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Ethics in Peacekeeping

C O U R S E AU T H O R S

Anne Elias, MSc

Lt Col Michael McDermott

S E R I E S E D I TO R

Harvey J. Langholtz, Ph.D.

Peace Operations Training Institute


®
Ethics in Peacekeeping

C O U R S E AU T H O R S

Anne Elias, MSc

Lt Col Michael McDermott

S E R I E S E D I TO R

Harvey J. Langholtz, Ph.D.

Peace Operations Training Institute


®
© 2008 Peace Operations Training Institute. All rights reserved.

Peace Operations Training Institute


1309 Jamestown Road, Suite 202
Williamsburg, VA 23185 USA
www.peaceopstraining.org

First edition: April 2006


Cover: UN Photo #159933 by Marco Dormino

The material contained herein does not necessarily reflect the views of the Peace Operations Training Institute, the Course
Author(s), or any United Nations organs or affiliated organizations. Although every effort has been made to verify the con-
tents of this course, the Peace Operations Training Institute and the Course Author(s) disclaim any and all responsibility
for facts and opinions contained in the text, which have been assimilated largely from open media and other independent
sources. This course was written to be a pedagogical and teaching document, consistent with existing UN policy and doc-
trine, but this course does not establish or promulgate doctrine. Only officially vetted and approved UN documents may
establish or promulgate UN policy or doctrine. Information with diametrically opposing views is sometimes provided on given
topics, in order to stimulate scholarly interest, and is in keeping with the norms of pure and free academic pursuit.
Ethics in Peacekeeping

TABLE OF CONTENTS

FOREWORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI
INTRODUCTION TO THE COURSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII
FORMAT OF STUDY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX
METHOD OF STUDY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X

LESSON 1 – CODE OF CONDUCT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1


1.1 Guiding principles for the UN peacekeeper’s Code of Conduct
1.2 The Blue Helmet’s Code of Conduct
1.3 Consequences of Violations of the Code of Conduct

LESSON 2 – CULTURAL AWARENESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13


2.1 Concept of Culture and its Importance
2.2 Dangers
2.3 Culture in Peace Operations
2.4 Understanding Cultural Differences
2.5 Building Cultural Awareness

LESSON 3 – GENDER AND PEACEKEEPING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25


3.1 Gender versus Sex
3.2 Gender Roles
3.3 Gender Discrimination
3.4 Gender and Human Rights
3.5 The Impact of Conflict on Women
3.6 Protecting Gender Rights and Sexual Relations in PKOs

LESSON 4 – SEXUAL EXPLOITATION AND ABUSE (SEA) AND HUMAN TRAFFICKING


IN A PEACEKEEPING CONTEXT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
4.1 Sexual Exploitation and Abuse (SEA)
4.2 Human Trafficking
4.3 The Impact of SEA on Peacekeeping Missions
4.4 UN Standards
4.5 DPKO Response to Sexual Exploitation and Abuse
4.6 Responsibilities of Peacekeepers

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LESSON 5 – CHILD PROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
5.1 Understanding Child Protection
5.2 The Rights of the Child
5.3 CRC Guiding Principles
5.4 The Consequences of Conflict on Children
5.5 The Impact of Conflict on Children
5.6 The UN and Child Protection in Peace Operations
5.7 What Can Peacekeepers Do?

LESSON 6 – HUMAN RIGHTS FOR PEACEKEEPERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55


6.1 What are Human Rights?
6.2 The Legal Basis for Human Rights
6.3 Human Rights and Host Countries
6.4 International Humanitarian Law (IHL)
6.5 Examples of Human Rights Violations
6.6 Applying Human Rights in a Peacekeeping Environment

LESSON 7 – HIV/AIDS AWARENESS AND UN POLICIES GUIDELINES . . . . . . . . . . . . . . . 77


7.1 Basic Facts about HIV/AIDS
7.2 Exposure Risks of Contracting HIV
7.3 Protection Against HIV
7.4 Professional Behaviour

LESSON 8 – UN GUIDELINES AND PROCEDURES ON DISCIPLINE FOR


UNIFORMED PEACEKEEPERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
8.1 Off-Duty Misconduct
8.2 Consequences of Violations of the Code of Conduct
8.3 Protecting Human Rights and Gender
8.4 Legal Status of Peacekeepers and Jurisdiction for Violations
8.5 Command Responsibility for Human Rights Discipline
8.6 Loyalty towards Comrades-in-Arms
8.7 Uniformed Peacekeepers' Duty to Act
8.8 Essential Principles on Human Rights Conduct
8.9 Courses of Action

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APPENDIX A: TABLE OF ACRONYMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113

APPENDIX B: WE ARE UNITED NATIONS PEACEKEEPERS. . . . . . . . . . . . . . . . . . . . . . . 115

APPENDIX C: SG’S BULLETIN ON SEXUAL EXPLOITATION AND ABUSE . . . . . . . . . . . 117

APPENDIX D: SECURITY COUNCIL RESOLUTION 1539 (2004) . . . . . . . . . . . . . . . . . . . . 121

APPENDIX E: THE UNIVERSAL DECLARATION OF HUMAN RIGHTS . . . . . . . . . . . . . . . 126

END-OF-COURSE EXAMINATION INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132

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FOREWORD

This course on the Ethics in Peacekeeping is the result of compiling existing UN manuals
and courses that have addressed topics related to ethics. The author has attempted to provide an
overview and some perspectives concerning the major aspects of modern-day peacekeeping,
from an ethical perspective. This course is not intended to be an academic work or, even less so,
a scientific one. Rather, it presents a general introduction to the basic ethical aspects of
peacekeeping.

This text was written for a general audience. It adopts an approach to the material that
seeks to be both universally applicable and free of any political agenda. It makes no claim to
providing a comprehensive coverage of all subject areas that make up the field of humanitarian
assistance, but instead refers the student to other references, organisations, and web sites. In
addition, this course should not be considered a technical reference work; it does not attempt to
replace the excellent documents that have been produced over the last 15 years by the various
actors of the United Nations system and international non-government organisations.

The intent of this course is to provide a basic overview and create an understanding of the
Ethics in Peacekeeping. Through the use of the case studies and practical examples, this
compilation aims to be a guideline for peacekeepers in the field. It is our hope that the readers
will share their thoughts and discuss with each other the issues raised in this course.

Special thanks go out to Lt. Col. Enrique Oribe, who has been a great help and expert
with the process of compiling this work.

Anne Elias, MSc


2005

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INTRODUCTION

The Nature of Today’s Conflicts

The post-Cold War era has witnessed a new pattern of armed conflicts. While conflicts
continue to occur in many parts of the world and have increased in the last decade, they have
mainly been of an internal nature, involving states and non-state actors, which include irregular
forces, private militia, and guerrillas. They have often been rooted in ethnic tensions, fights for
the control of natural resources, the people’s struggle to achieve freedom from oppression, social
justice, and a democratic government. In several situations, conflicts have resulted in the
phenomenon of “failed states,” where the government structure, authority, legal, and political
systems have collapsed, rendering the protection of human rights more difficult.

These conflicts are accompanied by massive humanitarian crises, and human rights are
violated on a large scale. Civilians are deliberate targets of violence. Mass population
displacement, the use of child soldiers, violence against ethnic and religious groups, gender-
based and sexual violence, deliberate destruction of property and crops, and mutilations are some
of the human rights violations that accompany contemporary conflicts. Thus, human rights
violations are, at the same time, the cause and consequence of conflicts.

The Peacekeeper and the Mission Area

Peacekeepers are powerful because they have money, mobility, force, and access to food,
water, and other goods. This causes a power imbalance between the peacekeepers and the host
population.

Wearing a uniform brings with it personal responsibility. Those wearing the uniform
have a responsibility to the service for which they work to keep the peace in a dignified and
civilized manner. They also have a responsibility to the public. The primary responsibilities of
uniformed personnel are to uphold the law, respect human rights, and set an example to society.
Uniformed personnel are easily identified by the public because of the uniform they wear.

The uniform represents power and force; the person wearing it is usually respected and
often feared. A person wearing a uniform usually also has more resources than the local
population, especially in conflict zones. Because of the power and influence that goes along
with wearing a uniform, the potential for abuse is present. This abuse can result in disrespect
and even disgust for the person who is abusive. It also, by extension, brings disrespect to the
service as a whole. Men who abuse alcohol and indulge in sex for money while wearing a
uniform can also set a poor example to the public and other men in the service.

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Most peacekeepers use this power to do good. The international presence can have a
positive effect by initiating and supporting efforts to stop organised crime and improve the
conditions of the local population, including groups that are particularly vulnerable to the effects
of human rights violations. These vulnerable groups include women, children, minorities,
refugees, internally displaced persons, and the elderly. Unable to effectively withstand the
pressures of conflict, they are easy prey for humiliation and physical abuse.

Some peacekeepers have, however, used the powerful situation they are in to abuse
vulnerable populations. They do this by using prostitutes, thus encouraging prostitution, often
including children; by spreading HIV/AIDS in the process; by getting involved in or even
unknowingly encouraging organised crime involving prostitution and the trafficking of women;
by abandoning children they have fathered; and by abandoning women who have been promised
marriage or other benefits in exchange for a sexual relationship. This compounds the difficulties
these communities face. Such behaviour is illegal and morally unacceptable and will not be
tolerated by the United Nations.

The UN Core Values – integrity, professionalism, and respect for diversity – form the
basis for this course, “Ethics in Peacekeeping.” They are important principles and should not be
underestimated.

Violations of UN values will result in a negative impact on the credibility of the UN.

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FORMAT OF STUDY

This course is designed for independent study


at a pace determined by the student

Course format and materials permit:

• MODULAR STUDY
• EASE OF REVIEW
• INCREMENTAL LEARNING

STUDENT’S RESPONSIBILITY

The student is responsible for:

• Learning course material


• Completing the End-of-Course Examination
• Submitting the End-of-Course Examination

Please consult your enrolment confirmation email or the end of


this course for examination submission instructions.

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METHOD OF STUDY

The following are suggestions for how to proceed with this course.
Though the student may have alternate approaches that are
effective, the following hints have worked for many.

• Before you begin actual studies, first browse through the overall course material.
Notice the lesson outlines, which give you an idea of what will be involved as you
proceed.

• The material should be logical and straightforward. Instead of memorizing individual


details, strive to understand concepts and overall perspectives in regard to the
United Nations system.

• Set up guidelines regarding how you want to schedule your time.

• Study the lesson content and the learning objectives. At the beginning of each
lesson, orient yourself to the main points. If you are able to, read the material twice
to ensure maximum understanding and retention, and let time elapse between
readings.

• When you finish a lesson, take the End-of-Lesson Quiz. For any error, go back to
the lesson section and re-read it. Before you go on, be aware of the discrepancy in
your understanding that led to the error.

• After you complete all of the lessons, take time to review the main points of each
lesson. Then, while the material is fresh in your mind, take the End-of-Course
Examination in one sitting.

• Your exam will be scored, and if you achieve a passing grade of 75 percent or
higher, you will be awarded a Certificate of Completion. If you score below 75
percent, you will be given one opportunity to take a second version of the End-of-
Course Examination.

• One note about spelling is in order. This course was written in English as it is used in
the United Kingdom.

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LESSON 1

CODE OF CONDUCT

1.1 Guiding Principles for the UN Peacekeeper’s Code of Conduct


1.2 The Blue Helmet’s Code of Conduct
1.3 Consequences of Violations of the Code of Conduct
Lesson 1 / Code of Conduct 2

LESSON OBJECTIVES

After completing this lesson the student should be able to:

• List and briefly discuss the UN Code of Conduct and standards of behaviour for service
in field missions;
• Understand the Code of Conduct and the reasons for it, as well as its content including
impartiality, integrity, respect, and loyalty; and
• List the consequences of actions that fail to comply with the Code of Conduct.

INTRODUCTION

Peacekeepers represent both the UN and their own countries. Their conduct, both
negative and positive, impacts on the success of the whole mission. The UN embodies the
aspirations of the people of the world for peace. In this context, the UN Charter requires all
peacekeeping personnel to maintain the highest standards of integrity and conduct.
Peacekeepers, whether military, civilian police, or civilian, must comply with the guidelines on
International Humanitarian Law for Forces Undertaking UN Peacekeeping Operations and all
applicable portions of the Universal Declaration of Human Rights as the fundamental basis of all
their standards.

Peacekeepers are present in the mission area to aid in recovery from the trauma of
conflict. As a result, they must consciously be prepared to accept social constraints in their
public and private lives in order to do the work and to pursue the ideals of the UN. Peacekeepers
are accorded certain privileges and immunities through agreements negotiated between the host
country and the UN solely for the purpose of discharging peacekeeping duties. At a mission,
expectations of the world community and the local population will be high, and the actions of
peacekeepers must be correspondingly high. Therefore, their conduct and actions will be closely
observed.
Lesson 1 / Code of Conduct 3

1.1 Guiding Principles for the UN Peacekeeper’s Code of Conduct

The following guiding principles


summarise the core values of the UN in its task of
maintaining international peace and security.
They must be borne in mind by every
peacekeeper.

• Impartiality: Even-handedness. Not being


favourable, preferential or supportive of
any group, person or plan over another.
• Integrity: Honesty. The ability to know
and do what is morally right.
• Respect: Acceptance of others’ ways.
Giving value to others’ rights, customs,
behaviours and wishes even if they are
very different from your own.
• Loyalty: Unqualified support. Fully and
always supporting someone or something
even when circumstances or others may
challenge this support.

In the following portion of this section,


each principle is explained and accompanied by Peacekeepers should always show respect and
relevant “Dos and Don’ts” to guide peacekeepers. impartiality to the local population. (UNAMSIL
Some of these guidelines will often apply to more Photo, Kemal Saiki, 2003)
than one principle.

Impartiality

The impartial and objective pursuit of the mission’s mandate, regardless of provocation
and challenge, is essential to preserving the legitimacy of the operation and the consent and
cooperation of conflicting parties. The effort to maintain impartiality, however, must not
promote inaction. On the contrary, peacekeepers must discharge their tasks firmly and
objectively without fear or favour. Importantly, neither side should gain unfair advantage as a
result of the activities of a peacekeeping operation.

Do
• Remain impartial at all times.
• Understand the mission mandate and any subsidiary directives and operational
instructions.

Don’t
• Take any action that might jeopardise the mission.
• Make any unauthorised communications to external agencies, including making
unauthorised press statements.
• Improperly disclose or use information gained through your employment.
Lesson 1 / Code of Conduct 4

Integrity

Personal integrity will establish both credibility and authority for the UN peacekeeper. It
is essential to the establishment of trust with the host population and as an expression of
commitment to the achievement of the mission mandate. Integrity involves behaving
professionally at all times whether or not you are under observation.

Do
• Conduct yourself in a professional and disciplined manner.
• Support and encourage proper conduct.
• Maintain proper dress at all times.
• Properly account for all money and property assigned to you.
• Care for all UN equipment placed in your charge.

Don’t
Undertake in some form of misconduct, even one of a minor nature.
− Misconduct includes any act, omission, or negligence that is in violation of Human
Rights; UN values; mission SOPs, directives, or any other applicable rules,
regulations or administrative instructions.

Respect

Within a UN peacekeeping mission there will usually be a wide diversity of nationalities,


races, religions, and cultural backgrounds. Part of the strength of the UN lies in this diversity,
and some cultures and behaviours may be vastly different from your own. Treat all people with
dignity and respect. Show respect and understanding of diverse points of view, and demonstrate
this understanding in your daily work. Examine your own biases and prejudices, and avoid
stereotypical attitudes. Also, exercise restraint at all times in the expression of personal views.

Do
• Respect the environment of the host country.
• Treat the inhabitants of the host country with respect, courtesy, and consideration.
• Support and aid the sick and weak.
• Respect all other peacekeepers regardless of rank, ethnic or national origin, race, or gender.

Don’t
• Be abusive or uncivil to any member of the public.
• Commit any act that could result in suffering of the local population.

Loyalty

Remain loyal to the values, objectives and goals of the UN and the mission mandate.
You are in the mission to serve the interests of the UN and the international community. Do not
pursue any national or personal agenda. Stand by decisions that are in the UN’s interests even if
they are unpopular or different from your personal interests. If you are in a decision-making
position, resist undue political pressure from any faction or government. The sole consideration
for all your actions and decisions is the interest of the UN.
Lesson 1 / Code of Conduct 5

Do
Dedicate yourself to achieving the goals of the UN in the mission regardless of your personal
views.

Don’t
Bring discredit upon the UN or your country through improper personal conduct, failure to
perform your duties, or abuse of your positions as peacekeepers.

1.2 The Blue Helmet’s Code of Conduct

The following ten rules included on the card of the Code of Conduct for the Blue Helmets
summarise the “Dos and Don’ts” associated with the four principles previously discussed.

Each peacekeeper is issued one card as a reminder of his personal code of conduct. Read
it frequently and do not violate the code. There will be serious personal consequences for you
and possibly for the UN mission if you do. This card is supported by the “We are United
Nations Peacekeepers” card, which is listed in Appendix B and sets out the “Dos and Don’ts” in
a recognisable format.
Lesson 1 / Code of Conduct 6

1.3 Consequences of Violations of the Code of Conduct

Certain privileges and immunities are granted to you by the Secretary-General for the
performance of your official duties and in the interest of the UN. They are not for your personal
benefit. Depending on your category (formed military contingent, MILOB/Civilian Police,
civilian), the immunities and privileges apply in different ways. However, regardless of
application, you are still liable to disciplinary action and, in serious cases, criminal proceedings
for violations of the Code of Conduct.

As an individual and depending on your category, you are also liable to suffer various
consequences for your misconduct. The consequences will also depend on the severity of your
offence or misconduct.

Minor Misconduct

Minor misconduct is
any act, omission, or
negligence that is a violation
of mission SOPs, directives,
or any other applicable rules,
regulations, or administrative
instructions, but which does
not result in major damage or
injury to an individual or the
mission. It may include, but
is not limited to:
• Improper uniform
appearance;
• Neglect in To avoid any serious consequences, ensure that you do not engage in
performance of duty negligent driving. (UN/DPIPhoto, 1990)
not amounting to a
wilful or deliberate act;
• Intoxication while on duty or in public; and
• Negligent driving.

Serious Misconduct

Serious misconduct is any act, omission, or negligence, including criminal acts, that is a
violation of mission SOPs, directives, or any other applicable rules, regulations or administrative
instructions that results in serious damage or injury to an individual or to the mission. Serious
misconduct includes, but is not limited to:
• Sexual abuse and exploitation of any individual, particularly children;
• Harassment, including sexual harassment;
• Abuse of authority;
• Breach of confidentiality;
• Abuse of UN privileges and immunities;
Lesson 1 / Code of Conduct 7

• Use, possession, or distribution of illegal narcotics;


• Embezzlement or other financial malfeasance;
• Wilful disobedience of lawful order; and
• Driving while intoxicated or other grossly negligent driving.

Whatever your position within the mission, your misconduct may have wide consequences and
lead to:
• Erosion of confidence and trust in the UN;
• Jeopardising the achievement of the mission; and
• Jeopardising the status and security of peacekeepers.

Consequences

Depending on the level of your misconduct, you may find yourself subject to one or more of the
following consequences:

• Internal Disciplinary Action. You may be subject to disciplinary action by your superior
officer or supervisor. This may include a verbal or written censure, a reprimand, and/or
retraining in a skill area. Military peacekeepers may be subject to the code of military
discipline, resulting in fines, detention, repatriation, or dismissal.
• Repatriation/Termination of Contract. You may be repatriated to your home country on
the recommendation of the Force Commander or the SRSG. For a civilian peacekeeper,
this may lead to termination of your contract with the UN. No misconduct, however
attractive it may seem, is worth the loss of your good reputation, your job, or your career
prospects.
• Criminal Proceedings. In very serious cases of misconduct, especially where the laws of
the host country have been broken, you may find yourself facing criminal proceedings in
the host country. The immunities and privileges that you have as a UN peacekeeper do
not in any way permit you to break the established laws of the land.
• Financial Liability. In cases of negligent damage or loss of UN property, you may be
liable to bear the financial cost of replacement. This money may be sought from you or
your national contingent, which may in turn take disciplinary action to recover the money
from your salary.

Cases Studies

The following three case studies highlight different breaches of the Code of Conduct and
their implications. Each consists of a short scenario, a series of questions, and notes.
Lesson 1 / Code of Conduct 8

Case Study 1 – “A Little Money on the Side”

During a peacekeeping mission, two peacekeepers decided to “make a little money on the
side” by buying alcohol cheaply from the UN PX shop and selling it to the locals for profit.
They knew that alcohol was expensive in local shops, and so there would be a ready market for
their trade.

In a short time, word spread around the local community that alcohol was on sale at one
particular UN position, and business boomed for the two soldiers. In order to secure more stock,
and to avoid raising the suspicions of the PX staff, the two soldiers encouraged other
peacekeepers to buy alcohol on their behalf in return for a share of the profits. Sales grew
further until word of the operation reached local shopkeepers and civic leaders. They
complained to the Mission Headquarters, which acted swiftly to close the illegal operation and
discipline those involved, but not before several articles had appeared in the local press creating
adverse publicity about the corrupt and unprincipled behaviour of the UN.

Questions to Consider

1. Do you see any violations of the Code of Conduct in this story?


2. Were these soldiers doing anything wrong? If so, what?
3. What consequences do you think their activities will have on:
a. The community?
b. The other UN troops at the position?
c. The relations between the UN troops and the local community?
d. The image of the UN and the country that these troops came from?
4. Do you think the behaviour of the soldiers poses any dangers to themselves and their
colleagues?
5. What appropriate disciplinary action do you think should have been taken against these
soldiers?
6. What other measures can be put in place to prevent this type of behaviour?

Analysis and Discussion of the Case Study

This case study is intended to draw attention to the temptations of participating in the
black market. The peacekeepers would have been aware that most items in the PX shop are
specially priced or discounted and are not intended for resale, and they should not have utilised
this concession for personal gain. Their actions caused friction with the local community, albeit
not with those locals who were buying the alcohol, and more importantly it seriously discredited
the position and standing of the UN and its field mission.
Lesson 1 / Code of Conduct 9

Case Study 2 – “Money for Love”

Peacekeepers have established their base on the outskirts of a small rural community.
There is a large local family living near the camp that often come to ask the guards at the gate for
food, kerosene, and other small favours. The family is quite friendly and poses no threat to the
peacekeepers. There are also three attractive teenage sisters in the family.

After a few weeks, one of the peacekeepers invites one of the sisters into the camp and
begins an affair with her. In a short time, other peacekeepers “capture” the other sisters. It is
obvious that the sisters are having sex with their newly found boyfriends but there is no evidence
of rape. The peacekeepers who are having affairs with the sisters are now seen visiting the
families late in the night and showering them with gifts of food and kerosene and other small but
essential needs. The girls’ parents usually retire into their house whenever the peacekeepers
come to visit. They have not openly expressed any displeasure with their daughters’ affairs, and
they are obviously benefiting from the gifts and money that are being given to their daughters.
The sisters are also dressing better than the other girls in the village. There is some gossip in the
village about the girls and their peacekeeper-boyfriends, and the local young men have become
somewhat unfriendly towards the peacekeepers.

Questions to Consider

1. What violations, if any, of the Code of Conduct can you identify in this story?
2. Do you think the peacekeepers have behaved properly?
3. How do you think the girls’ parents feel about these circumstances?
4. How do think the local community feels about these circumstances?
5. What could be the possible consequences for the girls and the peacekeepers if these
relations are allowed to continue?

Analysis and Discussion of the Case Study

This case study is aimed at drawing the attention of peacekeepers to the wider
consequences of sexual relations with members of the host population. Even when these sexual
relations are consensual, there are likely to be negative consequences. The parents of the girls
may not approve of their actions but because of the survival benefits they derive from it, they do
not complain. The local community may also not approve of ‘strangers’ taking their women and
may express their resentment in a number of ways. They may also feel inadequate because they
may feel that the peacekeepers are ‘buying’ the women because they have money. This could be
a source of tension between the peacekeepers and the local community.

In the real life story from which this case study was extracted, the local young men issued
threats and physically assaulted any girl who was thought to be having sexual relations with a
peacekeeper. The girls were also threatened about what would happen to them after the
peacekeepers left.
Lesson 1 / Code of Conduct 10

Case Study 3 – “Are These the Sort of People the UN Sends to Help Us?”

The scene is a bar very popular to peacekeepers. A group of them are spending a night
out. They have been there for about three hours, and from the loudness of their conversation and
their laughter, they have been drinking quite a bit. Other patrons of the bar are not looking too
pleased, but nobody has requested that the peacekeepers keep their noise down.

The trouble starts when one of the peacekeepers, while trying to stand up, stumbles a
little and knocks the drinks off the next table. Four local young men who have also been in the
bar for some time occupy that table. One of the local young men demands that the peacekeeper
pays for his drink and the broken glass and compensate him for his wet clothes. The
peacekeepers disagree and a loud argument begins. Other patrons join the argument, and there
one local young man pushes a peacekeeper. The peacekeeper retaliates with a punch, and soon a
free-for-all starts in the bar. More bottles and glasses get broken and tables and chairs pushed
aside. One peacekeeper has blood gushing from the side of his head. Another has a swollen lip
and a torn shirt.

Other peacekeepers arrive and assist in restoring order. They also persuade the drunken
peacekeepers to leave the bar. As they leave, one local was heard to say, “Are these the sort of
people the UN sends to help us?”

Questions to Consider

1. What violations, if any, of the Code of Conduct have occurred?


2. What were the basic causes of the bar fight?
3. How could this situation have been prevented?
4. To what dangers, if any, did the situation expose the peacekeepers?
5. How could this situation affect the credibility of the UN Mission?

Analysis and Discussion of the Case Study

This case study is primarily intended to draw attention to the inherent dangers of
peacekeepers’ excessive indulgence in alcohol especially in public places. There are also lessons
to be drawn from the local’s comment on how such conduct affects the credibility of the UN
mission in a wider sense.

Even though peacekeepers may not be prevented by regulations from patronising public
bars in the host country, their conduct while they are there is under the keen observation of the
host population. Drunkenness and indulgence in drugs usually leads to the lowering of one’s
guard and clouds judgement. In public places within the host country, it is important that
peacekeepers exhibit the highest standards.
Lesson 1 / Code of Conduct 11

LESSON 1
END-OF-LESSON QUIZ

1. The four principles of the Code of Conduct are:


a. Impartiality, integrity, respect, and loyalty;
b. Integrity, professionalism, respect for diversity, and loyalty;
c. Impartiality, commitment, respect, and loyalty;
d. Impartiality, diversity, integrity, and respect.

