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

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

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

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Contents of Module

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

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Learning Outcomes

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

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Overview of SEA Factual and Legislative History

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

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Overview of SEA Main Zeid Recommendations

• Emphasize rules on standards of conduct
• Strengthen investigations (OIOS)
• Ensure managerial command responsibility
• Ensure individual responsibility
• Create capacity to address misconduct

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UN Standards of Conduct

• Highest standards of efficiency, competence and
  integrity
• Zero tolerance standard on sexual exploitation
  and abuse
• Accountability of those in command who fail to
  enforce the standards of conduct

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UN Standards of Conduct Sources

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

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UN Standards of Conduct Sources

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

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Definition of MisconductStaff Rule 110.1

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

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Types of Misconduct

• Category 1 (serious misconduct)
• Sexual Exploitation and Abuse (SEA)
• Criminal activities e.g. fraud, smuggling
• Abuse of authority or staff
• Category 2 (minor misconduct)
• Traffic related incidents e.g. speeding
• Simple theft and fraud
• Sexual or other work-related harassment

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Reporting of Misconduct SGB 2005/21 (19
December 2005)

• UN personnel
• Have duty to report suspected misconduct
• Report in good faith supported by evidence
• Must cooperate with UN investigations
• Make reports to UN officials, to OIOS or to
  others in special circumstances
• Can report misconduct directly to OIOS without a
  need for supervisory approval (ST/SGB/273, para
  18)

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Reporting of Misconduct Protection Against
Retaliation

• ST/SGB/2005/21 (19 December 2005)
• Definition of Retaliation direct or indirect
  detrimental action recommended, threatened or
  taken against a person who reports misconduct
• Retaliation for reporting misconduct is
  prohibited
• As per OIOS mandate (ST/SGB/273, para 18 (f)), no
  action may be taken against staff who make
  reports or cooperate with OIOS. Disciplinary
  action shall be initiated if retaliatory action
  is taken or as a reprisal.
• Retaliation can be reported

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Definitions of Sexual Exploitation and Abuse

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

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Guidelines and Prohibitions on SEA as per
ST/SGB/2003/13

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

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DPKOs Three-pronged Approach

• Prevention
• Enforcement
• Remedial action

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Prevention

• Uniform standards
• Training
• Public Information
• Welfare Recreation

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Enforcement

• Complaints Mechanism/Reporting
• Investigations
• Data Management
• Follow-up

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Conduct and Discipline Units Strengthening
Capacity

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

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Status of Completed Cases (SEA)

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

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Remedial Action

• Victim assistance and compensation
• Reputation repair

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Remedial Action Victim Assistance

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

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Reputation Repair

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

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Managers Overall Responsibility

• Implement prevention, enforcement remedial
  policies
• Ensure misconduct prevention training
• Conduct periodic misconduct risk assessments
• Address potential or actual violations
• Report all misconduct to CDT

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Video Case Study

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

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Summary and Discussion

• Conduct and Discipline Unit
• DFS