Below are some key unreported documents from the evolving crisis.
11 October 2002
Original: English
02-64794 (E)
**00226644779944**
Fifty-seventh session
Agenda item 122
Report of the Secretary-General on
the activities
of the Office of Internal Oversight
Services
Investigation into sexual
exploitation of refugees by aid
workers in West Africa
Note by the Secretary-General*
1. Pursuant to General Assembly
resolutions 48/218 B of 29 July 1994 and
54/244 of 23 December 1999, the
Secretary -General has the honour to transmit, for
the attention of the General
Assembly, the attached report, conveyed to him by the
Under-Secretary- General for Internal
Oversight Services, on the investigation into
allegations of sexual exploitation of
refugees by aid workers in West Africa.
2. The Secretary- General takes note
of the findings of the report and concurs
fully with its recommendations. The
Secretary -General also notes that measures are
being taken or initiated to correct
many of the issues raised in this report.
3. Sexual exploitation and abuse by
humanitarian staff cannot be tolerated. It
violates everything the United
Nations stands for. Men, women and children
displaced by conflict or other
disasters are among the most vulnerable people on
earth. They 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, when the circumstances so warrant,
prosecuted.
4. Since the allegations first arose
of sexual abuse and exploitation by
humanitarian aid workers and
peacekeepers in West Africa, the United Nations has
been determined to act firmly and
quickly. Improved systems for recourse,
investigation and discipline are being
instituted. Under the auspices of the
Inter-Agency Standing Committee,
which brings together United Nations relief
agencies, other international
organizations and non -governmental organizations, the
humanitarian community has identified
standards of behaviour app licable to all its
personnel and is implementing a newly
adopted Plan of Action (see annex I) to
* The report could not be submitted
prior to the deadline of 2 July because the investigation had not
yet been concluded.
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strengthen mechanisms for protecting
those who depend on international aid. The
Secretary -General welcomes these
steps and reaffirms his commitment to working
closely with all involved to ensure
full and speedy action wherever necessary.
5. Although the genesis of this
report was in West Africa, the United Nations is
addressing the issue on a global
basis. Wherever the United Nations and its partners
are at work, they must shoulder their
responsibilities for implementing the necessary
management and operational changes,
and remain ever vigilant to ensure that such
appalling acts are not permitted to
occur again.
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Report of the Office of Internal
Oversight Services on the
investigation into sexual
exploitation of refugees by aid
workers in West Africa
Summary
Late in November 2001, the Office of
Internal Oversight Services (OIOS) was
asked by the Office of the United
Nations High Commissioner for Refugees
(UNHCR) to review allegations of
sexual exploitation of female refugees by
international and national aid workers,
specifically regarding United Nations and
non-governmental organization (NGO)
staff and peacekeepers in three West African
countries: Guinea, Liberia and Sierra
Leone. The allegation of widespread sexual
exploitation arose from a report by
two consultants who had been commissioned by
UNHCR and Save the Children (UK) to
study the question of sexual exploitation and
violence in the refugee commu nities
in the three countries.
Following a series of meetings in
December 2001/January 2002, UNHCR
requested that the Investigations
Division of OIOS conduct an investigation to
ascertain inter alia whether the
allegations against aid workers and peacekeepers
could be legally substantiated and if
the problem was widespread, as alleged, what
the contributing factors were and
whether evidence of criminal and/or administrative
misconduct could be obtained.
It was agreed with UNHCR that, for
the purpose of the investigation, the
definition of sexual exploitation
would be concerned primarily with situations in
which an international NGO,
humanitarian or aid worker, in a position of power, uses
that power to request sexual favours
or benefits by trading food or services that
refugees are entitled to receive free
of charge via the distribution system of
international aid. It was determined
that the applicable legal framework to deal with
cases of sexual exploitation would be
contained within the following texts: the
Convention on the Rights of the
Child, of 1989; the African Charter on the Rights
and Welfare of the Child, of 1999;
the penal laws of the three countries and the codes
of conduct of international
organizations and NGOs.
OIOS assembled a carefully comp osed
investigation team from eight countries,
comprising professional
investigators, lawyers, refugee protection and human rights
specialists, translators and a
paediatric trauma specialist. The Investigation Team
commenced operations in February 2002
and completed its work in July 2002. The
investigation was conducted in three
phases, the first being an assessment of the
scope of the problem. The second
phase consisted of an evidence search aimed at
determining whether what was reported
in the consultants’ assessment could be
verified. The third phase
concentrated on seeking fresh evidence, witnesses and
victims, which led to the development
of new cases of sexual exploitation for
investigation.
Although the stories reported by the
consultants could not be verified, the
problem of sexual exploitation of
refugees is real. Extensive interviews of many
potential witnesses, victims and
others thought to have relevant information enabled
the Investigation Team to identify
new cases of sexual exploitation, ranging from
consensual relationships that
occurred as a result of the exploiter’s position of power
to allegations of sodomy and rape of
refugees.
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While the consultants claimed that
sexual exploitation was widespread, their
report only gave a few vague or dated
examples of uncorroborated incidents of
sexual exploitation and also included
a variety of reports of sexual exploitation
involving local persons and
internally displaced persons, commercial sex, and warrelated
incidents. The Investigation Team
sought to confirm the validity of the most
serious allegations but was hampered
by the lack of information on sources and
victims. Of the 12 cases from the
consultants’ report which the Team fully
investigated, none was substantiated
even after extensive intervie ws of refugees,
UNHCR staff and NGO employees. The
Investigation Team identified and fully
investigated 43 cases of possible
sexual exploitation. Of these, 10 cases were
substantiated by the evidence. One
involved a United Nations Volunteer working
with UNHCR. His case has been
referred to the appropriate agency and action has
been taken. Another involved a
peacekeeper who has been repatriated. The other
cases involved NGO personnel and
their cases have been referred to the relevant
organizations. It is noteworthy that
no allegation against any United Nations staff
member could be substantiated. These
cases are described in greater detail in this
report.
This report also contains
observations as to the factors which contribute to
sexual exploitation in refugee
communities, including aspects of refugee camp life,
camp structure, camp security, food
and services distribution, employment
opportunities, profiles of camp
workers and quality and quantities of food and other
relief items distributed. For
example, it was observed that few international staff
members of UNHCR or its implementing
partners are present in the camps, allowing
the actual day-to -day management of
the camp to be left to national staff and the
refugees themselves.
The consultants’ report of widespread
sexual exploitation of refugees has not
been confirmed, in the cases which
OIOS was able to substantiate, by sufficient
evidence for either criminal or
disciplinary proceedings. However, the conditions in
the camps and in refugee communities
in the three countries in question make
refugees vulnerable to sexual and
other forms of exploitation and such vulnerability
increases if one is a female and
young. This report contains 17 recommendations,
including recommendations for
follow-up on cases with the organizations which have
been provided with evidence that one
or more of their employees have been using
their position for exploitative
purposes.
Comments on this report were sought
from UNHCR, the Department of
Peacekeeping Operations and the
United Nations Mission in Sierra Leone, UNICEF
and the Office for the Coordination
of Humanitarian Affairs (co-chairs of the Inter-
Agency Standing Committee Task Force
on Protection from Sexual Exploitation and
Abuse in Humanitarian Crises) as well
as the World Food Programme. Their
comments are included in italics in
the text of the report and in the two annexes.
