VZCZCXYZ0004
RR RUEHWEB

DE RUCNDT #0923/01 1251412
ZNR UUUUU ZZH
R 051412Z MAY 06
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC 8928

UNCLAS USUN NEW YORK 000923 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: AORC KUNR PREL UNGA
SUBJECT: UN: OIOS REPORT ON SEXUAL EXPLOITATION AND ABUSE 
TO BE CONSIDERED BY FIFTH COMMITTEE 
 
¶1.  Summary:  The Office of Internal Oversight Services 
(OIOS), in response to a request from the Under 
Secretary-General for Peacekeeping Operations, conducted a 
 
SIPDIS 
global review, in April and May of 2005, of discipline in 
field missions led by the Department of Peacekeeping 
Operations (DPKO).  OIOS noted that while its report 
(A/60/713) covered the general subject of discipline, its 
findings and recommendations were generally in line with 
those contained in the report of the Permanent Representative 
of Jordan, Prince Zeid (A/59/710) on sexual exploitation and 
abuse (SEA) involving UN personnel, particularly regarding 
the need for a comprehensive strategy to eliminate future SEA 
in UN peacekeeping operations.  OIOS also noted that the 
Special Committee on Peacekeeping Operations (C-34), in the 
report on its 2005 session (A/59/19/Rev.1), endorsed certain 
recommendations in the Prince Zeid report. 
 
¶2.  Summary continued:  In its report, OIOS found that 
various forms of misconduct existed to varying degrees in all 
missions.  While acknowledging that efforts had been made to 
address the problem, OIOS concluded that guidance from 
Headquarters was inadequate in terms of policies, procedures 
and guidelines and that enforcement of policies and 
procedures at Headquarters and in the field was poor.  OIOS 
conveyed 28 recommendations in its report, including that 
DPKO should establish a dedicated full-time capacity at 
Headquarters and in the missions to address misconduct 
issues.  (See paragraphs 4-6 below for a more detailed review 
of the OIOS report and recommendations.)  (Comment: As 
mentioned above, OIOS conducted its review in April and May 
of 2005.  Its report was presented to DPKO in September of 
2005 and issued on March 8, 2006, following the inclusion of 
DPKO,s comments that indicated that the Department accepted 
the recommendations, and in many cases, had started to 
implement them.  End comment.) 
 
¶3.  Summary continued:  At its second resumed session this 
June, the Fifth Committee is also expected to consider the 
soon-to-be-released comprehensive report on SEA and conduct 
issues as called for in section XIV of the peacekeeping 
cross-cutting resolution (59/296).  It will also consider the 
provisions in peacekeeping budgets concerning Conduct and 
Discipline Teams (CDTs), and the related reports of the 
Advisory Committee on Administrative and Budgetary Questions 
(ACABQ).  In light of the timing of OIOS, review, a summary 
of the C-34,s consideration of SEA during its 2006 session 
is detailed in paragraphs 7-10 below.  End summary. 
 
- - - - - - - - - 
OIOS Report 
- - - - - - - - - 
 
¶4.  In response to a request from the Under Secretary-General 
for Peacekeeping Operations, OIOS conducted a global review, 
in April and May of 2005, of discipline in field missions led 
by the Department of Peacekeeping Operations (DPKO). The 
objective of the review was to assist DPKO senior management 
in determining a course of action to strengthen UN standards 
of conduct and to ensure full compliance with such standards. 
 To achieve this objective, OIOS: assessed the state of 
discipline in all 18 field missions led by DPKO, as well as 
the UN Logistics Base (UNLB) at Brindisi, Italy; identified 
gaps in relevant policies and procedures and; identified 
tools the missions need to maintain an environment of good 
order and adherence to the UN standards of conduct.  OIOS 
noted that while its report (A/60/713) covered the general 
subject of discipline, its findings and recommendations were 
generally in line with those contained in the report of the 
Permanent Representative of Jordan, Prince Zeid (A/59/710) on 
SEA involving UN personnel, particularly regarding the need 
for a comprehensive strategy to eliminate future SEA in UN 
peacekeeping operations.  OIOS also noted that the Special 
Committee on Peacekeeping Operations (C-34), in its 2005 
report (A/59/19/Rev.1), endorsed certain recommendations in 
the Prince Zeid report. 
 
