Ethics in Peace Operations
Ethics in Peace Operations
Ethics in Peace Operations
Course Author
The Centre for Military Ethics, King’s College London
Series Editor
Harvey J. Langholtz, Ph.D.
Course Author
The Centre for Military Ethics, King’s College London
Series Editor
Harvey J. Langholtz, Ph.D.
The material contained herein does not necessarily reflect the views of the Peace Operations Training Institute (POTI),
the Course Author(s), or any United Nations organs or affiliated organizations. The Peace Operations Training Institute
is an international not-for-profit NGO registered as a 501(c)(3) with the Internal Revenue Service of the United States
of America. The Peace Operations Training Institute is a separate legal entity from the United Nations. Although every
effort has been made to verify the contents of this course, the Peace Operations Training Institute and the Course
Author(s) disclaim any and all responsibility for facts and opinions contained in the text, which have been assimilated
largely from open media and other independent sources. This course was written to be a pedagogical and teaching
document, consistent with existing UN policy and doctrine, but this course does not establish or promulgate doctrine.
Only officially vetted and approved UN documents may establish or promulgate UN policy or doctrine. Information with
diametrically opposing views is sometimes provided on given topics, in order to stimulate scholarly interest, and is in
keeping with the norms of pure and free academic pursuit.
Versions of this course offered in other languages may differ slightly from the primary English master copy. Translators
make every effort to retain the integrity of the material.
Ethics in Peace Operations
Table of Contents
Foreword ix
Preface x
Section 1.1 Guiding Principles for the UN Peacekeeper’s Code of Conduct 16
Section 1.2 The UN Code of Personal Conduct for Blue Helmets 19
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Section 8.4 Legal Status of Peacekeepers and Jurisdiction for Violations 134
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Ethics in Peace Operations
Foreword
This course is the result of compiling existing manuals, courses, and official guidance that have
addressed topics related to ethics across the full spectrum of peace operations. The authors have
attempted to provide an overview and have considered perspectives concerning the major aspects of
modern-day peacekeeping and peace support operations from an ethical perspective. This course is
not intended to be an academic work or, even less so, a scientific one. Rather, it presents a general
introduction to the basic ethical aspects of peace operations.
This text was written for a general audience. It adopts an approach to the material that seeks
to be both universally applicable and free of any political agenda. It makes no claim to providing
comprehensive coverage of all subject areas that make up the field of humanitarian assistance but
instead refers the student to other references, organizations, and websites. In addition, this course
should not be considered a technical reference work; it does not attempt to replace the excellent
documents that have been produced over previous decades by various actors within the United Nations
System and across international non-governmental organizations.
The intent of this course is to provide a basic overview and create an understanding of ethics in
peace operations. Through the use of the case studies and practical examples, this compilation aims to
be a guideline for peace support personnel in the field. It is our hope that the readers will share their
thoughts and discuss with each other the issues raised in this course.
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Ethics in Peace Operations
Preface
The post-Cold War era has witnessed a new pattern of armed conflicts emerge. While conflicts
continue to occur in many parts of the world and have increased in the last decade, they have mainly
been of an internal nature, involving States and non-State actors, which include irregular forces, private
militias, and guerrillas. They have often been rooted in ethnic tensions, fights for control over natural
resources, the people’s struggle to achieve freedom from oppression, social justice, and a democratic
government. In some cases, conflicts have resulted in “failed States”, where government institutions
and the legal and political systems have collapsed, rendering the protection of human rights more
difficult.
These conflicts are accompanied by massive humanitarian crises and large-scale violations of
human rights. Civilians are deliberate targets of violence. Mass population displacement, the use
of child soldiers, violence against ethnic and religious groups, gender-based and sexual violence,
deliberate destruction of property and crops, and mutilations are some of the human rights violations
that accompany contemporary conflicts. Thus, human rights violations are, at the same time, causes
and consequences of conflicts.
Peace support operations prevent or contain conflict, restore peace, or support reconciliation and
rebuilding in a post-conflict setting. There are five types of peace operations:
• Conflict Prevention. The key points of the different aspects of conflict prevention are as
follows:
– It occurs before a conflict starts. It is generally a peaceful measure adapted to the particular
source of the dispute or tension; and
Depending on the situation, different conflict prevention measures may be taken by different parts
of the UN and the international community, including regional organizations. One common conflict
prevention measure is the use of the “good offices” of the Secretary-General of the United Nations to
engage in dialogue with the different parties. The aim of this dialogue may be to decrease tension,
mediate a disagreement, or help resolve the dispute.
– It usually involves diplomatic action to bring hostile parties to a negotiated agreement; and
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The Security Council may request the Secretary-General or other peacemakers, such as regional
organizations, to take action. At the same time, the Secretary-General or regional organizations also
have the power to initiate peacemaking, such as the use of “good offices” to assist in the resolution of the
conflict. Peacemakers may also include envoys, governments, groups of States, regional organizations,
or the UN itself. Peacemaking efforts may also be undertaken by unofficial and non-governmental
groups, or by a prominent personality working independently.
• Peace Enforcement. This involves the application of a range of coercive measures including
sanctions, blockades, or the use of military force under Security Council authorization. Aspects
of peace enforcement include the following:
– Coercive measures are taken only with the authorization of the Security Council when other
measures have failed or are not feasible; and
– The Security Council may authorize peace enforcement without the consent of conflicting
parties if there is a threat to international peace or for humanitarian and protection purposes.
This may occur in situations where civilians are suffering and there is no peace agreement
in place, nor is there any peacemaking process which appears to be moving forward.