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Contents
Paragraphs Page
I. Introduction . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 1–3 6
II. Methodology . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 4–7 6
III. Definitions . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 8–12 7
IV. The investigation . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 13–41 7
A. Verification of the consultants’
report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14–16 7
B. Case studies . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 17–21 8
C. Problems in the camps. . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22–23
11
D. Camp life . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 24 12
E. Meeting basic needs . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25–41 12
V. Conclusion . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 42–54 14
VI. Recommendations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 55 17
Annexes
I. Report of the Inter-Agency
Standing Committee Task Force on Pro tection from Sexual
Exploitation and Abuse in
Humanitarian Crises and Plan of Action on sexual exploitation . . . 20
II. Highlights of some action taken
by the Office of the United Nations High Commissioner for
Refugees to prevent exploitation of
refugees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 35
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I. Introduction
1. Late in November 2001, the
Inspector General of
the Office of the United Nations High
Commissioner
for Refugees (UNHCR) advised the
Director of the
Investigations Division of the Office
of Internal
Oversight Services (OIOS) of
information received
indicating that sexual exploitation
of refugee women
and girls by humanitarian aid workers
and United
Nations peacekeepers might be
occurring in West
Africa.
2. The information was contained in a
preliminary
report written by consultants
retained by UNHCR and
Save the Children UK for a separate
study in the West
Africa region. Following that
notification, it was
agreed that a meeting should be held
on the issue with
a view to obtaining full details from
the consultants.
In December 2001/January 2002,
several meetings
were held, involving the consultants
and the relevant
officers of UNHCR, the World Food
Programme
(WFP) and OIOS. It was agreed that
prior to an
investigation there was an urgent
need for UNHCR to
put in place additional safeguards to
protect refugee
women and girls and to provide
further means for them
to report any incidents. Once those
safeguards were
operational to protect victims and
witnesses, OIOS
would launch an investigation to
determine whether
there was evidence of criminal
conduct or
administrative misconduct by
humanitarian aid workers
or peacekeepers, whether the problem
was widespread
or incidental and what the
contributing factors were.
Originally, the lead consultant, from
Save the Children
UK, had agreed to assist the OIOS
team, but she was
unable to do so for personal reasons.
The second
consultant, from UNHCR, subsequently
provided some
assistance in Guinea.
3. In February 2002, the investigation
led by OIOS
began in West Africa, specifically in
the three countries
which had been visited late in 2001
by the
consultants — Guinea, Liberia and
Sierra Leone (the
Mano River Union countries) — and
field work was
completed in July 2002. This is the
report of that
investigation.
II. Methodology
4. Because of the risks to refugee
women and girls
who might have been subject to sexual
exploitation,
UNHCR reinforced and upgraded
protection
mechanisms in each camp prior to the
start of the
investigation to ensure that both
during and after the
investigation, there would be
appropriate protection
and support systems for any victims
identified.
Furthermore, OIOS decided to use code
numbers rather
than names to identify potential
victims and key
witnesses as an additional measure of
protection. It is
important to note that no reward or
incentive was
offered to any of the refugee
witnesses in exchange for
providing information or assistance
to the
investigation.
5. The Investigation Team assembled
by OIOS in
consultation with UNHCR was carefully
composed of
professional investigators, lawyers,
refugee protection
and human rights specialists,
translators and a
paediatric trauma specialist, who are
nationals of eight
countries: Australia, Burkina Faso,
Ghana, India,
Japan, Kenya, the United Kingdom of
Great Britain
and Northern Ireland and the United
States of America.
Further, owing to the sensitive
nature of the issue,
female investigators and translators
were utilized to the
extent possible for interviews with
female refugees.
6. The Investigation Team worked on
the ground in
Guinea and Sierra Leone but only to a
limited extent in
Liberia because of the movement of
refugees and the
security situation in that country.
Meetings were held
with stakeholders in the United
Nations system and
with the concerned NGOs, including
with the local
staff of both UNHCR and the NGOs in
all three
countries. Nearly 300 individual
interviews were
conducted of refugees, aid workers
and peacekeepers in
those countries and careful
observations of camp
activity were made.
7. It was appreciated from the outset
that witnesses
might be reluctant to speak about
sexual exploitation
and other related matters out of fear
of reprisal or
stigmatization, or for cultural and
social reasons. All
witnesses were therefore assured of
the protection of
their identity and the
confidentiality of the information
provided. In addition to interviews
at the refugee
camps, interviews were conducted with
repatriated
refugees at several transit camps
from which a
significant number of cases were
developed for
investigation. The Investigation Team
observed that
some refugees were more willing to
provide
information outside the refugee camp
environment,
owing to fear of possible retaliation
in the camps.
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III. Definitions
8. Laws of the three countries were
carefully
researched, as were the rules,
regulations, guidelines,
codes and practices governing aid
workers.
9. Article 1 of the Convention on the
Rights of the
Child, of 1989, defines a child as every
human being
below the age of 18 years unless,
under the law
applicable to the child, majority is
attained earlier. The
same definition is used in article 2
of the African
Charter on the Rights and Welfare of
the Child, of
1999. In view of their vulnerability
to sexual
exploitation and the seriousness of
cases involving
them, the focus of the investigation
was mainly on
female refugees under 18 years of age
as defined in
various international statutes, who
were allegedly
denied aid (or other benefits to
which they might be
entitled) for refusing to enter into
a sexual relationship
with an aid worker. The Investigation
Team also looked
into those cases where an aid worker
allegedly used aid
as a tool to lure a refugee girl into
a sexual
relationship.
10. Aid workers include refugees
hired by NGOs or
the United Nations as well as
national and international
staff of NGOs and United Nations
agencies employed
in any capacity, including daily
labour.
11. It was observed during the
investigation and
confirmed in interviews with refugees
that many
relationships develop between
refugees and aid
workers who themselves are refugees.
Such
relationships are entered into for a
variety of reasons,
including the situation where a
female refugee does so
in the expectation or hope that she
may be rewarded
with additional goods and services
beyond what she
would normally be entitled to
receive. This is not to
suggest that a number of these
relationships are not
genuine and may result in marriages.
12. The Investigation Team discovered
that many
female refugees engage in
relationships because of the
abject poverty pervading the refugee
camps in which
they live. In the absence of skills
training and
employment, many are compelled to
enter into
prostitution or other forms of exploitative
relationships
to augment the inadequate aid
provided for their basic
needs of food, clothing and shelter.
UNICEF in its comments to OIOS stated that the scope
of the investigation should have included other
vulnerable groups such as internally displaced persons
because relationships entered into by females in these
situations could also be deemed exploitative.
OIOS notes that its task was not to
establish general
exploitation, as that would exceed
its mandate, but to
determine if those persons in need of
protection,
specifically refugees, under the
protection of UNHCR,
were victims of sexual exploitation.
IV. The investigation
13. The Investigation Team took a two
-pronged
approach: first, to try to establish
whether the
information obtained as a by -product
of another study
by the two consultants retained by
UNHCR and Save
the Children UK could be verified.
This was critical as
the information provided by the
consultants was based
on stories related by third parties
and had not been
verified by them. Second, to conduct
independent
interviews of refugee women and girls
to establish
whether sufficient evidence could be
adduced to prove
cases of sexual exploitation by aid
workers and
peacekeepers, whether by criminal or
administrative
proceedings.
