Putting the spotlight on sexual violence in UN peacekeeping...
/TW: This article contains graphic descriptions of sexual violence
"They grabbed me and threw me to the ground…they forced themselves on me...I tried to escape, but there were ten of them and I could do nothing…”
In 2008, 13-year-old Elizabeth was gang-raped by UN peacekeepers, who were mandated to offer her protection, but instead sexually assaulted her, leaving her brutalised and bleeding. Elizabeth’s case is not rare, and in the last 12 years alone, there have been over 2000 allegations of sexual exploitation and abuse (SEA) against United Nations (UN) peacekeepers. This is largely due to a trend of impunity shielding perpetrators from being held criminally accountable by Troop Contributing Countries (TCCs), as well as weak response from the UN.
My determination for combating sexual violence, particularly in armed conflict, developed shortly after the conclusion of the Sri Lankan Civil War. Although I supported my country’s resilience and determination to combat terrorism, I could not help but feel ashamed when I learned about the heinous acts of sexual violence, including reports of rape camps, mass killings, torture and other war crimes, that were suspected to be taking place in the north of the country. My drive and determination to challenge the perpetrators of these atrocities and help survivors attain justice led to me undertaking a MSc in Human Rights at the London School of Economics and Political Science (LSE), where I focused on legal routes to combating sexual violence in UN peacekeeping.
As part of my field research, I travelled to Haiti, where the MINUJUSTH peacekeeping mission was located. Whilst I was there I interviewed several high-ranking officials involved with the mission on the difficulties of enforcing measures to prevent SEA and hold peacekeepers criminally accountable for committing sexual crimes. Each had their own opinion on what could be done, however, they all agreed that the cooperation of
TCCs was paramount.
The SEA crisis has been handled insufficiently by the UN - but the more concerning issue is that TCCs often lack the political will to prosecute the military and police (uniformed) peacekeepers that they deploy. The UN does not have the legal capability (or obligation) to prosecute uniformed peacekeepers for criminal behaviour - that duty lies in the hands of the relevant TCCs. UN peacekeepers operate under two conditions:
Both the MOU and SOFA offer peacekeepers immunity from being prosecuted by the host nation in exchange for the TCC assuring the host state that they will hold their peacekeepers accountable for any criminal behaviour.
The sad fact is, however, that TCCs seldom keep their promise. For instance, between 2004 and 2007, 134 Sri Lankan soldiers deployed as part of the MINUSTAH mission in Haiti (the mission preceding MINUJUSTH) were involved in a sex-ring in which they sexually exploited nine children between the ages of 12 and 15. In a country where poverty is rife, soldiers promised children clean water and small portions of food in exchange for sex. The Sri Lankan military repatriated 114 of the 134 accused personnel, however only 9 of these individuals were “punished” with no details as to what these punishments entailed.
There have been multiple efforts to combat SEA in UN peacekeeping; from the UN Secretary General’s Voluntary Compact to proposals for new international criminal tribunals dedicated to prosecuting peacekeepers accused of sexual crimes. Although the effectiveness of these measures can be disputed, what cannot be denied is that if we are to truly rid UN peacekeeping of sexual offences, TCCs must make a genuine commitment to holding their peacekeepers accountable when they commit acts of SEA.
Demetrius Wijesinghe is WIFPs Student Engagement Officer with a background in human rights.