2. Which of the following is true?


a. The Code of Conduct applies only to UN staff, not to peacekeepers;
b. The Code of Conduct is used as an addition to the national rule of law;
c. The Code of Conduct is to be used before applying the national rule of law;
d. The Code of Conduct is intended to teach people about the UN and is not binding.

3. A minor misconduct:
a. Is not a violation of Mission SOPs;
b. Results in serious damage to the mission;
c. Includes intoxication while on duty;
d. Includes a breach of confidentiality.

4. Consequences of misconduct do NOT include:


a. Criminal proceedings;
b. Financial liability;
c. Internal disciplinary action;
d. Prison under UN custody.

5. Behaving professionally at all times whether or not you are under observation refers to:
a. Impartiality;
b. Integrity;
c. Respect;
d. Loyalty.
Lesson 1 / Code of Conduct 12

6. Treating the inhabitants of the host country with courtesy and consideration and providing
aid to the sick and weak are examples of the principle of:
a. Impartiality;
b. Integrity;
c. Respect;
d. Loyalty.

7. An example of serious misconduct is:


a. Harassment, including sexual harassment;
b. Breach of confidentiality;
c. Embezzlement or other financial malfeasance;
d. All of the above.

8. Impartiality refers to:


a. Honesty;
b. Even-handedness;
c. Acceptance of others’ ways;
d. Unqualified support.

9. Loyalty involves:
a. Remaining impartial at all times;
b. Supporting and aiding the sick and weak;
c. Maintaining proper dress at all times;
d. Serving the interests of the UN and the international community.

10. A written censure, a reprimand, and retraining in a skill area are all examples of what type
of consequence?
a. Internal Disciplinary Action;
b. Criminal Proceedings;
c. Repatriation or Termination of Contract;
d. Financial Liability.

ANSWER KEY:
1a, 2c, 3c, 4d, 5b, 6c, 7d, 8b, 9d, 10a
LESSON 2

CULTURAL AWARENESS
2.1 Concept of Culture and its Importance
2.2 Dangers
2.3 Culture in Peace Operations
2.4 Understanding Cultural Differences
2.5 Building Cultural Awareness
Lesson 2 / Cultural Awareness 14

LESSON OBJECTIVES

After completing this lesson the student should be able to:

• Understand the concept of cultural awareness;


• List examples of cultural differences;
• Recognise the stages of cultural adaptation;
• Deal with these stages in the field; and
• Improve the ability to work and live in a multi-cultural environment.

INTRODUCTION

Until recently, the importance of understanding culture in peace operations was under-
estimated. Challenges associated with culture have arisen due to the expanded and complex
nature of modern peacekeeping operations. Today’s missions are multi-culturally composed and
take place in diverse cultural contexts.

Culture is a sensitive topic. It provides an understanding of group and individual beliefs,


values and behaviour and how they are interpreted. It is very important that peacekeepers
understand the differences in cultures and their effects to prevent misunderstandings.
Lesson 2 / Cultural Awareness 15

2.1 Concept of Culture and its Importance

Many factors form and influence culture – hundreds of definitions, concepts, and theories
exist. A simplified working definition of culture is that it is a system of both implicit and
explicit meanings, beliefs, values, and behaviours shared by members of a community or a
group, through which experience is interpreted and carried out. Culture determines the way we
act, the manner in which we relate to others, and the way that we think about and interpret events
happening around us.

Culture is acquired through the process of socialisation. We learn relative values and
appropriate behaviours from our community members. One level of culture deals with
observable aspects, such as clothing, language, and food. Another level, which we cannot
always see, includes our shared ideas, beliefs and values, which usually become apparent when
people from different social systems interact. Individuals also do not embody a single culture,
but rather multiple cultures. Many cultural groups exist within the larger ones, including age,
gender, class, profession, and religion.

Culture colours everything we see and do. It is impossible to leave our cultural lenses
behind during our interactions, particularly the perspective and experience through which we
interpret events. A number of factors play a role with a varying degree in shaping a culture.
Among these factors are:

• Urbanisation – measure in how far people are concentrated in urbanised city areas;
• Nationalism – patriotism, fealty to one’s country;
• Migration – measure of people who move to or from a country, which brings different
cultures together;
• Colonisation – the settlement of one country in another influencing the local culture;
• Minority experience – a group of people in a country that do not represent the majority;
they can sometimes feel dominated by the majority group;
• Industrialisation – measure of industries integrated in society;
• Education – measure of schools integrated in society;
• Social Background – the way society is divided into social layers;
• Ethnic Background – a person’s racial background;
• Religion – a person’s beliefs;
• Gender – the interaction between men and women; the balance between the two genders
a the specific society;
• Language – a society can have many different languages that divide the groups;
• Profession – what people do for a living can shape the individual culture;
• Personal culture; and
• Values, worldviews, beliefs, and behaviours.
Lesson 2 / Cultural Awareness 16

A South African peacekeeping soldier with locals in Bujumbura, Burundi.


Cross-cultural interaction between peacekeepers and the locals should be
expected on missions. (UN Photo #NICA19271, Eskinder Debebe)

2.2 Dangers

Human beings frequently make generalisations about people and attribute characteristics
to them. In other words, we create stereotypes. When we do this with cultural groups, there is a
danger of developing negative stereotypes, which leads to prejudice.

A cycle of prejudice begins when we start judging other cultures by our own set of
standards to define the world around us. Lack of knowledge or an unwillingness to learn can
result in an unintentional conflict or misunderstanding. The prejudices are often based on
imperfect information and are normally filtered through an individual’s background and
experiences. The only way to break this cycle is to be aware of cultural differences and try to
understand their origins.

When working in a culturally-diverse environment as peacekeepers, we have to be


careful to question our own cultural expectations to avoid making stereotypes or forming
prejudices against other groups.

2.3 Culture in Peace Operations

Cross-cultural interaction in peace operations occurs on various levels:


• National contingents;
• Diverse personnel who work for diplomatic, humanitarian, and other civilian agencies;
• Military and civilian organisations involved in establishing and sustaining missions;
• International staff and local communities; and
• Different ethnic groups in conflict.
Lesson 2 / Cultural Awareness 17

2.4 Understanding Cultural Differences

The most striking and common differences that new peacekeepers will experience
include the following.

Eating Habits

Some nations use knives, forks, and spoons. Some use chopsticks and a spoon, while
other nations use the clean right hand instead of cutlery. Some nations eat from individual
plates, and others have one big common plate. Do not get surprised.

Food

Beef is not eaten in Hindu countries, Muslims do not eat pork, and Christians keep cats,
dogs, and horses as pets. In some countries, people have no problem in eating “everything that
moves.” These habits are different for everyone, and it is important to understand and respect
that these differences exist.

Religion

In most of our societies, religion is an important factor. Peacekeepers should be aware of


and sensitive to the religious beliefs and customs in the mission area. You will find other
religions not only among local people but also among other peacekeepers. Respect all religions
as you do your own beliefs.

Family and Gender

In some cultures, family ties are considered very important. Elders are most respected in
some societies. As a rule, paying respect to elders and being humble will never be wrong.
Gender beliefs of the local community may be different from yours. In some matriarchal
societies, women do all the work and are the “providers” for the family.

Communication

Language is culture-specific. Cultural undertones always exist when a person is speaking


in English and is not a native of an English-speaking country. So, you may not always
understand and may have to ask the person to repeat or re-phrase. When speaking English to a
non-native speaker, it is best to use short sentences and avoid complicated grammar. Humour is
a positive approach. But be aware that humour is not cross-cultural and that your sense of
humour can make enemies.
Lesson 2 / Cultural Awareness 18

Body Language

Body language is very important as it conveys many things that you do not say. Different
gestures have different meaning in different cultures. A smile, however, will never be
misunderstood. A polite handshake is accepted in most cultures, though there are exceptions
where men do not shake hands with women. Men walking hand in hand are quite common in
many countries and indicate trust and friendship. In some other cultures, hand-holding may be
related to sex.

Dress Code

Dress code is different amongst


various cultures. It depends upon
customs, traditions, and the climate.
Peacekeepers need to understand and
adapt.

Traffic

Countries have different traffic


conditions and rules. These have to be
understood and adapted to by the
peacekeepers. Many casualties in
peacekeeping are not from combat, nor
from sickness. Peacekeepers die in
traffic accidents! Women of the Kunama tribe dress in vibrant colours and live
• Drive defensively. in the Central-Western parts of Ethiopia and Eritrea. (Photo
• Study the local traffic conditions by LTC Phyllis Mihalas, G5, October 2002)
and drive carefully.
• Do not drive without a UN driver’s license.

Time

The concept of time also differs between cultures. The military has its own
understanding of what being “on time” means, which may differ substantially from what is
understood by civilians or the local community. In some cultures, being late is a symbol of
status and power. In one of the missions, when asked, a local leader said, “You have the clock,
we have the time.”
Lesson 2 / Cultural Awareness 19

2.5 Building Cultural Awareness

Culture and cultural differences can have a powerful effect and can lead to
misunderstandings and conflicts. Cultural awareness is necessary to manage these differences,
which we otherwise tend to measure against our own standards.

• As a first step, we need to fully understand our culture, how personal cultural experiences
have shaped our communication styles, and why we do things a certain way.
• The next step is to understand the specific culture we would be working with.
• Lastly, we need to view cultural differences not as weaknesses but as strengths that
enable us to solve problems in a unique and creative manner.

Culture of the Host Country

If feasible, try to know at least the most current development in the local history of the
mission area. You can be sure that the parties have different opinions on the history, but basic
facts are helpful and make you a more convincing peacekeeper.

Cultural Shock – Adaptation Stages

Arriving in a mission brings with it exposure to unfamiliar climate, language, currency,


road signs, and colleagues. An adaptation process is necessary to adjust to the new culture. The
stages of the adaptation to a new culture are:

• Honeymoon
• Initial confrontation
• Adjustment crisis
• Recovery

Upon arriving in a mission, it is normal to face some discomfort. Some become


homesick or depressed, and others even get hostile towards the host nation’s culture. How do
you manage culture shock? Speak out with your friends and your commanders. Ask questions
before getting angry about attitudes or facts that you may be misinterpreting. If you have
previous experience in peacekeeping, you may feel nothing, but help the younger and newer
soldiers to adjust.
Lesson 2 / Cultural Awareness 20

Stage Situation Approaches Reactions


First exiting
Excitement, curiosity,
Honeymoon contact with the Observe
slight concern
culture
First intensive Surprise and confusion;
Initial Solve problems in
feeling with the mystified about others’
Confrontation familiar ways
culture behaviours
Some Feeling frustration,
Adjustment
Problems intensify experimentation with anger, confusion about
Crisis
new behaviours own identity
Now feeling that the
New strategies to culture is
Sense of belonging
Recovery help one function understandable,
to culture emerges
effectively enjoying many aspects
of the new culture

Maintaining Good Relations

The knowledge and understanding of other cultures is critical for the maintenance of
good relations to all the people in the mission. It will not only help you as an individual, but
your organisation will also work more effectively, and the mandate will be easier to accomplish.
Always remember that each organisation also has its own culture and values. As you did for
other people in the mission area, do your best to know and understand the culture of all
organisations, elements, and partners in UN peacekeeping.

Remember: If you are humble, respectful, and friendly, you will always be fine.

Case Studies

The following five case studies present different cultural situations that one might
encounter in the field. It is encouraged you discuss them with your friends.
Lesson 2 / Cultural Awareness 21

Case Study 1 – “The Market Place”

“We had a successful mission in Somalia close to the border of Kenya. We had
extremely good relations with the local chief, who we later learned was educated at Oxford
University. While we were there, we gained much experience on cross-cultural awareness. This
was my first bad lesson. One day I passed the market place and observed more people than usual
at that time of the day. The voices of the assembled people were excited, and I stopped to
inquire. Our sector was peaceful, and cooperation with the local people had been very fruitful.
One elderly man came up to me and explained that ‘she only got what she deserved.’ As I asked
him about this strange answer, he told me that a lady was being punished in a most severe way. I
went on asking why. The answer was that the local lady had had sexual relations with one of the
peacekeepers. That proved fatal to her!”

Case Study 2 – “The Toilet Experience”

“We were being relieved by another contingent of very professional soldiers and their
Commanding Officer came two days in advance to make the initial preparations. We did not
want the local people to realise that there had been a change of troops. While I was in the
Command Post (CP) discussing handing over details with my replacement, we heard loud noises.
The noise increased, so both of us went out. Shocked, we saw a running fight between the two
contingents. Once we calmed our troops, the reason for the fighting soon came out. The western
contingent was accustomed to toilets where you sit down. The new contingent, accustomed to
another toilet tradition, did not know how to use the western-style toilets. Therefore, they stood
on top of the toilet bowl, which made the other contingent a bit unhappy. It was hot and the
toilets dirty, and that led to the fight. The matter was solved by creating temporary toilets to suit
the new incoming contingent.”

Case Study 3 – “To Walk Hand in Hand”

“My contingent was amongst the first to arrive at the harbour of Thes-salloniki, Greece.
We were rather well organised and equipped, which was a bit unusual for my nation. We helped
another contingent with material-handling, security, and transport support, among other things,
as they arrived. They were very hospitable and invited us to share their kitchen and what they
could provide otherwise. One day I received an invitation to visit their camp after they had
settled in. To my surprise, I was welcomed at the gate by their contingent commander. It was
unusual, since I was a major and he was a colonel. Then he walked me all around the camp,
while holding my hand the entire time. I was quite embarrassed because in my nation we do not
hold hands. Only men and women do that. So I was not comfortable. But later I learned that he
had bestowed on me great honour by letting all see him holding my hand.”
Lesson 2 / Cultural Awareness 22

Case Study 4 – “Movement Control at the Airport”

“A European country was in charge of Movement Control (MC) during the UNPROFOR
mandate in the Balkans in early 1994. The MC NCO’s were strict. Even the Force Commander
was once told by a Corporal that he had to abide by the UN rules. During rotation of a
contingent from the Middle East, some unexpected waiting time occurred at the airport in
Sarajevo. As prayer time approached, the contingent started to pray. Meanwhile, the airplane
was ready for boarding. The MC Corporal had a time schedule to follow and was not happy with
the delay. He interrupted the praying in a very rude and undiplomatic way. The Middle Eastern
soldiers were naturally quite upset and some quarrelling started. Later, it became known that
MC Corporal had not informed the Middle Eastern commander about the strict time limits in
loading and the difficulty of getting ‘space’ in the overcrowded airspace for a delayed airplane.
He did not know about the Muslim tradition for praying five times a day. Otherwise, he would
have briefed the Middle Eastern commander.”

Case Study 5 – “The Gift”

“In one new troop-contributing country, the United Nations conducted a course for
Majors and Lieutenant Colonels. The participants were from four new TCCs. The host country
did a tremendous job to make it a successful event; they provided artillery and infantry units to
create the right environment for the exercise. The course ended successfully, and everybody was
proud. The participants were confident in their new future UN positions as observers.
Additionally, the hosts were proud of receiving such positive feedback, and the UN organising
team was proud since their careers got a boost. At the closing ceremony, the Minister of
Defence (who was present) suddenly announced that he would like to present gifts to the UN
Instructor Team. This proceeded without any incident until it was the turn of the head of the UN
delegation to give his token of appreciation. The gift was impressive and obviously valuable.
The UN chief hesitated. He had been instructed not to take ‘bribes,’ and this was his first official
assignment. The situation was ‘rescued’ by the presence and quick action from an old UN
instructor who whispered to the delegation leader to ‘express happiness’ and accept the gift.
Luckily he did, and he later reported the fact as indicated in UN regulations.”
Lesson 2 / Cultural Awareness 23

LESSON 2
END-OF-LESSON QUIZ

1. Which of the following is NOT true?


a. Culture determines the way we act and interpret things;
b. Individuals always embody a single culture;
c. Religion shapes individual culture;
d. Migration shapes individual culture.

2. Which of the following is NOT a danger of cultural interpretation?


a. It can lead to generalisations;
b. It can lead to a developing of negative stereotypes;
c. It can lead to unintentional conflict;
d. It can lead to awareness in cultural differences.

3. Which of the following is not eaten by Muslims?


a. Beef;
b. Pork;
c. Cats;
d. Horse.

4. When at a mission, which of the following should peacekeepers be least concerned with?
a. Knowing the basic facts of local history;
b. Understanding the culture of the host country;
c. Learning the language of the host country;
d. Maintaining good relations to all the people in the mission.

5. Case Study 5, “The Gift,” teaches us:


a. To always accept any gift;
b. To accept gifts under certain circumstances and report it;
c. To never accept any gift, as described in the Code of Conduct;
d. To make sure the value of the gift you accept is under US $100.

6. Which of the following best describes culture? Select all that apply.
a. A shared system of meanings, beliefs, values, and behaviours;
b. A system that has nothing to do with our behaviour;
c. The way that we act and relate to others;
d. Both a. and c.
Lesson 2 / Cultural Awareness 24

7. The settlement of one country in another influencing the local culture is known as:
a. Industrialisation;
b. Colonisation;
c. Urbanisation;
d. Socialisation.

8. The only way to break the cycle of prejudice is to:


a. Be aware of cultural differences;
b. Make generalisations about people;
c. Attribute characteristics to people;
d. Judge cultures by our own set of standards.

9. Being mindful of your body language is important because:


a. It reduces the need to learn the local language;
b. It conveys many things that you do not say;
c. Gestures have a universal meaning across different cultures;
d. Gestures are incapable of offending people.

10. Regarding traffic, a peacekeeper should know to:


a. Not drive without a UN driver’s license;
b. Drive defensively at all times;
c. Study the local traffic conditions;
d. All of the above.

ANSWER KEY:
1b, 2d, 3b, 4c, 5b, 6d, 7b, 8a, 9b, 10d
LESSON 3

GENDER AND PEACEKEEPING

3.1 Gender versus Sex


3.2 Gender Roles
3.3 Gender Discrimination
3.4 Gender and Human Rights
3.5 The Impact of Conflict on Women
3.6 Protecting Gender Rights and Sexual Relations in PKOs
Lesson 3 / Gender and Peacekeeping 26

LESSON OBJECTIVES

After completing this lesson the student should be able to:

• Describe the difference between gender and sex;


• Understand how the relationship and roles of men and women are affected by conflict;
and
• Understand how the presence of peacekeepers may further impact these roles and
relationships.

INTRODUCTION

It is essential that peacekeepers of all nations, whether military, civilian police or civilian,
to understand the significance of gender relations in the work they undertake.

Experience has sadly demonstrated the negative effects on a conflicted population of the
presence of peacekeepers who lack this appreciation, or who choose to act contrary to the
principles and standards established by the United Nations. Their failure to conform to these
standards and to respect the interests, needs and desires of the population, particularly the
women, has weakened the effectiveness of UN peace operations.

Without an understanding of how the relations between women and men are structured,
how they are affected by violent conflict, and how the mere presence of peacekeepers further
impacts on those relations, there can be little meaningful advancement in the effectiveness of
peacekeeping operations.

At the same time, when an understanding of gender issues is present, UN peace


operations are meaningfully enhanced, and the chances of achieving sustainable peace are
greatly improved.
Lesson 3 / Gender and Peacekeeping 27

3.1 Gender versus Sex

Many languages lack a literal translation for the word “gender” in their vocabulary, often
making the word impossible to translate. The following examples will illustrate the distinction
between gender and sex.

Gender is about the ever-changing roles that the family, community, and state expect
women, men, boys, and girls to exhibit in public and in private. Gender is based upon
preconceived ideals regarding how to behave and think if one is either male or female. One’s
gender can change across time and culture. Society’s beliefs about gender have a profound
impact on the opportunities men and women can receive, as well as access to resources and to
their rights.

Unlike gender, sex is fixed, determined by biology at birth, and is universally recognised.
We all know the physical differences between the sexes. Gender roles are determined by the
roles that society gives to men and women. Unlike gender roles, sex roles do not change. For
example, women give birth and breastfeed children. This is a sex role because men are not
equipped to fulfil these functions. However, both men and women can take care of children.
This is a gender role, as both men and women are able to do it.

Men and women possess certain characteristics that are representative of their sex. For
example, men typically have greater body mass than women and are generally physically
stronger. They can also grow beards, and their voices change at puberty. These characteristics
are determined by their biological make-up and, therefore, cannot change. However, both men
and women can follow any career path that they so desire, be it soldiers, politicians, or social
leaders. This public role is determined by society and culture.

Both sex and gender roles have an impact on one’s own freedom of movement. The need
for specific services, such as reproductive healthcare for women, has the potential to influence
the kinds of work people strive to accomplish.

Gender and Sex

• Gender is…
− Socially determined
− Determined by culture
− Culture-specific
− Changing over time

• Sex is…
− Biologically determined
− Determined by birth
− Universal
− Unchanging
Lesson 3 / Gender and Peacekeeping 28

3.2 Gender Roles

Every culture, including those minorities found within the dominant culture, has rules,
beliefs, and attitudes regarding how men and women should behave. This behaviour is based
upon what society believes is right, what it values in its men and women.

Variations between cultures. Being submissive, subordinate, and discreet may be thought
of as womanly in some cultures, but not in others. Likewise, men in some societies are valued
for being tough, strong, or warlike, but this can also change. We all have ideas of what women
and men are capable of, what roles they can fill.

Social differences.
Not everyone in society is
seen in the same light.
Poor women always
work, often in and out of
the home. Women and
men may be equally
discriminated against if
they are from a lower
caste or place in society.
Likewise, race is a
significant factor in
society’s image of what is
appropriate for men and
women, and age can
provide women with Women making clay pots in Upper Volta. (UN Photo #152855C)
more respect and
recognition. In some societies, however, discrimination may increase if they are widows.

The attitudes, behaviours, jobs, and responsibilities imposed by society on men and
women can vary from person to person, from culture to culture. How should men and women
behave or not behave? What jobs can they do or not do? What roles should they fill or not fill?
These are all questions of gender.

3.3 Gender Discrimination

Discrimination on the basis of gender includes any distinction, exclusion, or restriction


based on sex that is intended to prevent the recognition and exercise of rights or freedoms.
Women are especially vulnerable to gender discrimination in times of conflict. They may not
receive adequate food supplies in refugee camps; may be forced to provide sexual favours to
police and border guards in order to gain asylum in another country; not be able to ensure
citizenship to their children in the absence of the father; be refused employment; and be denied
provision of specialised health care. The most profound form of discrimination in wartime is the
sexual violence committed against girls and women.
Lesson 3 / Gender and Peacekeeping 29

The following are examples of discrimination on the basis of gender:

• Denial of political rights to women (right to vote, right to be elected);


• Lack of uniformity of laws (dress codes, freedom of movement, property rights, divorce,
children, inheritance, etc.);
• Vulnerability to sexual crimes: rape, trafficking, abuse (prostitution, soliciting,
pornography, sex with minors, etc.);
• Separation of men and women so that both sexes can be victimised (specific actions to
kill, displace, rape or capture on the basis of sex, e.g., separation of men and women in
Srebrenica: approximately 7,000 men and boys were massacred, while scores of women
were raped and killed);
• Sex-specific mortality rates (indicate specific acts or omissions); and
• Sex-specific unemployment (laws that prevent women from employment, or employment
in certain categories).

3.4 Gender and Human Rights

One comment that is frequently uttered is that, “We are not here to change the culture.”
This is true, but the fact is that a peace operation will contribute to cultural change. Culture is
always in a state of change; it is not static. Conflict speeds up and re-directs cultural shifts, and
the international community lacks the presence to impose cultural values. That is why the focus
is on a human rights-based approach.

Peacekeepers are obliged to uphold human rights. As members of UN missions,


peacekeepers are bound by the spirit and principles of the UN Charter, the Universal Declaration
of Human Rights, and other relevant international treaties and conventions. These agreements
serve as the universally accepted standards that UN peacekeeping operations must adhere to,
promote, and defend.

Human Rights laws are founded on the principles of:

• universality (for everyone);


• indivisibility (rights cannot be selected; all apply); and
• equality (they are of equal value).

Peacekeepers cannot choose which Human Rights to uphold and which to ignore.
Instead, they must uphold all. International Human Rights laws are based on universally-shared
values regarding respect for the dignity of the individual. Perversion of these laws is partly a
result of war and conflict. Peacekeepers have a responsibility to respect the local culture and
develop trust with the host population. This, in turn, increases the peacekeepers’ own security.
Lesson 3 / Gender and Peacekeeping 30

3.5 The Impact of Conflict on Women

Conflict can result in


the upheaval, migration, and
displacement of native
peoples. Women tend to
constitute the majority of
refugees and Internally
Displaced Persons (IDPs).
Civilians, who are mostly
women, children, and the
elderly, are deliberately
targeted in modern conflict.
In addition, post-conflict
efforts often focus on the
male ex-combatants,
neglecting the situation of
Residents in the partially destroyed Muslim enclave of Stari Vitez, Bosnia
women during and after and Herzegovina. (UN Photo #186718C)
conflict.

Conflict destroys or disrupts government and social services, such as education and
healthcare. It can cause shortages in goods and services, inflation of prices, growth of the illegal
black market, and damage to the physical infrastructure, including roads, bridges, power, public
transportation, and communication lines. Women lose access to reproductive healthcare and
schooling for their children. They can also lose their peacetime jobs, pensions, and other
necessities of life. Due to poverty and desperation, women and children are prey to organised
crime and are open to the pressure of earning a living. Some may be forced to turn to begging
and prostitution.

Change in Women’s Roles During Conflict

During armed conflict, women also assume new roles and responsibilities within the
family and the community. Men and boys go to war, leaving some women to care for the home,
property, and remaining family. Many women play a more public and political role than they do
during times of peace. Women provide leadership and support, and they expect this to continue
in the post-conflict environment. While some women remain at home during conflicts, others go
to war as soldiers, messengers, camp followers, and “bush wives,” mostly against their will.

Women contribute to the war effort in many different ways. Some provide safe houses,
supplying food and shelter. Others distribute information or act as messengers. They also
contribute to the peace effort by mobilising for action to stop the fighting, crossing the lines of
fire, or lobbying political figures.