A. Verification of the consultants’
report
14. The two consultants, together
with a Save the
Children staff member, had been
retained to study
sexual exploitation and violence
against refugee
children in the three Mano River
countries. During the
several weeks of their work, they met
with groups
which included refugees, returnees,
local populations,
internally displaced persons and
humanitarian aid
workers. In these groups, they heard
stories concerning
sexual exploitation and prostitution
in West Africa
generally, and in camps for which
UNHCR has
responsibility specifically, as well
as in camps for
internally displaced persons who are
not within the
mandate of UNHCR. As a result of
these stories of
exploitative behaviour by
humanitarian aid workers
and peacekeepers, the consultants
made a preliminary
report to UNHCR late in November
2001. The leaking
to the media in February 2002 of the
full draft report,
which was presented to UNHCR and Save
the Children
in January 2002, created a media
furore, and thereafter
the unconfirmed stories were treated
as facts in the
media and elsewhere.
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15. Thus the first job of the
Investigation Team was
to ascertain if the stories reported
by the consultants
could be verified and to identify and
record evidence
from victims. However, this proved
problematic for a
variety of reasons: the refugee
population is highly
mobile; many of the stories involved
non-refugee
populations; stories were related to
war events; or
stories were from groups of people
vaguely described
by the consultants for example as
“6-12 year olds”,
“women leaders”, “community leaders”,
“women’s
group” and “adolescents”. Some
examples are given
below:
(a) In one camp in Guinea, the
Investigation
Team reconstructed a group of girls
described by the
consultants as “girl mothers”,
allegedly the victims of
sexual exploitation. None of those
interviewed was in a
relationship with an aid worker;
those with children
informed the Investigation Team that
fellow refugees
had impregnated them. Indeed, in all
three countries
refugees, including leadership
committees and refugee
parents, told the Investigation Team
that most
pregnancies were the result of
relationships between
refugees.
(b) The few individual sources named
by the
consultants were found to be
repeating rumours and
gossip rather than providing
first-hand information.
Those named as perpetrators were
generally identified
by nicknames, initials or names very
common in the
region. The Investigation Team was
however able to
trace some of the sources with the assistance
of the
local translators and names
eventually supplied by one
of the consultants.
(c) When the Investigation Team
interviewed
the person who had reported sexual
exploitation to the
consultants, and she was asked to
provide specific
examples of such exploitation, she
was unable to. She
stated that her discussion with the
consultants was
based on what she called her
“psychological
assessment”, in view of the high
incidence of teenage
pregnancies observed by her in that
particular camp in
Guinea.
(d) One widely circulated story
reported by the
consultants was of 10 girls in Sierra
Leone allegedly on
their way to meet United Nations
peacekeepers who
had drowned after a canoe they were
travelling in
capsized. The peacekeepers were
blamed for their
deaths. The Investigation Team found
that the story
was reported by a group of 6 to 12
year old children
who related stories of various
incidents of drowning
victims in different locations.
Despite substantial
efforts to confirm the report, the
Investigation Team
found no evidence to support what
seems to have
become a kind of mythical story of
desperation by
refugees. An internal investigation
of the same incident
previously conducted by the United
Nations Mission in
Sierra Leone (UNAMSIL) arrived at the
same
conclusion.
(e) Another report of groups of women
and
girls being photographed in
suggestive poses by
peacekeepers was also found not to be
credible after
the Investigation Team interviewed
the group of
women and girls who were said to have
been involved.
(f) Where there were specific
allegations
against named perpetrators, the
Investigation Team
found that these were also reported
by non-witness
third parties. The allegations could
not be verified
despite efforts to locate the
possible victims.
16. Nevertheless, the fact that the
consultants heard
sexual exploitation stories from
groups of unconnected
people, spread across three
countries, gives some
credibility to the issue even if the
specific allegations
could not be verified. It is also the
view of OIOS and
UNHCR that the consultants were
correct to raise the
issue of sexual exploitation. The
Investigation Team
found that the limited assistance
provided, as well as
poverty and lack of economic
opportunity for women
in the camps and elsewhere in the
region, are factors
that lead to sexual exploitation.
B. Case studies
17. The Investigation Team conducted
extensive
interviews of refugees, NGO staff and
UNHCR staff in
an attempt to verify the stories
reported by the
consultants and to pursue new cases
developed by the
Investigation Team. From these, the
Team was able to
identify cases for investigation,
including cases from
the consultants’ report. Most of the
cases the Team
investigated originated in Guinea.
None of the
allegations of sexual exploitation
reported by the
consultants was substantiated,
however. The NGO
cases have been referred to the
relevant NGOs for
appropriate follow-up. In a majority
of those cases,
which could not be fully
substantiated, either the
victim or the alleged perpetrator
could not be traced.
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18. OIOS acknowledges the difficulty
of obtaining
corroborative evidence in the form of
eyewitness
testimony in cases of sexual
exploitation and related
offences. Hence not all of the cases
investigated could
be corroborated. In the substantiated
cases, some of the
corroborative evidence obtained
included medical
evidence, injuries consistent with
the allegation and
evidence of recent complaints by the
victims. Some of
the cases related to accusations
against NGO aid
workers, others to the peacekeepers
of UNAMSIL and
others to United Nations staff,
including UNHCR.
Medical staff in the camps and UNHCR
field staff
reported cases of sexual violence
such as rape and
sexual assault between refugees in
which the
perpetrator was in a position of
physical power rather
than a position of power resulting
from the authority
conferred on him by an NGO or an
international
organization.
19. All reports of sexual
exploitation or misconduct
pertaining to NGOs received and
investigated by the
Team were passed on to the relevant
organization
through UNHCR so that the
circumstances of each case
could be reviewed under the
particular disciplinary or
administrative process of the NGO, as
OIOS does not
have jurisdiction over NGO staff. One
case, in which a
United Nations Volunteer was
involved, was referred to
UNHCR and his services were
subsequently terminated
by his agency.
20. The cases described below are
derived from the
independent interviews conducted by
the Investigation
Team except where there are specific
references to the
consultants’ report. These cases are
illustrative of all
the cases the Team investigated.
Case 1
(a) A 17-year-old female refugee from
Sierra
Leone alleged that she was involved
in a sexual
relationship with a United Nations
Volunteer. She
stated that she had met him in 1999
when she was
approximately 15 years old while he,
a man then aged
44 years, was a United Nations
Volunteer working with
UNHCR in Gueckedou, Guinea. Following
the first
meeting, the victim and the Volunteer
agreed to enter
into a sexual relationship.
(b) At the time of the relationship
the refugee
victim was living with foster parents
in that town. The
victim stated that the United Nations
Volunteer knew
her to be a refugee and was aware of
her age, which
was confirmed by other evidence. She
further
explained that the he assisted her
financially by paying
her school fees, enabling her to
acquire computing and
typing skills. The victim told the
investigators that, as
result of her sexual relationship
with the United
Nations Volunteer, she became
pregnant. The man then
abandoned her, refused to accept
paternity or provide
any form of support or maintenance
for the child.
(c) When confronted with the evidence
in the
case, the United Nations Volunteer at
first attempted to
deny the allegation but later
admitted that he had had a
sexual relationship with the victim.
He refused to
accept responsibility for the
pregnancy, however.
(d) The contract of the United
Nations
Volunteer has since been terminated
as a result of the
evidence obtained during the
investigation.
Case 2
(a) A 14-year-old refugee girl from
Sierra
Leone was raped in a refugee camp in
Guinea early in
2002. The Investigation Team
established that the
offenders, a Sierra Leonean refugee
and a Guinean
NGO staff member, were responsible.
In the course of
her interview, the victim described
in detail how the
Guinean NGO offender while on duty in
the refugee
camp spotted her and requested his
friend, the Sierra
Leonean, to approach her on his
behalf to solicit her for
a sexual relationship. She declined
the solicitation.
