Opening Remarks of Mr. Jean Marie-Guéhenno, Under Secretary-General for Peacekeeping Operations
to the Special Committee on Peacekeeping Operations:
EXCERPTS RELATING TO ALLEGATIONS OF SEXUAL EXPLOITATION AND ABUSE IN DRC
31 January 2005, UN Headquarters, New York City

The 2005 session of the UN Special Committee on Peacekeeping Operations (C-34) began with a 2-day General Debate during which C-34 members generally send their senior military advisors to address the Committee on the main peacekeeping priority issues of their country.

Under-Secretary-General for Peacekeeping Operations, Mr. Jean-Marie Guehenno, opened the C-34 Session with his reflections on the most important developments in UN peacekeeping in 2004 and their implications for 2005. One of the three developments he highlighted concerned the allegations of sexual exploitation and abuse by UN peacekeepers in the UN peacekeeping operations in DRC (MONUC).

Excerpted below are his remarks concerning the allegations of sexual exploitation and abuse by MONUC personnel:

...I thought I would take advantage of this occasion to share my reflections with you on the big picture. What were the most important developments in UN peacekeeping in 2004, and what might they imply for the year ahead? For me, three things stand out in particular, as follows:

...• Third, allegations that MONUC personnel have sexually exploited and abused Congolese is cause for serious concern . Just as the catastrophic failure of any one operation could irreparably erode public confidence in UN peacekeeping, so, too, could acts of gross misconduct, if we do not respond to them with the utmost seriousness in 2005. We have a real substantive problem, not just a PR issue that needs to be “spun”. We have to deal with it collectively, aggressively and quickly. And, we must prevent it from happening elsewhere.

...The third point I want to make is about the allegations of MONUC personnel sexual exploiting and abusing Congolese

This is more than a loose end. It is more than a minor setback. Let me be clear. If we do not tackle this problem as one of our highest priorities in 2005, then the damage to the image and reputation of UN peacekeeping could be irreparable. The multi-lateral system is under strain at the moment, and its capacity to absorb bad news is weak.

The report before you explains the nature of the problem and the immediate steps we are taking to address it. Some issues bear elaboration.

Scores of MONUC personnel, in all categories, are alleged to have solicited prostitutes. The term “prostitution”, incidentally, can mask the exploitative nature of the dynamic. In many cases in the DRC, the so-called sex workers have been paid scraps of food, and have been girls as young as 13 and 14 years of age. And, in several cases, the allegations are of an obvious criminal nature, involving rape, including of children.

Regardless of one's moral or philosophical views on prostitution, the fact is that the Secretary-General's October 2003 Bulletin on Special Protection from Sexual Exploitation and Abuse, the United Nations Code of Conduct for Blue Helmets, and MONUC's Code of Conduct are clear on this issue. Any exchange of money, employment, goods or services for sex is strictly prohibited. Furthermore, any type of sexual activities with persons under the age of 18 years is prohibited. Mistaken belief in the age of a child is not a defense or an excuse. Where substantiated, these acts warrant summary dismissal in the case of civilian staff, and repatriation and subsequent disciplinary action by Member States for military and civilian police personnel. Where crimes have been committed – whether by civilians or uniformed personnel – it is incumbent upon Member States to ensure that their nationals are brought to justice. The UN, as you know, has no means or authority to do so.

Never before in the history of the United Nations have we witnessed allegations of sexual exploitation and abuse in this order of magnitude. And, never before has the UN investigated them as intensively as it is now doing.

One civilian staff member is now in jail in his home country facing charges. Another is no longer in the employ of the Organization. Twenty detailed reports involving allegations against military personnel have been transmitted to the Member States concerned for action, as a result of OIOS investigations in Bunia. More reports from elsewhere will follow. ASG Angela Kane is leading a special team now in the DRC to conduct investigations into all outstanding allegations. ASG Jane Holl Lute is leading a Task Force here at Headquarters to ensure a coordinated intra- and inter-departmental response to this crisis.

And, HRH Prince Zeid Ra'ad Zeid al-Hussein, the Permanent Representative of Jordan , graciously accepted to serve as the Secretary-General's Adviser on this issue. As you know, Prince Zeid has been helping us to ensure that the concerns of the membership, the Troop Contributing Countries (TCCs) in particular, factor into all facets of our response, as we develop a plan of action to prevent the reoccurrence of these despicable acts.

A problem has been identified and we are taking aggressive action. The road ahead, however, will not be easy.

It is, quite frankly, hard to believe that scores of allegations can emerge without being illustrative of a wide-spread problem. We do not know how many cases are going unreported, whether in MONUC or elsewhere. In all likelihood, peacekeepers have committed acts of sexual exploitation and abuse in other missions throughout the past decade, but the vast majority has not been formally reported to Headquarters. It is now apparent that neither you nor we have been aggressive enough to search for and expose these cases. That new allegations came to light in DRC, even after the OIOS investigation was launched, makes it patently obvious that some peacekeepers even still have not gotten the message.

We need your help to send the right message to them, by taking swift action where clearly warranted, while respecting due process and the presumption of innocence before guilt is proven. We need your help to address obvious shortcomings in our investigative capacities. Proving sex crimes is one of the most difficult prosecutorial challenges for even the most sophisticated criminal justice systems let alone for peacekeeping operations, which, at present, are woefully ill-equipped to investigate them. And, we need your help to make significant improvements in prevention measures.

The public relations dimensions of this problem are secondary. The most important priority is for us to collectively tackle this issue, substantively. We simply cannot abide by the vulnerable being victimized by even one peacekeeper sent to protect them. We need to do the right thing, even if that means exposing further weaknesses in the system in the short-term.

That is why we have taken several measures that are described in the report before you. It is also why we are proposing in our next Support Account submission to establish a dedicated unit, in my office, headed at the D-1 level to deal with all forms of personnel misconduct including sexual exploitation and abuse.

But these measures will not be enough. A drastic overhaul of the system is required. In the report before you, the Secretary-General indicates that he would be willing to put bold, imaginative and creative ideas on the table for you to consider, very quickly, building on the excellent work of Prince Zeid. I sincerely hope that you will take him up on the offer. The Secretariat cannot solve this problem on its own. We need your support and full cooperation.

Concluding remarks

I have spoken at length on this subject because it greatly pains me to know that it is an ugly stain on a remarkable record of achievement in 2004.

Thousands of peacekeepers risked their lives, braved violent and desperate conditions, put their personal obligations to family and friends on hold, in order to bring peace to war-torn countries. It is ultimately thanks to their professionalism, bravery and sacrifice that the successes I mentioned earlier could be achieved. That includes the ultimate sacrifice that over 100 of our fallen peacekeepers made in 2004. I take this opportunity to pay tribute to their memory and to reiterate the debt of gratitude the international community owes to them and to the Member States from which they come. Member States contributing the largest numbers of troops and civilian police, in particular, deserve to be thanked rather than have their national honor impugned by the gross misconduct of a minority, whether from within or outside their ranks. The vast majority of them perform their duties with great distinction. It is and should be a source of pride for all of us....

Full Mr. Guehenno's statement, CLICK HERE.