its members include many of the National Commission Against Child
the main child rights and child protection Abuse and the Guatemalan police force to
humanitarian agencies. develop joint community-based projects

24 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 25
Conclusions and recommendations

such as graffiti art following a series of number of major donors, such as the
Keeping Children Safe www.keepingchildrensafe.org.uk

Keeping Children Safe www.keepingchildrensafe.org.uk


documented killings of street children by the European Commission, USAID, and the Oak
police. An investigation by Keeping Children Foundation, are using its standards as a
safe of another Guatemalan organisation guide for making sure that their grantees do
resulted in the dismissal of a staff officer no harm to the children they serve.
after it was discovered that she regularly
Keeping Children Safe operates a six-
assaulted children and denied food to them.
stage certification scheme to verify that
In Liberia, Keeping Children Safe carried out
organisations meet child safeguarding
an investigation into the activities of a faith-
standards. Organisations such as The British
based organisation working with vulnerable
Council, Save the Children, Plan International,
children after its executive director was
Terre Des Hommes International Federation
arrested and imprisoned for statutory rape
and many others have taken up the
and discovered that corporal punishment was
certification scheme, recognising Keeping
widespread and systematic within the agency.
Children Safe’s standards as the mileposts
Keeping Children Safe has worked with a against which organisations should be held

Aekkaphob / Shutterstock.com
number of agencies in north Africa, including accountable. It also works with national
Algeria, Egypt, Lebanon, Morocco, Palestine governments to use its influence to persuade
and Tunisia to strengthen their capacities organisations to adopt these standards to
to conduct their own investigations into ensure that everyone who comes into contact
child abuse. It has also worked with USAID with children – from educational, sporting and
funded programmes in Haiti and the DRC child welfare groups, to police officers, soldiers
to help them design and improve their and immigration officials have policies in place
child safeguarding policies. An increasing that work to protect children. Under the United Nations Convention on on the issue within the UN itself. The
the Rights of the Child all children have importance of top-down leadership and
the right to be protected from exploitation direction cannot be overstated in addressing
and abuse and all organisations have the issue. This should include better
the responsibility to keep children safe. monitoring of what happens to complaints
Tackling SEA of children in UN peacekeeping within the system, and clear lines of
missions requires a holistic approach that responsibility, duties and obligations with
will necessarily involve working with all of regard to carrying out investigations and
the organisations involved in peacekeeping tracking of outcomes.
missions including individual TCC’s, the UN
Thirdly, more work needs to be done with
Secretariat, UN agencies, and civil society
the troop contributing countries. These are
organisations in both the TCCs and host
mainly responsible for recruitment, vetting,
states to implement.
training and disciplining peacekeeping
As the above discussion has shown, there soldiers and the problem of sexual abuse
is probably no ‘silver bullet’ solution to this and exploitation cannot be effectively
problem. There does, however, seem to be tackled without their active cooperation.
broad agreement on three areas for reform.
Applying an approach based on the
First of all, the UN needs to develop better
experience of implementing International
in-country outreach mechanisms to children
Child Safeguarding Standards may offer a
and local communities to encourage
useful framework to begin to address the
reporting of cases of sexual exploitation
problem.
and abuse and to ensure that victims
are provided with effective independent Organisations that implement the standards
legal advice and assistance in pursuing are safer for children because they adopt a
Keeping Children Safe

complaints as well as psychosocial support. set of practical tools for creating a culture of
accountability. When the standards are fully
Secondly, more needs to be done to
implemented, every individual within the
increase accountability and transparency
organisation is given clear instructions on

26 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 27
host states need to develop child 4 What safeguarding induction and
Keeping Children Safe www.keepingchildrensafe.org.uk

Keeping Children Safe www.keepingchildrensafe.org.uk


safeguarding policies and procedures training is needed to ensure staff know
to prevent harm to the children they what the organisation expects of them
come into contact with, as well as how and what to do if they have a concern
to respond appropriately to safeguarding
a. 
All peacekeeping personnel deployed
concerns when they arise. These
in missions must receive detailed
should stand alongside the UN zero-
instructions on the UN’s zero-tolerance
tolerance policy and address the special
policy, child safeguarding policy and child
vulnerabilities and needs of children
safeguarding code of conduct as part
b. 
Overlap and duplication among of their pre-deployment training and as
investigative and adjudicative bodies part of ongoing in-mission training
must be addressed. Reporting
b. T
 raining should ensure that staff at
procedures must be transparent,
all levels, as well as designated child
efficient, confidential and clearly
safeguarding staff, understand their
communicated to children using child-
responsibilities, duties and obligations
friendly resources, so that victims of
in respect of reporting and tracking
SEA know how to lodge and track
complaints. This should also include
complaints, for the subject of the
the sanctions to be applied if those
complaint to know when and how their
obligations are not met
Aekkaphob / Shutterstock.com