Later that day, the Sierra Leonean
refugee called to her
as she was walking past his hut,
saying that he had a
message for her. When she paused, he
pushed her
inside his hut where the NGO offender
was waiting.
She was restrained and violently
raped by the NGO
worker.
(b) The victim sustained serious
injuries and
reported the matter to friends who
immediately took
her to the health post in the camp
for medical attention.
She was treated for her injuries and
transferred to a
local hospital for further medical
attention. The
physician confirmed to the
Investigation Team that he
had treated the victim and that, in
his professional
opinion, the injuries were consistent
with rape. The
physician added that he had to refer
the victim to a
hospital in the neighbouring town
because of the
seriousness of the injuries she
sustained. The victim
was subsequently able to identify the
NGO staff
member and the Sierra Leonean refugee
to the
investigators.
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(c) The Sierra Leonean refugee who
had
facilitated the rape admitted having
assisted his friend,
the NGO worker. The perpetrator
denied the rape
allegation but acknowledged that he
was present in the
refugee camp when the rape allegedly
occurred. He
further admitted knowing the Sierra
Leonean refugee
who had abetted him and also
identified him to the
investigators. In view of the
criminal nature of the
allegation, the matter has been
brought to the attention
of UNHCR to refer the case to the
local Guinean
authorities for prosecution. The
matter has also been
referred to the NGO that employs the
perpetrator for
their action.
Case 3
(a) A young returnee boy alleged that
a
UNAMSIL peacekeeper had sodomized him
late in
June 2002, in an isolated bush area
near the
contingent’s logistic base. In this
case, the boy, who is
approximately 14 years of age, was
with some friends
who are all from a transit centre for
returning refugees
near the contingent’s camp managed by
one of the
implementing partners of UNHCR. The
victim says
that, while he was fishing, a
non-commissioned officer,
whom the victim clearly identified
and knew from prior
encounters, led him away from where
the other boys
and soldiers were fishing. As the
victim knew and
trusted the alleged offender, he complied
with the
request to follow him.
(b) The two reached a secluded point
some 100
metres from their initial fishing
spot on the river’s
embankment. There, the victim stated
that the offender
grabbed him and forcibly sodomized
him.
Subsequently, the victim managed to
break free from
the offender and ran to his friends
to report the incident
and showed them the money that the
offender had
given him to keep him quiet.
(c) The victim reported the matter to
his mother
later the same day and they
subsequently reported the
assault to the police. As a result of
the sexual as sault,
he felt discomfort and, approximately
two days later,
was taken to a hospital for medical
examination. The
physician stated that the description
of discomfort by
the victim was consistent with sexual
assault.
(d) The victim, his mother and other
guardians
stated that they had not considered
reporting the matter
to UNAMSIL as they thought it was a
normal police
case. The police, on receipt of the
allegation and the
medical report, went to the
contingent’s camp to
attempt to arrest the alleged
offender. (The police told
the Investigation Team that they had
been denied
access to the alleged offender when
they tried to
investigate the allegation.)
(e) Only after OIOS notified UNAMSIL
did the
Mission’s management request that an
investigation be
conducted by the Chief Provost
Marshal in
collaboration with the Investigation
Team. The
peacekeeper was identified by the
victim and
interviewed. UNAMSIL has since
confirmed that the
investigation is now concluded and
that, as a result of
the findings, the officer in question
has been
repatriated to his country of origin.
The details of the
allegations and findings were
forwarded by UNAMSIL
to the concerned country for
appropriate action.
Case 4
Claims of sexual exploitation were
made directly
against two UNHCR staff members in
the consultants’
report that were both investigated by
the Team. In one
case, involving a UNHCR Protection
Officer, more
than 20 interviews were conducted
with refugee girls
of various ages and with UNHCR staff
members in an
effort to obtain evidence of the
reported exploitation.
As no further details other than the
claims were
available, the allegations could not
be substantiated.
Similar allegations against a UNHCR
driver and a
WFP member of staff could not be
substantiated. In the
case of the UNHCR driver, the victim
could not
identify the perpetrator, as she had
not been in contact
with him for several years. The
absence of specifics
from the consultants regarding
possible exploitation by
United Nations staff led the
Investigation Team to
spend many days trying to track vague
stories to no
avail.
Case 5
The consultants’ report noted several
cases of
NGO officials exploiting refugee
girls or living with
under-aged refugee girls. In all the
cases the Team
investigated, the female refugee in
question was in fact
an adult. In a particular case in
Liberia, a female
refugee described in the report as a
child was actually a
25-year-old woman who had been in a
long-term
relationship with the NGO aid worker
and had been
living with him in his apartment when
she became
pregnant. Although he had agreed to
support the child,
he had been unable to do so when he
was fired.
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Case 6
An allegation that a truck driver
employed by one
of the implementing partners of UNHCR
was engaged
in sexual exp loitation was
investigated by the Team
and substantiated. The under-aged
victim identified the
driver from an array of photographs
as the person who
had impregnated her and abandoned
her. The matter
has been referred to the employing
NGO for
appropriate action.
Case 7
In another case investigated, the
Investigation
Team confirmed that a refugee, who
was also an NGO
employee, had impregnated a
17-year-old refugee girl.
He has since fled to his country of
origin and cannot be
located.
Case 8
Two cases involving specific NGO
staff who
allegedly had exchanged sex for food
with refugee girls
were investigated. The perpetrators
could not be
identified as the victims were not
able to describe the
physical appearance of the
perpetrators, nor did the
girls know their full names, giving
only first names
that are common in the community.
Furthermore, it is
unclear if they were regular NGO
staff or casual staff
from the refugee communities. The
matter has been
referred to the NGO in question for
follow-up.
Case 9
An allegation that a refugee
schoolteacher
impregnated a 17-year-old disabled
refugee girl was
investigated and substantiated. The
perpetrator initially
denied responsibility for the
pregnancy but he has since
accepted responsibility and is
providing financial
support for the child.
Case 10
It was alleged that a schoolteacher
employed by
an NGO had approached a student for a
relationship
and regularly subjected her to
physical abuse when she
rejected his advances. The Team
investigated the case
but was unable to trace the victim to
verify the
allegations. In any case, the teacher
has been dismissed
for undisclosed reasons by the NGO.
21. These cases were not the only
ones investigated,
but they represent the types of case
and outcome
adduced by the Investigation Team.
The only case
substantiated involving a United
Nations staff member
is that involving the United Nations
Volunteers. The
evidence did not substantiate any of
the other cases
involving United Nations staff
members. This finding
is consistent with the fact that the
vast majority of aid
workers in the camps are from NGOs.
OIOS cautions
against complacency, however, as new
cases will arise.
C. Problems in the camps
22. Close examination of the operation
of the camps
indicates that there are several
major problems which
could easily lead to exploitation of
various kinds,
including sexual exploitation:
(a) The Investigation Team found few
women
in key positions in the camps;
(b) Job opportunities for refugees
generally are
poor to non -existent and where they
do exist, they are
primarily taken by men, leaving women
very little
authority or personal access to funds
or power;
(c) While girls make up substantial
numbers of
students in the lower grades of
schools in the camps,
there are virtually none in the
higher grades, leaving
them with limited education, often on
their own or
tending to small children;
(d) Few international staff of either
UNHCR or
the implementing partners are in the
camps themselves,
so that the actual management of the
camps is left to
local staff and other refugees with
only very limited
supervision; indeed, the farther the
camp is from the
UNHCR branch office, the less
attention its residents
are receiving from international
staff;
(e) While many of the humanitarian
aid
workers the Investigation Team met
are highly
dedicated staff, working under
extremely difficult,
exhausting and minimally rewarding
circumstances,
there are others assigned to work in
the camps who are
of varying skill levels, commitment
and interest in
refugees who may engage in sexual
exploitation;
(f) Single young women who have lost
their
supporting family structures in the
wars are among
those most at risk, and efforts by
UNHCR to find foster
families for them have met with mixed
results.