¶5.  In its report, OIOS found that various forms of 
misconduct existed to varying degrees in all missions.  While 
acknowledging that efforts had been made to address the 
problem, OIOS made a number of observations on the UN,s lack 
of capacity and absence of provisions to adequately and 
comprehensively address misconduct. Among other things, OIOS 
concluded that guidance from Headquarters was inadequate in 
terms of policies, procedures and guidelines; enforcement of 
policies and procedures at Headquarters and in the field was 
poor; and resources and skills were insufficient to prevent 
misconduct and to enforce standards of conduct.  OIOS also 
noted that while management had made some efforts to address 
the problem, these efforts were made mainly in reaction to 
events and negative publicity and were inconsistent across 
missions.  Based on the results of its reviews, OIOS issued 
19 individual reports to management in the field recommending 
corrective actions. 
 
 
 
- - - - - - - - - - - - - - - - - - - - 
Recommendations of OIOS 
- - - - - - - - - - - - - - - - - - - - 
 
¶6.  The OIOS report contained 28 recommendations. Outlined 
below are some of the key recommendations needed to 
comprehensively address misconduct and prevent future 
incidents.  Many of these recommendations have already been 
implemented, or are in the process of being implemented, as 
detailed below in paragraphs 7 to 10: 
 
--  DPKO should establish a dedicated full-time capacity at 
Headquarters and in the missions to address misconduct 
issues, establish procedures and guidelines, ensure their 
consistent application and develop and implement prevention 
programs and data tracking to ensure that personnel act under 
&the highest standards of efficiency, competence and 
integrity8, as required by the UN Charter; 
--  DPKO, in close cooperation with appropriate legislative 
bodies, should develop a mechanism for upgrading 
peacekeepers, awareness of the UN Charter and the UN 
standards of conduct and encourage troop-contributing 
countries to provide training on discipline for all levels of 
uniformed personnel in the predeployment period; 
--  DPKO, in close cooperation with appropriate legislative 
bodies, should also consider creating, under the aegis of the 
C-34, a joint committee or working group, with 
representatives of the Secretariat and Member States, to 
monitor the conduct of peacekeepers and the enforcement of 
disciplinary mechanisms and accountability in the field; 
--  DPKO should establish procedures to include the 
implementation of measures to address misconduct in the 
field, especially SEA, in the performance goals of civilian 
managers and civilian police managers in their performance 
evaluations; 
--  The Office of Human Resources Management (OHRM), in 
conjunction with DPKO, should develop practical guidance on 
how to implement the SYG,s bulletin (ST/SGB/2003/13) on 
special measures for protection from SEA; 
--  DPKO should prepare a report for the GA recommending the 
mandatory adoption of the standards of conduct contained in 
the SYG,s bulletin (ST/SGB/2003/13) and the "Ten Rules: Code 
of Personal Conduct for Blue Helmets" and "We Are United 
Nations Peacekeepers"; 
--  OHRM, in coordination with other concerned departments, 
should expedite the finalization and implementation of 
policies and procedures dealing with the protection of UN 
whistle-blowers among the UN staff members 
--  DPKO should ensure that training programs on the UN 
standards of conduct for all categories and all levels of 
peacekeeping personnel are instituted prior to deployment and 
during the mission assignment; and 
--  DPKO and the heads of all missions should regularly 
update all peacekeeping personnel and the local population on 
the status of measures taken on misconduct. 
 
