Between 2004 and 2007, 134 Sri Lankan soldiers deployed as part of the United Nations Stabilisation Mission in Haiti (MINUSTAH) were involved in a sex-ring in which they sexually exploited nine children between the ages of 12 and 15. In a country where poverty is rife, soldiers promised children clean water and small portions of food in exchange for sex.
The Sri Lankan military repatriated 114 of the 134 accused personnel, however only 9 of these individuals were ‘punished’ with no details of what these punishments entailed.
In fact, Sri Lanka has never even prosecuted a single soldier accused of sexual exploitation and abuse while serving in a peacekeeping mission overseas.
Unfortunately, atrocities such as those committed in Haiti are not seldom. Cases involving sexual abuse and exploitation in peacekeeping can be found as far back as 20 years ago, when the United Nations (UN) was being scrutinised for inaction against multinational forces who were operating as peacekeepers in Cambodia and had sexually assaulted women and young girls resulting in the spread of HIV/AIDS and other diseases among the Cambodian population.
Sexual exploitation
More recently, in 2016, the UN’s Office of Internal Oversight reported 41 cases of sexual exploitation and abuse by peacekeepers from Burundi and Gabon, with twenty-five minors coming forward as victims and eight paternity cases being filed on behalf of young girls.
Over the last 10 years there have been more than 850 allegations of acts of sexual misconduct committed by UN peacekeepers against innocent people suffering from the consequences of conflict - an average of one act of sexual exploitation and abuse every four days.
A major problem lies in the fact that peacekeeping forces have immunity in the countries where they are deployed, meaning, the UN has no ability to prosecute the accused.
Therefore, when accusations are directed, the UN relies on the home countries of the suspects to render justice. The sad fact is, however, the majority of those implicated in cases such as that in Haiti and Sri Lanka often go unpunished.
The UN has been criticised for decades for being inefficient in handling international cases involving sexual exploitation and abuse, however, we must address the inaction by both the UN and Troop Contributing Countries (TCCs) if we are to eliminate sexual misconduct in peacekeeping.
Tackling the issue of sexual abuse and exploitation in the UN has been brought to the forefront of the organisation’s goals under Secretary-General António Guterres, nevertheless, more can be done. A campaign that I believe provides a thorough and practical solution is the United Nations Association - UK’s (UNA-UK) ‘Mission: Justice’.
In order to address the critical issue of sexual exploitation and abuse by peacekeepers, UNA-UK launched their ‘Mission: Justice’ campaign in 2017 (which has also been endorsed by the United Nations Association of Sri Lanka). UNA-UK has presented feasible measures that aim at tackling the issue of sexual exploitation and abuse in UN peacekeeping at its root and, in turn, ensure that in all nations in which peacekeeping missions operate, civilians will be able to trust the people who are sent to protect them.
UNA-UK suggests, the first step in ending sexual violence by peacekeepers is to isolate it from other forms of sexual exploitation.
To do this, it is essential that the UN Secretary General explicitly direct the Conduct and Discipline Unit (CDU) to ensure that they monitor and record an act of sexual violence independent to that of other forms of sexual exploitation and abuse. Distinguishing between sexual violence and other forms of sexual exploitation would help the UN record the severity of the crimes being committed and allow Member States to implement stricter preventative and judicial measures to avert and tackle cases involving offences such as rape and child prostitution.
Criminal accountability
UNA-UK also believes, it is of great importance that the UN Secretary General looks to build upon Security Council Resolution 2272, which was the UN’s first resolution focused solely on sexual exploitation and abuse by peacekeepers.
Actions such as defining the term ‘widespread or systematic failure’ and establishing a trigger mechanism so that contingents to which it applies can be repatriated would allow resolution 2272 to be implemented more effectively. Additionally, UNA-UK advises that the UN streamline its processes for investigation in order to make it clear as to where responsibility lies for advancing the investigation at each stage, ensuring that the process of criminal accountability is given precedence over the administrative disciplinary process.
Ensuring that the investigative process is transparent and monitored, along with placing criminal accountability at the forefront of the investigation would help facilitate a more thorough and effective inquiry into alleged sexual misconduct by peacekeepers and would most likely help Member States administer fairer judicial action against alleged perpetrators.
Vetting process
Given the UN has no ability to prosecute peacekeeping personnel, it is of utmost importance that measures are taken to address the apparent unwillingness of TCCs to prosecute their peacekeepers who have been accused of sexual abuse and exploitation. Therefore, the final three measures provided by UNA-UK revolve around the relationship between TCCs and the UN.
UNA-UK explains that TCCs should sign the UN Secretary-General’s voluntary compact, thereby committing to the overhaul of their existing legal frameworks to plug jurisdictional loopholes which would otherwise prevent the prosecution of their peacekeepers.
It can be argued that further inquiries be taken by the Department for Peacekeeping Operations (DPKO) to ensure that all signatories effectively enforce the rules they have agreed to.
Sri Lanka, for instance, signed a commitment in addition to the voluntary compact which required all peacekeepers to be vetted prior to deployment However, they deployed 49 peacekeepers to the United Nations Interim Force in Lebanon (UNIFIL) without undergoing a vetting process which they have agreed to be carried out by the Human Rights Commission of Sri Lanka.
It may have been a lack of care in this instance, however if TCCs are to uphold the integrity and value of their peacekeepers and help the UN in its battle to eradicate sexual abuse and exploitation from peacekeeping, they must ensure that the enforcement of the regulations they have agreed to is carried out without compromise.
UNA-UK also believes, it is paramount that the DPKO take into account whether a TCC has signed the compact, and their overall record in regard to sexual exploitation and abuse, and prosecuting peacekeepers who have been charged with such atrocities before deployment for overseas missions.
Finally, UNA-UK urges the UN Security Council to adopt a resolution which builds upon resolution 2272 and disallows peacekeepers from being deployed unless the Member State to which they belong demonstrates a willingness and ability to prosecute acts of sexual violence.
Peacekeeping missions benefit both, the UN and its Member States. The UN receives personnel to strengthen their missions and TCCs receive financial compensation.
Sri Lanka, for example, has earned more than 160 million USD from peacekeeping missions since 2004. Therefore, suspending major TCCs from deploying peacekeepers would be detrimental to their economic interests.
Additionally, being a nation that contributes to peacekeeping missions improves the image of that country in the international arena and will benefit the state in their relationship with other UN Member States and the UN Secretariat.
Peacekeeping is one of the most salient duties of the UN, but sexual misconduct has discredited the indispensable work of the organisation and its peacekeepers.
Sexual exploitation and abuse by peacekeepers continues to occur at an alarming rate, with almost 2,000 cases being reported since 2004.
It is, however, the responsibility of the UN, its member states and peacekeepers to uphold the values instilled in the UN Charter and bring peace and security to those who need it the most, not create further distress.
In conclusion, if the measures recommended by UNA-UK and its ‘Mission: Justice’ campaign are implemented effectively we may see a dramatic decrease in instances of sexual exploitation and abuse by peacekeepers.
What must be understood is that when it comes to matters such as sexual violence and other atrocities, the protection of humanity must be given precedence over all else.