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23. The Investigation Team’s
observations revealed
that the camp environment is a
fertile ground for
breeding exploitative behaviour.
D. Camp life
24. In general, the refugee camps are
managed by
implementing partners on behalf of
UNHCR, which
retains responsibility for refugee
protection,
coordination and monitoring of
assistance in the
camps. The refugees themselves
organize various
committees, with a chairperson and
other designated
officials. The main camp committee
undertakes various
roles, includ ing acting as a focal
point for the refugees
and liasing with NGOs and UNHCR on
behalf of the
refugees to articulate their needs
and concerns. This
committee also mediates disputes in
the refugee
community. Some examples found by the
Investigation
Team include paternity disputes and
claims for child
support. The committees are also
involved in hiring
refugees as casual labourers for
NGOs. In terms of
recreation, there are social and
sports activities
organized in the camps for and by the
refugees. There
is no restriction on the movement of
refugees or others
at any time of the day or night,
either within the camp
or exiting and entering the camp.
E. Meeting basic needs
1. Shelter
25. Refugees in the camps visited in
Guinea, Liberia
and Sierra Leone live in temporary
shelters made of
mud bricks and poles; normally only
one room is
provided for a family. Prior to the
allocation of
individual plots and the provision of
shelter material,
refugees are housed in communal
shelters. It is the
responsibility of the refugees to
construct their own
homes. However, in the case of
persons identified as
“vulnerable”, including single
females, the responsible
NGO may assist with the construction
of the shelter.
The NGO staff members, however, are
usually male
and are often refugees themselves. In
some of the
camps visited by the Investigation
Team, the camp
manager is involved as well. Straw is
used for
bedding — anything more requires
money.
2. Sanitary facilities
26. Bathing facilities in a number of
the camps
consist of one building with one side
for men and
another side for women. The isolation
and lack of
separate and distinctly placed
facilities, which would
increase the cost, has caused the
facilities to
occasionally be the site of sexual
violence. However,
since the investigation, the camps in
Liberia now have
separate facilities.
3. Health
27. Basic medical care is normally
provided through
implementing partners, whose staff
are stretched thin,
rarely have time for health education
or prevention and
lack facilities for more serious
cases, which are usually
referred to neighbouring public
hospitals. The case
referral system is quite cumbersome
and delays are
common; in the case of urban
refugees, authorization
by the UNHCR physician in the branch
office is
required. For example, a delay of
several days in
referring the case of a baby scalded
by hot water in
Guinea resulted in the baby’s death.
28. Although teenage pregnancy is
rife in some of the
camps visited, there is little or no
pre - or post-natal
care for mothers and often the father
is not identified
or, if he is, does not accept
responsibility for the child.
Babies are the responsibility of the
mothers, who must
provide for them as best they can.
Some baby milk and
limited baby supplies are normally
provided.
4. Clothing
29. Appropriate clothing is available
in very limited
quantities and money is required for
additional clothing
needs. Many teenage girls
consequently seek
alternative sources of supply for
clothing, cosmetics,
jewellery and other items.
5. Food
30. Food is a continuing source of
frustration and
anxiety. The food distributed
consists generally of
bulgur wheat rather than rice, which
is the regional
staple, small portions of cooking oil
and occasional
protein in the form of beans. Meat,
fish or other foods
need to be purchased. Protein
biscuits and other
foodstuffs are available in feeding
centres for cases of
malnutrition. Refugees fleeing the
recent fighting in
Liberia have been pouring into Guinea
by the
thousands, and many of them are
suffering to some
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extent from malnutrition. WFP has
been flying in
emergency supplies, but this is
expensive and supplies
are limited.
WFP stated that it distributes bulgur to refugees
because of the explicit indication of donors that rice
would not be provided for distribution because it is
expensive in the region and it might be diverted or
traded by the beneficiaries.
WFP further remarked that general food rations
distributed by the Programme have had a clear positive
impact on the nutritional status of refugees and
internally displaced persons in the camps, where
malnutrition rates are often lower than those found in
the surrounding host communities. The food aid basket,
ration levels and overall food and non-food
requirements of the regional operation have been
approved by all the humanitarian actors in the region.
WFP also informed OIOS that it has strengthened its
post-distribution monitoring of food in the region
through the appointment of seven female food
monitors.
31. Distribution of food items is
conducted on a
monthly or bimonthly basis, with
refugees lining up for
their rations with their ration
cards. Rations are often
incomplete and delivery of supplies
sometimes
delayed, with little or no notice
given to the refugees
who depend on these supplies for
basic survival. When
distributions are made, refugees pay
close attention to
ensure that no one gets more than the
entitlement.
However, the distributors often have
items left over
after distribution because some refugees
have moved or
are out of the camp on that day.
While the ration
distribution is monitored by several
people and records
are kept, in each of the camps
visited by the
Investigation Team it is clear that
there is some
discretionary power among the men who
control the
ultimate distribution of any excess
rations. Although
the food is supplied by WFP and
stored in its
warehouse, and UNHCR has
responsibility for
distribution, the actual distribution
is undertaken by an
NGO, while the transportation of the
food is done by
another NGO working in close
collaboration. Refugee
or national casual staff are
regularly hired for these
purposes.
WFP comments that rations are rarely insufficient but
acknowledges that this might occur when there is a
break in the pipeline, that is, inadequate pledges from
donors or delays in the arrival of the shipments. WFP
stated that the regional operation is now enjoying a
much higher level of resources and that donor pledges
are now covering a very high percentage of the
requirements.
In relation to surplus food during distribution, WFP
stated that the quantities distributed are closely
monitored. To strengthen the control, post-distribution
monitoring of food entitlements in refugee camps has
been enhanced and an agreement in this regard has
been signed by WFP, UNHCR and its implementing
partners.
32. The refugees vented their
frustration and anger
about the quality and the quantity of
food in a widely
reported riot at one of the camps in
Guinea earlier this
year, with shouting, threats and
stone throwing an d the
subsequent looting of all the food in
the WFP
warehouse.
6. Education
33. Most teachers are male, and many
are themselves
refugees; few women are in the
schools and those who
are tend not to be teachers, but may
serve as a
counsellor, librarian or cook. In
Liberia, the women’s
committees in the camps near Monrovia
have
established morning childcare
programmes for
toddlers, where they are taught
singing, the alphabet
and some words. Although those women
lack formal
training this allows the mothers time
to go to training
courses themselves or to use that
time to find ways of
increasing their income. The
Investigation Team heard
a number of reports that teachers had
threatened to
withhold passing or good grades
unless girls of 14 or
15 years agreed to have sex with
them. These stories
were difficult to confirm. One girl
who talked to the
Team was told by her brother to say
nothing. In
addition, the girls were reluctant to
implicate the
teachers, who were still in positions
of authority and
could retaliate.
34. In one case, the Investigation
Team established
the existence of a relationship
between a refugee girl
and her teacher, himself a refugee.
