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CONDUCT & DISCIPLINE/ SEXUAL

EXPLOITATION AND ABUSE AWARENESS

MAJ PRASHANT KAUSHIK

INDIAN ARMY
MSO, CONDUCT & DISCIPLINE TEAM

30 March 2023, Goma, DRC

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SESSION OBJECTIVES

 Reinforce your roles and responsibilities in prevention, enforcement

and remedial actions for SEA.

 Raise awareness about the link between an exemplary conduct and

discipline of UN personnel and the effectiveness of the mission
mandate.

 Focus on prevention of misconduct and particularly Sexual

Exploitation and Abuse.

 Share the possible consequences of SEA and the established

measures to deal with related cases in the Mission.
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FUNCTIONS OF CDT
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SEA ALLEGATIONS FROM JAN 19 – DEC 22

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SEA ALLEGATIONS FROM JAN 19 – DEC 22

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NON SEA ALLEGATIONS FROM JAN 19 – DEC 22

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MISSION STATEMENT

“is to contribute to creating an

environment free of sexual
exploitation and abuse; where all
MONUSCO personnel uphold the
highest standards of professional
and personal conduct; and treat
the local population with respect
and dignity.”
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CREATING AN ENVIRONMENT FREE OF MISCONDUCT

 Promote a harmonious work environment and protect personnel from

prohibited conducts.

 Develop standards, including programme for continuous training to

raise awareness on issues of diversity, respect and equality as well
as build skills.

 Create work policies for all staff.

 Take prompt actions in cases of unprofessional or unethical

behaviour and when appropriate sanction according to severity.
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UN STANDARDS OF CONDUCT

 Uphold the highest standards of competence, efficiency and integrity.

 Zero tolerance policy for sexual exploitation and abuse (SEA).

 Responsibility of all UN staff, military personnel and commanders to

enforce these norms.

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THE UN CORE VALUES

 Integrity.

 Professionalism.

 Respect for Diversity.

 Humility.

 Humanity.
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INTEGRITY

 Demonstrate UN values in daily activities and behaviours;

 Act without consideration of personal gain;

 Do not abuse power or authority;

 Stand by decisions in UN interest, even if unpopular;

 Take prompt actions in cases of unprofessional or unethical behaviour.

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PROFESSIONALISM

 Show pride in work and achievements.

 Demonstrate professional competence and mastery of subject matter.

 Meet commitments, observe deadlines and achieve results.

 Be motivated by professional rather than personal concerns.

 Show persistence when faced with challenges.

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RESPECT FOR DIVERSITY

 Work effectively with people from all backgrounds.

 Treat all people with dignity and respect.

 Treat men and women equally.

 Show respect for and understanding of diverse points of view in daily

work and decision-making.

 Examine own biases and behaviours to avoid stereotypical responses.

 Do not discriminate against any individual or group.

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HUMILITY & HUMANITY

 Humility is the ability to view yourself accurately as an individual with

talents as well as flaws while being void of arrogance and low self-
esteem. Humility is the willingness to learn from other people,
someone who doesn’t think they have all the answers. Humility is not
weakness and not lack of confidence.

 Humanity is when humans love each other and give support to each
other. To help others when in trouble without seeing what work he/she
does, how poor he/she is, which religion he/she believes but just giving
them help and support while in need.
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DEFINITION OF MISCONDUCT

 Misconduct means any “act”, “omission” or “negligence” that is a

violation of:

 United Nations Charter and standards of conduct.

 Mission specific rules and regulations or,

 Obligations towards national or local laws, regulations in

accordance with the SOFA.

 International Laws.
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CATEGORIZATION OF MISCONDUCT

CATEGORY II
Traffic-related inquiries
Simple theft
Basic misuse of equipment or
staff
Basic mismanagement issues.
Infractions of regulations, rules
or administrative issuances
Drive under influence of alcohol
or drugs
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OTHER PROHIBITED CONDUCTS

(ST/SGB/2019/8)

 Harassment
 Sexual Harassment
 Abuse of authority
 Discrimination/Intimidation in workplaces
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OTHER PROHIBITED CONDUCTS

(ST/SGB/2019/8)

 Harassment is any inappropriate conduct, including words or actions,

that can reasonably be expected to cause offense or humiliation to
another person. Disagreement about work performance is normally
not considered harassment and is to be dealt with in the context of
performance management.
 Abuse of authority is the improper use of a position of influence,
power or authority against another person. This is considered
particularly serious when a person uses their influence, power or
authority to improperly influence another person’s career or
employment conditions.
 Discrimination is any unfair treatment or arbitrary distinction based on
a person’s race, sex, gender, sexual orientation, gender identity,
gender expression, religion, nationality, ethnic origin, disability, age,
language, social origin or other similar shared characteristics or traits.
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PROHIBITION ON DEALING TRAFFICKING AND/ OR

TRADING PROHIBITED GOODS

All minerals precious and semi-precious.