Women are more likely to provide a fuller picture of community problems than men
because they have remained at home throughout the conflict, taking care of the elderly and the
children who have survived. This requires strength and resourcefulness.
Lesson 3 / Gender and Peacekeeping 31

Surviving in war-torn conditions is difficult. In order to survive, women develop skills


that bring them more confidence and knowledge about life outside the domestic sphere. These
positive features often go unnoticed by the international community. Peacekeepers can
contribute to this education process by ensuring that they provide all possible support to leading
women community members.

Special Vulnerabilities

During armed conflict, women are particularly vulnerable to sexual violence. Sexual
violence is often a strategic weapon of war, not a random act. It is used to terrify, intimidate, and
destroy the enemy psychologically. Sexual violence is prevalent during armed conflict because
of the absence of law and order, the breakdown of traditional social values, and the lack of
traditional male protectors. All sexual violence is unacceptable.

Organised crime often moves into the vacuum created by the absence of law
enforcement. Human trafficking and forced prostitution has become increasingly common in
post-conflict societies. Unfortunately, women fall easy prey to traffickers due to their
vulnerability and desperation in situations of conflict.

Female-headed households are particularly affected by the absence of social services and
the increase in poverty due to loss of income and lack of employment. Because of their social
roles and the absence of male family members, women are often unable to move freely, to
approach official structures, to get financial assistance, or to claim rights to property and
inheritance.

Women and girls who were kidnapped or raped or suffered


other abuses such as amputations, can have difficulties
reintegrating into their families and communities. (©iAfrika
Photos, Eric Miller)
Lesson 3 / Gender and Peacekeeping 32

3.6 Protecting Gender Rights and Sexual Relations in PKOs

The extent to which a peacekeeper may act to uphold Gender Rights depends on the
mandate of the peacekeeping operation. Actions may range from reporting to protecting,
depending on the mandate of the mission and the Rules of Engagement (ROE). If you see an
incident of human rights abuse, consult the mandate of your peacekeeping operation.

Sexual Relationships in Peace Operations

Question: Am I allowed to have sex in a peacekeeping mission?

Answer: Always abide by the Code of Conduct and be guided in your personal action by
the knowledge that, on- or off-duty, you represent the United Nations. Take into
account the consequences of your actions towards others. The exact details of
this matter will be discussed in subsequent lessons.

LESSON SUMMARY

The most important message in this lesson is the impact of conflict on the roles and
relationships of men and women, and how the presence of peacekeepers may further impact
these roles and relationships.

It may also be useful to keep in mind that this is a human rights-based approach. It is not
a question of one view of what is “good” or “correct” but of the human rights of women and
men.
Lesson 3 / Gender and Peacekeeping 33

LESSON 3
END-OF-LESSON QUIZ

1. Gender is:
a. Biologically determined;
b. Universal;
c. Culture-specific;
d. Unchanging.

2. Which of the following statements about gender roles is most correct?


a. Gender roles can be different for every society;
b. Gender roles are the same for every society;
c. Every society expects women to be submissive;
d. Every society expects women to be tough and warlike.

3. Which of the following is NOT considered discrimination on the basis of gender?


а. Denial of political rights to women;
b. Equal-opportunity employment laws;
c. Sexual crimes;
d. Restrictions on the freedom of movement.

4. Human rights are:


a. Imposed by the international community;
b. Applicable only in certain situations;
c. Only represented by the Universal Declaration of Human Rights;
d. Based on gender.

5. The majority of refugees tend to be:


a. Women;
b. Men;
c. Young children;
d. The elderly.
Lesson 3 / Gender and Peacekeeping 34

6. During armed conflict, women contribute to the war effort by:


a. Supplying food and shelter;
b. Lobbying for peace;
c. Serving in the military;
d. All of the above.

7. Sexual violence towards girls and women during armed conflict is:
a. Not a typical consequence of war;
b. Generally not considered a weapon of war;
c. Prevalent due to the absence of law enforcement;
d. Acceptable under certain circumstances.

8. When taking actions to uphold gender rights, peacekeepers should take into account:
a. The mandate of the mission;
b. The Rules of Engagement (ROE);
c. The national laws;
d. Both a. and b.

9. A person’s sex is NOT:


a. Determined by birth;
b. Universal;
c. Changing;
d. Biologically determined.

10. In deciding whether or not to engage in sexual activities during a mission, peacekeepers
should:
a. Abide by the Code of Conduct;
b. Consider the fact that they represent the United Nations;
c. Make the decision based on their own discretion;
d. Both a. and b.

ANSWER KEY:
1c, 2a, 3b, 4a, 5a, 6d, 7c, 8d, 9c, 10d
LESSON 4

SEXUAL EXPLOITATION AND ABUSE (SEA) AND


HUMAN TRAFFICKING IN
A PEACEKEEPING CONTEXT

4.1 Sexual Exploitation and Abuse (SEA)


4.2 Human Trafficking
4.3 The Impact of SEA on Peacekeeping Missions
4.4 UN Standards
4.5 DPKO Response to Sexual Exploitation and Abuse
4.6 Responsibilities of Peacekeepers
Lesson 4 / Sexual Exploitation and Abuse and Human Trafficking in a Peacekeeping Context 36

LESSON OBJECTIVES

After completing this lesson the student should be able to:

• Understand the meaning of sexual exploitation and abuse;


• Understand the meaning of human trafficking;
• List examples of such prohibited behaviour;
• Understand the negative consequences of becoming involved in such activities from the
individual perspective and the mission perspective;
• Explain the UN policy and standards of conduct on the subject;
• Understand the responsibility of peacekeepers to uphold those standards; and
• Describe the disciplinary measures that will be taken against individuals found
responsible for violations of those standards.

INTRODUCTION

Conflict and post-conflict environments where State institutions have collapsed or


become dysfunctional, including those that uphold the rule of law, are breeding grounds for
criminal activity and the exploitation of vulnerable populations. This includes sexual
exploitation and abuse of vulnerable women and children and, sometimes, their forced
movement to areas where a demand for their services may exist. Peacekeeping operations that
are deployed in such environments must be aware of the potential for such abuse and
exploitation, and they must take every precaution to act in an exemplary manner. Peacekeeping
personnel must not contribute in any way to such activity and become part of the problem.

It is essential that all personnel serving in a UN peacekeeping operation, whether


military, civilian police or civilian staff, have an understanding of the UN standards of conduct
with regard to sexual exploitation and sexual abuse, as well as the relationship of human
trafficking to sexual exploitation. They should be aware of the clear UN policy against any
involvement, direct or indirect, in such acts and the disciplinary measures that will be taken
against any individual found responsible for such conduct.

Experience has demonstrated that the compounded negative effects of such conduct by
any peacekeeping personnel are extremely serious:
• Such conduct exploits and further victimises an already brutalised population;
• It has a serious negative impact on the image and credibility of the mission as a whole;
• It may affect the security of the individual, the contingent, or even the mission;
• It undermines the implementation of the mission’s mandate; and
• It carries with it grave health risks.

If peacekeepers are to play a part in protecting the most vulnerable of populations, it is


essential that they gain an understanding of sexual exploitation and sexual abuse, human
trafficking, and the consequences involved in being responsible for such acts.
Lesson 4 / Sexual Exploitation and Abuse and Human Trafficking in a Peacekeeping Context 37

4.1 Sexual Exploitation and Abuse (SEA)

The Secretary-General has stated that sexual exploitation and sexual abuse “violate
everything the United Nations stands for. Men, women and children displaced by conflict …
look to the United Nations and its humanitarian partners for shelter and protection. Anyone
employed by or affiliated with the United Nations who breaks that sacred trust must be held
accountable and prosecuted to the full extent of the law.”

Sexual exploitation and abuse are prohibited acts and may amount to criminal acts. The
UN has a very clear policy of standards of conduct on sexual exploitation and abuse. The UN
definition, as stated in the Secretary-General’s bulletin on the subject, is as follows:

Sexual exploitation is 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.

Sexual abuse is the actual or threatened physical intrusion of a sexual nature,


whether by force or under unequal or coercive conditions.

For the full text, please refer to Appendix C, the Secretary-General’s Bulletin on “Special
measures for protection from sexual exploitation and sexual abuse” (ST/SGB/2003/13).
Although directly applicable only to UN civilian staff, the Organisation considers this to be a
common standard that all UN personnel are expected to uphold.

Examples of sexual exploitation include: providing assistance or aid of any kind,


including food, clothing, lodging, in exchange for sexual favours; or encouraging prostitution,
especially that of minors (under the age of 18). Examples of sexual abuse include: forcing a
sexual act or threatening to force a sexual act on any person, including rape and even the threat
of rape.

Vulnerability to Sexual Exploitation and Abuse

In post-conflict environments, why are certain groups, especially women and children,
particularly vulnerable to sexual exploitation and even sexual abuse?

• Typically, the normal economy has collapsed and the local population lives under poor
economic circumstances. Women in particular may have low education, few skills, and
slim prospects for employment. Prostitution is often prevalent because of the economic
climate.
• Women become the heads of their households when the men are away at war. They need
to survive financially and are often supporting extended families. However, in traditional
views of society, women are not expected to be breadwinners since they are assumed to
lack the skills and education necessary to be accepted in the workforce.
• In this environment, exchanging sex for money or food can often be a way of survival for
many individuals and the families who depend on them.
Lesson 4 / Sexual Exploitation and Abuse and Human Trafficking in a Peacekeeping Context 38

• Legal protections may also be non-existent or weak since the legal infrastructure may be
non-existent or in disrepair. Women may be unaware of their rights and feel powerless to
complain if their rights are abused. There is also a feeling that international personnel are
immune or above the law.

UN peacekeepers, along with the personnel of other international humanitarian aid


organisations, are viewed by the local community as a source of revenue, employment, and
survival. Consequently, these peacekeepers enjoy a position of greater power over local
populations that are vulnerable to all kinds of exploitation, including sexual exploitation.

Former Secretary-General Kofi Annan meets with victims of sexual violence.


(UNMIS Photo, Evan Schneider, May 2005)

4.2 Human Trafficking

Trafficking of human beings sometimes occurs for the purposes of sexual exploitation.
Vulnerable young women and children can be sold into sexual slavery or be forced to become
prostitutes, sometimes in countries or places far from their homes and families. The Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, a
supplement to the United Nations Convention against Transnational Organised Crime, defines
trafficking as follows:

Trafficking in women or children: is the recruitment, transportation, transfer,


harbouring or receipt of women or children, by threat or use of force or other
forms of coercion, abduction, fraud, deception, abuse of power or vulnerability or
the giving or receiving of payments or benefits for the purposes of exploitation.
Lesson 4 / Sexual Exploitation and Abuse and Human Trafficking in a Peacekeeping Context 39

Key points on human trafficking include the following:

• Trafficking is a human rights abuse against which an international convention has been
adopted (the UN’s Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others, which was initially enforced in 1951);
• Trafficking can occur either within a country or across a border; and
• The key aspect of the definition is “for the purposes of exploitation,” including sexual
exploitation.

Trafficking exploits human beings for revenue by using them in the sex trade, as cheap
labour, and sometimes as sources for internal organs. Trafficking in human beings often occurs
along with other illegal activities by organised crime groups, including drug trafficking and
illegal arms trafficking.

4.3 The Impact of SEA on Peacekeeping Missions

Traffickers are likely to target peacekeeping missions when the demand arises. Any
influx of a substantial number of peacekeeping personnel is seen as a potential source of revenue.
Peacekeeping personnel must never create a demand for sexual services; this may result in the
exploitation of human trafficking victims and other vulnerable people. For example, the use of
prostitutes by UN personnel is an exploitative activity.

Acts of sexual exploitation are particularly shameful examples of misconduct. Taking


advantage of a vulnerable person demeans the UN and all it stands for. Even allegations of such
acts have many negative consequences for the mission. In the past, allegations of sexual
misconduct have been a major embarrassment to both the UN and peacekeeping and has caused
serious political damage to the peacekeeping operation concerned. Even if only a few
peacekeepers are implicated in such misconduct, the political and moral stigma attached to this
behaviour has tainted the image of the mission as a whole.

Given the high-profile media attention any allegation of sexual misconduct by UN


peacekeepers attracts, there is a crisis of perception that sees peacekeepers branded more as part
of the problem than the solution. There is also criticism that the issue is not taken seriously
enough by peacekeepers. This perception has been compounded by the “boys will be boys”
attitudes of the past. This behaviour must change. Acts of misconduct on the part of
peacekeepers can have the following effects on a mission:

• Mandate implementation: Such acts seriously damage the credibility, integrity and
reputation of the mission, which in turn impedes the implementation of the mission’s
mandate. If the mandate includes building respect for human rights and support for the
rule of law, such acts directly contravene that mandate.

• Security: If the credibility of a mission is damaged by such acts, this can have very
serious security consequences for mission personnel. Personnel involved may be open to
blackmail or even violent retaliation from community and family members. The
retaliation may even be against the entire contingent or the mission.
Lesson 4 / Sexual Exploitation and Abuse and Human Trafficking in a Peacekeeping Context 40

• Health factors: With the high incidence of HIV/AIDS and other STIs, such acts expose
all involved to the high risk of contracting and passing on diseases within the host
country and back in home communities.

• Impact on victims: Most importantly, sexual exploitation and abuse have a negative
physical and psychological impact on the victims, who have already been traumatised by
conflict. In some cases, victims also face the additional problem of being stigmatised by
their families and communities and have no means of getting medical or other assistance.
The UN has a moral and sometimes legal obligation to assist victims of such acts
committed by UN personnel.

4.4 UN Standards

The following UN standards on the prohibition of sexual exploitation and abuse are
excerpts from the Secretary-General’s bulletin, which is in its entirety in Appendix C.

• Sexual activity with children (persons under the age of 18) is prohibited regardless of the
age of majority or age of consent locally. Mistaken belief in the age of a child is not a
defence. The UN considers a person under 18 years of age as a child.

• Exchange of money, employment, goods or services for sex, including sexual favours or
other forms of humiliating, degrading or exploitative behaviour, is prohibited. This
includes any exchange of assistance that is due to beneficiaries of aid programmes.

• Involvement in prostitution is prohibited, as well as other situations where assistance of


any kind is given in exchange for sexual favours.

• Sexual relationships between UN staff and beneficiaries of assistance, since they are
based on inherently unequal power dynamics, undermine the credibility and integrity of
the work of the United Nations and are strongly discouraged.

Even in the case where there is no criminal or prohibited act taking place, the UN
strongly discourages sexual relationships between its personnel and any beneficiaries of
assistance because of the unequal power relationship that usually exists. Once again, it may
undermine the credibility and even the impartiality of the UN and its mandate in that country.

Having a sexual relationship with locals may be perceived as culturally taboo,


inappropriate, or perceived as “foreigners” imposing their values or undermining the values of
the community and the reputation of the person. This may lead to feelings of resentment by local
men and women because they view themselves as not having the power, prestige and, most
commonly, the wealth of the foreigner. It may also lead to perceptions of people having
influence, bias or favouritism over others, bringing into question the impartiality of the UN.

All personnel in a UN peace operation are expected to uphold these standards.


Lesson 4 / Sexual Exploitation and Abuse and Human Trafficking in a Peacekeeping Context 41

4.5 DPKO Response to Sexual Exploitation and Abuse

Sexual exploitation and sexual abuse, including human trafficking, are forms of serious
misconduct, as defined by the ‘DPKO Directives on Disciplinary Issues’ (for more information,
please refer to Lesson 8). Serious misconduct is defined as “any act, omission or negligence,
including criminal acts that are a violation of mission standard operating procedures, directives,
or any other applicable rules, regulations or administrative instructions that results in or is likely
to result in serious damage or injury to an individual or to the mission.”

Special Representative of the Secretary-General William Swing addressing the


MONUC staff on issues of sexual exploitation and abuse. (MONUC Photo, Kevin
Jordan, 17 December 2004)

DPKO has taken several steps to prevent and address the issue of sexual exploitation and
abuse. It is raising awareness of the problem within the mission area and putting in place an
improved system for notifying complaints and investigating allegations.

Peacekeepers must receive training in sexual exploitation, abuse, and trafficking as part
of pre-deployment or induction training in the mission area. In addition, the mission works with
other UN entities in the mission area to raise awareness among the local population of the UN
common standards of conduct, as well as what behaviour they should expect from UN personnel.
The mission also informs them of the complaints mechanisms in place and what they can expect
if they make a complaint, working with local communities to monitor the conduct of its
peacekeepers.
Lesson 4 / Sexual Exploitation and Abuse and Human Trafficking in a Peacekeeping Context 42

4.6 Responsibilities of Peacekeepers

The responsibilities of peacekeepers while in the field are many.

• Do not become involved in any acts of sexual exploitation or abuse. The UN expects the
highest standards of integrity and professionalism from its peacekeepers.

• Report rumours and allegations. Take each rumour, complaint or allegation seriously,
and report it immediately. Rumours, if left unchecked, may damage the individual(s)
concerned and the mission.

• Cooperate fully with any investigations or Board of Inquiry into allegations of serious
misconduct.

LESSON SUMMARY

The three major points addressed in this lesson include:

• What constitutes sexual exploitation and abuse;


• Why it is prohibited and the negative impacts of such acts; and
• The consequences of such misconduct

Also, keep in mind that:

• Each individual in a peacekeeping mission has a duty to uphold the reputation and
integrity of the UN; and
• Paying for sex is prohibited under the Secretary-General’s bulletin.
Lesson 4 / Sexual Exploitation and Abuse and Human Trafficking in a Peacekeeping Context 43

LESSON 4
END-OF-LESSON QUIZ

1. Sexual exploitation is:


a. Limited to profiting monetarily, socially, or politically from the sexual exploitation
of another;
b. Not considered to be the abuse of power for sexual purposes;
c. The abuse of a position of vulnerability for sexual purposes;
d. Widespread and, therefore, not considered a criminal act.

2. The threat of physical intrusion of a sexual nature is not considered sexual abuse.
a. True
b. False

3. Women are especially vulnerable to sexual exploitation and abuse because of all of the
following EXCEPT:
a. They may be seen by the local community as a source of revenue;
b. They may be unaware of their rights;
c. They may have particularly low prospects for employment and education;
d. Exchanging sex for money can be a way of survival.

4. Trafficking:
a. Is not considered a human rights abuse;
b. Can only occur across borders;
c. Is recruitment for the purposes of exploitation;
d. Is rarely linked to organised crime.

5. Allegations of sexual misconduct:


a. Are dismissed if there is an overwhelming lack of evidence;
b. Have proven to be an embarrassment to missions;
c. Have no effect on the local population’s attitude towards peacekeepers;
d. Only compromise the individual peacekeeper, not the mission.
Lesson 4 / Sexual Exploitation and Abuse and Human Trafficking in a Peacekeeping Context 44

6. Which of the following is considered an impact of SEA on missions?


a. The need for humanitarian involvement;
b. Health risks such as HIV/AIDS;
c. Damage to the credibility and reputation of the mission;
d. Both b. and c.

7. UN standards on SEA prohibit peacekeepers from which of the following?


a. Involvement in prostitution;
b. Engaging in sexual activity with children;
c. The exchange of employment for sex;
d. All of the above.

8. The personnel serving in a UN peacekeeping operation that are required to have an


understanding of the UN standards of conduct with regard to SEA include:
a. Military;
b. Civilian police;
c. Civilian staff;
d. All of the above.

9. Peacekeepers are required to:


a. Receive training in SEA as part of their pre-deployment training;
b. Educate themselves about SEA before deployment;
c. Be aware of the impact of SEA but do not need formal education on the subject;
d. None of the above.

10. An example of a responsibility of peacekeepers while in the field is:


a. Ignore rumours and allegations;
b. Do not become involved in any acts of sexual exploitation or abuse;
c. Resist any investigations that lack sound evidence;
d. Maintain distance from locals to prevent forging relationships.

ANSWER KEY:
1c, 2b, 3a, 4c, 5b, 6d, 7d, 8d, 9a, 10b
LESSON 5

CHILD PROTECTION

5.1 Understanding Child Protection


5.2 The Rights of the Child
5.3 CRC Guiding Principles
5.4 The Consequences of Conflict on Children
5.5 The Impact of Conflict on Children
5.6 The UN and Child Protection in Peace Operations
5.7 What Can Peacekeepers Do?
Lesson 5 / Child Protection 46

LESSON OBJECTIVES

After completing this lesson the student should be able to:

• Understand the role of peacekeepers in protecting children in situations of armed conflict;


• Understand the rights of children;
• Understand the impact violent conflict has on children; and
• Explain what peacekeepers can do to uphold the rights of children in situations of armed
conflict.

INTRODUCTION

In recent years the Secretary-General and the Security Council have actively undertaken
the task of placing the issue of child rights in situations of armed conflict squarely on the UN
peace and security agenda. The Security Council has expressed its resolve to give special
attention to child rights and protection and has adopted four resolutions devoted to child
protection in times of armed conflict. The following resolutions provide a comprehensive
framework for addressing the protection of children affected by armed conflict: Resolution 1261
of 25 August 1999; Resolution 1314 of 11 August 2000; Resolution 1379 of 20 November 2001;
and Resolution 1460 of 30 January 2003. In addition, these resolutions call upon parties to
armed conflicts to include child protection provisions in peace agreements and to address child
rights concerns throughout the consolidation of peace in the aftermath of conflict.

Pursuant to the Council’s recommendation, the Secretary-General has submitted annual


reports to the Council on Children and Armed Conflict since 2000 and has referred to child
protection concerns in scores of recent other reports to the Council.

In recognition of the critical role peace operations play in providing protection to


children, the Security Council has explicitly incorporated the protection of children into all UN
multidimensional peacekeeping operations. In the wake of the call for an immediate halt in the
use of child soldiers, the Council adopted Resolution 1539 (2004), which deals with child
protection in missions. The Council also has endorsed the deployment of Child Protection
Advisers in missions. See Appendix D for the full text of Resolution 1539. For other resolutions
and related documents, visit the web at http://www.un.org/special-rep/children-armed-
conflict/index.html.

Many peace operations without such explicit provisions also address child protection
concerns in the execution of their mandate, often in collaboration with the United Nations
Country Team (UNCT).
Lesson 5 / Child Protection 47

5.1 Understanding Child Protection

The United Nations Convention on the Rights of the Child (UN CRC) defines a child as a
person under the age of 18 years. Regardless of what local laws apply to children in the country
of the mission, the UN CRC definition guides the behaviour of mission personnel. By respecting
the UN CRC definition in their own behaviour, mission personnel can contribute to the
protection of children and improve their development opportunities.

Children are vulnerable at all times, but particularly in situations of armed conflict. Both
boys and girls are affected by conflict, but girls are particularly vulnerable to sexual exploitation,
family and community violence, and discrimination made worse by conflict. Boys are
vulnerable to forced recruitment by armed groups or forces. Conflict increasingly affects women
and children. In many conflict-affected areas, children comprise as much as half or more of the
population, making them the majority, not a minority. Gender must be a cross-cutting concern,
as special attention needs to be given to the vulnerability of girls in all considerations.

Children need special protection in view of their young age, small stature and lack of
maturity. They are also learning about life, and there are many things they do not understand, as
well as many dangers they do not suspect. This is why they need the protection of adults.

War violates every right of a child: the right to life, food, shelter, security, education,
sexual integrity, non-discrimination, health, and many others. Armed conflict takes away a
child’s right to grow up and develop in peace and security so that he or she can achieve their full
potential.

5.2 The Rights of the Child

In peacekeeping missions there are personnel from many different backgrounds and
cultures. The concept of childhood is understood differently in different contexts, but in the UN
context, peacekeepers are obliged to uphold the internationally accepted and agreed upon
common standards for child rights, which are stated in the following documents and can be
found on the web at http://www.un.org/special-rep/children-armed-conflict/index.html:

• The Geneva Conventions and Additional Protocols;


• The Convention on the Rights of the Child (CRC) and the Optional Protocol on the
Involvement of Children in Armed Conflict;
• The 1951 Convention relating to the Status of Refugees;
• The Convention on the Elimination of all forms of discrimination against Women; and
• The Rome Statute of the International Criminal Court.

A child has the following rights:


• To life
• To be with a family and community
• To health
• To development of a personality
• To be nurtured and protected
Lesson 5 / Child Protection 48

5.3 CRC Guiding Principles

The Convention on the Rights of the Child (CRC) has three key principles that should
guide all of the actions of adults towards children:

• Non-discrimination (Article 2): No discrimination on the basis of race, gender, colour,


religion, ethnicity, etc.

• Best interest of the child (Article 3): Acting in the best interest of the child means doing
what is best for the child and not what is best for you. For example, if you have a child
who needs to go to school, and there is an excellent school across town, you will make
the effort to send that child to that school, although it would be more convenient for you
to send the child to a school that is located near your home.

• Participation (Article 12): States Parties shall assure to the child who is capable of
forming his or her own views the right to express those views freely in all matters
affecting the child, the views of the child given due weight in accordance with the age
and maturity of the child. For this purpose, the child shall in particular be provided the
opportunity to be heard in any judicial and administrative proceedings affecting the child,
either directly or through a representative or an appropriate body, in a manner consistent
with the procedural rules of national law.

5.4 The Consequences of Conflict on Children

The following is a list of important facts and


figures provided by UNICEF’s State of the World’s
Children 2000:

• Between 1990 and 2000, about two million


children have been killed and four to five
million have been disabled as a result of wars
and armed conflict.
• War and armed conflict have left one million
children orphaned and about 12 million
homeless.
• About 300,000 children under 18 are currently
taking part in hostilities around the world.
• As of 2000, there are 23 million refugees A young refugee girl with a food ration
worldwide, 50% of which are children. stands at a table at the temporary facility in
• Women and girls constitute a massive 80% of Karlovac, Croatia. (UN Photo #159244C)
civilian victims of conflict.
• About 800 children are killed or maimed by landmines every month.
• The number of child refugees increases by about 5,000 per day.
• Most child soldiers are between the ages of 15 and 18, but there are children as young as
8 or 9 who have been recruited by armed groups. They include both boys and girls.
Lesson 5 / Child Protection 49

Basic needs. War violates every right of a child. A conflict situation often results in a
situation where some children’s basic needs, such as food, water, healthcare, and shelter, are
severely affected. Armed conflict also usually causes basic social services like education and
clinics to cease functioning.

Refugees. Many children become refugees or internally displaced when they flee from
the fighting and violence, and some get separated from their parents.