The girl’s mother
told the Team that, although the man
has other wives
and is much older than her daughter,
she had to consent
to the relationship because of the
material benefits
accruing from it. The teacher has
since returned to his
country of origin and the
Investigation Team’s attempts
to locate his whereabouts there have
not been
successful.
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35. The teachers in the camps visited
do not sign
formal contracts of employment and
only receive a
stipend for their services. This
practice leads to a
significant lack of morale and
commitment, and a
substandard level of service. Refugees
are eligible for
free education up to the end of
primary school,
although even this is threatened by
the lack of funds. A
limited number of scholarships are
available for the
lucky few — who are predominantly
male.
7. Security
36. Although security in the camps is
the
responsibility of the Government, the
Team received
many reports that the security staff
were inadequate.
There were unverified allegations
that they are
sometimes responsible for sexual
misconduct and had
facilitated the escape from custody
of men charged
with sexual violence. To the extent
that the camp has
security, it is often organized in a
limited way by the
refugees themselves. In a number of
camps, the
Investigation Team did not notice any
visible security.
In some camps the Team observed
uniformed men
manning the entrance into the camps.
Access to the
camps by non-refugees is still
possible, however,
because of the porous perimeters.
37. Medical staff in the camp
reported that crimes
such as rape of children are
committed in the camps
with impunity; the weak and the
particularly vulnerable
and exposed to such violence. They
reported that three
to five incidents of rape occur in
the camps on some
days. UNHCR field staff also reported
a high incidence
of rape cases. Some cases involving
rapes of children
aged between 5 and 10 years by adult
refugees have
been reported to the police for
prosecution, but most
are settled privately by the parties
and some are
referred to the sexual and
gender-based violence teams
run by NGOs in the camps for support
and counselling.
8. Refugee employment
38. Non-governmental organizations
and UNHCR
occasionally hire refugees in the
camps for liaison or
day jobs. For example, for receipt of
food items, day
labourers are hired to unload the
trucks conveying the
food and place it in a warehouse or
other location for
storage until distribution. Day
labour is also used in
shelter programmes for the
fabrication of the materials
for the shelters, including the
making of mud and straw
bricks and the poles used for
support. Other building
proje cts also use day labour but it
is almost always the
male refugees who are hired.
39. As a result, the ability of a
woman or girl to
support herself and her children,
even with the
entitlements provided, is severely
limited. Training
programmes aimed at women are often
unsuccessful
because there are no jobs for them to
use their skills, or
else insufficient funds are available
in the community
to support their small business
attempts.
40. The camp structure is
patriarchal, and there are
few opportunities for women to find
means to support
themselves and their children. Young
women who have
lost their families in war, either
through death or
separation, are especially vulnerable
to sexual violence
and exploitation. As they find themselves
with no
means to protect or support
themselves, many resort to
prostitution as the only available
avenue for survival.
41. In summary, the situation of
refugees in the
camps — indeed the situation of
refugees and
internally displaced persons generally
— is ripe for
sexual violence and exploitation by
other refugees, aid
workers, and nationals they meet
outside the camp
environs, as sex is the only service
left to trade with.
V. Conclusion
42. The Investigation Team
established that the
consultants had raised an important
issue and thereby
provoked a heightened sense of
awareness in the
international community of the
potential for sexual
exploitation of victims of forced
displacement by those
who are supposed to palliate their
suffering. The
Investigation Team found, however,
that the impression
given in the consultants’ report that
sexual exploitation
by aid workers, in particular sex for
services, was
widespread is misleading and untrue.
None of the
specific stories cited against aid
workers named in the
consultants’ report could be
confirmed despite a sixmonth-
long effort by the Investigation Team
— for
reasons previously cited in this
report. Furthermore,
refugees and aid workers interviewed
in the course of
the investigation were unanimous in stating
that sexual
exploitation in the context used in
the consultants’
report is not widespread. The
relationships perceived as
exploitative by the consultants were
in most cases
relationships between refugees.
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43. Further, in raising the issue of
sexual
exploitation, the consultants did not
distinguish
between the various forms of sexual
relationships and
contacts that can exist. For example,
no distinction was
made between cases involving persons
in power or
authority taking advantage of female
refugees and
those involving adult prostitution.
44. In addition, many people
interviewed by the
consultants are not refugees falling
within the purview
of the UNHCR mandate. Some are local
street children
while others are internally displaced
persons. This
investigation was conducted in
relation to refugees and
aid workers only as provided by the
mandate of OIOS.
OIOS recognizes, however, that sexual
exploitation of
vulnerable population occurs — and
not just in West
Africa but throughout the world.
UNHCR has acknowledged that the original
consultants’ report contains wrong and misleading
information in its reference to persons of concern to
UNHCR. It incorrectly includes internally displaced
persons and host communities as persons of concern to
UNHCR in the subregion by referring to them all as
refugees. UNHCR added that the status of a person in
relation to UNHCR is crucial to determining whether
the person is entitled to UNHCR assistance.
UNICEF has expressed its concern that the focus of the
investigation was female refugees under the age of 18
excluding other vulnerable persons like internally
displaced persons, women over the age of 18 and those
not directly benefiting from international aid
programmes like street children.
The Office for the Coordination of Humanitarian
Affairs also commented that many of the risks and
vulnerabilities highlighted in the report apply equally
to internally displaced persons, host community
situations, camps and settlements as well as refugees.
The Office for the Coordination of Humanitarian
Affairs expressed the view that these broader problems
need to be further addressed on behalf of the
humanitarian community.
45. Another point of note was that
the consultants did
not seem to distinguish between cases
of sexual
exploitation arising from positions
of power in the aid
community and war-related sex crimes
such as rape.
Refugee women and girls told the
Investigation Team
that many of them, or members of
their families, had
been victims of rape during the war
or victimized by
other refugees.
46. By reporting, with little or no
evidence, that
sexual exploitation is widespread,
the consultants
unfairly tarnished the reputation and
credibility of the
large majority of aid workers,
national and
international staff of United Nations
agencies and
NGOs and United Nations peacekeepers
in West
Africa. This is very unfortunate as
most of them work
in extremely difficult conditions and
demanding
circumstances, and their continuing
commitment and
efforts are vital to the humanitarian
operations in West
Africa.
47. The Investigation Team found,
however, that
early detection of problems in this
area could be
improved. It was observed that, when
a case is brought
to the attention of management in
UNHCR, the
Department of Peacekeeping Operations,
or other
international agencies or NGOs,
management tends to
act relatively quickly in an attempt
to discover what
actually happened. In some cases the
first report did
not come to the organization
concerned but went to the
local police or other body set up to
deal with genderbased
and/or family violence. The
organization which
first receives the report may attend
to other priorities
before disseminating the report to
other functional
and/or organizational entities, which
need to be
involved as early as possible. In
this regard, clear lines
of reporting for all organizations
which need early
notification, whether they are
responsible for the victim
or the perpetrator, have not been
well established.
48. Many persons spoken to by the
Investigation
Team held the view that prostitution
is a matter of
survival and that there is little
that can be done about
members of the international
community, including
private contractors, being involved
in it. They also
consider that it is a private matter
in which
management should not interfere. This
view is
inappropriate and ignores the
inherently unequal status
of the persons involved, especially
when United
Nations or NGO staff members are
implicated.
49. The Team found that there was no
encouragement
for staff or other persons to report
ethical issues to
management, nor for that matter is
there a particular
office or person with whom this type
of problem can be
discussed. However, there is some
evidence that this is
changing with the corrective measures
being
implemented by the UNHCR country
offices and their
partners. In the case of the
peacekeeping mission in
Sierra Leone, the Office of the
Special Representative
of the Secretary -General has
instituted a Personal
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Conduct Committee to look into cases
of misconduct,
including sexual exploitation,
involving the civilian
and military personnel of UNAMSIL.
