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Kepp Children Safe Peacekeeping Report
Kepp Children Safe Peacekeeping Report
Safeguarding children
from sexual exploitation and
abuse in the context of UN
peacekeeping operations
Conor Foley and Sarah Blakemore
Contents
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
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
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
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
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
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-
Keeping Children Safe www.keepingchildrensafe.org.uk
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
Keeping Children Safe www.keepingchildrensafe.org.uk
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
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
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
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
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
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 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
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
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
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
30 Safeguarding children from sexual exploitation and abuse in the context of UN peacekeeping operations
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