Sexual abuse. Due to general lawlessness, the breakdown of social taboos, and the lack
of peacetime cultural and social protection measures, sexual abuse of children increases
considerably during war. Children most at risk include those close to the fighting, such as child
soldiers, camp followers, and girls who are forced to clean and cook for soldiers.

Child soldiers. Boys and girls are often


forced to become soldiers, or they join one of the
fighting factions because it is their only means of
survival. As child soldiers they are often exposed
to drugs and participate in or witness severe
human rights abuses and violence that will affect
them for the rest of their lives. Girls are often
forced to become camp followers and are treated
as “sex slaves” or “bush wives” that have to cook,
clean, and sexually serve their masters, on whom
they are dependent for their survival.

Mines and violence. An unusually large


number of children become victims of mines Khmer Rouge child soldiers at the perimeter of
the French UNTAC camp. (UN Photo #159496,
because they are more often exposed to mined by J. Bleibtreu)
areas since they play in close proximity to these
danger zones. Children also often witness violence, such as the killing of their parents and the
rape of female adults or older girls. Often, they become victims of violence themselves.

5.5 The Impact of Conflict on Children

Children who have witnessed violence perpetrated against close relatives, children who
have been victims of violence, and children who have been perpetrators of violence (and often all
three) are typically traumatised and find it very difficult to re-adjust to normal life.

Lack of food and healthcare, especially among younger children, hamper physical and
mental development and can cause health problems suffered later in life. In addition, children
whose parents are killed during the war, or who get separated from their parents during the
conflict end up having to fend for themselves as street children, or may be treated as
unaccompanied children in a refugee context or as orphans by state institutions. Countries
recovering from war typically do not have developed social welfare systems, and the children in
these categories not covered by international humanitarian efforts are most often left to fend for
themselves.
Lesson 5 / Child Protection 50

Child Soldiers

A child soldier is any person who is under 18 and who is part of a regular force or armed
group in any capacity, other than purely as family members. It does not only refer to those
carrying arms but includes cooks, porters, messengers, and those accompanying such groups,
including girls recruited as concubines or forced into “marriage.”

The recruitment and use of child soldiers is governed by the 1977 Additional Protocols to
the Geneva Conventions; the 1989 United Nations Convention on the Rights of the Child (CRC)
and its newly adopted optional protocol; the ILO Convention 182 of 1999; and in Africa, by the
1991 OAU African Charter on the Rights and Welfare of the Child. The International Criminal
Court (ICC) also refers specifically to child soldiers. For more details, visit
http://www.un.org/special-rep/children-armed-conflict/index.html.

5.6 The UN and Child Protection in Peace Operations

Prevention. Work will be


undertaken by special human rights
units to make the local authorities
and armed factions aware of the
rights of children and to establish
monitoring and support structures
in order to prevent the abuse of the
right of children, or to mitigate it
where it has already occurred (e.g.,
in the case of child soldiers).

Humanitarian assistance.
Some agencies and NGOs will
focus humanitarian programmes
specifically on the needs of In Cambodia in December 1992, the Human Rights Office held a
children to assist them with basic fair to encourage and publicise the growth of organisations that
promote human rights. (UN Photo #186430C)
necessities, education, and other
developmental needs.

Collection of data and research. Research will be undertaken to map the extent and type
of problems so that prevention, humanitarian assistance, protection and advocacy, and education
programmes can be designed according to the actual needs of the situation. This kind of research
will also enable the programmes to be designed in ways that will be most effective according to
local customs and cultures.

Advocacy and education. Work will be undertaken to advocate child protection issues
and to educate local authorities, fighting factions, politicians, peacekeepers, and others. This will
typically extend to the peace-building phase since new lawmakers will be encouraged to adopt or
strengthen laws promoting the rights of children.
Lesson 5 / Child Protection 51

Building institutions. Work will be undertaken to build new institutions, as well as


rehabilitate and support existing institutions, that will provide care and protection for children.

Personal contributions. Peacekeepers often feel the need to make positive personal
contributions to the welfare of children. There are many examples of good work carried out by
peacekeepers on behalf of groups of children or individual children. However, efforts to help the
situation of children need to be coordinated through the appropriate mission structures, UN or
non-governmental humanitarian agencies. Peacekeepers should not assist individual children,
projects, or programmes without first consulting specialist colleagues and/or people associated
with credible child-focussed organisations such as UNICEF, Save the Children, ICRC and
others.

5.7 What Can Peacekeepers Do?

The extent to which a peacekeeper may act to uphold Child Rights depends on the
mandate of the peace operation. Actions may range from reporting to protecting, depending on
the mandate of the mission and the Rules of Engagement (ROE).

Reporting. There will always be a need to report, even while acting to protect human
rights. Obtain as much information as possible of the alleged human rights abuse (make notes,
take photos), and report it as soon as possible to the superior HQ. Report on: What, Where,
When, Who, How?

Protecting. If the mandate of the mission allows for acting to protect a person’s rights
(e.g., the right to life), this will be made very clear in the instructions and Rules of Engagement
(ROEs). There will be no specific ROEs for the protection of Child or Human Rights; the ROEs
will apply to all situations that may require the use of force. ROEs are mission-specific, as they
depend on the mandate and other specific factors.

Peacekeepers are expected to protect children within the limits of the mission mandate
and to respect their rights both in their duties and in their personal behaviour.

In the working situation in the field, peacekeepers should:


• Report violations when found, and, if specific mandate allows intervention, follow ROEs;
• Uphold and promote child protection by example; and
• Provide indirect assistance through security and other support for humanitarian
assistance. For example, they can help with the logistics for the distribution of
humanitarian relief or with the demobilisation of child soldiers.

In their individual behaviour, peacekeepers should keep the following in mind:


• Children are defined by international standards and UN DPKO disciplinary procedures as
anyone under the age of 18;
• Codes of conduct do exist, and clear disciplinary standards and procedures are in place
and will be enforced;
Lesson 5 / Child Protection 52

• Serious breaches of the Code of Conduct may not only result in repatriation but also in
prosecution under national or international law;
• The credibility of an entire mission can be undermined by the behaviour of individuals;
and
• Recent scandals involving UN peacekeepers have rocked the international community.
Documented reports of the exploitation and abuse of children and women in Somalia,
Kosovo, Sierra Leone and Mozambique by peacekeepers have severely damaged the
credibility of the UN.

LESSON SUMMARY

This lesson discussed:

• the rights of children;


• the impact violent conflict has on children; and
• what the peacekeeper can do to uphold the rights of children in situations of armed
conflict.

For any further information or background, the most recent resolutions, or for further research,
please visit the website of the Office of the Special Representative of the Secretary-General for
Children and Armed Conflict, at http://www.un.org/special-rep/children-armed-
conflict/index.html.
Lesson 5 / Child Protection 53

LESSON 5
END-OF-LESSON QUIZ

1. According to the UN Convention on the Rights of the Child, what is the official definition of
a child?
a. A person under the age of 16;
b. A person under the age of 18;
c. A person under the age of 21;
d. A person who is not married.

2. The rights of a child include the right:


a. To wealth;
b. To material goods;
c. To health;
d. None of the above.

3. Which one of the following is NOT a guiding principle of the CRC?


a. People should act in the best interest of the child;
b. People should not discriminate against children;
c. Children should be heard in any judicial proceedings affecting the child;
d. The child should participate in armed conflicts when they occur.

4. According to UNICEF, which of the following is true?


a. 80% of refugees are children;
b. Adults are more likely than children to be victims of landmines;
c. In the past 10 years, about 2 million children have been killed as a result of armed
conflict;
d. Over the past few years, children have been able to protect themselves.

5. A conflict situation affects the following basic needs of a child: water, healthcare, shelter,
and education.
a. True
b. False
Lesson 5 / Child Protection 54

6. Children most at risk to sexual abuse include:


a. Camp followers;
b. Child soldiers;
c. Girls forced to cook for soldiers;
d. All of the above.

7. The term “child soldier” refers not only to children carrying arms but also to:
a. Messengers;
b. Cooks;
c. Girls recruited as concubines;
d. All of the above.

8. Which of the following documents or organisations does NOT govern child soldiers?
a. 1977 Additional Protocols to the Geneva Convention;
b. 1989 UN Convention on the Rights of the Child;
c. International Monetary Fund;
d. International Criminal Court.

9. Humanitarian assistance, advocacy and education, and building institutions are all methods
used to promote awareness for:
a. Refugees;
b. Child protection;
c. Mines and violence;
d. Combating sexual abuse.

10. To uphold Child Rights, peacekeepers are encouraged to:


a. Promote child protection by example;
b. Report violations only if the situation requires mission support;
c. Assist individual children without first consulting with appropriate organisations;
d. Both a. and b.

ANSWER KEY:
1b, 2c, 3d, 4c, 5a, 6d, 7d, 8c, 9b, 10a
LESSON 6

HUMAN RIGHTS FOR PEACEKEEPERS

6.1 What are Human Rights?


6.2 The Legal Basis for Human Rights
6.3 Human Rights and Host Countries
6.4 International Humanitarian Law (IHL)
6.5 Examples of Human Rights Violations
6.6 Applying Human Rights in a Peacekeeping Environment
Lesson 6 / Human Rights for Peacekeepers 56

LESSON OBJECTIVES

After completing this lesson the student should be able to:

• Understand UN human rights concepts, principles, and norms;


• List examples and characteristics of human rights;
• Explain how the work of the peacekeeper can affect human rights in both positive and
negative ways;
• Explain the standards on the use of force and firearms;
• Understand how human rights apply in the work of a UN peacekeeping operation; and
• Explain what the peacekeeper can do with regard to human rights violations.

INTRODUCTION

There is an obvious link between human rights violations and conflict. Where violations
occur, conflict is more likely to arise. As recent history shows, post-Cold War conflicts have
often been rooted in gross violations of human rights. Therefore, addressing human rights
problems is an essential aspect of finding solutions to conflicts.

When conflict is ongoing, ensuring respect for human rights by the parties is an important
confidence-building measure and can act towards the de-escalation of hostilities. The just
resolution of disputes based on respect for human rights is also an essential element of effective
conflict-prevention.

Multi-dimensional UN peacekeeping missions usually include in their mandate human


rights aspects. Increasingly, peace settlements incorporate explicit obligations for the concerned
states to comply with international human rights norms. Thus, it is important for peacekeepers to
be able to perform their tasks effectively to have a general awareness and understanding of
human rights concepts, as well as their relevance to the mission in which they operate.
Lesson 6 / Human Rights for Peacekeepers 57

6.1 What are Human Rights?

Human rights are entitlements that every person possesses by virtue of being human.
These rights are universal and are guaranteed to all, irrespective of their race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth, or other
status. While the term “human rights” is relatively modern, the principle on which it is based is
as old as humanity: that certain rights and freedoms are fundamental to human existence.

Respect for human dignity, which is at the heart of human rights, is a value common to
the world’s cultures and religions. Initially, claims to human rights were considered to be only
moral. However, as history progressed, human rights were formally recognised and came to be
protected by international law, national constitutions, and domestic laws. That is why we say
they are legal entitlements. All peacekeepers should have a general awareness of human rights.

Why are human rights important? Human rights:


• Protect the host country’s population;
• Build confidence and de-escalate conflicts;
• Prevent future conflicts; and
• Enhance the effectiveness of peace operations.

Characteristics of Human Rights

Human rights can be characterised as follows.

• Universal: Every human being, with no distinction, is entitled to human rights.


• Internationally guaranteed: Human rights are established in international law, including
treaties and other documents.
• Legally protected: They are guaranteed by constitutions and domestic legislation.
• Protect individuals and groups: Some human rights protect individuals (e.g., freedom of
movement, right to vote, right to education), and others protect groups as such (e.g.,
rights of minorities, rights of indigenous people).
• Cannot be taken away: Nobody can deprive a person of his/her rights. Human rights can
be violated, as they often are, but this does not mean that they are taken away from the
person concerned.
• Equal and indivisible: All human rights are equally important. The realisation of one
human right is linked to the realisation of the others. For example, in order to be able to
express their genuine political opinion through a vote, citizens must be able to receive
adequate information.
• Oblige states and state actors: States and state actors have the responsibility to abide by
international human rights instruments. Violations can be punished through the
individual prosecution of the concerned persons, as well as through punishment of the
state by the international community in the form of embargos, sanctions, and other
measures. Human rights also provide protection from actions by governments that
interfere with fundamental freedom and human dignity.
Lesson 6 / Human Rights for Peacekeepers 58

6.2 The Legal Basis for Human Rights

With the creation of the United Nations in 1945, in the wake of the atrocities of the
Second World War, human rights became a matter of international concern. The international
community recognised the need to develop commonly-agreed minimum standards for the
treatment of persons by governments and agreed to take measures to safeguard human rights.

The UN Charter, an international treaty that is legally binding to all Member States,
contains important provisions on human rights. The Charter recognises international cooperation
in promoting and encouraging respect for human rights for all as one of the purposes of the
organisation (Article 1). The Charter states that the UN shall promote universal respect for and
observance of human rights and fundamental freedoms for all without distinction as to race, sex,
language, or religion (Article 55).

By joining the United Nations, Member States pledge to take action in cooperation with
the UN to achieve respect for human rights (Article 56). In the framework of the United
Nations, the international community has engaged in an extensive process of setting standards
with the objective of creating a legal framework for the effective promotion and protection of
human rights. This has led to the development of numerous treaties, declarations, guidelines,
and other instruments that detail the contents of human rights, the obligations of states, and the
mechanisms to protect them and monitor their implementation.

Treaties, conventions, and covenants are legally binding documents. This means that if a
state is party to a treaty, it has an obligation to take measures to protect and promote the rights
contained therein.

International Bill of Rights

Among the many instruments developed by the international community, the Universal
Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the
International Covenant on Economic, Social and Cultural Rights form what is known as the
“International Bill of Rights.”

The Universal Declaration of Human Rights, adopted by the United Nations General
Assembly on 10 December 1948, represents the first comprehensive agreement among nations as
to the specific rights and freedoms of all human beings (the UN Charter did not contain a
definition of human rights). See Appendix E to read the Universal Declaration of Human Rights.

The rights and freedoms of all human beings include civil and political rights, such as the
rights to life, not to be subjected to torture, to liberty, to equality before the law, to a fair trial, to
freedom of movement, to assembly, to asylum, to freedom of thought, conscience, religion,
opinion and expression, and others. They also include economic, social and cultural rights,
such as the rights to food, clothing, housing and medical care, to social security, to work, to
equal pay for equal work, to form trade unions, to education, and others.
Lesson 6 / Human Rights for Peacekeepers 59

The Declaration is not, by itself, a legally binding document (unlike the UN Charter and
other international treaties). Encompassing as it does legal, moral, and philosophical beliefs held
true by all peoples, it has a very strong moral and political authority. However, some of its
provisions (for example, the right to life, the prohibition of torture, and others) are considered to
be part of customary international law and hence are legally binding for all states.

The two International Covenants are treaties and, therefore, set legal obligations on states
parties. Most UN Member States have ratified the two Covenants, thus committing to take
action to ensure that the rights guaranteed by these treaties are effectively implemented and
enjoyed by people under their jurisdiction.

There are also regional human rights treaties that are treaties developed within a specific
region and are open for ratification only to the states belonging to that region. So far, there are
human rights treaties for Africa, Europe, and the Americas.

Other Human Rights Treaties (http://www.unhchr.ch/tbs/doc.nsf)

In addition to the International Bill of Rights, a number of human rights treaties were also
developed within the United Nations to address specific human rights issues. These include the:
• International Convention on the Elimination of All Forms of Racial Discrimination (1965);
• Convention on the Elimination of All Forms of Discrimination against Women (1979);
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (1984);
• Convention on the Rights of the Child (1989); and
• International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (1990).

6.3 Human Rights and Host Countries

The state hosting a peace operation is bound to protect and promote basic human rights
based on general international law. It is often party to one or more international human rights
treaties and has, therefore, undertaken the obligation to protect and promote the rights contained
in these treaties.

Peace agreements also increasingly incorporate obligations for the parties to comply with
international human rights treaties and standards. As an example, the Dayton Peace Agreement,
which put an end to the conflict in Bosnia and Herzegovina in 1995, sets an obligation for the
parties to secure human rights and to comply with a comprehensive list of human rights treaties,
both regional and international (Annex 6 on Human Rights, Article 1). Thus, human rights are
part of the legal framework within which peacekeepers operate.

Some Examples of Human Rights

Human rights touch upon all aspects of human existence. These examples are non-
derogable rights; that is, they must be respected in all circumstances without exception.
Lesson 6 / Human Rights for Peacekeepers 60

Right to life: No one shall be arbitrarily deprived of life. No person or entity is allowed
to take the life of an individual, even in extreme circumstances, without due process of law.

Freedom from torture and


cruel, inhuman or degrading
treatment or punishment: It is
important to explain that the
prohibition covers torture as well
as other forms of less extreme ill-
treatment. The prohibition is
absolute. Torture is illegal under
ALL circumstances, including in
conflict situations or the fight
against terrorism. Torture under
the orders of superior officers is
also illegal and does not provide
any protection from prosecution.

Right not to be held in In Savannakhet, in the Lao People’s Democratic Republic, a woman
slavery: This also covers covers her daughter’s face to protect her identity. The daughter was
trafficked when she was 16 years old and spent seven years as a
modern forms of slavery-like domestic servant for a wealthy businessman in Bangkok, where she
practices, such as human was beaten and tortured. (©UNICEF Photo, Jim Holmes)
trafficking.

Freedom of thought, conscience, and religion: No one can be coerced to change or alter
religion or denied the practice of their individual choice of religion.

Fair trial: Every individual is entitled to a fair and public hearing by competent,
independent, and impartial tribunals established by law, in the determination of any criminal
charges against him/her or of his/her rights and obligations in a suit at law.

Right to liberty: Deprivation of individual liberty is an extreme measure and can be


justified only when it is both lawful and necessary and is done in accordance with internationally
accepted standards. Arbitrary arrest and detention are prohibited.

Freedom of movement: Freedom of movement in pursuit of an individual’s needs is one


of the fundamental rights of the individual. In certain cases, this right can be limited by the state,
but only within very strict parameters. Restrictions must be clearly specified in the law, and they
must be necessary to protect national security, public order, public health or morals, or the rights
and freedoms of others. It is advisable to explain this by referring to checkpoints and
roadblocks. Military and police often create roadblocks and checkpoints that may amount to
unlawful restrictions on people’s free movement if not fulfilling the above conditions.

Right to privacy: Military and law enforcement officials need to pay particular attention
to this right in the performance of their security functions, such as during searches at checkpoints
or while gathering intelligence.
Lesson 6 / Human Rights for Peacekeepers 61

Right to adequate housing: It is the right of every human being to live somewhere in
peace, security, and dignity. It includes the protection from forced evictions, that is, the removal
of individuals, families, and communities from their homes, land, or neighbourhoods, against
their will.

Freedom of expression: This includes the right of every individual to seek, receive, and
impart information of any kind, only with the restrictions specified by the law and necessary to
protect the rights and reputation of others, or to protect national security, public order or health,
or morals.

Right to education: This includes the right of everyone without discrimination of any
kind to have access to and benefit from education that is relevant, culturally appropriate, and of
good quality. Girls, the poor, and children from marginalised communities are particularly
vulnerable to exclusion.

Right to peaceful assembly and association: Certain limitations may be administered to


protect the normal life and security of the citizens. These restrictions may be, for example, in the
form of administrative measures limiting the date, time, and the modalities of the gathering and
demonstration. However, the same conditions as above must be respected.

Limitations

Under certain specific conditions established in international human rights treaties, states
can impose some limitations on the exercise of some human rights. Limitations on rights are the
exception, not the rule.

When some rights can be limited, the permissible limitations are specified in the text of
the treaties. In general, these limitations are only those that are determined by law and are
necessary in a democratic society to ensure respect for the rights and freedoms of others, or to
protect public safety, order, health, and morals. The effects of the limitations cannot be
disproportionate to their objectives. Limitations outside these conditions are illegal.

It is important to explain that it is not up to the individual police, military, or public


official to determine when and how rights can be limited. Cases and procedures for limitations
must be written in the law of a country, and they must respect the conditions set by international
law. It should be recalled, however, that non-derogable rights could never be limited or
suspended.
Lesson 6 / Human Rights for Peacekeepers 62

Derogations

Derogations – or temporary suspension – of some human rights are only allowed in


instances of public emergency that threatens the life of the nation. The emergency must be
officially declared and made known to the population. Derogations must be strictly required by
the exigencies of the situation, and they must not cause discrimination on the basis of race,
colour, sex, language, religion, and social origin. The UN must be informed of the derogations
effected by a state. Derogations must be enforced for the shortest possible time. Any derogation
from rights that does not respect the above conditions is illegal.

Non-derogable rights may never be suspended and may continue to apply also in
situations of emergency. Some of these rights are the right to life; the freedom from torture and
cruel, inhuman, or degrading treatment or punishment; the right not to be held in slavery; and the
freedom of thought, conscience, and religion.

A public emergency might be declared in a conflict situation, and as a result, certain


rights might have temporarily been suspended.

6.4 International Humanitarian Law (IHL)

Another body of international law that is relevant to peacekeepers is International


Humanitarian Law (IHL). IHL is applicable in cases of armed conflict, both international and
internal. It includes: standards for the protection of victims of conflict and non-combatants
(including wounded, sick, shipwrecked, prisoners and civilians); the Geneva Conventions of
1949 and two Protocols of 1977; and rules regulating means and methods of combat, also known
as the Hague Law.

It can be held that International Humanitarian Law is designed to safeguard and maintain
the fundamental rights of civilians, victims, and non-combatants in the event of armed conflict.

It is important to notice that, even in times of conflict, human rights law continues to
apply. However, since an armed conflict situation would typically qualify as a “public
emergency,” it is possible and likely that some restrictions and derogations to some rights may
be introduced by states. Therefore, the highest level of protection to individuals should be
provided by international humanitarian law. International Humanitarian Law does not allow for
derogations.

UN peacekeepers must make sure that International Humanitarian Law is fully observed
if they are forced to use military force. The United Nations Secretary-General issued a Bulletin
in 1999 establishing that UN forces must apply International Humanitarian Law in the conduct of
their operations. The Rules of Engagement (ROE) of a peacekeeping force incorporate
fundamental rules of international humanitarian law. If any confrontation occurs, they must be
recorded and reported. The rights of prisoners, civilians, children, and all non-combatants need
to be preserved.
Lesson 6 / Human Rights for Peacekeepers 63

There are some general rules that are common to the four Geneva Conventions and the
two Additional Protocols. They are the following:

• Humanitarian law applies in all situations of armed conflict;


• Principles of humanity must be safeguarded in all situations;
• Non-combatants, prisoners, civilians and those who are wounded, sick, or shipwrecked
must be respected and protected;
• Persons suffering from the effects of war must be aided and cared for without discrimination;
• The following acts are prohibited in all circumstances:
− Murder;
− Torture;
− Corporal punishment;
− Mutilation;
− Outrages upon personal dignity;
− Hostage-taking;
− Collective punishment;
− Executions without regular trial; and
− Cruel and degrading treatment.
• Reprisals against the wounded, sick and shipwrecked, medical personnel and services,
prisoners of war, civilians, civilian and cultural objects, the natural environment, and
works containing dangerous forces are prohibited; and
• Protected persons must at all times have access to a protecting power (a neutral state
safeguarding their interests) or to the ICRC (International Committee of the Red Cross)
or any other impartial humanitarian organisation.

6.5 Examples of Human Rights Violations

Some of the human rights violations that are frequently encountered in a conflict and
post-conflict context and to which peacekeepers should be alerted include the following:

Summary executions: Summary executions are a grave violation of the right to life,
involving killings carried out by government agents or with their complicity or acquiescence.
This may include death through the use of excessive force by the military, police, or security
forces.

Torture: Torture is defined as severe pain or suffering, whether physical or mental,


inflicted by or at the instigation of or with the consent or acquiescence of a public official or
person acting in an official capacity, for such purposes as: obtaining from the person on whom it
is inflicted or a third person information or a confession; punishing that person for an act which
he/she or a third person has committed or is suspected to have committed; intimidating or
coercing him/her or a third person; or for any reason based on discrimination of any kind. It is
prohibited in all circumstances.
Lesson 6 / Human Rights for Peacekeepers 64

Arbitrary arrest and detention:


This involves deprivation of liberty by
a public official, such as a member of
the military or police, or any other
person acting in an official capacity or
with official instigation, consent, or
acquiescence, without a valid and legal
reason, by confining a person in a
prison or other detention facility.

Discrimination: This can be


based on race, sex, national or social
origin, political opinion, colour,
religion, language, birth, property, or
other grounds.

Violence against women: It


includes all forms of physical, sexual,
and psychological violence whether
A disabled woman working in the carpentry shop of a school in
occurring in the community, in the Myanmar. People with disabilities experience discrimination,
family (domestic violence), or a human rights violation. (UN Photo #146044C)
committed by public officials.

Genocide: Acts committed with intent to destroy, in whole or in part, a national, ethnic,
racial, or religious group, including:
• Killing members of the group;
• Causing serious bodily or mental harm to members of the group;
• Deliberately inflicting on the group conditions of life calculated to bring about their
physical destruction in whole or in part;
• Imposing measures intended to prevent births within the groups; and
• Forcibly transferring children of the group to another group.

War crimes: War crimes are grave breaches of the Geneva Conventions. They are
prohibited acts committed against persons and property protected by the Conventions, including
wilful killing, torture or inhuman treatment, illegal detention, hostage-taking, the arbitrary and
unlawful destruction and appropriation of property, and others.

Crimes against humanity: These are serious human rights violations. They include the
following acts when they are committed as part of a widespread or systematic attack against any
civilian population with knowledge of the attack. These acts are absolutely prohibited under
international law:
• Murder;
• Extermination;
• Enslavement;
• Torture;
• Deportation or the forcible transfer of the population;
Lesson 6 / Human Rights for Peacekeepers 65

• Imprisonment or other severe deprivation of physical liberty;


• Rape, sexual slavery, enforced prostitution or sterilisation, and forced pregnancy;
• Persecution against any political, racial, national, ethnic, cultural, religious or gender
group;
• Enforced disappearance; and
• Apartheid.

Deportation and forcible transfer of populations: This includes situations when the
inhabitants are forcibly evicted from their place of domicile and deported to an alien land on any
pretext. This has been frequently observed during ethnic conflicts.