UNAMSIL confirms that the Committee was formally
constituted in August 2002 to replace the previous
misconduct committee. Its terms of reference include
receiving allegations of misconduct by Mission
personnel and recommending investigation by the
appropriate Mission authorities of all allegations of
misconduct, sexual exploitation or abuse against
women and children by UNAMSIL personnel.
OIOS notes that the reporting
relationship between
UNAMSIL headquarters and field
operations produced
only one allegation of sexual
exploitation. With 17,500
soldiers, 14,000 in the field, this
seems more indicative
of a poor reporting system than of a
lack of cases.
50. The Investigation Team observed
that in some
cases NGOs did not have codes of
conduct. Even
where they do exist, they are not
well known to their
staff, do not seem to be routinely
adhered to and may
not include conduct involving sexual
exploitation.
51. OIOS wishes to acknowledge the
support and
assistance received by the
Investigation Team from
UNAMSIL management, the various NGOs
and
UNHCR staff at headquarters, regional
offices, branch
offices and the field offices in the
countries visited.
The efforts now being taken to
improve reporting and
detecting of cases are noted, but
more needs to be
done.
52. OIOS commends the ongoing action
by the Office
for the Coordination of Humanitarian
Affairs to put
consistent preventive measures in
place, as well as
action taken by the NGOs, UNHCR and
UNAMSIL to
address the problem of sexual
exploitation. Codes of
conduct prohibiting exploitation are
being put in place
and action is being taken against
staff members
suspected of involvement in sexual
exploitation.
Sensitization training for staff and
for refugees to res ist
and report exploitation when it
occurs has commenced
in all three countries.
53. OIOS has further noted efforts
undertaken by the
three representatives of UNHCR and
the West African
Regional Coordinator to build ongoing
programmes to
protect refugee wo men and girls from
exploitation and
to provide mechanisms for better
reporting and
resolution of cases that do occur.
Indeed, new cases
reported are receiving direct
attention at the most
senior levels. Plans are in hand to
strengthen the
protection work of UNHCR in the
regions and to have
a more visible presence in the camps.
In Guinea, for
example, action being taken by the
country office
includes the establishment of
inter-agency task forces
to address sexual exploitation.
Measures are also being
taken to review the camp environment
with a view to
curbing sexual exploitation and
sexual and genderbased
violence, especially as they relate
to the
equitable provision of food, shelter,
sanitary facilities,
education, security and protection.
The complaints
handling procedures are also being
reviewed.
54. Similarly, in Liberia, the UNHCR
office and its
implementing partners have adopted a
plan of action
based on the UNHCR headquarters
Framework of
Action to tackle the issue of sexual
exploitation,
including the discouragement of
relationships between
aid workers and refugees through a
staff rotation
system, and training aid workers and
refugees on
sexual and gender-based violence and
sexual
exploitation. Refugees are also being
encouraged to
engage in agriculture to supplement
their food rations.
Action is being taken to improve
other sectors of the
camp environment that may result in
sexual
exploitation like shelter, education
and food
distribution.
UNHCR has further advised OIOS that in Sierra Leone
the inter-agency Coordination Committee for the
Prevention of Sexual Exploitation has formulated a
humanitarian community action plan and standards of
accountability to govern the conduct of all staff;
community/agency reporting systems and training and
empowerment initiatives have also been put in place.
Within the overall humanitarian community’s action
plan, UNHCR Sierra Leone in collaboration with its
implementing partners has formulated a plan of action
to minimize the risks of exploitation in every sector of
Liberian refugee and Sierra Leonean returnee
operations. Building on existing sexual and genderbased
violence programmes, initiatives have been
undertaken in training, mass information, codes of
conduct, protection reception days and increasing
beneficiaries’ access to UNHCR staff in camps and
communities. UNHCR is trying to improve refugee
shelter standards through various measures, such as
increasing the size and providing separate adult and
child quarters. Post -distribution monitoring has been
put in place by food pipeline agencies and UNHCR. A
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proposed legal framework will include employment and
other refugee rights.
OIOS urges UNHCR and its implementing
partners to
take the suggested measures to
protect female refugees
from sexual exploitation and to
provide programmes
wherein refugees can file complaints
without fear of
exposure or retaliation.
VI. Recommendations
55. OIOS makes the following
recommendations:
Recommendation 1: The Inter-Agency Standing
Committee (IASC), co-chaired by the
Office for the
Coordination of Humanitarian Affairs
and UNICEF,
must continue to play a prominent and
essential role in
working with all of the humanitarian
organizations and
agencies to ensure that appropriate and
standard norms
are included in their respective
codes of conduct
specifically prohibiting sexual
exploitation and
imposing sanctions for violations of
the code. In this
regard it is recommended that the
Office for the
Coordination of Humanitarian Affairs
take the lead in
coordinating and harmonizing the
codes of conduct, not
just for West Africa but also in all
other regions. (Rec.
No. IV01/454/01)*
UNICEF agrees with this recommendation and
confirms that a Task Force on Protection from Sexual
Exploitation and Abuse in Humanitarian Crises
established by IASC is already implementing this and
most of the other recommendations in this report. The
need for clear ethical standards and improved
mechanisms of accountability is one of the major
priorities for the Task Force.
UNHCR also agrees with this recommendation and
stated that its recently published code of conduct is in
conformity with the recommendations agreed in the
framework of the IASC Ta sk Force. UNHCR will
continue to support the follow-up to the Task Force’s
Plan of Action.
The Office for the Coordination of Humanitarian
Affairs acknowledged the value of the recommendation
and confirmed that a plan of action has already been
prepared by the IASC Task Force to address these
concerns, including the harmonization of codes of
conduct for United Nations and non-United Nations
personnel (annex I).
Recommendation 2: It is further recommended to the
Inter-Agency Standing Committee that
a report be
provided to the General Assembly
before the end of the
fifty-seventh session on the measures
put in place.
(Rec. No. IV01/454/02)
Recommendation 3: Aid agencies, international
organizations and NGOs should do more
to address the
issue of intimate relationships
between their staff and
the refugees they care for. In this
regard it is
recommended that the Inter-Agency
Standing
Committee coordinate with the
relevant entities the
appointment within each organization
of focal points in
the field so that staff members who
propose to enter
into relationships with refugees must
disclose such
relationships. (Rec. No. IV01/454/03)
UNHCR confirmed that its revised code of conduct
specifically provides for the disclosure of relationships
for appropriate guidance even if they are deemed
consensual and not exploitative.
Recommendation 4: UNHCR should coordinate with
other aid agencies and NGOs ways by
which refugees
can quickly report exploitation in
confidence and with
anonymity if desired. Although there
have been
improvements, OIOS has observed the
ad hoc nature of
the reporting systems and the need
for early detection.
In this regard, it is recommended
that UNHCR appoint
a person to set up an independent
reporting system to
reach into the refugee camps and
communities. All
reported cases should be brought to
the attention of a
designated focal point in UNHCR for
effective
monitoring. (Rec. No. IV01/454/04)
UNHCR commented that branch offices in Sierra
Leone and Guinea have established centres in refugee
camps to receive complaints. UNHCR protection staff
have also established counselling centres in the camps.
Furthermore, the UNHCR office of the Inspector
General has established mechanisms for the
confidential reporting of sexual exploitation by staff
and non-staff.