All minerals in unprocessed form (uncut
diamonds and unwrought gold).
Elephant Ivory.
Animal skins and hides.
Fauna and Flora.
Trading, trafficking and/or purchasing
prohibited goods, irrespective of the quantity
or value, attracts disciplinary actions. ZERO TOLERANCE

DEFINITION OF SEXUAL EXPLOITATION
AND ABUSE
SEXUAL EXPLOITATION
“Any actual or attempted abuse of a
position of vulnerability, differential
power or trust, for sexual purposes,
including, but not limited to, profiting
monetarily, socially or politically from
the sexual exploitation of another”.
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SEXUAL ABUSE
“Actual or threatened physical
intrusion of a sexual nature,
whether by force or under unequal
or coercive conditions”.
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SEA CODE OF CONDUCT

SEA
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“Many forms of SEA are human

rights violations, when
peacekeepers commits SEA in
form of rape or sex with minors
for example, they become akin to
the perpetrators they were
deployed to combat”.
Lt Gen Otávio R. de MIRANDA FILHO
MONUSCO, FORCE COMMANDER
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ENFORCEMENT
 All processes and procedures with regards to reports of SEA are to
be rigorously followed and enforced by managers/ commanders at
all levels.

 All SEA allegations are assessed by CDT and evidence gathering

investigation in liaison with FPM/OIOS.

 FC disciplinary actions such as :

 FC letter of admonition.
 Immediate repatriation on disciplinary ground.
 No further UN service.
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VICTIMS
 Medical and psychological
complications.
 Stigmatization/Alienation by
the community.
 Unwanted pregnancies.
 Inability to raise children.
 Fuels prostitution.
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PERPETRATOR
 Financial liabilities (paternity
or other).
 Risk of HIV and/or other STI
infection.
 Internal disciplinary action.
 Repatriation.
 Waiver of immunity.
 Potential prosecution.
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ON MONUSCO/ MEMBER ON THE HOST COUNTRY

STATES
Damages communities, as
Bad press. victims are stigmatized and
Loses credibility/trust from rejected by their families.
beneficiaries.
Increases the prevalence of
Becomes unable to achieve its STI/HIV.
mandate.
Increases prostitution of minors.
Loses donor support.
Hurts image.
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 Prevent misconduct.
 Promote an environment free from misconduct including SEA.
 Be aware and comply with rules, regulations, directives, and
administrative instructions.
 Report any concerns of misconduct to CDT through the chain of
command/anonymous.
 Report any SEA misconduct within 72 hours.
 Cooperate during investigations.
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 Report all types of misconduct to CDT.

 Provide as much details and information as possible.
 Bring in person or send by e-mails at -

monusco-cdt-inbox@un.org
 Hotline: 081-890-77-44 or 081-890-75-73.
 Report as soon as possible.
 Keep it confidential.
 Don’t make false allegations.
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 Repatriation.

 Barring from future United Nations service/missions.

 Suspension/Financial liability.

 Summary dismissal.

 Criminal proceedings.
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CASE STUDY

 Lt Jack is a military working in one of the contingents operating in Mazu. Lt jack directed
Papa Vie, the unit interpreter to send messages to Miss Katy to meet him somewhere behind the camp.
Papa Vie was able to convince Miss Katy after several attempts to meet Lt Jack as arranged. Katy and
Lt Jack met a couple of times and at each meeting, Lt jack gives Katy biscuits and a drink.

 Katy was happy to be Lt jack’s friend and she invited him home many times for dinner. One
day Katy offered Lt Jack 5kg of uncut gold for $50 and he gave her the money. Lt jack asked Katy for sex
in exchange for the favor of buying the gold from her. She accepted and they had sex severally in Katy’s
house.

 Lt Jack likes to take pictures and he has a lot of pictures of Katy both dressed and naked. He
keeps some pictures on the office computer and shares them with his friends from the same contingent.

 Lt Jack usually drives there in one of the contingent’s vehicles and in civil clothes. After
6 months, Lt Jack attended Katty’s birthday celebration and was surprised to hear that she is just 16
years old.
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CASE STUDY

Questions

What are the violations of our Code of Conduct?

Is this a case of sexual exploitation or sexual abuse?

What are the possible consequences?

As Commander, you are aware of the case. What can be your actions?
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CASE STUDY

Capt Zaza and Capt Babi are female military personnel working

in one of the contingents operating in Chapa. Maj Jamba and some male

colleagues in the unit always look and pass comments about Capt Zaza’s

appearance when she gets to the office, and this makes her feel

uncomfortable. Maj Jamba and his friends relate well with Capt Babi but

ignore Capt Zaza. Capt Zaza has severally informed Maj Jamba and his

friends that their actions make her uncomfortable, but they did not stop.
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CASE STUDY

 What misconduct(s), were displayed by Maj Jamba and his friends?

 How do you think the behavior can affect the workplace environment?
 You are Capt Babi how can you help the situation?
 If Capt Zaza reports the matter to you as the unit Commander, what would be
your action(s)?

Capt Zaza reports Maj Jamba and his friends’ actions to the unit Commander
but he ignores it because she declined several invitations to have dinner with
him.

 What misconduct can you identify against the Commander?

 What action(s) can Capt Zaza take?
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KEY POINTS TO REMEMBER

 Breaking of curfew.

 Having sexual affairs with minors/prostitutes.

 Picking-up of unauthorized persons in UN Vehs.

 Driving under influence of alcohol or drugs

 Dealing in prohibited goods.

 Misuse of UN property (pornography/E-mails).

UN HAS ZERO
 Abuse of authority/workplace harassment.
TOLERANCE POLICY FOR
SEA CASES
 Any form of Sexual Exploitation & Abuse.
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ANY QUESTIONS?
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THANKS FOR YOUR ATTENTION !!!