- - - - - - - - - - - - - - - - - - 
2006 session of the C-34 
 - - - - - - - - - - - - - - - - - - 
 
¶7.  At the opening meeting of the C-34,s 2006 session on 
February 28, 2006, Under-Secretary-General Guehenno stressed 
that substantial accomplishments had been made in the combat 
against SEA.  DPKO has established and is enforcing the 
uniform standards of conduct for UN peacekeeping personnel; 
it has also created multidisciplinary conduct and discipline 
units (recently renamed as Conduct and Discipline Teams) in 
headquarters and in eight peacekeeping operations.  Guehenno 
cautioned that sustained progress required sustained 
dedicated capacity to address conduct and discipline issues 
at headquarters and in the field and he recommended 
strengthening Secretariat capacity to investigate complaints. 
 He also stressed the crucial role of Member States in the 
prevention of SEA and urged them to continue to work on the 
revision of the model Memorandum of Understanding that should 
contain arrangements between Member States and UN 
investigators. 
 
¶8.  In the U.S. statement before the C-34 on February 28th, 
Ambassador Sanders said that, for years, both the UN and 
Member States had largely ignored the issue of SEA.  She 
commended Prince Zeid for shining a light on what is arguably 
one of the greatest stains on UN history and noted that while 
DPKO has implemented a number of measures to prevent SEA and 
to enforce UN standards of conduct, new allegations are 
surfacing of continuing incidents of SEA.  She emphasized 
that greater action in pursuing justice for crimes already 
committed and in preventing such acts must be taken and said 
such actions can only succeed with the full support of Member 
States and their enforced compliance of their own 
peacekeepers. 
 
 
¶9.  In its report (A/60/19), the C-34 emphasized that 
prevention of acts of misconduct and the maintenance of 
discipline is the responsibility of managers and commanders 
at all levels of UN peacekeeping operations.  The Committee 
commended the SYG,s efforts to address these issues in light 
of Prince Zeid,s report and the recommendations adopted at 
the resumed session of the Committee in 2005.  It also 
expressed pleasure with the progress achieved to date while 
conveying concern at the large number of allegations of SEA 
and emphasized that due process and national legal 
requirements must always be observed during investigations. 
Member States requested the SYG should ensure that steps are 
taken to restore the image and credibility of any mission, 
country or individual when allegations of misconduct are 
found to be legally unproven.  The C-34 also recalled that 
the discussion and implementation of the 2005 report,s 
recommendations should be viewed as a process that should 
culminate at the earliest opportunity and preferably by June 
1, 2007.  In addition, the C-34 noted that UN staff members 
and UN Volunteers are bound by the standards of 
ST/SGB/2003/13 and that violations of these standards will 
result in appropriate action within the authority of the SYG, 
while criminal and disciplinary responsibility in respect of 
national contingents depends on the national law of the 
Member State. 
 
¶10.  C-34 recommendations continued: the Committee also 
reiterated that the responsibility for creating and 
maintaining an environment that prevents SEA should be 
included as part of the performance evaluations of managers 
and commanders.  In this regard, DPKO will issue a Mission 
Directive on Sexual Exploitation and Abuse to mission 
leadership during the course of 2006.  The C-34 recommended 
that DPKO take steps to improve the living conditions and 
welfare and recreation facilities (from within existing 
resources) for all categories of personnel as soon as 
possible.  Following from the recommendations of the Zeid 
report and of the OIOS, Member States endorsed the 
development of a database within the Secretariat to track 
allegations of SEA and the follow-up given to those 
allegations.  The C-34 also supported the development of the 
appropriate conduct and discipline capacity at UN 
Headquarters and in the field (Comment:  this is an important 
endorsement, given the protracted debate at the 2005 
peacekeeping session in the Fifth Committee, during which a 
number of delegations expressed their opposition/reluctance 
to provide resources for conduct and discipline units. End 
comment). In a similar vein, the C-34 welcomed measures taken 
by the Secretariat to establish professional investigation 
capacity in field missions and expressed its concern with the 
number of outstanding allegations of SEA awaiting 
investigation.  Finally, the Committee decided to consider, 
during the 60th session of the GA, the SYG,s strategy for 
victim assistance and revised draft MOU as requested in 
A/59/19/Rev.1.  The SYG,s report on victims assistance is 
due to be released to Member States shortly and will be 
considered by an Ad Hoc Open-Ended Working Group of the C-34. 
 
BOLTON