Recommendation 5: UNHCR and its implementing
partners should put in place clear
procedures and
guidelines for the investigation of
sexual exploitation
of refugees and other related conduct
which include
reporting all such instances to the
UNHCR Inspector
General for appropriate monitoring.
The office of the
* The numbers in parentheses in this
section refer to an
internal code used by OIOS for
recording
recommendations.
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Inspector General should conduct
periodic spotchecking
and undertake appropriate follow-up
to
ensure compliance. (Rec. No.
IV01/454/05)
Recommendation 6: UNHCR and its implementing
partners should sensitize the refugee
population on
sexual exploitation. In addition much
more information
should be provided on the nature and
extent of refugee
entitlements to the various forms of
aid available. The
programme implemented in Liberia
could serve as a
regional model. (Rec. No.
IV01/454/06)
UNHCR informed OIOS that UNHCR staff and
implementing partners have been sensitized on sexual
exploitation. Additionally, awareness campaigns were
conducted for female refugees and their leaders.
Refugees have been made aware of their free
entitlement to humanitarian assistance.
Recommendation 7: UNHCR in collaboration with its
implementing partners should conduct
a comprehensive
review of the services provided to
refugees, especially
in the areas of food distribution,
employment
opportunities, security, health
services and shelter.
UNHCR needs to take measures to
ensure that the
distribution of food and non -food
items by aid agencies
is closely monitored to prevent future
abuse and
exploitation. The involvement of
women in the
dis tribution process needs to be
significantly enhanced.
(Rec. No. IV01/454/07)
UNHCR confirmed that it has undertaken a
comprehensive review of all services in collaboration
with its implementing partners. UNHCR staff are now
required to be present at all distribution times and the
involvement of women in the distribution of food and
non- food items has been enhanced.
Recommendation 8: UNHCR should take steps to
ensure that recruitment of refugees
for jobs in the
camps by aid agencies is equitably
and transparently
undertaken without any
discrimination, particularly on
the grounds of gender. (Rec. No.
IV01/454/08)
UNHCR stated that it has recruited additional field
staff including females. UNHCR further stated that its
plan of action, which is being implemented and in some
measure has already been implemented, addresses
these areas (annex II).
Recommendation 9: WFP should urgently take steps
to improve on the nature and quantity
of food supplied
to refugees in the region, paying
attention to the dietary
require ments of the refugees. It
should also tighten its
current procedures for excess food to
prevent those
with access to it from using this in
exchange for sex.
(Rec. No. IV01/454/09)
WFP noted that its food distribution policy is based on
a consensus and extensive consultations with all
humanitarian actors in the region — United Nations
agencies, NGOs and donors. The quality and
energy/protein/fat/micronutrient levels of the rations
are in line with WHO, WFP and UNHCR guidelines
resulting from the UNHCR/WFP/donors joint needs
assessment missions.
Recommendation 10: UNHCR and the NGOs should
have a more visible presence in the
camps, increasing
the number of field staff working
inside the refugee
camps so as to better monitor camp
activities and to
ensure that the refugees are indeed
receiving the
services to which they are entitled.
(Rec. No.
IV01/454/10)
UNHCR responded that it has increased its presence in
the camps, including senior staff.
Recommendation 11 : UNHCR, with its implementing
partners for the provision of medical
services in the
camps, should take measures to staff
the clinics with
sufficient and qualified personnel
and to have a
comprehensive preventive and curative
programme.
Furthermore, the clinics need to be
properly equipped.
(Rec. No. IV01/454/11)
Recommendation 12: UNHCR, with its implementing
partners responsible for shelter,
should give adequate
attention to the gender distribution,
age and number of
persons in households in allocating
shelter to families.
The practice of accommodating male
and female adults
with children in the same room may
lead to abuse.
(Rec. No. IV01/454/12)
Recommendation 13: UNHCR should review the
current vehicle identification system
with a view to
clearly distinguishing UNHCR vehicles
from the
vehicles of its implementing
partners. This would make
it easier for victims of sexual
exploitation to identify
the agency for which a perpetrator
works. (Rec. No.
IV01/454/13)
Recommendation 14: UNHCR should ensure that
NGOs in the camps keep proper records
including
photographs of staff they recruit on
a casual or
permanent basis to make it easier to
identify any NGO
staff involved in sexual exploitation
or other
wrongdoing. (Rec. No. IV01/454/14)
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Recommendation 15: UNHCR, in collaboration with
the host Governments, should take
steps to improve the
security in the camps by increasing
the security
personnel and providing modern
security and
communication equipment and
transportation for
patrols. (Rec. No. IV01/454/15)
UNHCR has taken measures on all of these issues (see
annex II). UNHCR, in collaboration
with host
Governments, is specifically undertaking a review of
camp security, and police posts with 24-hour police
presence are being established in the camps.
Recommendation 16: The Department of
Peacekeeping Operations should
examine the gaps that
exist in the procedures for reporting
sex-related
offences when peacekeepers are
accused. The parties
and agencies necessary to the proper
resolution of
cases involving sex offences need to
be clearly
identified. Key personnel should be
in regular contact
so that any new matter is raised and
attended to
forthwith. The office of the Provost
Marshal should be
notified of all such incidents to
ensure that thorough
investigations can be conducted and
to track the cases
for evidence of patterns of behaviour
(Rec. No.
IV01/454/16)
UNICEF suggested that the Department of
Peacekeeping Operations should take affirmative steps
to curb abuse by peacekeepers and to ensure that
appropriate action is taken in proven cases of abuse or
exploitation.
The Department of Peacekeeping Operations informed
OIOS that the UNAMSIL Personnel Conduct
Committee is to have a dedicated communications
channel widely known to the local population to
receive allegations against UNAMSIL civilian and
military personnel (OIOS
suggests that this mechanism
should be extended to all
peacekeeping missions).
Recommendation 17: The Department of
Peacekeeping Operations should ensure
that protocols
for criminal investigations and
liaison with local
authorities are established for
UNAMSIL civilian and
military personnel who may be accused
of a crime.
(Rec. No. IV01/454/17)
The Department of Peacekeeping Operations advised
OIOS that relations between a mission and the host
authorities and respective rights and responsibilities
are defined in the status-of-forces and status-of-mission
agreements or under a memorandum of understanding
with regard to relations between the United Nations
and troop-contributing countries.
OIOS reinforces the view that such
protocols should be
carefully reviewed to ensure that
adequate mechanisms
are in place for the investigation of
criminal conduct by
UNAMSIL military personnel with a
provision for
referral to the jurisdiction of the
troop-contributing
country to deal with such cases. For
civilian staff, they
should be subject to the same legal
requirements as all
United Nations staff, including
possible criminal
prosecution as appropriate.
The Department of Peacekeeping Operations confirms
that current procedures in peacekeeping missions
require that all cases of misconduct by military
personnel be brought to the attention of a Provost
Marshal for investigation. Allegations of misconduct
against civilian staff members are investigated and
dealt with in accordance with United Nations rules and
regulations.
To strengthen the awareness and accountability of all
mission personnel in relation to exploitation and
abuse, the Department of Peacekeeping Operations
informed OIOS that it is currently reviewing its existing
policies, procedures and guidelines on disciplinary
issues. Updated guidelines have also been prepared on
various aspects of standards of behaviour of mission
personnel, including investigation procedures and
follow-up with troop- and police-contributing
countries.
(Signed) Dileep Nair
Under-Secretary- General for
Internal Oversight Services
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