Rape and sexual exploitation: Recent conflicts have seen the use of rape as a weapon or
a form of reprisal, especially in ethnic conflicts with the intent to intimidate, humiliate, and
degrade the opposing ethnic community. The International Criminal Tribunal on the Former
Yugoslavia has ruled that rape at the instigation of a public official in situations of armed conflict
is torture.

6.6 Applying Human Rights in a Peacekeeping Environment

In a peacekeeping operation, military, police, and civilian personnel from many different
countries find themselves working together to fulfil the mission’s mandate. They have different
cultural, legal, and national backgrounds. Human rights standards – developed as they were in
the context of the United Nations and with their universal character – provide a common
standard of achievement and conduct for all people serving in a peace operation.

Peacekeeping must be conducted with respect to the principles, norms, and spirit of the
international human rights conventions and other instruments relevant to the conduct of military,
police, and civilian personnel. It may be useful to refer again to the Code of Conduct for
peacekeepers.

Both UN personnel and the host government must respect human rights principles and
norms. As mentioned previously, by its Charter, the UN is bound to promote universal respect
for and observance of human rights for all without discrimination. When serving in a peace
operation, all UN personnel are equally bound to promote, protect, and respect human rights. In
addition, the host government undertakes human rights obligations. All parties have an
obligation to refrain from committing human rights violations; protecting the rights of people
under its jurisdiction; and promoting their advancement.

Who Works on Human Rights in a Peace Operation?

Multi-dimensional peace operations almost always include human rights as part of their
mandate and structure. Since human rights violations are at the origin of many modern conflicts,
addressing human rights issues is essential to finding solutions. Therefore, they are also essential
to the success of peace operations. Most current peace operations include a human rights unit or
component. Human rights components have the lead role in implementing the human rights
mandate of a mission. Their work may include:
Lesson 6 / Human Rights for Peacekeepers 66

• Monitoring and investigating human rights violations;


• Reporting on human rights violations;
• Assisting the host government in developing laws complying with international human
rights norms, creating institutions able to protect and promote human rights, as well as
train military, police, and other government officials;
• Working with local non-governmental organisations to strengthen their capacity to report,
analyse, and develop programmes for the advancement of human rights; and
• Dealing with problems related to specific groups, such as women, IDPs, and children.

Military peacekeepers can also play an important human rights role. They are usually
much more numerous in a mission area than human rights workers. For example, Sierra Leone
in 2005, there were 23 human rights officers, 250 MILOBS, and 17,500 military personnel.
MILOBS and peacekeepers are also deployed more extensively over the territory, and they are in
close contact with military and other armed forces in the host country. CIVPOL also have a
crucial role in protecting human rights, through their monitoring, assistance, or law enforcement
functions. It is important for peacekeepers to be aware of the work of human rights components,
as well as how they can assist the human rights components.

Human Rights Roles for Peacekeepers

Military peacekeepers can contribute in several ways to fulfilling the human rights
mandate of the mission.

• They have the advantage of being much more numerous than other components and of
having a wide operational presence. Therefore, they are in a position to observe and
monitor the actions of the armed forces but also the civilian population.
• They can gather important information about the human rights situation and monitor
violations or risks of violations. They must report this information to other components
of the mission so that an appropriate analysis may be made and necessary action taken.
• Their physical presence can act as an important deterrent of human rights violations.
• Large numbers and means for mobilisation give an additional advantage for the
peacekeepers in dealing with situations of abuse. Any action should be taken in
consultation with the human rights component.
• Through their conduct, they can provide to the local armed forces a positive example of
law-abiding military, respectful of the human rights of the population they are to protect.
• By taking action for or contributing to the protection of human rights and the prevention
of violations, as well as through their proper conduct, MILOBS and peacekeepers will
contribute to maintaining the credibility of the peace operation in the eyes of the host
population and of the international community. Reports of violations of human rights by
peacekeepers have seriously undermined the credibility of the UN.
Lesson 6 / Human Rights for Peacekeepers 67

UN human rights team from Bujumbura and Ngozi regional office monitoring
the situation of Batwas people in Kirundo province. Batwas people represent
roughly 1% of the population in the country. (ONUB Photo, Martine Perret,
March 2005)

If Human Rights Violations are Observed

If human rights violations are observed by peacekeepers, they should:

• At the very least, take note of the facts and prepare a report based on the procedures in
place within the mission;
• If the situation and mandate allow, decide appropriate intervention with the relevant
authorities to stop the abuse. It is important to coordinate action with the human rights
component of the mission. Human rights work is very complex, and the utmost care
must be taken to avoid that ill-devised interventions harm, rather than help, victims of
violations;
• Promptly report the information within the military structure and to the human rights
component; and
• Continue to follow the situation, such as through repeat patrolling and observation.

The case studies at the end of this lesson serve as examples of the importance of military
personnel to be alert to possible human rights violations and to transmit information to human
rights workers.
Lesson 6 / Human Rights for Peacekeepers 68

Common Tasks Performed by Military which May Affect Human Rights

In the performance of their regular peacekeeping tasks, peacekeepers must pay particular
attention not to negatively affect the rights of the host country population.

Checkpoint duties: Checkpoints are often set up to prevent the entry of hostile elements
and to enforce restrictions on the infiltration of explosives, arms, and ammunitions. However,
they may impinge on the fundamental right to the freedom of movement. It is important that the
personnel manning the checkpoint maintain a thoroughly professional behaviour to ensure that
the general public feels comfortable and does not develop hostility towards the peacekeepers.

Searches: While undertaking searches of vehicles or individuals, military personnel must


ensure that the search is conducted professionally, without harassment or in a way that is unduly
intrusive or affects the dignity of the person being searched. Respect for local culture and
traditions are essential in this situation.

Patrolling: Patrolling may be a very useful tool to show the peacekeepers’ presence and
deter human rights violations. Military patrolling must be alert and interactive with the local
population, which can be a tremendous source of information in peacekeeping missions.

Crowd control: In situations of crowd control, peacekeepers’ behaviour must be strictly


guided by international standards guaranteeing the rights to assembly, expression, security of the
person and life, and those regulating the use of force by law enforcement officials.

Use of Force

The use of force by peacekeepers is a very important subject. It is relevant to both


military and civilian police personnel of peace operations. The use of force may impinge on
fundamental rights, including the rights to life and security and the prohibition of torture and
cruel, inhuman, or degrading treatment or punishment.

International human rights standards regulate in detail the use of force and firearms.
Peacekeepers must strictly adhere to these rules when they are in situations in which they might
use force, such as arrests or crowd control.

The principles of proportionality and necessity are paramount in regulating the use of
force. Non-violent means must always be attempted as the first option to deal with the situation
at hand. Force can only be used when strictly necessary, as well as in a way that is proportional
to the objectives pursued and the threat faced. As a rule, the minimum level of force required
under the circumstances should be applied. When using force, peacekeepers must exercise
restraint and minimise damage and injury to persons and property. Immediate medical assistance
must be provided to any injured person. The ROE were written with all these aspects taken into
account. Remember to strictly abide by the Rules of Engagement.
Lesson 6 / Human Rights for Peacekeepers 69

Firearms

Firearms involve a very high level of force. Therefore, the rules regulating their use are
even stricter. The use of firearms is only allowed in extreme circumstances, when less extreme
measures are insufficient and all other means have failed. In addition, their use is only intended
for self-defence or defence of other persons against an imminent threat of death or serious injury.

The intentional lethal use of force and firearms shall be permitted only when it is strictly
unavoidable in order to protect human life.

The case study at the end of this lesson on the use of force and firearms will provide an
opportunity to trainees to apply the relevant human rights principles and norms.

Remember: The duty of MILOBS and peacekeepers is to be visibly present on the ground with
the attitude and determination to deter potential human rights violations.

LESSON SUMMARY

• The peacekeepers should be familiar with human rights concepts, principles, and norms.
• A good understanding of human rights is necessary for the peacekeepers to perform their
functions effectively, both alone and in cooperation with other mission components.
• Peacekeepers are bound to respect human rights at all times.
• Respecting human rights and contributing, through action, to the protection of the rights
of the host population are essential to maintain the credibility and legitimacy of the UN
peacekeeping operation.
Lesson 6 / Human Rights for Peacekeepers 70

Case Study 1 – “Human Rights Roles for Peacekeepers”

(From: Draft United Nations Multidimensional Peacekeeping Handbook)

UN Military Observers in a country hosting a peace operation numbered around 130.


They had mine-resistant vehicles and several helicopters. They went to every region of the
country while the two human rights officers suffered severe restrictions on their ability to travel.
The Military Observers were supposed to report on human rights in their daily situation reports
but usually noted that there was “nothing to report.” Yet, when one human rights observer asked
about schools in one area, the Military Observer responded that the parents were very angry
because the children were being forced to learn all their lessons in a language other than their
national one.

This is a key human rights issue that the Military Observers, once realising that it was a
human rights problem, did share with the human rights officer, who immediately took steps to
rectify the problem. This also led to a decrease in tension in the area that had a direct impact on
the security situation, illustrating the close link between human rights and public security.

Case Study 2 – “The Use for Force and Firearms”

(From: United Nations Office of the High Commissioner for Human Rights, Training materials
on human rights for military peacekeepers)

This exercise aims at facilitating the application of some of the human rights principles and
norms taught through the lesson to a hypothetical peace operation’s scenario. It focuses on the
use of force and firearms by peacekeepers in a situation in which they deal with local civilians.
Reference can be found in the United Nations Basic Principles on the Use of Force and Firearms
by Law Enforcement Officials, contained in United Nations, Human Rights: A Compilation of
International Human Rights Instruments (ST/HR/1/Rev.5, 1994), or available on the internet at
http://www.unhchr.ch.

Scenario

1. A man, long unemployed and desperate for money, has broken into a UN storehouse and
stolen a portable computer and a radio set. The stolen articles in one hand, and a large knife
in the other, he runs from the compound as the alarm sounds, and he threatens several
bystanders who attempt to block his escape. Breaking through the crowd, he spots two
peacekeepers approaching in response to the alarm. He turns and runs to an open field,
dropping the knife as he clutches the loot in flight. Aware that the computer contains
sensitive security files, one of the peacekeepers draws his weapon and shoots the thief in the
back, killing him instantly. As rumours of the incident circulate, an angry crowd begins to
gather at the UN compound.
Lesson 6 / Human Rights for Peacekeepers 71

2. Some 200 people start protesting angrily against the UN in front of the compound. The
crowd is made up of men, women, and children. Some 15 armed peacekeepers stand in
formation, with their backs to the high fence surrounding the compound, facing the
protesters.

3. A muscular young male protester picks up a bottle and throws it at the peacekeepers. Three
of the peacekeepers break from formation and chase the protester, catching him against the
fence. The protester resists arrest, throwing punches and kicks. Responding with blows
from their rifle butts, the peacekeepers knock the man to the ground and handcuff him. The
protester, face down and handcuffed on the pavement, squirms about, refusing to hold still.
The peacekeepers respond by continuing to kick, punch, and hit him with the butts of their
rifles. They deliver some 20 blows to the man’s head and body, continuing in rage even after
he lies motionless on the ground. The commander of the unit then orders them to carry the
man into a UN vehicle. They do so, leaving him in the parked and locked car, and then
return to formation.

4. By this point, the crowd, having witnessed the incident, has turned violent. Heavy
reinforcements arrive and completely surround the protesters. Rocks and bottles begin to fly
toward the peacekeepers, who stand with their guns aimed at the protesters. Some of the
protesters fall to the ground, clutching children and friends and screaming in a general panic.
Others rush forward toward the peacekeepers. As the violence increases, the peacekeepers
open fire, with several protesters falling as they are hit with rounds of live ammunition.

Questions

1. Referring to the international standards on the use of force and firearms, determine what
went wrong with regard to:
a. The use of firearms on the thief in the first paragraph;
b. The deployment, formation, and equipment of the original 15 peacekeepers in the
second paragraph;
c. The use of force on the male protester in the third paragraph;
d. The deployment and formation of the reinforcements in the fourth paragraph.

2. What should be done in the immediate post-incident period to see that all involved persons
are granted fair redress for any violations of their rights; to ensure that long-term damage to
the mission is minimised; to improve procedures for enhanced security and respect for
human rights; and to restore the confidence of the local community?
Lesson 6 / Human Rights for Peacekeepers 72

Guidance for Review of Answers

Question 1:

a. The use of force by the peacekeepers was not necessary; the peacekeepers failed to apply
non-violent means before resorting to the use of force and firearms; the force applied by
the peacekeepers was not proportional to the seriousness of the threat; the peacekeepers
failed to exercise restraint in the use of force and to minimise injury; the use of firearms
was not justified, as the thief posed no imminent threat to the life of the peacekeepers or
other persons; no warning was given by the peacekeepers before firearms were used.

b. The 15 peacekeepers were equipped and positioned so as to increase, rather than reduce,
the risk of escalation of violence, and of resort to force.

Their deployment, with their back to the fence, provided no possibility of escape or
protection for the peacekeepers, and it was provocative for the crowd. Their equipment
was inadequate to allow for differentiated means in the application of force, as well as
proportionality to the threat.

International standards call for a graduated response, which takes appropriate training and
equipment. Deployment behind the fence, for example, would have resulted in increased
security for the peacekeepers, and thus a lesser risk of having to resort to force to deal
with the situation in the scenario.

Other required course of action by the peacekeepers included calling for intervention by
the local authorities, which remain responsible for the maintenance of law and order
(except in the less frequent case of UN missions with executive authority). This should
be done in close coordination with CIVPOL. In general, this would be the preferred
course of action, as military peacekeepers are less likely to be both equipped and trained
to deal with situations such as that described in the scenario.

c. The use of force was disproportionate to the threat represented by the protester. Once the
man was handcuffed, the use of further force was unnecessary and unlawful, as it did not
respond to the need to achieve a legitimate law enforcement purpose. In addition, the
injured prisoner should have been given medical assistance, not abandoned in the vehicle.

From a practical perspective, one can question the judgment of chasing the man in the
first place, considering that his action did not represent a significant threat to the safety of
the peacekeepers. The considerations made under (b) on the need to adopt tactics to
diffuse, rather than escalate, violence, apply here as well.

d. The deployment of the soldiers did not allow the crowd to move or disperse. Violent
confrontation became inevitable. The deployment and formation of the peacekeepers
resulted in provocation to the crowd and escalation of violence. The use of force by the
peacekeepers, including the use of firearms with live ammunitions, was not proportional.
Lesson 6 / Human Rights for Peacekeepers 73

Question 2:

The following actions would be appropriate:

• Preparation of a report of the incident;


• Investigation of the incident, by independent authorities if appropriate;
• Peacekeepers suspected of violations of national or international law brought to
justice and, if necessary, repatriated first;
• Local community and victims informed of proceedings;
• Restitution made to victims, if appropriate;
• Insistence that local offenders be brought to justice;
• Usage of incident to sit down with local officials and community leaders to discuss
how to encourage better relations; and
• Review of internal procedures to ensure better handling of similar situations.
Lesson 6 / Human Rights for Peacekeepers 74

LESSON 6
END-OF-LESSON QUIZ

1. Which of the following is not true? Human rights are:


a. Enhancing the effectiveness of the peace operation;
b. To be known by all peacekeepers;
c. Legally protected;
d. Only applicable to the host country.

2. The UN Charter:
a. Was created to prevent the Second World War;
b. Is a non-binding treaty for all Member States;
c. Contains provisions on human rights;
d. Is exclusively a human rights treaty.

3. Entitlements that every person possesses by virtue of being human are known as:
a. Human dignities;
b. Human rights;
c. Human principles;
d. Human standards.

4. The difference between human rights law and International Humanitarian Law is that:
a. International Humanitarian Law does not allow for derogations;
b. Human rights law does not allow for limitations;
c. International Humanitarian Law applies in times of conflict;
d. Murder is prohibited under International Humanitarian Law.

5. When human rights violations occur, the peacekeeper should:


a. Report and intervene;
b. Intervene only when appropriate with the relevant authorities;
c. Let the human rights component do the report;
d. Not alert human rights workers.

6. Which of the following is not true? The use of force and firearms:
a. May impinge on fundamental rights;
b. Can only be used when strictly necessary;
c. Will be regulated in the Rules of Engagement;
d. Will not be used unless you think it is necessary.
Lesson 6 / Human Rights for Peacekeepers 75

7. Human rights are important because they:


a. Prevent future conflicts;
b. Build confidence and de-escalate conflicts;
c. Protect the host country population;
d. All of the above.

8. Which document represents the first comprehensive agreement among nations as to the
specific rights and freedoms of all human beings?
a. The UN Charter;
b. The Universal Declaration of Human Rights;
c. The International Convention on the Elimination of Racial Discrimination;
d. The Convention on the Rights of the Child.

9. The state hosting a peace operation is bound to protect and promote basic human rights
based on:
a. General international law;
b. Local law;
c. Its own discretion;
d. The UN Charter.

10. Reports of violations of Human Rights by peacekeepers have:


a. Led to more safeguards to prevent further violations;
b. Brought greater awareness to the cause;
c. Not affected the credibility of the UN;
d. Seriously undermined the credibility of the UN.

ANSWER KEY:
1d, 2c, 3b, 4a, 5b, 6d, 7d, 8b, 9a, 10d
Lesson 6 / Human Rights for Peacekeepers 76

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LESSON 7

HIV/AIDS AWARENESS AND


UN POLICIES GUIDELINES

7.1 Basic Facts about HIV/AIDS


7.2 Exposure Risks of Contracting HIV
7.3 Protection Against HIV
7.4 Professional Behaviour
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 78

LESSON OBJECTIVES

After completing this lesson the student should be able to:

• Understand the basic facts of HIV/AIDS;


• List and briefly discuss the stages of HIV infection;
• Explain the risks for getting infected with HIV/AIDS;
• Understand the necessity of condom use; and
• Discuss the professional behaviour a peacekeeper should maintain.

INTRODUCTION

It is well established that conflict and immediate post-conflict situations create increased
risk of HIV transmission among all involved parties. Heightened risk of HIV infection and death
from AIDS does not only apply to displaced or otherwise disrupted civilian populations that are
drawn into conflicts. The lethal threat posed by HIV/AIDS also extends to international
peacekeepers and supporting civilian staffs, to political observers, and to humanitarian assistance
workers, all seeking to mitigate conflict, restore social order, and promote human welfare. Like
other conflict interveners, peacekeepers need to be well briefed both prior to arrival in the field
and often thereafter on HIV prevention and on the implications of the conflict-risk environment
for their behaviour. Protecting themselves is important, but the peacekeepers’ mission is also to
promote the restoration of security to the families and communities that they serve. This
includes security against HIV and AIDS.

Throughout the world, national and multi-national military personnel are among the most
susceptible populations to sexually transmitted infections (STIs), particularly HIV/AIDS, which
is universally lethal. HIV/AIDS is five to twenty times more likely to occur in the presence of
other STIs. In some countries, military STIs may be two to five times higher than in civilian
society. In foreign deployment situations, military STIs may quickly equal or exceed those of
disrupted local populations whose infection rates may already be high. By the late 1990s, UN
monitoring missions and DPKO deployments were underway in unsettled parts of Africa, the
Caribbean, Central Asia, Eastern Europe, and the Middle East. In the growing number of post-
Cold War conflicts to which UN and other peacekeeping contingents are deployed, HIV/AIDS
poses a deadly threat, not only to those directly involved, but also to future peace and security.
Seen in this light, the development of effective HIV/AIDS prevention and control programmes
for multi-national peacekeepers and civilian police is of vital and immediate importance.
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 79

7.1 Basic Facts about HIV/AIDS

AIDS is caused by HIV, or the human immunodeficiency virus. This is also referred to
as the AIDS virus. HIV is an extremely small virus; you cannot see it with your eye. It likes to
live in dark, wet places like body fluids (blood, semen, vaginal fluid, and breast milk). It is a
fragile virus; when exposed to air, it dies in seconds. It can be quickly killed with soap.

The definition of AIDS is as follows:


• A stands for acquired. It means that HIV is passed from one person who is infected to
another person.
• I is for immune and refers to the body’s immune system. The immune system is made
up of cells that protect the body from disease. HIV is a problem because, once it gets into
a person’s body, it attacks and kills cells of the immune system.
• D is for deficiency, which means not having enough of something. In this case, the body
does not have enough of a certain type of cell, called immune cells, that it needs to
protect against infections. HIV enters the body and acts like a patient sniper, hidden for
as long as it takes to do its job to weaken the immune system. Over time HIV kills more
and more immune cells, the body’s immune system becomes too weak to do its job, and
the person living with HIV becomes sick.
• S means that AIDS is a syndrome. A syndrome is a group of signs and symptoms
associated with a particular disease or condition that occur together. AIDS is a syndrome
because people with AIDS have symptoms and diseases that occur together only when
someone has AIDS.

How Does HIV Spread?

Body fluids that can spread HIV include semen, vaginal fluid, blood, and breast milk.
Almost all transmission of HIV is through sexual intercourse between two people who do not use
condoms, either heterosexual relations or as a result of men who have sex with men. There is a
rapidly growing number of mothers who are infected with HIV and pass the virus to their babies
during or after their birth. These women were often infected by their husbands, who were often
infected by sex workers. There are some cases when blood taken from a person infected with
HIV is transfused to another person. Those who inject drugs like heroin and share their needles
also risk infection. All other modes of transmission are almost insignificant. It is impossible to
become infected with HIV through casual contact with people living with HIV/AIDS. There is
no problem touching or sharing eating utensils or combs and brushes.

Anyone can become infected with HIV from one single unsafe sexual act or from using
drugs by injection even just once. The vast majority of all HIV infection is caused by having
unprotected intercourse with a woman or man who is already infected with HIV (80% of
infections). However, having unprotected sex with an infected person does not mean that
infection will always result. An infected man could have sex with his wife for two years before
infecting her, or it could happen the first night they have sex. People are more infectious right
after being infected themselves.
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 80

Vaginal sex. This means a man inserting his penis into a woman’s vagina. Vaginal sex
can let HIV into your body through any cuts or tears inside the vagina or on the penis. HIV is
contained in both semen and vaginal fluid, so a man can give HIV to a woman and a woman can
pass HIV to a man. When a man is aroused, his penis stretches. Likewise, when a woman is
aroused, her vagina stretches. This stretching makes the membranes in the penis and vagina
more porous and causes very tiny cuts and breaks that you cannot see.

Anal sex. This refers to a man putting his penis into the rectum, or anus, of a woman or a
man. Anal sex can let HIV into your body through cuts or tears in the rectum, or anus. The
rectum does not stretch readily (unlike the vagina). Because of this, it can tear and bleed more
easily. A woman can contract HIV through semen when a man ejaculates in her rectum. A man
can contract HIV through semen when a man ejaculates in his rectum. Men who have sex with
men are more vulnerable to HIV infection because of anal sex. A penis can irritate and cut the
anal lining, increasing the opportunity for the virus to enter the body.

Oral sex. This means sucking or licking


of genitals. Oral sex can let HIV into the body
through any cuts or tears inside the mouth due
to injury or gum disease. People taking semen
into their mouths are more vulnerable than those
ejaculating. Oral sex is a much lower risk for
infection than vaginal or anal sex, especially if
semen is not taken into the mouth.

Infected needles. Those who share


needles can transfer infected blood from one
person to another. This is particularly the case
with those who inject drugs such as heroin.

Mother-to-child. During pregnancy,


HIV can be passed from mother to baby through
the placenta. At birth, HIV can be transmitted
through blood from the birthing process. In
addition, HIV is present in breast milk and can
be transmitted to a baby during breastfeeding.
According to current statistics, there is a one in
three chance an infected mother can transmit
HIV to her baby by breastfeeding.

Contaminated blood transfusions. Not


all blood is routinely tested for HIV. Some A woman bottle-feeds an infant at a home for
blood is transferred directly from a donor, who women and children in Ethiopia. Mother-to-child
is usually a relative, to someone needing a transmission of HIV is the most significant sources
transfusion. of HIV infection in children below the age of 10
years. (UNAIDS, Gubb)
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 81

How HIV Does Not Spread

The following situations do not spread HIV:


• Through casual, non-sexual social contact like shaking hands, touching or hugging, from
toilet seats or from eating food prepared by someone living with HIV/AIDS.
• Sharing eating and cooking utensils like cups, plates, pots, or forks and spoons.
• By kissing. HIV has been found in saliva, but the amount of HIV in saliva is extremely
small. No one has ever contracted HIV by kissing.
• By mosquitoes. Mosquitoes are a problem and cause other diseases, but do not transmit
HIV. You cannot get HIV from a mosquito, as you can malaria. Mosquitoes bite people
for blood, which is their food. With malaria, a mosquito bites a person and then goes into
a two-week life cycle to incubate the parasite. After this two-week period, the mosquito
then bites someone else, infecting them with malaria. This same situation does not
happen with HIV because HIV cannot live within the mosquito for two weeks: it dies, so
the mosquito cannot transmit HIV when it bites another person.

The Stages of HIV Infection

Window Period

Once a person becomes infected with HIV, that person does not immediately become
“HIV-positive.” There is a period of usually three to six weeks (sometimes as long as three to
six months) before the body reacts to the presence of the virus and produces antibodies that can
be found in laboratory blood tests. If these antibodies are found, the test result is “positive.” The
period of time that passes while the test is still negative is called the “window period.” It is
important to understand that, in this time, you may be infected and have the ability to transmit
the disease, even though the test may be negative.

Asymptomatic Period

After a person is infected with HIV, there is usually no change in that person’s health for
quite a few years. The person feels well, is able to work as before, and shows no signs or
symptoms of being sick. In other words, they are asymptomatic. With the exception of having
HIV in the body, the person is “fit for work.” This asymptomatic period varies from a few years
to up to as many as 12 years. The average range is between eight and 12 years. However,
individuals can first become sick from as little as a few years to as many as five years after
infection.

Symptomatic Period

The symptomatic period begins when the infected person begins experiencing AIDS-
related illnesses. Remember, AIDS is a “syndrome,” or a collection of conditions that, taken
together, allows us to make a diagnosis of AIDS. Most of the conditions that start to appear are
called “opportunistic infections.” Opportunistic infections are caused by bacteria or viruses that
normally do not cause illness in a person with a strong immune system, but they do cause illness
in a person with a weakened immune system. Opportunistic infections include infections such as
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 82

diarrhoea, tuberculosis, and pneumonia, and they repeatedly make the person sick. When a
person is diagnosed with AIDS, the length of time until death can vary among individuals
depending on the number and type of opportunistic infections and the availability of treatment
and drugs. Individuals can live for one to two years or much longer (if receiving treatment with
drugs).