case will be definitively decided and for


those responsible for the investigation c. W
 hen a complaint is made, in order
to keep track of the whole process to ensure all actions are taken in the
best interest of the child and that
c. 
Procedures should be in place to hold all
investigations are fair and transparent,
staff to account on their responsibilities,
all designated investigatory staff must
duties and obligations in respect of
have undertaken training in investigating
their obligation to act to prevent and report To comply with the International Child reporting and for designated staff,
serious child-safeguarding allegations
abuse and the sanctions they will face if Safeguarding Standards, all organisations tracking and investigating complaints.
they fail to comply. involved in peacekeeping missions including Where any staff member, including d. 
In particular, this should include
the UN Secretariat, UN agencies, individual those in mission leaderships and specialist training on investigative
An overall approach to child safeguarding is command authorities, fails to take interviewing of children, witnesses and
TCCs and civil society organisations in both
rooted in understanding the risks to children action, they should be subject to suspects of complaints to avoid re-
the TCCs and host states need to consider:
from the organisation, (its staff, programmes disciplinary procedures traumatising the child and to secure
and operations) – in this case individual 1 Where, when and how their high-quality evidence
TCCs, the UN Secretariat, UN agencies, and programmes, staff and operations affect d. W
 here possible peacekeeping missions
civil society organisations in both the TCCs children and what risks this may present should have agreements with partners 5 Does the organisation have a clear code
and host states – and addressing those (such as suppliers, contractors and of conduct so that all staff understand
a. All peacekeeping missions should carry so on) that include a statement that their professional boundaries when
risks with measures that work to prevent
out pre-deployment risk assessments, partners who do not have a child working with children and what is and is
abuse as as well as to respond appropriately
identifying where, when and how their safeguarding policy will either abide by not acceptable behaviour
to complaints when they arise. The
personnel and associates come into the organisation’s policy or develop their
fundamental principle for any intervention is a. 
The UN Secretariat, UN agencies,
contact with children; the possible risks own as a condition of the partnership
that all actions should be taken in the best individual TCC’s and civil society
of harm such contact may pose; and
interests of the children concerned.
develop strategies to mitigate the risks 3 How to recruit safely organisations in both the TCCs and
Utilising this approach provides the following host states should establish a child
a. 
TCCs need to work alongside the UN
initial set of reccommendations, some 2 What policies and procedures are safeguarding code of conduct for all
needed to prevent harm and how to as it seeks to improve its screening and
of which Keeping Children Safe and its personnel on peacekeeping missions,
respond to concerns appropriately vetting procedures, including, screening,
members will be able to support and some outlining what is and is not acceptable
background checks and certifications,
of which are outside its remit. More specific a. T
 he UN Secretariat, UN agencies, behaviour around children as well as
to weed out potential abusers
measures could be derived from the results individual TCCs and civil society the sanctions for non-compliance. This
of individual organisational risk assessments. organisations in both the TCCs and

28 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations 29
creates an organisational environment c. 
More research should be carried out on
Keeping Children Safe www.keepingchildrensafe.org.uk

where committing SEA or failing to the extent to which communities in which


report or investigate allegations is peacekeeping missions are deployed
regarded as a shameful breach of trust are aware of the UN’s zero tolerance
policy and have access to complaint
6 Who is the appropriate designated mechanisms when it is violated
person/s to act as the focal point in an
organisation to receive and manage any d. W
 here complaints are made against
safeguarding concerns and subsequent individual personnel, these must be
inquiry / investigation investigated immediately
a. 
The UN Secretariat, UN agencies, e. 
Investigatory procedures should follow
individual TCCs and civil society a well-defined operational strategy: be
organisations in both the TCCs and host clear, communicated in child friendly
states and all peacekeeping missions language, simple to understand,
need to have a designated person or transparent, confidential and timely.
persons with appropriate expertise as Investigations should be carried out by
the child safeguarding focal point to trained staff with relevant expertise in
receive and manage any safeguarding investigating serious child safeguarding
concerns and support any subsequent allegations and investigative interviewing
inquiry or investigation that may need to of children who have experienced severe
take place trauma and marginalisation, as well as
witnesses and subjects of complaints
7 A reporting and responding process for
incidents and concerns is developed f. If a prosecution is not possible in the
which is locally appropriate host state country, the accused must be
repatriated at the start of the investigation
a. 
Outreach programmes need to be in
place in all mission hosting states to g. W
 here TCCs fail to prosecute within six
publicise the existence of the UN’s zero- months, the Secretary-General should
tolerance of SEA and encourage people repatriate entire contingents
to report cases of abuse. Independent
h. W
 here required, support and technical
community-based complaint reception
advice should be made available to TCCs
mechanisms must be established
to progress criminal proceedings on SEA
alongside all peacekeeping missions
within their domestic jurisdictions
to provide psychosocial support,
counseling and legal advice to the i.  ll TCCs should provide regular and
A
victims of the abuse and ensure that comprehensive reports to the UN on the
they are aware of their rights to redress. progress and outcome of misconduct
These mechanisms must be capable investigations and prosecutions. Efforts
of reaching even the most isolated should be made to promote exchange
communities where peacekeeping of information on good practice and
troops are deployed lessons learned on tackling SEA of
children between TCCs
b. A
 ll outreach programmes must be
made accessible to and appropriate j.  n international coordinating mechanism
A
for children. Efforts should be made to should be established to provide both a
communicate to children what they can comprehensive overview of the both the
expect in terms of what is and what is problem and how it is being tackled.
not appropriate behaviour by mission
Aekkaphob / Shutterstock.com

personnel, how to report any abuse and


what they can expect in terms of the
response and investigation

30 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations
Keeping Children Safe

CAN Mezzanine

Design: Wave
49 – 51 East Road
London N1 6AH
www.keepingchildrensafe.org.uk
@ Keeping Children Safe 2016
E: info@keepingchildrensafe.org.uk
Keeping Children Safe gratefully
acknowledges the generous support of
its members and the Oak Foundation.
Charity registration number: 1142328

Aekkaphob / Shutterstock.com

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