Standard Training Module 2: Combating Sexual Exploitation and Abuse Role of Mid-level Managers and Commanders

Conduct and Discipline Unit Department of Field Support UN Headquarters 2 UN Plaza, New York, NY 10017

Contents of Module
1.

2.
3. 4. 5.

6.
7. 8. 9.

Learning Outcomes Overview of Sexual Exploitation and Abuse (SEA) UN Standards of Conduct Definitions and Reporting of Misconduct Definitions of Sexual Exploitation and Abuse Three-pronged Approach: Prevention Measures; Enforcement Measures; Remedial Action Managers Overall Responsibility Video & Case Study Summary and Discussion

Learning Outcomes
Describe

what constitutes misconduct, in particular sexual exploitation and abuse UN policies on standards of conduct the responsibilities of managers and the procedures in addressing misconduct
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Outline

Describe

Overview of SEA: Factual and Legislative History

Allegations in Cambodia & Balkans 1990s Allegations in West Africa (Sierra Leone, Liberia) 2001-02 (A/57/465) SGs Bulletin - SGB 2003/13, 2003 Similar allegations in DRC 2004 (A/59/661) Prince Zeid appointed adviser 2004 Zeid Report submitted to C-34 2005 (A/59/710) SGs Report endorsed by GA 2005 (A/Res/59/300) Bunia II (A/61/841)
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Overview of SEA: Main Zeid Recommendations

Emphasize Strengthen

rules on standards of conduct investigations (OIOS)

Ensure

managerial & command responsibility individual responsibility

capacity to address misconduct
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Ensure
Create

UN Standards of Conduct
Highest

standards of efficiency, competence and integrity tolerance standard on sexual exploitation and abuse

Zero

Accountability

of those in command who fail to enforce the standards of conduct

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UN Standards of Conduct: Sources

Civilian staff ( including UNVs, Contractors): UN Charter Staff Rules and Regulations Status, basic rights and duties of UN Staff members (ST/SGB/2002/13) Measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) Measures for dealing with sexual harassment (ST/AI/379)
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UN Standards of Conduct: Sources

Uniformed personnel: UN Charter Status: basic rights and duties of officials other than Secretariat and experts on mission Ten Rules/Code of Personal Conduct for Blue Helmets & We are the UN Peacekeepers Measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) Observance by United Nations forces of International Humanitarian law (ST/SGB/1999/13)
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Definition of Misconduct Staff Rule 110.1

Failure by a staff member to: Comply with his/her obligations under UN Charter, Staff Rules & Regulations, or relevant administrative issuances Observe Standards of Conduct expected of an international civil servant Principles are also binding on other DPKO personnel e.g. UNPOLs, military, UNVs and contractors
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Types of Misconduct
Category

1 (serious misconduct) Sexual Exploitation and Abuse (SEA) Criminal activities e.g. fraud, smuggling Abuse of authority or staff Category 2 (minor misconduct) Traffic related incidents e.g. speeding Simple theft and fraud Sexual or other work-related harassment
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Reporting of Misconduct
SGB 2005/21 (19 December 2005) UN personnel Have duty to report suspected misconduct Report in good faith supported by evidence Must cooperate with UN investigations Make reports to UN officials, to OIOS or to others in special circumstances Can report misconduct directly to OIOS without a need for supervisory approval (ST/SGB/273, para 18)
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Reporting of Misconduct: Protection Against Retaliation

ST/SGB/2005/21 (19 December 2005)

Definition of Retaliation direct or indirect detrimental action recommended, threatened or taken against a person who reports misconduct Retaliation for reporting misconduct is prohibited As per OIOS mandate (ST/SGB/273, para 18 (f)), no action may be taken against staff who make reports or cooperate with OIOS. Disciplinary action shall be initiated if retaliatory action is taken or as a reprisal. Retaliation can be reported

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Definitions of Sexual Exploitation and Abuse

ST/SGB/2003/13

Sexual exploitation: Actual or attempted abuse of a persons vulnerability, differential power or trust for sexual purposes, including profiting monetarily, socially or politically from the exploitation Sexual Abuse: Actual or threatened physical intrusion of a sexual nature, by force or under unequal or coercive conditions
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Guidelines and Prohibitions on SEA as per ST/SGB/2003/13

Sexual

activity with children (persons under the age of 18) is prohibited. Exchange of money, employment, goods, assistance or services for sex, e.g. sex with prostitutes, is prohibited. Sexual relationships with beneficiaries of assistance are strongly discouraged.

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DPKOs Three-pronged Approach

Prevention Enforcement Remedial

action

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Prevention
Uniform

standards

Training
Public

Information Welfare & Recreation

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Enforcement
Complaints

Mechanism/Reporting Investigations Data Management Follow-up

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Conduct and Discipline Units: Strengthening Capacity

Provide advice and guidance to HQ/field Monitor compliance with standards of conduct Receive and follow-up allegations Public outreach, e.g. update to victims Liaise with OIOS on cases (no formal investigative role) As of the first quarter of 2008, conduct and discipline experts provide guidance to 16 missions.

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Status of Completed Cases (SEA)

Jan 2004 29 February 2008 Based on completed investigations of SEA allegations, determinations were made regarding 450 individuals. Of these: 176 individuals were repatriated 19 individuals were summarily dismissed 6 individuals were reprimanded 1 individual was censured For 7 individuals, the results of the investigations were referred to their employer for dismissal or non-renewal of contract (ie. UNVs, civilian contractors) Action is pending for 23 individuals Member states have also prosecuted and disciplined their repatriated personnel
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Remedial Action
Victim

assistance and compensation Reputation repair

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Remedial Action: Victim Assistance

The General Assembly adopted on 21 December 2007, the United Nations Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by United Nations Staff and Related Personnel (A/RES/62/214). The strategy gives the United Nations an initial 2-year mandate to help victims to access the services they need as a result of the sexual exploitation or abuse These services may include medical treatment, counseling, legal assistance, social support, or material care such as that which is needed for victim protection The intention of the strategy is to have one victim assistance programme in each country serving all victims of UN staff and related personnel, so that care remains consistent regardless of the agency associated with the perpetrator.

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Reputation Repair

As per Code Cable 0312 of 5 February 2007 on Additional Guidance on public information activities on sexual exploitation and abuse, outcomes of investigations must be shared in general terms with an external audience and should include action taken by the organization after completion of an investigation including number of individuals cleared of allegations as well as specific assistance provided to complainants.
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Managers Overall Responsibility

Implement

prevention, enforcement & remedial policies Ensure misconduct prevention training Conduct periodic misconduct risk assessments Address potential or actual violations Report all misconduct to CDT
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Video & Case Study

Video To Serve with Pride: Zero Tolerance for Sexual Exploitation and Abuse Case Study Group selection, reading, identification of issues, presentation

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Summary and Discussion

Conduct and Discipline Unit DFS