Is There a Cure for AIDS?

There is no cure for AIDS at present. A combination of drugs called antiretroviral drugs
(ARVs) can result in controlling the virus so it does not weaken the immune system, which
would make it vulnerable to AIDS-related illnesses. At present, the cost of ARVs makes them
unaffordable for most people in the world infected with HIV. Progress is being made in
reducing the cost of the drugs, which will potentially increase their availability.

Traditional healers around the world are selling cures for HIV/AIDS. Many of these
cures have been examined by scientists but none so far has proved to eliminate HIV. There
would be great joy in the world if traditional healers did come up with something that cured
AIDS. Traditional healers can ease some of the symptoms of AIDS-related illnesses and
opportunistic infections. Unfortunately, many with HIV/AIDS turn to traditional healers with
false hope and waste their money.

Testing for HIV/AIDS in a Ministry of Health laboratory in Amman,


Jordan. (UNAIDS, Pirozzi)
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 83

7.2 Exposure Risks of Contracting HIV

Women are approximately four times more vulnerable than men to contract sexually
transmitted diseases, including HIV. This is largely due to anatomy: the area of the female
genitals exposed to semen and other sexual fluids during sex is four times larger than that of
men. Women are also at more risk of becoming infected because semen contains greater
amounts of the virus than vaginal fluids. Women can also be vulnerable to infection as a result
of rape or coercion. They can be driven to selling sex for financial reasons. Female sex workers
who do not use condoms are vulnerable to contracting HIV and other STIs, which increase their
likelihood of infecting their many partners.

The Impact of STIs on HIV Infection

The presence of an untreated STI like syphilis or gonorrhoea facilitates the transmission
of HIV from one person to another. Open sores and blisters provide an easy entrance into the
body for STIs, including HIV. Having an STI is already a sign of risk-taking behaviour.
Prevention and treatment of STIs is another way to protect against HIV infection.

The Impact of Alcohol and Drugs on HIV Infection

Drinking alcohol or
using illegal drugs will reduce
your judgement and your ability
to act within the bounds of safe
behaviour. Injecting drug users
face direct risks of infection if
they share equipment. In
addition, when you are under
the influence of alcohol and/or
drugs, you are more likely to
indulge in risky sexual contacts.
Consumption of alcohol also
tends to increase the libido and
make people feel like having
sex. Sex workers can often be
found at places where alcohol
is served. Men who serve in Be aware that the consumption of alcohol can impair your judgement,
the uniformed services and are which could result in risky sexual contacts. (UNAIDS, Peer Education
restricted to barracks may look Kit for Uniformed Services, September 2003)
forward to receiving their
monthly pay, going on leave, getting drunk, and finding women to have sex with. They may
intend to use condoms but are less concerned about HIV infection when they are drunk.
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 84

What is Safer Sex?

Safer sex is a means of preventing the sexual transmission of HIV. The easiest form of
safer sex for those who are sexually active is the use of latex condoms every time they engage in
vaginal, oral, or anal sex. Safer sex also includes abstinence, fidelity between uninfected
partners, and practising non-penetrative sex, such as hugging, kissing, masturbation, mutual
masturbation and simulating sex between a partner’s thighs or breasts. The reason it is called
“safer” rather than “safe” sex is because a condom might break or those intending to practice
non-penetrative sex might end up having penetrative sex without a condom in the heat of the
moment.

What is the HIV and STI “Transmission Butterfly”?

The HIV/AIDS/STI “transmission butterfly” consists of a series of illustrations that


demonstrates how a person has sex not just with one person, but with every person that their
partner has ever had sex with. To demonstrate how STIs, including HIV, are transmitted from
one person to another, imagine the following situation.

Imagine that you are at a bar. You are out with some friends from your unit. It was a
difficult week at work, and you and your friends just want to relax and have a good time. You
are sitting at the bar when a group of beautiful young women enters. You and your friends start
talking to them, and before you know it, you are all coupled off. You start talking and dancing
with one of these young women and eventually decide to leave the bar with her. You go with her
to her home and, as things work out, decide to have sex. Because you were not planning for this
to happen, you did not grab a condom when you left home. But you think to yourself that it is
“just this one time” and nothing can happen. Besides, she is so lovely that she cannot possibly
have any STIs. So, you have sex with her without using a condom. Afterwards, as you lie in
bed, you reflect on what a romantic evening it has been… just the two of you. But, let’s imagine
for a second that your new lady friend had made an exception and had unprotected sex “just this
one time” at least twice before. Furthermore, what your new friend did not know was that the
guy she picked up at the bar a few months ago had had sex with a total stranger “just once.” She
did not know that, on another occasion, he had made an exception “just this one time” and had
unprotected sex with another person, who also had at least two different sexual partners.

Each of these people had put themselves at risk “just this one time” at least twice before.
Imagine if their sexual partners made exceptions and had unprotected sex “just this one time” at
least twice before, as well. Now, let’s think about who is in the bed. You think that it is just the
two of you. But there are actually at least 30 people in bed with the two of you and one of them
could have an STI. Regrettably, you do not know which one. It could be any of them… Now,
let’s take a look at you and your other sexual partners. Just as with your new lady friend, the
pattern is repeated on the other side of the butterfly’s “wings.”

Think about this: if the woman you met at the bar was a commercial sex worker, how big
would the bed have to be to hold all the people you were having unprotected sex with? It could
be as large as a football field! If you think this is an exaggeration, consider this: if any two
people on the butterfly had unprotected sex, you yourself are potentially at risk of getting an STI,
including HIV. It is that easy for you to get HIV, not to mention any other STI as well.
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 85

Why is HIV Infection So Well Hidden?

HIV infection cannot be seen by looking at a person. A seemingly healthy, young,


attractive-looking woman can even be infected. More than three-quarters of people infected with
HIV do not know they are.

It is important to understand that you cannot determine someone’s HIV or STI status
simply by looking at them. Most people infected with HIV do not know they are infected and
can live for 10 years or more showing no signs of being infected at all. All that time, they risk
infecting every person they have unprotected sexual relations with.

What Does “Men who Have Sex with Men” Mean?

“Men who have sex with men” refers to men who have oral or anal sex with other men.
These men may be homosexual and only have sex with men, or they may be bisexual, which
means they have sex with both women and men. Some men are married to women but
occasionally have sex with men. One study found that half of the men who had sex with men
also had sex with women. Some men, such as those restricted to military barracks or prisons,
have sex with men on a temporary basis only because they do not have access to women. The
men can come from any social, cultural, or economic group. Most men who have sex with men
have no characteristics that distinguish them from other men. Some may have adapted certain
looks or mannerisms which identify them as being gay. Men who have sex with men in the
uniformed services usually prefer to be secretive about their sexual preferences because they fear
negative repercussions if they are found out.

The challenges for preventing HIV infection among men who have sex with men are as follows:
• Many men who have sex with men resent being associated with “homosexuality” and
deny that they have sex with men. This is especially true among men who have sex with
both men and women.
• Because they are afraid of being caught, men who have sex with men often have sex in
dark public places with partners they do not know. This makes accessing condoms and
negotiating condom use a potential problem.
• When officials deny that sex between men exists, it is difficult to get approval to conduct
education for the men.

To lower the risk of HIV transmission among men who have sex with men, the following points
should be taken into consideration.
• Men who have sex with men must be aware that unprotected sex has a higher risk of
resulting in HIV infection.
• Condom use should be promoted.
• Alternatives to penetrative sex can be recommended, such as mutual masturbation and
intercrural sex (putting the penis between the thighs and simulating sex).
• It is recommended that men who have sex with men engage only in oral sex rather than
anal sex and avoid having partners ejaculate inside the mouth.
• Using a non-oil-based lubricant when having anal sex with a condom will reduce the
chance of it breaking.
• Carry condoms when going to locations where men go to meet other men for casual sex.
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 86

Reflect on the Following Behaviours and their Associated Risk

High risk

• Having sex without a condom with a sex worker: Sex workers have multiple partners
increasing their chances of being infected.
• Anal sex without a condom: A rectum is not designed for sex, and a penis can cause rips
and tears inside, allowing the exchange of blood and semen.
• Many sexual partners without using condoms: The greater the number of sexual partners,
the greater the chance of engaging in sex with one who is infected.
• Having sex without a condom when infected with an STI, or with a person infected with
an STI: STIs bring blood to the surface of the skin, increasing the opportunity for
infection.
• Having sex while drunk without a condom: Too much alcohol can reduce the desire to
use a condom.
• HIV-infected person wanting to have a child: A pregnant woman with HIV has one in
three chances of infecting her child at birth or through breastfeeding.
• Using petroleum jelly or hair oil to lubricate a condom: Oil-based products weaken
condoms and can cause them to break.
• Sharing needles with injecting drug users: Injecting drug users who share needles inject
other people’s blood into their veins.
• A transfusion of untested blood: Unless the blood has been tested, there is no way of
knowing if the person donating it is infected or not.

Low risk

• Oral sex without a condom: Unless the person has cuts in their mouth, there is only a
small chance of getting infected.
• Sex with a condom: A condom is good protection against HIV unless it breaks.
• Touching the blood of an injured person: The skin surface is a good seal against HIV
unless cuts or sores are present.

Almost no risk

• Injection of medicines: Since it is medicine and not blood that is being injected, the risk
is extremely low.
• Scarification, tribal marking, or female genital cutting: If this were a risk, many more
children would be found to be infected before they became sexually active. It is very rare
to find an HIV-positive child who was not infected by their infected mother at birth or
through breastfeeding.
• Sharing razors: HIV in infected blood is very fragile outside the body and is easily killed
by soap and water. We would find more old men who are infected if this were a common
means of transmission.
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 87

No risk

• Abstinence: Having no sex at all prevents sexual transmission.


• Kissing, hugging, massaging, and mutual masturbation: The small amount of HIV in
saliva or sweat is not enough to transmit the virus to someone else.
• Sex between mutually faithful, uninfected partners: Two people who have been tested
and remain mutually faithful cannot get HIV.
• Sharing eating, drinking and cooking utensils with an infected person: HIV is a very
weak virus outside the body. It dies in the air very quickly and is killed by soap and
water.
• Donating uncontaminated blood: Those collecting blood are careful to use new or
sterilised needles.
• Deep kissing with tongues: HIV can be found in saliva but not enough to transfer the
virus from one person to another.
• Sharing a toothbrush or hairbrush: Sharing brushes may not be hygienic, but HIV
transmission is not a problem.
• Being bitten by mosquitoes: If mosquitoes transmitted HIV, then many more people of all
ages would be infected.
• Touching a person with HIV/AIDS: The skin is a good protective coating. HIV does not
go through the skin unless there is an open sore or cut.
• Sharing a bathroom or latrine.
• Caring for a person who has HIV/AIDS: Those who are caring for women living with
HIV/AIDS should be extra careful in handling menstrual blood, but other contact is not a
risk.
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 88

7.3 Protection Against HIV

The effective and


consistent use of condoms
remains the most powerful
weapon in the global struggle
against HIV and AIDS, even
though condom use varies widely
within and among societies. As
highly structured, formal
organisations with well-
developed command and control
mechanisms, the military is
virtually unique in their capacity
for achieving and maintaining
standardised patterns of
behaviour. Most of the world’s
military recognise these
advantages in promoting and
providing condoms among their
troops, but fewer are fully
prepared to maximise condom
use, and thus HIV prevention, in
their ranks. Absent in some To protect yourself from STIs and HIV, always insist on using a
national militaries are specific condom. (UNAIDS, Peer Education Kit for Uniformed Services,
plans through which condoms September 2003)
are routinely promoted and
provided. This lack of commitment is often paralleled by passive, group-informational
approaches to condom promotion, as well as inadequate instruction on effective condom use and
“on-request” distribution methods that are equally indifferent to soldiers’ possible disregard of
and/or aversion to condoms.

Research has shown that condoms achieve their full potential for HIV prevention only
through highly individualised and aggressive approaches to condom promotion and distribution.
Since social and cultural factors can heavily influence predispositions toward or against
condoms, knowledge-attitude-belief-practice (KABP) surveys of individual military units should
precede the development and testing of such approaches. This requirement especially pertains to
UN peacekeeping forces, which are drawn from many societies and cultures around the world.
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 89

7.4 Professional Behaviour

Degrading the Uniform

There are specific forms of behaviour that degrade the image of uniformed personnel and
professional conduct. These behaviours reinforce the avoidance of behaviour which places
uniformed services personnel at risk of infection with HIV and STIs. The case study on the
following page encourages discussion of these aspects by presenting peacekeepers’ roles and
responsibilities regarding how they relate to HIV/AIDS. Professional guidelines based on the
United Nations Code of Conduct for Peacekeepers are presented.

Discretion and Respect

It is not expected that uniformed personnel abstain totally from alcohol consumption and
sexual relations. What is expected, however, is that they do not put themselves or others at risk
of HIV infection. Uniformed personnel have a responsibility to uphold the high standards
expected of them when they joined and swore allegiance to their service. Officers, because of
their power and influence over other personnel, have an important task of becoming positive
role-models to the personnel under their charge and not showing disrespect to the Code of
Conduct themselves.

For any further research or information on HIV/AIDS, please visit the website of the Joint
United Nations Programme on HIV/AIDS at:
http://www.unaids.org/en/in+focus/topic+areas/uniformed+services.asp.
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 90

Case Study – “Lowering Your Guard”

John and Peter were disappointed that they had been assigned to security duty the day of
the big football match. They would rather be sitting watching the game with their friends than
controlling the crowd outside. They each had a couple of beers during the game under the
stands. They were still on duty when the cheering crowd poured out of the stadium ready to
celebrate the local team’s big win.

After the game, they were told to go to an area where there were a lot of bars packed with
men and women dancing, singing, and drinking. They bumped into some friends who invited
them to have a drink. It was too tempting for them. It seemed like everyone was having fun but
them. After drinking to their satisfaction, they were now feeling really good. They went back
onto the street, which was still full of celebrating football fans.

They saw five or six teenage boys behind one bar who were harassing two girls that
worked in the nearby disco. They had torn their clothes and were grabbing at their breasts. The
alcohol made John and Peter bold and rough, and they beat the boys over the head with their
night-sticks. This sent the boys running. The women said they wanted to thank John and Peter
for saving them from the teenage boys and invited them into the disco. After a few more rounds,
John and Peter were very drunk. Before too long, they found themselves in a back room with the
two women. John was the first to penetrate the woman and enjoyed it very much. Peter took a
little longer to get going. He had a condom in his shirt pocket. He took the time to carefully
open the package and then put on the condom before enjoying sex with the woman.

Questions to Consider:

• Describe what is going on in this story.


• What advice would you give John about alcohol consumption?
• Why do you think these situations occur in uniformed services?
• What was the difference between John and Peter?
• Why do you think Peter used a condom and John did not?
• What was John thinking when he went with the woman?
• What was Peter thinking when he went with the woman?
• How do you think the two of them felt the next day?
• What do you think might have been the consequences of John’s experience?
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 91

LESSON 7
END-OF-LESSON QUIZ

1. When a person has AIDS, their body lacks:


a. Immune cells;
b. Blood vessels;
c. Necessary nutrients;
d. Bone marrow.

2. Almost all transmissions of HIV occur through:


a. Sexual intercourse;
b. Casual contact;
c. Sharing items;
d. Kissing.

3. Body fluids that can spread HIV include:


a. Blood;
b. Breast milk;
c. Semen;
d. All of the above.

4. AIDS cannot be spread:


a. By sharing needles with a person living with AIDS;
b. During the pregnancy of a mother with AIDS;
c. Through the bite of an infected mosquito;
d. By receiving a blood transfusion contaminated with HIV.

5. A person becomes infected with HIV after how many unsafe sexual acts?
a. Three;
b. Five;
c. Seven;
d. A person can become infected from even a single exposure.
Lesson 7 / HIV/AIDS Awareness and UN Policies Guidelines 92

6. The stage of HIV infection before the body reacts to the presence of this virus and produces
antibodies is called the:
a. Asymptomatic period;
b. Symptomatic period;
c. Window period;
d. Testing period.

7. Antiretroviral drugs are:


a. A cure for AIDS;
b. Used to control the virus so it does not weaken the immune system;
c. An inexpensive source of relief for people with AIDS;
d. Placebos to help people with AIDS.

8. The HIV/AIDS/STI “transmission butterfly” aids peacekeepers in their assessment of the


risks of sexual contact by providing:
a. An illustration of how a person has sex with every person that their partner has had
sex with;
b. A list of “safer sex” suggestions;
c. Examples of possible scenarios one might be placed in;
d. None of the above.

9. What is considered to be the risk level for oral sex without a condom and touching the blood
of an injured person?
a. High risk;
b. Low risk;
c. Almost no risk;
d. No risk.

10. It is possible for a person infected with HIV to not start showing symptoms of being
infected until how many years have passed?
a. One year;
b. Two years;
c. Five years;
d. Ten years.

ANSWER KEY:
1a, 2a, 3d, 4c, 5d, 6c, 7b, 8a, 9b, 10d
LESSON 8

UN GUIDELINES AND PROCEDURES ON


DISCIPLINE FOR UNIFORMED PEACEKEEPERS

8.1 Off-Duty Misconduct


8.2 Consequences of Violations of the Code of Conduct
8.3 Protecting Human Rights and Gender
8.4 Legal Status of Peacekeepers and Jurisdiction for Violations
8.5 Command Responsibility for Human Rights Discipline
8.6 Loyalty towards Comrades-in-Arms
8.7 Uniformed Peacekeepers' Duty to Act
8.8 Essential Principles on Human Rights Conduct
8.9 Courses of Action
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 94

LESSON OBJECTIVES

After completing this lesson the student should be able to:

• Understand the different applicable disciplinary procedures for uniformed personnel;


• Demonstrate an understanding of the key points from the Disciplinary Directives for the
various levels of military and UN police; and
• List the consequences for those who fail to comply with the UN Guidelines and
Procedures provided.

INTRODUCTION

UN uniformed peacekeepers, specifically the military and UN police, represent the UN


and their own countries. Their conduct, both negative and positive, impacts on the success of the
whole mission because people expect higher standards from uniformed personnel.

Uniformed personnel command respect by virtue of being in uniform, which implies


adhering to a set code of discipline. All uniformed peacekeepers can be brought into disrepute
by: a breach of this implicit “psychological contract”; failing to abide by the required Code of
Conduct (see Lesson 1 of this course); or failing to abide by the UN Guidelines and Procedures.

The UN embodies the aspirations of the people of the world for peace. In this context,
the UN Charter requires that all peacekeeping personnel must maintain the highest standards of
integrity and conduct. Peacekeepers, whether military, UN police, or civilian, must comply with
the guidelines on ‘International Humanitarian Law for Forces Undertaking UN Peacekeeping
Operations’ and all applicable portions of the ‘Universal Declaration of Human Rights’ as the
fundamental basis of all their standards.

Uniformed peacekeepers must first and foremost realise and appreciate that they are
guests of their host nation. Uniformed peacekeepers are accorded certain privileges and
immunities, accorded through agreements negotiated between the host country and the UN,
solely for the purpose of discharging peacekeeping duties. Expectations of the world community
and the local population will be high, and the actions of uniformed peacekeepers must reflect
these high standards as demonstrated by their actions and conduct, which will be closely
observed by the host population.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 95

8.1 Off-Duty Misconduct

Recall from Lesson 1 that the UN peacekeeper’s core values can be summarised with
four guiding principles: impartiality, integrity, respect, and loyalty. These principles must be
borne in mind by every peacekeeper.

Back in their home countries, many military are prepared to limit their oversight of off-
duty misconduct, secure in the knowledge that their civil mechanisms, such as police and civilian
courts, will meet the challenge of monitoring and disciplining criminal or civil violations.

Unfortunately, the situation is quite often very different when on mission. Often the host
country’s civilian mechanisms are weak or even non-existent, and they may not be in a position
to monitor and discipline the off-duty conduct of UN staff. Regardless, members of national
peacekeeping contingents are subject to the exclusive jurisdiction of their national states. This
makes it even more imperative that peacekeepers have mission and contingent mechanisms to
track and penalise misconduct.

There are all sorts


of problems deriving
from peacekeepers’ lack
of properly policing
themselves. This
includes the issue of
contributing to impunity,
often at the same time as
the United Nations is
working to reduce or
reverse impunity of local
actors in the host country.
Justice demands that
violators be penalised, UN peacekeepers from Jordan patrolling on foot and distributing food items as
and there is a real a special operation in Cite Soleil. Whether on- or off-duty, peacekeepers
likelihood of an increase should always act appropriately and avoid misconduct. (MINUSTAH Photo,
Sophia Paris, March 2005)
in human rights
violations once it is recognised that there is little deterrence or likelihood of punishment.

Another aspect which is unique to peace operations is that off-duty peacekeepers are
never truly “off-duty”. As every peacekeeper knows, even out of uniform they can easily be
identified. In particular, the local inhabitants will always see them as peacekeepers, and any
misconduct or criminal acts by them will be seen as defining the larger peace operation.

Peacekeepers need to know that when on mission, they no longer have the luxury of
being truly off-duty as they can be at home. Commanders must also understand that is both
appropriate and imperative that they guide and monitor the misconduct of their personnel even
when they are off-duty. Obviously, there is an equal duty to discipline misconduct. The need for
peacekeepers to abide by human rights standards is also reinforced by the UN Code of Conduct.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 96

8.2 Consequences of Violations of the Code of Conduct

The primary responsibility for the maintenance of good order and discipline rests with the
Contingent Commander, who alone has exclusive criminal jurisdiction over his troops under his
command. Additionally, a National Contingent Commander is responsible to cooperate with any
investigation into criminal or other illegal activities. This includes ensuring that key witnesses to
serious crimes remain within the mission when required to facilitate in a criminal investigation.

Certain privileges and immunities are granted to peacekeepers by the Secretary-General


for the performance of their official duties and in the interest of the UN. They are not for your
personal benefit. Depending on your category (military contingent, MILOB, UN Police), the
immunities and privileges apply in different ways. Whichever way it applies to you, you are still
liable to disciplinary action and, in serious cases, criminal proceedings for violations of the Code
of Conduct. As an individual and depending on your category, you are also liable to suffer
various consequences for your misconduct. The consequences will also depend on the severity
of your offence or misconduct. For a discussion of misconduct and the resulting consequences,
revisit Lesson 1 of this course.

8.3 Protecting Human Rights and Gender

Reporting

There will always be a need to report, even while acting to protect human rights. Obtain
as much information as possible of the alleged human rights abuse. This is done by making
notes and taking photographs. Report the information as soon as possible to the superior HQ.
Report on: What, Where, When, Who, How?

Protecting

If the mandate of the mission allows for acting to protect a person’s rights (e.g., the right
to life), this will be made very clear in the instructions and Rules of Engagement (ROEs). There
will be no specific ROEs for the protection of Gender or Human Rights; the ROEs will apply to
all situations that may require the use of force. ROEs are mission-specific, as they depend on the
mandate and other specific factors.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 97

Disciplinary Measures

In cases of sexual exploitation and abuse (SEA), the following possible consequences can
occur, depending on the peacekeeper’s personnel category.

Contingent Members

If there is a finding of serious misconduct for a military member of a National


Contingent, the UN can recommend repatriation. Military members of National Contingents are
subject to the exclusive criminal jurisdiction of their national authorities. Therefore, they are
immune from local criminal prosecution. Once repatriated, however, this category of personnel
is subject to national military law and may face court-martial. DPKO will follow-up with
Member States to obtain information on action taken after repatriation.

UN Military Observers and UN Police

The measures that may be invoked for military observers following a finding of serious
misconduct include:

• Removal from position of command;


• Recommendation to repatriate; and
• Written censure or reprimand, including the possible recommendation of non-eligibility
for a future assignment with the UN.

In addition, if the local laws of the host country have been violated, the United Nations
and the host country can agree on whether to institute criminal proceedings. Military observers
are subject to the jurisdiction of the host country or territory in respect to criminal offences
committed in the host country. The Secretary-General has the right and duty to waive the
immunity of such individuals where such immunity would impede the course of justice.

Complaints Mechanisms

Chain of Command

In the age of mobile phones and email facilities, there are no secrets. The truth will
always come out sooner or later. Therefore, if you hear a rumour, allegation, or case of sexual
exploitation and abuse, you should report it up your chain of command.

Mission Focal Point

Alternatively, if you do not feel comfortable reporting the allegation through your chain
of command, you can report it to the Mission Focal Point or Alternate Focal Point for Sexual
Abuse and Exploitation. Each mission is required to designate such focal points.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 98

Personnel Conduct Officer

Some missions should also have a Personnel Conduct Officer (PCO), whose task it is to
monitor UN personnel conduct and behaviour. This PCO may even be the designated focal point
mentioned above.

Reporting on Child Soldiers

Peacekeepers, particularly United Nations Military Observers, have an important role to


play in reporting on child soldiers. They are often based closest to the front lines or go on
verification missions to frontline areas and are, thus, likely to have the most frequent contact
with child soldiers. When child soldiers are encountered, MILOBS should take the time to
complete a child soldiers reporting checklist, which would typically be distributed to MILOBS in
such missions. The checklist will help them to gather information such as names, numbers, sex,
place of origin, physical condition, and post-conflict expectations of the child soldiers. The
information will be very useful to the Child Protection Unit in the mission; to those agencies and
NGOs specifically mandated to deal with child protection issues, like UNICEF; and in the
planning and execution of the Disarmament, Demobilisation, and Reintegration (DDR)
programme.

8.4 Legal Status of Peacekeepers and Jurisdiction for Violations

UN rules on the legal status of UN staff and jurisdiction for misconduct, including
criminal and human rights violations, try to reconcile different concerns, such as:
• The need to enable UN staff to perform their functions independently, without fear of
being unfairly accused or prosecuted;
• The concern to ensure justice when crimes and serious violations are committed; and
• The need to ensure a fair process in ascertaining responsibility for violations.

Whatever the details of the rules, it is clear that they need to be implemented in a way that allows
justice to be achieved when human rights violations are committed.

