UN: OIOS REPORT ON SEXUAL EXPLOITATION AND ABUSE

UNCLAS USUN NEW YORK 000923

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: AORC KUNR PREL UNGA
SUBJECT: UN: OIOS REPORT ON SEXUAL EXPLOITATION AND ABUSE
TO BE CONSIDERED BY FIFTH COMMITTEE


1. Summary: The Office of Internal Oversight Services
(OIOS),in response to a request from the Under
Secretary-General for Peacekeeping Operations, conducted a

SIPDIS
global review, in April and May of 2005, of discipline in
field missions led by the Department of Peacekeeping
Operations (DPKO). OIOS noted that while its report
(A/60/713) covered the general subject of discipline, its
findings and recommendations were generally in line with
those contained in the report of the Permanent Representative
of Jordan, Prince Zeid (A/59/710) on sexual exploitation and
abuse (SEA) involving UN personnel, particularly regarding
the need for a comprehensive strategy to eliminate future SEA
in UN peacekeeping operations. OIOS also noted that the
Special Committee on Peacekeeping Operations (C-34),in the
report on its 2005 session (A/59/19/Rev.1),endorsed certain
recommendations in the Prince Zeid report.


2. Summary continued: In its report, OIOS found that
various forms of misconduct existed to varying degrees in all
missions. While acknowledging that efforts had been made to
address the problem, OIOS concluded that guidance from
Headquarters was inadequate in terms of policies, procedures
and guidelines and that enforcement of policies and
procedures at Headquarters and in the field was poor. OIOS
conveyed 28 recommendations in its report, including that
DPKO should establish a dedicated full-time capacity at
Headquarters and in the missions to address misconduct
issues. (See paragraphs 4-6 below for a more detailed review
of the OIOS report and recommendations.) (Comment: As
mentioned above, OIOS conducted its review in April and May
of 2005. Its report was presented to DPKO in September of
2005 and issued on March 8, 2006, following the inclusion of
DPKO,s comments that indicated that the Department accepted
the recommendations, and in many cases, had started to
implement them. End comment.)


3. Summary continued: At its second resumed session this
June, the Fifth Committee is also expected to consider the
soon-to-be-released comprehensive report on SEA and conduct
issues as called for in section XIV of the peacekeeping
cross-cutting resolution (59/296). It will also consider the
provisions in peacekeeping budgets concerning Conduct and
Discipline Teams (CDTs),and the related reports of the
Advisory Committee on Administrative and Budgetary Questions
(ACABQ). In light of the timing of OIOS, review, a summary
of the C-34,s consideration of SEA during its 2006 session
is detailed in paragraphs 7-10 below. End summary.

- - - - - - - - -
OIOS Report
- - - - - - - - -


4. In response to a request from the Under Secretary-General
for Peacekeeping Operations, OIOS conducted a global review,
in April and May of 2005, of discipline in field missions led
by the Department of Peacekeeping Operations (DPKO). The
objective of the review was to assist DPKO senior management
in determining a course of action to strengthen UN standards
of conduct and to ensure full compliance with such standards.
To achieve this objective, OIOS: assessed the state of
discipline in all 18 field missions led by DPKO, as well as
the UN Logistics Base (UNLB) at Brindisi, Italy; identified
gaps in relevant policies and procedures and; identified
tools the missions need to maintain an environment of good
order and adherence to the UN standards of conduct. OIOS
noted that while its report (A/60/713) covered the general
subject of discipline, its findings and recommendations were
generally in line with those contained in the report of the
Permanent Representative of Jordan, Prince Zeid (A/59/710) on
SEA involving UN personnel, particularly regarding the need
for a comprehensive strategy to eliminate future SEA in UN
peacekeeping operations. OIOS also noted that the Special
Committee on Peacekeeping Operations (C-34),in its 2005
report (A/59/19/Rev.1),endorsed certain recommendations in
the Prince Zeid report.


5. In its report, OIOS found that various forms of
misconduct existed to varying degrees in all missions. While
acknowledging that efforts had been made to address the
problem, OIOS made a number of observations on the UN,s lack
of capacity and absence of provisions to adequately and
comprehensively address misconduct. Among other things, OIOS
concluded that guidance from Headquarters was inadequate in
terms of policies, procedures and guidelines; enforcement of
policies and procedures at Headquarters and in the field was
poor; and resources and skills were insufficient to prevent
misconduct and to enforce standards of conduct. OIOS also
noted that while management had made some efforts to address
the problem, these efforts were made mainly in reaction to
events and negative publicity and were inconsistent across
missions. Based on the results of its reviews, OIOS issued
19 individual reports to management in the field recommending
corrective actions.



- - - - - - - - - - - - - - - - - - - -
Recommendations of OIOS
- - - - - - - - - - - - - - - - - - - -


6. The OIOS report contained 28 recommendations. Outlined
below are some of the key recommendations needed to
comprehensively address misconduct and prevent future
incidents. Many of these recommendations have already been
implemented, or are in the process of being implemented, as
detailed below in paragraphs 7 to 10:

-- DPKO should establish a dedicated full-time capacity at
Headquarters and in the missions to address misconduct
issues, establish procedures and guidelines, ensure their
consistent application and develop and implement prevention
programs and data tracking to ensure that personnel act under
&the highest standards of efficiency, competence and
integrity8, as required by the UN Charter;
-- DPKO, in close cooperation with appropriate legislative
bodies, should develop a mechanism for upgrading
peacekeepers, awareness of the UN Charter and the UN
standards of conduct and encourage troop-contributing
countries to provide training on discipline for all levels of
uniformed personnel in the predeployment period;
-- DPKO, in close cooperation with appropriate legislative
bodies, should also consider creating, under the aegis of the
C-34, a joint committee or working group, with
representatives of the Secretariat and Member States, to
monitor the conduct of peacekeepers and the enforcement of
disciplinary mechanisms and accountability in the field;
-- DPKO should establish procedures to include the
implementation of measures to address misconduct in the
field, especially SEA, in the performance goals of civilian
managers and civilian police managers in their performance
evaluations;
-- The Office of Human Resources Management (OHRM),in
conjunction with DPKO, should develop practical guidance on
how to implement the SYG,s bulletin (ST/SGB/2003/13) on
special measures for protection from SEA;
-- DPKO should prepare a report for the GA recommending the
mandatory adoption of the standards of conduct contained in
the SYG,s bulletin (ST/SGB/2003/13) and the "Ten Rules: Code
of Personal Conduct for Blue Helmets" and "We Are United
Nations Peacekeepers";
-- OHRM, in coordination with other concerned departments,
should expedite the finalization and implementation of
policies and procedures dealing with the protection of UN
whistle-blowers among the UN staff members
-- DPKO should ensure that training programs on the UN
standards of conduct for all categories and all levels of
peacekeeping personnel are instituted prior to deployment and
during the mission assignment; and
-- DPKO and the heads of all missions should regularly
update all peacekeeping personnel and the local population on
the status of measures taken on misconduct.

- - - - - - - - - - - - - - - - - -
2006 session of the C-34
- - - - - - - - - - - - - - - - - -


7. At the opening meeting of the C-34,s 2006 session on
February 28, 2006, Under-Secretary-General Guehenno stressed
that substantial accomplishments had been made in the combat
against SEA. DPKO has established and is enforcing the
uniform standards of conduct for UN peacekeeping personnel;
it has also created multidisciplinary conduct and discipline
units (recently renamed as Conduct and Discipline Teams) in
headquarters and in eight peacekeeping operations. Guehenno
cautioned that sustained progress required sustained
dedicated capacity to address conduct and discipline issues
at headquarters and in the field and he recommended
strengthening Secretariat capacity to investigate complaints.
He also stressed the crucial role of Member States in the
prevention of SEA and urged them to continue to work on the
revision of the model Memorandum of Understanding that should
contain arrangements between Member States and UN
investigators.


8. In the U.S. statement before the C-34 on February 28th,
Ambassador Sanders said that, for years, both the UN and
Member States had largely ignored the issue of SEA. She
commended Prince Zeid for shining a light on what is arguably
one of the greatest stains on UN history and noted that while
DPKO has implemented a number of measures to prevent SEA and
to enforce UN standards of conduct, new allegations are
surfacing of continuing incidents of SEA. She emphasized
that greater action in pursuing justice for crimes already
committed and in preventing such acts must be taken and said
such actions can only succeed with the full support of Member
States and their enforced compliance of their own
peacekeepers.



9. In its report (A/60/19),the C-34 emphasized that
prevention of acts of misconduct and the maintenance of
discipline is the responsibility of managers and commanders
at all levels of UN peacekeeping operations. The Committee
commended the SYG,s efforts to address these issues in light
of Prince Zeid,s report and the recommendations adopted at
the resumed session of the Committee in 2005. It also
expressed pleasure with the progress achieved to date while
conveying concern at the large number of allegations of SEA
and emphasized that due process and national legal
requirements must always be observed during investigations.
Member States requested the SYG should ensure that steps are
taken to restore the image and credibility of any mission,
country or individual when allegations of misconduct are
found to be legally unproven. The C-34 also recalled that
the discussion and implementation of the 2005 report,s
recommendations should be viewed as a process that should
culminate at the earliest opportunity and preferably by June
1, 2007. In addition, the C-34 noted that UN staff members
and UN Volunteers are bound by the standards of
ST/SGB/2003/13 and that violations of these standards will
result in appropriate action within the authority of the SYG,
while criminal and disciplinary responsibility in respect of
national contingents depends on the national law of the
Member State.


10. C-34 recommendations continued: the Committee also
reiterated that the responsibility for creating and
maintaining an environment that prevents SEA should be
included as part of the performance evaluations of managers
and commanders. In this regard, DPKO will issue a Mission
Directive on Sexual Exploitation and Abuse to mission
leadership during the course of 2006. The C-34 recommended
that DPKO take steps to improve the living conditions and
welfare and recreation facilities (from within existing
resources) for all categories of personnel as soon as
possible. Following from the recommendations of the Zeid
report and of the OIOS, Member States endorsed the
development of a database within the Secretariat to track
allegations of SEA and the follow-up given to those
allegations. The C-34 also supported the development of the
appropriate conduct and discipline capacity at UN
Headquarters and in the field (Comment: this is an important
endorsement, given the protracted debate at the 2005
peacekeeping session in the Fifth Committee, during which a
number of delegations expressed their opposition/reluctance
to provide resources for conduct and discipline units. End
comment). In a similar vein, the C-34 welcomed measures taken
by the Secretariat to establish professional investigation
capacity in field missions and expressed its concern with the
number of outstanding allegations of SEA awaiting
investigation. Finally, the Committee decided to consider,
during the 60th session of the GA, the SYG,s strategy for
victim assistance and revised draft MOU as requested in
A/59/19/Rev.1. The SYG,s report on victims assistance is
due to be released to Member States shortly and will be
considered by an Ad Hoc Open-Ended Working Group of the C-34.

BOLTON