Members of National Contingents

Troop-contributing countries (TCCs) have exclusive criminal jurisdiction over their


military. According to the Model Status of Forces Agreement (SOFA) for Peacekeeping
Operations (Article 47b), “Military members of the military component of the UN peacekeeping
operation shall be subject to the exclusive jurisdiction of their respective participating States in
respect of any criminal offences which may be committed by them” in the host country.

TCCs are responsible for taking effective judicial measures to deal with crimes, including
human rights violations, committed by their military on UN missions. Exclusive jurisdiction
includes the duty to see justice done, as reinforced by the SOFA in Article 48. “The Secretary-
General. . . will obtain assurances from Governments of participating States. . .” that they will
be prepared to exercise jurisdiction with respect to crimes and offences committed by members
of national contingents serving with the peacekeeping operation.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 99

Military Observers

Military observers, like CIVPOL and most civilian mission members, are classified as
Experts on Mission, as set out in SOFAs and the Convention on the Privileges and Immunities of
the United Nations. As such, they enjoy immunity for the purposes of official acts that they
perform. However, the UN retains both the responsibility and the duty to see that justice is met,
and UN Secretary-General has “the right and duty to waive the immunity of any expert in any
case where, in his opinion, the immunity would impede the course of justice. . .”

Military observers remain subject to the jurisdiction of the host country in respect of any
criminal offences that they may commit in the host country and of any civil dispute or claim not
related to the performance of their official functions. Upon receiving allegations of misconduct
by any mission member, including military peacekeepers, a Head of Mission is obliged to initiate
investigations and possibly boards of inquiry.

UN Directive for Disciplinary Matters Involving Military Members of National


Contingents (DPKO/MD/03/00993)

The directive provides Heads of Missions with mandatory procedures to handle


allegations of serious misconduct by military members of national contingents.

Serious misconduct is defined as any act, omission, or negligence, including criminal


acts, that is a violation of mission standard operating procedures, directives, or any other
applicable rules, regulations, or administrative instructions that results in or is likely to result in
serious damage or injury to an individual or to the mission.

The definition can clearly cover acts amounting to human rights violations, such as
torture or degrading treatment. In fact, the directive specifically refers to, for example, “sexual
abuse and exploitation of any individual, particularly children,” as one of the acts falling within
its definition.

Article 8 of the directive confirms the legal status of military peacekeepers in that,
“Military members of national contingents… shall be subject to the exclusive jurisdiction of their
respective participating States in respect of any criminal offences that may be committed by
them in the mission area. They shall be immune from legal process in respect of words spoken
or written and all acts performed by them in their official capacity. They are, however, subject to
the jurisdiction of the host country/territory in respect of any disputes/claims of a civil nature not
related to the performance of their official functions.”

However, the UN Head of Mission, usually a civilian SRSG, has the mandate and
obligation to take action as follows:

1. Initiate a preliminary investigation to establish the facts;


2. If the preliminary investigation indicates that the report of serious misconduct is well-
founded, immediately report to UNHQ, who will in turn inform the TCC concerned; and
3. Convene a Board of Inquiry within 48 to 72 hours.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 100

The Board of Inquiry is not a judicial body; it is a management tool of the Head of Mission. The
Board may make recommendations for appropriate administrative action, including repatriation.

While the procedure in place clearly limits the role of the United Nations with regard to
ensuring accountability for violations, it is very important that, at a minimum, these procedures
be properly used and followed, and that the UN be seen to seriously take action within its
purview. Cursory investigation of alleged violations, for example, will not serve justice.

It is equally, and even more, important that TCCs seriously fulfil their responsibility to
take appropriate action in cases of violations, including through the prosecution and trial of the
peacekeepers involved.

An important aspect of the issue, which impacts on relations between the uniformed
peacekeepers and the host country population, is that usually very little information is made
available about any legal action taken against peacekeepers that have been accused or found to
have violated human rights, once they have been repatriated. This can clearly perpetuate
victims’ resentment and a perception of “impunity” vis-à-vis international peacekeepers.

The directive seeks to address this problem by stating that, “Although the responsibility
to discipline military members of national contingents remains a national responsibility, the
United Nations does have an interest in ensuring that justice is carried out.” The UN retains the
right to request information from the troop-contributing nation at “the highest possible levels, to
underscore the seriousness of the matter and to pursue it with a view to seeing that appropriate
disciplinary steps are taken” (Art. 29).
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 101

8.5 Command Responsibility for Human Rights Discipline

Prevention

Preventing misconduct is a good first step in having disciplined subordinates. There are
two major mitigating measures for commanders to instil human rights discipline and reduce the
risk that those under their command will violate human rights standards:

• Know the Rules: Ensure that personnel know the applicable human rights laws,
standards, SOPs, guidelines, etc. Quite apart from the importance of protecting potential
victims from human rights violations, it is an essential component of command that
leaders are protecting their people by helping those individuals to stay out of trouble. In
other words, competent commanders will actively look to protect their personnel from
violating human rights rather than simply waiting to court-martial them.
• Know the Penalties: Ensure that infractions will be disciplined and that all personnel
know that there will be penalties including criminal charges for criminal acts.

Disciplining Violators

The response to human rights violations is as important as preventing them in the first
place. Rapid and proportional disciplinary action is critical to deterrence – sending the clear
signal that punishment is guaranteed and will reflect the seriousness of the violations.

Military commanders at all levels, from force commanders to squad leaders, understand
the disciplinary obligations of command set out above. It is an easy adaptation to understanding
that the same duties and obligations apply when on UN mandated peace operations. What takes
some work, however, is understanding that peace operation environments create added risks of
misconduct by military members. Those risks arise from new legal and cultural constraints, as
well as the unique stresses and strains of peace operations, all of which increase the risk of
mistakes. Good leaders and commanders will master those new peacekeeping challenges and
look to set in place adequate mechanisms to prevent violations of international human rights
standards.

What is also important to remember is that the UN does not have its own military justice
mechanisms. The UN is expected to rely on troop-contributing countries to continue to
discipline their members, including through criminal prosecution when applicable. TCCs must
be prepared to fully meet those disciplinary expectations.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 102

8.6 Loyalty towards Comrades-in-Arms

Defending
comrades-in-arms is a
fundamental
responsibility of
professional militaries.
Loyalty to comrades is
built on the assumption
that those comrades are
equally professional,
loyal, and follow proper
conduct. Loyalty to
comrades is essential for
peacekeepers to operate
successfully, but loyalty
is not the same as
covering up the It is important to have cooperation and loyalty amongst peacekeepers. But
covering up the misconduct of your comrades is not the same as loyalty.
misconduct of (UNMIS Photo, John Charles, May 2005)
comrades.

Senator Carl Schurz (1829-1906) was a German-born immigrant to the United States who
was elected a U.S. Senator and appointed Secretary of the Interior. He once said, “my country
right or wrong,… when right to be kept right, when wrong to be set right.” This phrase can be
easily restated to read: “my fellow peacekeepers right or wrong,…when right to be kept
right, when wrong to be set right."

Assisting fellow peacekeepers in avoiding misconduct and abiding by human rights


standards is an aspect of loyalty. This loyalty grows more important in times of crisis. Loyalty
to military ethics and human morality can appear to contradict the need to be loyal to comrades,
and it requires individuals to deal with ethical dilemmas.

Ethical Dilemma

• You are unsure of the right thing to do.


• Two or more of your values may be in conflict.
• Harm may be caused no matter what you do.

Ethical Conduct

• Consider your options and your obligations, both moral and legal.
• If unsure, talk to others you trust.
• Accept responsibility for your actions, and do the right thing.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 103

In situations where peacekeepers violate human rights, it is the duty of fellow


peacekeepers to remain loyal to the values of their unit, their military, their country, and the UN.
International human rights standards embody those values. Whether the violations have been
committed inadvertently or purposely, there is the danger that the noble sentiments of
comradeship and loyalty are twisted or subverted by those guilty of misconduct who would ask
their colleagues to shield them from the ramification of their actions. Peacekeepers must be
trained to handle such ethical dilemmas.

8.7 Uniformed Peacekeepers’ Duty to Act

There should be no doubt that peacekeepers who know of violations being or having been
committed must take action. Uniformed peacekeepers have a duty to take the correct and proper
course of action when they become aware of human rights violations.

Those with command responsibility have a greater obligation to act. They obviously
have key roles and responsibilities to prevent, investigate, and administer punishment for
violations. However, when witnessing or hearing about possible human rights misconduct, all
peacekeepers should:

• End the violations, directly or by engaging others to take action;


• Alleviate the suffering of the victim and provide appropriate restitution; direct victims to
organisations that may provide assistance and support;
• Report violations immediately and to the appropriate individuals, such as military police
and superiors;
• Cooperate fully with investigations;
• Make sure that commanders ensure justice by taking appropriate measures against the
violator; and
• Prevent further violations through normal and innovative efforts to change attitudes and
improve human rights awareness. Make it clear that misconduct will be caught and
justice will be applied fully.

Note that the SG Bulletin on Special Measures for Protection from Sexual Exploitation
and Abuse; the DPKO Directives for Disciplinary Matters Involving Military Members of
National Contingents; and the DPKO Directives for Disciplinary Matters Involving Civilian
Police Officers and Military Observers all require UN staff and peacekeepers who become aware
of acts of serious misconduct, sexual exploitation, and abuse, to report them through the
appropriate channels. A similar requirement is contained in international human rights law.

Example: Somalia Peace Operations

The various UN-mandated missions in Somalia in the early 1990s (UNOSOM I and II,
and UNITAF) provide a well-known example of a failure to properly anticipate the peace
operation challenges, which resulted in serious human rights violations by the UN-mandated
forces.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 104

The operational challenges in Somalia and risk of human rights violations by UN-
mandated troops were heightened by the Security Council mandate to use “all necessary means”
of force. The resulting ROEs allowed for the use of deadly force when there was a clear
demonstration of hostile intent. That, combined with heavily armed antagonistic belligerents
who were killing peacekeepers along with daring common thieves stealing from peacekeepers,
created a high risk of overreaction by multi-national troops. Human rights violations by
peacekeepers allegedly included beatings in detention, torture, and arbitrary executions.

By all accounts, a number of military contingents were not very rigorous in following up
allegations of violations carried out by their troops. Among the serious and widely-reported
violations were those committed by Canadian troops, including the torture and killing of a
Somali youth taken prisoner after having broken into the military camp to steal.

The human rights violations by Canadian peacekeepers in Somalia were a shock to the
Canadian military and public. The subsequent investigations, punishments, and corrective
actions were extensive and included the following.

• Ten court-martials, including corporals, sergeants, platoon commanders, and others.


Some received jail time. The key individual accused of murder had attempted suicide,
which resulted in severe brain damage and he was judged unfit for trial.
• Extensive non-disciplinary actions were taken against senior leadership of the armed
forces including the de-facto censuring of a number of senior leaders of the Canadian
Armed Forces, including several chiefs of defense (the most senior military commander).
It is estimated that the careers of tens of officers were effectively over; many chose to
leave the military.
• The full infantry regiment that had been deployed to Somalia was officially disbanded in
disgrace, and its members were re-assigned to other infantry regiments. This was
unprecedented in Canadian military history.
• Restitution was given to the families of the Somali victims.
• An independent and highly publicised public inquiry ran for several years.
• Major changes in Canadian peacekeeping training occurred.

Canada's successful prosecution of the violators, which included disciplining those who
had not properly prepared the Canadian peacekeepers for the challenges of peacekeeping in
Somalia, stands out as a remarkable example of positive action taken by a troop-contributing
country to give effect to its international human rights obligations and of commitment to uphold
legality and ethics among troops.

The horrific nature of the more gross or serious human rights violations can result in a
strong incentive to hide such violations. This is particularly so when national reputations are at
risk. This only serves to protect the guilty and allow impunity to endure. Military peacekeepers
that permit such cover-ups are also planting the seeds of disillusion and morale problems within
their military. The justice and catharsis of proper human rights discipline will only serve to
strengthen peacekeepers over the long term.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 105

The case study at the end of this lesson is another example of how reputations can be put
at risk when human rights violations occur. Read the case study and think about the situations
that it presents.

8.8 Essential Principles on Human Rights Conduct

Peacekeepers must comply with the human rights standards contained in international
law, national law, and the rules, guidelines, and directives issues by the United Nations. While
all international standards covered in this course are relevant, the following include some of the
key standards:

• Everyone has the right to life, security of the person, and freedom from torture and other
cruel, inhuman or degrading treatment and punishment (UDHR Articles 3 and 5; ICCPR
Articles 6, 7, and 9; Torture Convention Preamble and Articles 1, 2, and 4)
• No exceptions are permitted with regard to the right to life; the prohibition of torture and
other cruel, inhuman or degrading treatment, the prohibition of slavery, the prohibition of
imprisonment for failure to fulfil a contractual obligation, the prohibition on ex post facto
laws; the recognition of everyone as a person before the law; or the right to freedom of
thought, conscience and religion (ICCPR Article 4)
• Minorities, non-nationals, and refugees are to be provided with the same human rights
protections as all other inhabitants in that all persons are equal before the law and are
entitled without discrimination to the equal protection of the law (ICCPR Article 26)
• Refugees have unique rights as set in the Refugee Convention and the Protocol of 1967
• Children are particularly vulnerable and have additional protections (for example, the
Convention on the Rights of the Child)
• Women are entitled to the equal enjoyment and protection of all human rights in the
political, economic, social, cultural, civil, and all other fields (UDHR Article 2;
Convention on the Elimination of Discrimination Against Women Preamble and Article
1, 2, and 3; Declaration on the Elimination of Violence Against Women Article 3)
• Sexual violence, exploitation, and abuse against women and children are prohibited at all
times

Numerous standards provide detailed direction for peacekeepers carrying out policing functions:

• CCLEO – Code of Conduct for Law Enforcement Officials: GA Res. 34/169, Dec. 1979
• BPUFF – Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials: UN Congress, 1990
• SMR – Standard Minimum Rules for the Treatment of Prisoners: UN 1955, approved
ECOSOC 1957 and 1977
• Principles on Detention or Imprisonment – GA Res. 43/173, Dec. 1988
• UN Rules for the Protection of Juveniles Deprived of their Liberty: GA Res. 45/113, Dec.
1990
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 106

There have been many forceful reminders that these standards apply to peacekeepers:

• SG's Bulletin on Observance By United Nations Forces of International Humanitarian


Law (ST/SGB/1999/13) – states that the UN and its personnel and agents are bound by
the Law of Armed Conflict
• SG’s Bulletin on Special Measures for Protection from Sexual Exploitation and Sexual
Abuse (ST/SGB/2003/13, refer to Appendix C for full text) – sets clear and strict
prohibitions with regard to sexual exploitation and abuse by UN personnel, and
mechanisms to deal with breaches of these prohibitions
• UN Code of Personal Conduct for Blue Helmets (refer to Lesson 1 of this course)

8.9 Courses of Action

Guidelines for Prevention of Personal Misconduct

• Know the applicable human rights standards;


• Anticipate the standards that you might violate;
• Adopt behaviour to protect against mistakes or personal weaknesses; and
• If you do violate human rights, immediately take responsibility and look to mitigate the
harm done.

Guidelines for Prevention of Misconduct by Comrades

• Help to ensure that they know the applicable human rights standards;
• Anticipate the standards that they might violate;
• Encourage them to adopt behaviour to protect against mistakes or personal weaknesses;
• Anticipate what action you should take if they violate human rights;
• If they violate human rights, report the violation and look to mitigate the harm done; and
• Cooperate with any investigation into the violations.

Guidelines for Prevention of Misconduct by Subordinates

• Ensure that they know the applicable human rights standards;


• Ensure that they know the penalties for violations and that they will be disciplined;
• Anticipate the standards that they might violate;
• Insist that they adopt behaviour to avoid mistakes or personal weaknesses;
• Anticipate what action you must take if they do violate human rights;
• If they violate human rights, immediately take the appropriate action in keeping with UN
rules and procedures, and look to mitigate the harm done;
• Fully document all human rights violations and action taken; and
• Inform victims of action taken and ensure they receive reparation.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 107

Guideline for Investigating Alleged Misconduct

Have impartial, transparent, and openly accessible mechanisms to investigate allegations. For
example, the following mechanisms could apply.

1. Suspicions: Where a peacekeeper has concerns or suspicions regarding human rights


misconduct by a fellow peacekeeper or any other mission partners, they must report such
concerns via established reporting mechanisms.

2. Accessibility: Force commanders and certain other subordinate commanders shall


appoint sufficiently senior peacekeepers to serve as focal points for receiving reports of
human rights violations. There must be independent Military Police mechanisms. UN
mission SRSGs, relevant staff, and other internationals, as well as the local population,
must be properly informed of the existence and role of those focal points and of how to
contact them.

3. Investigation: Commanders are responsible for taking appropriate action in cases where
there is reason to believe that there is human rights misconduct by peacekeepers. Action
shall be taken in accordance with established rules and procedures for dealing with
misconduct.

Note on National or UN Authorities: If after proper investigation there is evidence to support


allegations of human rights misconduct, those cases being handled to that point by the UN may,
upon consultation with UNHQ, be referred to national authorities for their action, including
criminal prosecution.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 108

Case Study – “Reputations at Risk”

UNPRO has been working hard to get public support for its efforts to counter criminal
gang activities in OL Southeast, including along the border with Whiteland and in the port of
Ervinport. Col. Zebz and his “militia” have been trying to portray themselves as the victims, but
at long last it seems as if the public at large are realising that Zebz and his people are merely
common criminals. A major part of this turn-around in public perception has been UNPRO's
PsyOp Honest & Open. Operation Honest & Open has emphasised how ethical and fair UNPRO
is, while at the same time showing that Col. Zebz is breaching criminal laws to enrich himself by
drug-running and trafficking in women.

1. You are a section commander doing dock security in Ervinport OL. Your six-month tour is
over in three weeks, and you are proud that you have managed to keep a couple of your
wilder troopers in line. However, you have just learned that half of the section got into a bar-
fight when they were off-duty. They lost the fight, but they waited for one of the
Orangelandians, caught him, took him back to the docks, and proceeded to beat him so
severely that he died. What should you do?

2. You are a platoon commander getting ready to head home two weeks from now with your
battalion. You have just learned that last week one of your section commanders literally
buried an Orangelandian who was beaten to death by four of his section who were off-duty at
the time. Apparently, the corporal and two of his section put the body in a truck and buried
it in the dump at the north edge of town. Now that they have attempted to avoid justice, the
court-martials are very likely to result in prison time and a dishonourable discharge. What
should you do?

3. You are a battalion commander getting ready to take the battalion home in a week. The tour
has been a real success, and the battalion's rear guard in your home country has made all
sorts of home-coming arrangements. They even convinced your national president to meet
the battalion as it de-planes. Your home country is coming out of an economic recession,
and the public media there has been using the success of your battalion as a good-news story
– the country is so proud of your battalion! But your second-in-command has just confirmed
the rumour about the beating death and the burying of the body. Charging those responsible
for covering up the actions of the section commander who buried the Orangelandian is really
going to have a negative impact back home. Also, you have been really happy with the
battalion's PsyOp Honest & Open. The local Orangelandians think that your battalion and
UNPRO are absolutely honourable and can be trusted to always do the right thing. You
figure that UNPRO's reputation is really going to suffer and ruin one of the proudest
achievements of your tour. What should you do?

4. You are a MilFor commander and have just found out that one of the battalions in Ervinport
was involved in hiding the fact that a couple of their off-duty peacekeepers beat an
Orangelandian to death. The battalion left the mission area over a month ago, and you hope
that their government will agree to send over another battalion. Nobody on the Orangeland
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 109

side seems to know what happened. The victim appears to have been a Zebz thug, and it is
assumed that Zebz had him eliminated because he was skimming profits from the smuggling
in Eastport. That interpretation has actually helped in the ongoing PsyOps to convince the
locals that UNPRO is on the side of the OL public and that Zebz is the head of a criminal
gang. What should you do?

Consider the following key issues:

• Justice must prevail. The original violation and each successive cover-up must receive
the appropriate punishment.
• The truth will come out. Each delay only compounds the original criminal act and will
serve to “criminalise” those who are covering up.
• Some of the strongest reputations are built upon individuals making the hard decisions to
do what is right when easy-but-wrong options are available.

Consider the following questions:

What was the proper action to take rather than trying to hide the truth?

The proper action is not just “telling the truth,” but it is also using the chance to
argue publicly that, while the various violations of subordinates were wrong,
justice was being implemented and that this process was reflective of the core
values of the uniformed peacekeepers and the UN.

What are the possible negative outcomes of making the wrong decision and covering up,
both if caught and if not found out?

Even if it does not become public, the act of hiding criminal acts and misconduct
will have a negative effect on the morale and professional integrity of those
military personnel who know what happened. It is very likely that a lot of
military personnel will know. Another side-effect of this situation would be to
imply that human rights violations and personal misconduct will not be
disciplined by the military.

Update and consequences:

• The MilFor commander decided to remain silent.


• However a month later, the Lieutenant went public. His conscience was bothering him,
and his religious advisor encouraged him to tell the truth.
• The MilFor Commander was relieved of his UN command almost immediately and is
presently facing court-martial back home for acts to the prejudice of good order and
discipline. Even if found innocent, his military career is over.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 110

• The battalion commander has been told that he will not be receiving his promotion to
Brigadier-General and may face a court-martial. His country's national media, which had
been praising him, his battalion, and the nation's military, now feel they were “deceived”
and are starting to write stories about how corrupt and unprofessional the military are.
There are calls by the political opposition for an independent public inquiry into how the
nation's political and military leaders could have allowed this to happen. The platoon
commander, section commander, and the four section members are certainly going to be
court-martialled.
• Meanwhile, back in Orangeland, Col. Zebz is calling for compensation for the “innocent”
victim, and the public seems to be accepting his claim that UNPRO has been using such
“dirty” tactics for quite some time and that it is high time for UNPRO to leave.

Consider this worst-case scenario with what the probable result would have been if those
who did the beating had immediately reported the death. The final point to be made is that there
is increasing scrutiny of UN missions to ensure that they are operating ethically and legally, and
that scrutiny applies to uniformed peacekeepers, as well. The level of human rights conduct
demanded of UN personnel is rising, as clearly shown by the SG Bulletin of 2003 on sexual
exploitation and sexual abuse (see Appendix C).
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 111

LESSON 8
END-OF-LESSON QUIZ

1. Members of national peacekeeping contingents are subject to the exclusive jurisdiction of:
a. Their nation states;
b. The host country;
c. The UN convening authority;
d. None of the above.

2. Primary responsibility for the maintenance of good order and discipline rests with:
a. The peacekeeper himself;
b. The host country;
c. The Contingent Commander;
d. The Chief Administrative Officer.

3. Measures that may be invoked for military observers following a finding of serious
misconduct include all of the following EXCEPT:
a. Removal from position of command;
b. Recommendation to repatriate;
c. Oral reprimand;
d. Written censure.

4. The task of monitoring UN personnel conduct and behaviour is left to:


a. DPKO;
b. The Personnel Conduct Officer;
c. UN Police;
d. UN Military Observers.

5. When reporting on child soldiers, peacekeepers should be sure to complete a checklist that
includes:
a. Place of origin;
b. Physical condition;
c. Post-conflict expectations;
d. All of the above.
Lesson 8 / UN Guidelines and Procedures on Discipline for Uniformed Peacekeepers 112

6. Troop-contributing countries have what type of criminal jurisdiction over their military?
a. Limited;
b. Exclusive;
c. Contingent;
d. They have no criminal jurisdiction over their military.

7. Although peacekeepers are given certain immunities, the Secretary-General retains both the
duty and the right to waive any immunity that “would impede the course of justice” in
instances of violations and misconduct.
a. True
b. False

8. When a peacekeeper becomes aware of a human rights violation, they should take all of the
following actions EXCEPT:
a. Direct victims to organisations that may provide support;
b. Report the violation immediately;
c. Cover up the violation to protect the national reputation;
d. Alleviate the suffering of the victim.

9. Peacekeepers must comply with:


a. National law;
b. Directives issued by the United Nations;
c. Human rights standards contained in international law;
d. All of the above.

10. If the troop-contributing country does not have the capability to discipline its members in
response to human rights violations, the United Nations can use its own military justice
mechanisms to do so.
a. True
b. False

ANSWER KEY:
1a, 2c, 3c, 4b, 5d, 6b, 7a, 8c, 9d, 10b
Appendix A / Table of Acronyms 113

APPENDIX A: TABLE OF ACRONYMS

Acronym Meaning

AIDS Acquired Immune Deficiency Syndrome


AP Anti Personnel (Mines)
ARV Antiretroviral Drug
CAO Chief Administrative Officer
CIMIC Civil-Military Coordination
CIVPOL Civilian Police
CMO Chief Military Observer
COE Contingent-Owned Equipment
CRC Convention on the Rights of the Child
CSO Chief Security Officer
DDR Disarmament, Demobilisation, and Reintegration
DPKO Department of Peacekeeping Operations
ECOSOC Economic and Social Council
FC Force Commander
GA General Assembly
HC Humanitarian Coordinator
HIV Human Immunodeficiency Virus
HOM Head of Mission
ICRC International Committee of the Red Cross
ICCPR International Covenant on Civil and Political Rights
IDP Internally Displaced Persons
IHL International Humanitarian Law
ITS Integrated Training Service
LOAC Law of Armed Conflict
MEDEVAC Medical Evacuation
MILOBS (UN) Military Observers
MOU Memorandum of Understanding
MSA Meal and Subsistence Allowance
Appendix A / Table of Acronyms 114

Acronym Meaning

NGO Non-Governmental Organisation


OCHA Office for the Coordination of Humanitarian Affairs
PCO Personnel Conduct Officer
PIO Public Information Office(r)
PKF Peacekeeping Forces
PKO Peacekeeping Operation
PX Post Exchange
ROE Rules of Engagement
SC Security Council
SEA Sexual Exploitation and Abuse
SG Secretary-General
SOFA Status of Forces Agreement
SOP Standard Operating Procedures
SRSG Special Representative to the Secretary-General
STI Sexually Transmitted Infection
TCC Troop-Contributing Country
UDHR Universal Declaration of Human Rights
UNCT United Nations Country Team
UNDP United Nations Development Programme
UNHCR United Nations High Commissioner for Refugees
UNHOC United Nations Humanitarian Operations Centre
UNHQ United Nations Headquarters
UNICEF United Nations Children’s Fund
UNMO United Nations Military Observers
UNOE United Nations Owned Equipment
UNPKO United Nations Peacekeeping Operations
UNSCR United Nations Security Council Resolution
Appendix B / We are United Nation Peacekeepers 115

APPENDIX B: WE ARE UNITED NATIONS


PEACEKEEPERS

• The United Nations Organisation embodies the aspirations of all the people of the world for
peace. In this context the United Nations Charter requires that all personnel must maintain
the highest standards of integrity and conduct.

• We will comply with the Guidelines on International Humanitarian Law for Forces
Undertaking United Nations Peacekeeping Operations and the applicable portions of the
Universal Declaration of Human Rights as the fundamental basis of our standards.

• We, as peacekeepers, represent the United Nations and are present in the country to help it
recover from the trauma of a conflict. As a result, we must consciously be prepared to accept
special constraints in our public and private lives in order to do the work and to pursue the
ideals of the United Nations Organisation.

• We will be accorded certain privileges and immunities arranged through agreements


negotiated between the United Nations and the host country solely for the purpose of
discharging our peacekeeping duties. Expectations of the world community and the local
population will be high and our actions, behaviour, and speech will be closely monitored.

We will always:

• Conduct ourselves in a professional and disciplined manner, at all times;


• Dedicate ourselves to achieving the goals of the United Nations;
• Understand the mandate and mission and comply with their provisions;
• Respect the environment of the host country;
• Respect local customs and practices through awareness and respect for the culture,
religion, traditions, and gender issues;
• Treat the inhabitants of the host country with respect, courtesy, and consideration;
• Act with impartiality, integrity, and tact;
• Support and aid the infirm, sick, and weak;
• Obey our United Nations superiors and respect the chain of command;
• Respect all other peacekeeping members of the mission regardless of status, rank, ethnic
or national origin, race, gender, or creed;
• Support and encourage proper conduct among our fellow peacekeepers;
• Maintain proper dress and personal deportment at all times;
• Properly account for all money and property assigned to us as members of the mission; and
• Care for all United Nations equipment placed in our care.
Appendix B / We are United Nation Peacekeepers 116

We will never:

• Bring discredit upon the United Nations, or our nations through improper personal
conduct, failure to perform our duties or abuse of our positions as peacekeepers;
• Take any action that might jeopardise the mission;
• Abuse alcohol, use drugs, or traffic in drugs;
• Make unauthorised communications to external agencies, including unauthorised press
statements;
• Improperly disclose or use information gained through our employment;
• Use unnecessary violence or threaten anyone in custody;
• Commit any act that could result in physical, sexual or psychological harm or suffering to
members of the local population, especially women and children;
• Become involved in sexual liaisons which could affect our impartiality, or the well-being
of others;
• Be abusive or uncivil to any member of the public;
• Wilfully damage or misuse any United Nations property or equipment;
• Use a vehicle improperly or without authorisation;
• Collect unauthorised souvenirs;
• Participate in any illegal activities, corrupt or improper practices; or
• Attempt to use our positions for personal advantage, to make false claims or accept
benefits to which we are not entitled.

We realise that the consequences of failure to act within these guidelines may:

• Erode confidence and trust in the United Nations;


• Jeopardise the achievement of the mission; and
• Jeopardise our status and security as peacekeepers.
Appendix C / Secretary-General’s Bulletin on Sexual Exploitation and Abuse 117

APPENDIX C: SECRETARY-GENERAL’S BULLETIN ON


SEXUAL EXPLOITATION AND ABUSE

United Nations ST/SGB/2003/13


Secretariat
9 October 2003

Secretary-General’s Bulletin
Special measures for protection from sexual exploitation and
sexual abuse
The Secretary-General, for the purpose of preventing and addressing
cases of sexual exploitation and sexual abuse, and taking into consideration
General Assembly resolution 57/306 of 15 April 2003, “Investigation into
sexual exploitation of refugees by aid workers in West Africa”, promulgates
the following in consultation with Executive Heads of separately administered
organs and programmes of the United Nations:

Section 1
Definitions
For the purposes of the present bulletin, the term “sexual exploitation”
means 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.
Similarly, the term “sexual abuse” means the actual or threatened physical
intrusion of a sexual nature, whether by force or under unequal or coercive
conditions.

Section 2
Scope of application
2.1 The present bulletin shall apply to all staff of the United Nations,
including staff of separately administered organs and programmes of the
United Nations.
2.2 United Nations forces conducting operations under United Nations
command and control are prohibited from committing acts of sexual
exploitation and sexual abuse, and have a particular duty of care towards
women and children, pursuant to section 7 of Secretary-General’s bulletin
ST/SGB/1999/13, entitled “Observance by United Nations forces of
international humanitarian law”.
Appendix C / Secretary-General’s Bulletin on Sexual Exploitation and Abuse 118

2.3 Secretary-General’s bulletin ST/SGB/253, entitled “Promotion of equal


treatment of men and women in the Secretariat and prevention of sexual
harassment”, and the related administrative instruction1 set forth policies and
procedures for handling cases of sexual harassment in the Secretariat of the
United Nations. Separately administered organs and programmes of the United
Nations have promulgated similar policies and procedures.
Section 3
Prohibition of sexual exploitation and sexual abuse
3.1 Sexual exploitation and sexual abuse violate universally recognized
international legal norms and standards and have always been unacceptable
behaviour and prohibited conduct for United Nations staff. Such conduct is
prohibited by the United Nations Staff Regulations and Rules.
3.2 In order to further protect the most vulnerable populations, especially
women and children, the following specific standards which reiterate existing
general obligations under the United Nations Staff Regulations and Rules, are
promulgated:
(a) Sexual exploitation and sexual abuse constitute acts of serious
misconduct and are therefore grounds for disciplinary measures, including
summary dismissal;
(b) Sexual activity with children (persons under the age of 18) is
prohibited regardless of the age of majority or age of consent locally. Mistaken
belief in the age of a child is not a defence;
(c) Exchange of money, employment, goods or services for sex,
including sexual favours or other forms of humiliating, degrading or
exploitative behaviour, is prohibited. This includes any exchange of assistance
that is due to beneficiaries of assistance;
(d) Sexual relationships between United Nations staff and beneficiaries
of assistance, since they are based on inherently unequal power dynamics,
undermine the credibility and integrity of the work of the United Nations and
are strongly discouraged;
(e) Where a United Nations staff member develops concerns or
suspicions regarding sexual exploitation or sexual abuse by a fellow worker,
whether in the same agency or not and whether or not within the United
Nations system, he or she must report such concerns via established reporting
mechanisms;
(f) United Nations staff are obliged to create and maintain an
environment that prevents sexual exploitation and sexual abuse. Managers at
all levels have a particular responsibility to support and develop systems that
maintain this environment.
3.3 The standards set out above are not intended to be an exhaustive list.
Other types of sexually exploitive or sexually abusive behaviour may be
grounds for administrative action or disciplinary measures, including summary
dismissal, pursuant to the United Nations Staff Regulations and Rules.

1 Currently ST/AI/379, entitled “Procedures for dealing with sexual harassment”.


Appendix C / Secretary-General’s Bulletin on Sexual Exploitation and Abuse 119

Section 4
Duties of Heads of Departments, Offices and Missions
4.1 The Head of Department, Office or Mission, as appropriate, shall be
responsible for creating and maintaining an environment that prevents sexual
exploitation and sexual abuse, and shall take appropriate measures for this
purpose. In particular, the Head of Department, Office or Mission shall inform
his or her staff of the contents of the present bulletin and ascertain that each staff
member receives a copy thereof.
4.2 The Head of Department, Office or Mission shall be responsible for
taking appropriate action in cases where there is reason to believe that any of
the standards listed in section 3.2 above have been violated or any behaviour
referred to in section 3.3 above has occurred. This action shall be taken in
accordance with established rules and procedures for dealing with cases of
staff misconduct.
4.3 The Head of Department, Office or Mission shall appoint an official, at a
sufficiently high level, to serve as a focal point for receiving reports on cases
of sexual exploitation and sexual abuse. With respect to Missions, the staff of
the Mission and the local population shall be properly informed of the
existence and role of the focal point and of how to contact him or her. All
reports of sexual exploitation and sexual abuse shall be handled in a
confidential manner in order to protect the rights of all involved. However,
such reports may be used, where necessary, for action taken pursuant to
section 4.2 above.
4.4 The Head of Department, Office or Mission shall not apply the standard
prescribed in section 3.2 (b), where a staff member is legally married to
someone under the age of 18 but over the age of majority or consent in their
country of citizenship.
4.5 The Head of Department, Office or Mission may use his or her discretion
in applying the standard prescribed in section 3.2 (d), where beneficiaries of
assistance are over the age of 18 and the circumstances of the case justify an
exception.
4.6 The Head of Department, Office or Mission shall promptly inform the
Department of Management of its investigations into cases of sexual
exploitation and sexual abuse, and the actions it has taken as a result of such
investigations.

Section 5
Referral to national authorities
If, after proper investigation, there is evidence to support allegations of
sexual exploitation or sexual abuse, these cases may, upon consultation with
the Office of Legal Affairs, be referred to national authorities for criminal
prosecution.

Section 6
Cooperative arrangements with non-United Nations entities or individuals
6.1 When entering into cooperative arrangements with non-United Nations
entities or individuals, relevant United Nations officials shall inform those
entities or individuals of the standards of conduct listed in section 3, and shall
receive a written undertaking from those entities or individuals that they
accept these standards.
Appendix C / Secretary-General’s Bulletin on Sexual Exploitation and Abuse 120

6.2 The failure of those entities or individuals to take preventive measures


against sexual exploitation or sexual abuse, to investigate allegations thereof,
or to take corrective action when sexual exploitation or sexual abuse has
occurred, shall constitute grounds for termination of any cooperative
arrangement with the United Nations.

Section 7
Entry into force
The present bulletin shall enter into force on 15 October 2003.

(Signed) Kofi A. Annan


Secretary-General
Appendix D / Security Council Resolution 1539 (2004) 121

APPENDIX D: SECURITY COUNCIL


RESOLUTION 1539 (2004)

United Nations S/RES/1539 (2004)


Security Council Distr.: General

22 April 2004

Resolution 1539 (2004)


Adopted by the Security Council at its 4948th meeting,
on 22 April 2004

The Security Council,


Reaffirming its resolutions 1261 (1999) of 25 August 1999, 1314 (2000)
of 11 August 2000, 1379 (2001) of 20 November 2001, and 1460 (2003) of 30
January 2003 which provide a comprehensive framework for addressing the
protection of children affected by armed conflict,
Recalling its resolution 1308 (2000) on the responsibility of the Security
Council in the maintenance of peace and security: HIV/AIDS and International
Peacekeeping Operations and its resolution 1325 (2000) on Women, Peace and
Security,
While noting the advances made for the protection of children affected
by armed conflict, particularly in the areas of advocacy and the development
of norms and standards, remaining deeply concerned over the lack of overall
progress on the ground, where parties to conflict continue to violate with
impunity the relevant provisions of applicable international law relating to the
rights and protection of children in armed conflict,
Recalling the responsibilities of States to end impunity and to prosecute
those responsible for genocide, crimes against humanity, war crimes and other
egregious crimes perpetrated against children,
Reiterating its primary responsibility for the maintenance of international
peace and security and, in this connection, its commitment to address the
widespread impact of armed conflict on children,
Underlining the importance of the full, safe and unhindered access of
humanitarian personnel and goods and the delivery of humanitarian assistance
to all children affected by armed conflict,
Noting the fact that the conscription or enlistment of children under the
age of 15 or using them to participate actively in hostilities in both
Appendix D / Security Council Resolution 1539 (2004) 122

international and non-international armed conflict is classified as a war crime


by the Rome Statute of the International Criminal Court and noting also that
the Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict requires States parties to set a
minimum age of 18 for compulsory recruitment and participation in hostilities
and to raise the minimum age for voluntary recruitment from that set out in
article 38, paragraph 3, of the Convention on the Rights of the Child and to
take all feasible measures to ensure that members of their armed forces who
have not attained the age of 18 years do not take a direct part in hostilities,
Stressing its determination to ensure respect for its resolutions and other
international norms and standards for the protection of children affected by
armed conflict,
Having considered the report of the Secretary-General of 10 November
2003 pursuant to paragraph 16 of its resolution 1460 (2003) and stressing that
the present resolution does not seek to make any legal determination as to
whether situations which will be referred in the Secretary-General’s report are
or are not armed conflicts within the context of the Geneva Conventions and
the Additional Protocols thereto, nor does it prejudge the legal status of the
non-State parties involved in these situations,
1. Strongly condemns the recruitment and use of child soldiers by
parties to armed conflict in violation of international obligations applicable to
them, killing and maiming of children, rape and other sexual violence mostly
committed against girls, abduction and forced displacement, denial of
humanitarian access to children, attacks against schools and hospitals as well
as trafficking, forced labour and all forms of slavery and all other violations
and abuses committed against children affected by armed conflict;
2. Requests the Secretary-General, taking into account the proposals
contained in his report as well as any other relevant elements, to devise
urgently and preferably within three months, an action plan for a systematic
and comprehensive monitoring and reporting mechanism, which utilizes
expertise from the United Nations system and the contributions of national
Governments, regional organizations, non-governmental organizations in their
advisory capacity and various civil society actors, in order to provide timely,
objective, accurate and reliable information on the recruitment and use of child
soldiers in violation of applicable international law and on other violations and
abuses committed against children affected by armed conflict, for
consideration in taking appropriate action;
3. Expresses its intention to take appropriate measures, in particular
while considering subregional and cross-border activities, to curb linkages
between illicit trade in natural and other resources, illicit trafficking in small
arms and light weapons, cross-border abduction and recruitment, and armed
conflict, which can prolong armed conflict and intensify its impact on
children, and consequently requests the Secretary-General to propose effective
measures to control this illicit trade and trafficking;
4. Calls upon all parties concerned to abide by the international
obligations applicable to them relating to the protection of children affected by
armed conflict, as well as the concrete commitments they have made to the
Special Representative of the Secretary-General for Children and Armed
Conflict, to UNICEF and other United Nations agencies, and to cooperate
fully with the United Nations peacekeeping missions and United Nations
country teams, where appropriate in the context of the cooperation framework
between the United Nations and the concerned government, in the follow-up
and implementation of these commitments;
Appendix D / Security Council Resolution 1539 (2004) 123

5. Takes note with deep concern of the continued recruitment and use
of children by parties mentioned in the Secretary-General’s report in situations
of armed conflict which are on its agenda, in violation of applicable
international law relating to the rights and protection of children and, in this
regard:
(a) Calls upon these parties to prepare within three months concrete
time-bound action plans to halt recruitment and use of children in violation of
the international obligations applicable to them, in close collaboration with
United Nations peacekeeping missions and United Nations country teams,
consistent with their respective mandates;
(b) Requests the Secretary-General, in order to promote an effective
and coordinated follow-up to this resolution, to ensure that compliance by
these parties is reviewed regularly, within existing resources, through a
process involving all stakeholders at the country level, including government
representatives, and coordinated by a focal point to be designated by the
Secretary-General and in charge of engaging parties in dialogue leading to
time-bound action plans, so as to report to the Secretary-General through his
Special Representative by 31 July 2004, bearing in mind lessons learned from
past dialogues as contained in paragraph 77 of the Secretary-General’s report;
(c) Expresses its intention to consider imposing targeted and graduated
measures, through country-specific resolutions, such as, inter alia, a ban on the
export or supply of small arms and light weapons and of other military
equipment and on military assistance, against these parties if they refuse to
enter into dialogue, fail to develop an action plan or fail to meet the
commitments included in their action plan, bearing in mind the Secretary-
General’s report;
6. Also takes note with deep concern of the continued recruitment and
use of children by parties in other situations of armed conflict mentioned in
the Secretary-General’s report, in violation of applicable international law
relating to the rights and protection of children, calls on these parties to halt
immediately their recruitment or use of children and expresses, on the basis of
timely, objective, accurate and reliable information received from relevant
stakeholders, its intention to consider taking appropriate steps to further
address this issue, in accordance with the Charter of the United Nations, its
resolutions 1379 (2001) and 1460 (2003) and the present resolution;
7. Decides to continue the inclusion of specific provisions for the
protection of children in the mandates of United Nations peacekeeping
operations, including, on a case-by-case basis, the deployment of child
protection advisers (CPAs), and requests the Secretary-General to ensure that
the need for, and the number and roles of CPAs are systematically assessed
during the preparation of each United Nations peacekeeping operation;
8. Reiterates its requests to all parties concerned, including United
Nations agencies, funds and programmes as well as financial institutions, to
continue to ensure that all children associated with armed forces and groups,
as well as issues related to children, are systematically included in every
disarmament, demobilization and reintegration process, taking into account the
specific needs and capacities of girls, with a particular emphasis on education,
including the monitoring, through, inter alia, schools, of children demobilized
in order to prevent re-recruitment and bearing in mind the assessment of best
practices, including those contained in paragraph 65 of the report of the
Secretary-General;
Appendix D / Security Council Resolution 1539 (2004) 124

9. Calls upon States and the United Nations system to recognize the
important role of education in conflict areas in halting and preventing
recruitment and re-recruitment of children contrary to the obligations of
parties to conflict;
10. Notes with concern all the cases of sexual exploitation and abuse of
women and children, especially girls, in humanitarian crisis, including those
cases involving humanitarian workers and peacekeepers, requests contributing
countries to incorporate the Six Core Principles of the Inter-Agency Standing
Committee on Emergencies into pertinent codes of conduct for peacekeeping
personnel and to develop appropriate disciplinary and accountability
mechanisms and welcomes the promulgation of the Secretary-General’s
bulletin on special measures for protection from sexual exploitation and sexual
abuse;
11. Requests the agencies, funds and programmes of the United
Nations, with support from contributing countries, to implement HIV/AIDS
education and offer HIV testing and counselling services for all United
Nations peacekeepers, police and humanitarian personnel;
12. Welcomes recent initiatives by regional and subregional
organizations and arrangements for the protection of children affected by
armed conflict and, in this regard, notes the adoption by ECOWAS of a peer
review framework on the protection of children and the adoption of
“Guidelines on Children and Armed Conflict” by the European Union and
encourages such organizations and arrangements, in cooperation with the
United Nations, to pursue their efforts, through, inter alia:
(a) Mainstreaming the protection of children affected by armed conflict
into their advocacy, policies and programmes, paying special attention to girls;
(b) Developing peer review and monitoring and reporting mechanisms;
(c) Establishing, within their secretariats, child protection mechanisms;
(d) Including child protection staff and training in their peace and field
operations;
(e) Undertaking sub- and interregional initiatives to end activities
harmful to children in times of conflict, in particular, cross-border recruitment
and abduction of children, illicit movement of small arms, and illicit trade in
natural resources;
13. Encourages support for the development and strengthening of
capacities of national and regional institutions and local and regional civil
society networks to ensure the sustainability of local initiatives for advocacy,
protection and rehabilitation of children affected by armed conflict;
14. Reiterates its request to the Secretary-General to ensure that in all
his reports on country-specific situations, the protection of children is included
as a specific aspect of the report and expresses its intention to give its full
attention to the information provided therein when dealing with those
situations on its agenda and in this regard stresses the primary responsibility of
the United Nations peacekeeping missions and United Nations country teams,
consistent within their respective mandates, to ensure effective follow-up to
this and the other resolutions;
15. Further requests the Secretary-General to submit a report by 31
October 2004 on the implementation of this resolution and its resolutions 1379
(2001) and 1460 (2003) which would include, inter alia:
Appendix D / Security Council Resolution 1539 (2004) 125

(a) Information on compliance and progress made by parties mentioned


in his report in situations of armed conflict which are on the agenda of the
Security Council, in accordance with paragraph 5, as well as by parties in
other situations of armed conflict mentioned in his report, in accordance with
paragraph 6, in ending the recruitment or use of children in armed conflict in
violation of applicable international law relating to the rights and protection of
children, bearing in mind all other violations and abuses committed against
children affected by armed conflict;
(b) Information on progress made regarding the action plan requested
in paragraph 2 that calls for a systematic and comprehensive monitoring and
reporting mechanism;
(c) The incorporation of best practices for DDR programmes outlined
in his report;
16. Decides to remain actively seized of this matter.
Appendix E / The Universal Declaration of Human Rights 126

APPENDIX E: THE UNIVERSAL DECLARATION OF


HUMAN RIGHTS

Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948

On December 10, 1948 the General Assembly of the United Nations adopted and
proclaimed the Universal Declaration of Human Rights the full text of which appears in the
following pages. Following this historic act the Assembly called upon all Member countries to
publicise the text of the Declaration and “to cause it to be disseminated, displayed, read and
expounded principally in schools and other educational institutions, without distinction based on
the political status of countries or territories.”

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the
world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which
have outraged the conscience of mankind, and the advent of a world in which human
beings shall enjoy freedom of speech and belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to


rebellion against tyranny and oppression, that human rights should be protected by the
rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress and better
standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the
United Nations, the promotion of universal respect for and observance of human rights
and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest


importance for the full realisation of this pledge,
Appendix E / The Universal Declaration of Human Rights 127

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL


DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples
and all nations, to the end that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and education to promote respect for
these rights and freedoms and by progressive measures, national and international, to secure their
universal and effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status. Furthermore, no
distinction shall be made on the basis of the political, jurisdictional or international status
of the country or territory to which a person belongs, whether it be independent, trust,
non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or


punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination.
Appendix E / The Universal Declaration of Human Rights 128

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.

Article 11

(1) Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the time
when it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to
the protection of the law against such interference or attacks.

Article 13

(1) Everyone has the right to freedom of movement and residence within the borders of
each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

(1) Everyone has the right to seek and to enjoy in other countries asylum from
persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.
Appendix E / The Universal Declaration of Human Rights 129

Article 15

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change
his nationality.

Article 16

(1) Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending
spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.

Article 17

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom
to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.

Article 20

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.


Appendix E / The Universal Declaration of Human Rights 130

Article 21

(1) Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall
be expressed in periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to
realisation, through national effort and international co-operation and in accordance with
the organisation and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.

Article 23

(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.

Article 25

(1) Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.
Appendix E / The Universal Declaration of Human Rights 131

Article 26

(1) Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and
shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27

(1) Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms
set forth in this Declaration can be fully realised.

Article 29

(1) Everyone has duties to the community in which alone the free and full development
of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition
and respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person
any right to engage in any activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.
End-of-Course Examination Instructions 132

End-of-Course
Examination Instructions

The End-of-Course Examination is provided as


a separate component of this course.

The examination questions cover the material in


all the lessons of this course.

Read each question carefully and


follow the provided instructions to submit your exam for scoring.
End-of-Course Examination Instructions 133

INFORMATION ABOUT THE END-OF-COURSE EXAMINATION

Format of Questions

The End-of-Course Examination consists of 50 questions. Exam questions generally give


you a choice of answers, marked as A, B, C, or D. You may choose only one response as the
correct answer.

Time Limit to Complete the End-of-Course Examination

Because your enrolment in the course is valid for one year only, the examination must be
submitted before your enrolment expires.

Passing Grade

A score of 75% is the minimum score required for a passing grade. You will be
presented with an electronic Certificate of Completion when you pass your exam. If your score
is less than 75%, you will be informed that you have received a failing grade. You will be
provided with an alternate version of the End-of-Course Examination, which you may complete
when you feel you are ready. If you pass the second version of the examination, you will be
presented with an electronic Certificate of Completion. If you fail the second time, you will be
informed and dis-enrolled from the course.

TO VIEW OR SUBMIT YOUR EXAMINATION,


PLEASE VISIT THE WEBSITE FOR YOUR
TRAINING PROGRAMME.

IF YOU ARE UNSURE OF YOUR


PROGRAMME’S WEBSITE, VISIT
HTTP://WWW.PEACEOPSTRAINING.ORG/JOIN.
End-of-Course Examination Instructions 134

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ABOUT THE AUTHORS

Ms. Anne Elias holds a Master's Degree in International and Macro-Economics


and Law from Utrecht University in the Netherlands. She has field experience in
human rights projects in Guatemala and at UN Headquarters in the Department of
Peacekeeping Operations Training and Evaluation Service. As of 2005, Ms. Elias
was serving as a consultant with Berenschot and specialising in issues that face
the governmental and non-profit sector.

Lt Col Michael Mc Dermott is currently based in New York as a Training


Officer with the Training and Evaluation Service, Military Division, Department
of Peacekeeping Operations on a two-year secondment from the Irish Defence
Forces. During his military career to date, Lt Col Mc Dermott has served in a
wide variety of command, staff, operational, logistic and training appointments in
Ireland and overseas, including UNIFIL Lebanon 1980/1981 and 1987, United
Nations Truce Supervision Organisation (UNTSO) 1989/1990/1991, 1995 US-led
Multinational Force (MNF) in Haiti which "double hatted" to become the United
Nations Mission in Haiti (UNMIH), and was the Contingent Commander of the
Irish Unit in KOSOVO (KFOR) in 2000.

Ethics 090201
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Courses Offered by the Peace Operations Training Institute

As of January 2012

COURSE NAME ENGLISH FRENCH SPANISH


An Introduction to the UN System   
Civil-Military Coordination (CIMIC)   
Commanding UN Peacekeeping Operations   
The Conduct of Humanitarian Relief Ops   
Disarmament, Demobilization and Reintegration   
Ethics in Peacekeeping   
Gender Perspectives in UN Peacekeeping Ops   
History of UN Peacekeeping 1945–1987   
History of UN Peacekeeping 1988–1996   
History of UN Peacekeeping 1997–2006   
Human Rights 
Implementation of SCR 1325 (2000) in Africa 
Implementation of SCR 1325 (2000) in LAC 
International Humanitarian Law   
Logistical Support to UN Peacekeeping Ops   
Operational Logistical Support   
Advanced Topics in UN Logistics (COE)   
Mine Action   
Peacekeeping & International Conflict Resolution   
Preventing Violence Against Women   

Principles and Guidelines for UN Peacekeeping Ops 

United Nations Military Observers   


United Nations Police   

Thank you for your interest in our courses.


We are committed to bringing essential, practical knowledge to our students, and
we are always working to expand our curriculum. The most up-to-date course list
complete with available translations, including Arabic and Portuguese,
may be found on our website.

For the latest announcements and to enrol in our courses,


please visit our website at http://www.peaceopstraining.org/.
Peace Operations Training Institute
®
www.peaceopstraining.org

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