Peace enforcement is different from peacekeeping since there is no peace process in place or consent
from the warring parties. However, Chapter VII of the Charter of the United Nations still provides
the legal basis for such an operation or action. The UN itself does not generally engage in peace
enforcement. When it is appropriate, the Security Council may use regional organizations for peace
enforcement action, which must always be initiated after authorization of the Security Council.
Although the line between “robust” peacekeeping and peace enforcement may appear blurred at
times, there are important differences between the two:
– Peace enforcement involves the use of military force, without the consent of the parties to
the conflict, while robust peacekeeping has the consent of the host country; and
– Both require the authorization of the use of force by the Security Council.
• Peacekeeping. Military operations designed to preserve peace where fighting has halted, often
to support the implementation of a ceasefire agreement or truce and to support diplomatic
efforts to reach a long-term political settlement.
Peacekeepers are powerful because they have money; mobility; force; and access to food, water,
and other goods. This causes a power imbalance between the peacekeepers and the host population.
Wearing a uniform brings with it personal responsibility. Those wearing the uniform have a
responsibility to the service for which they work to keep the peace in a dignified and civilized manner.
They also have a responsibility to the public. The primary responsibilities of uniformed personnel are to
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Ethics in Peace Operations
uphold the law, respect human rights, and set an example to society. Uniformed personnel are easily
identified by the public because of the uniform they wear.
The uniform represents power and force; the person wearing it is usually respected and often
feared. A person wearing a uniform usually also has more resources than the local population, especially
in conflict zones. Because of the power and influence that goes along with wearing a uniform, the
potential for abuse is present. This abuse can result in disrespect and even disgust for the person who
is abusive. It also, by extension, brings disrespect to the service as a whole. Peacekeepers who abuse
alcohol and indulge in sex for money while wearing a uniform also set a poor example to the public and
other people in the service.
Most peacekeepers use this power to do good. The international presence can have a positive effect
by initiating and supporting efforts to stop organized crime and improve the conditions of the local
population, including groups that are particularly vulnerable to the effects of human rights violations.
These vulnerable groups include women, children, minorities, refugees, internally displaced persons
(IDPs), and the elderly. As they are unable to withstand the pressures of conflict effectively, they are
easy prey for humiliation and physical abuse.
Some peacekeepers have, however, used their powerful situation to abuse vulnerable populations.
They do this by using prostitutes, often including children; by spreading HIV/AIDS; by getting involved
in or unknowingly encouraging organized crime involving prostitution and the trafficking of women;
by abandoning children they have fathered; and by abandoning women who have been promised
marriage or other benefits in exchange for a sexual relationship. This compounds the difficulties these
communities face. Such behaviour is illegal and morally unacceptable, and the UN will not tolerate it.
The UN Core Values — integrity, professionalism, and respect for diversity — form the basis for this
course. They are important principles and should not be underestimated.
Violations of UN values will result in a negative impact on the credibility of the UN.
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Ethics in Peace Operations
Method of Study
This self-paced course aims to give students flexibility in their approach to learning. The
following steps are meant to provide motivation and guidance about some possible strategies
and minimum expectations for completing this course successfully:
• Before you begin studying, first browse through the entire course. Notice the lesson and
section titles to get an overall idea of what will be involved as you proceed.
• The material is meant to be relevant and practical. Instead of memorizing individual details,
strive to understand concepts and overall perspectives in regard to the United Nations system.
• Set personal guidelines and benchmarks regarding how you want to schedule your time.
• Study the lesson content and the learning objectives. At the beginning of each lesson,
orient yourself to the main points. If possible, read the material twice to ensure maximum
understanding and retention, and let time elapse between readings.
• At the end of each lesson, take the End-of-Lesson Quiz. Clarify any missed questions by
rereading the appropriate sections, and focus on retaining the correct information.
• After you complete all of the lessons, prepare for the End-of-Course Examination by taking
time to review the main points of each lesson. Then, when ready, log into your online student
classroom and take the End-of-Course Examination in one sitting.
• Your exam will be scored electronically. If you achieve a passing grade of 75 per cent or higher
on the exam, you will be awarded a Certificate of Completion. If you score below 75 per cent,
you will be given one opportunity to take a second version of the End-of-Course Examination.
• A note about language: This course uses English spelling according to the standards of the
Oxford English Dictionary (United Kingdom) and the United Nations Editorial Manual.
• Forums where you can discuss relevant topics with the POTI community.
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ETHICS IN PEACE OPERATIONS
LESSON
1 Code of Conduct
Peacekeepers represent
both the UN and their own
countries.
Section 1.1 Guiding Principles for the UN • List and briefly discuss the UN code of
Peacekeeper’s Code of Conduct conduct and standards of behaviour
for service in field missions.
Section 1.2 The UN Code of Personal
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LESSON 1 | Code of Conduct
Peacekeepers from Senegal serving with the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) patrol
sensitive areas in central Mali. Peacekeepers speak with the local population during the patrol in the villages of So (Bandiagara),
Sadhia Pheul (Bankass), and Djominati (Bankass), outside of Mopti. 4 July 2019. UN Photo #814841 by Gema Cortes.
Introduction
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LESSON 1 | Code of Conduct
Peacekeepers are present in the mission area to aid in the recovery from the trauma caused by
conflict. As a result, they must consciously be prepared to accept social constraints in their public and
private lives in order to do the work and to pursue the ideals of the UN. Peacekeepers are accorded certain
privileges and immunities through agreements negotiated between the host country and the UN solely
for the purpose of discharging peacekeeping duties. At a mission, expectations of the world community
and the local population will be high, and the actions of peacekeepers must be correspondingly high.
Therefore, their conduct and actions will be closely observed.
» Integrity
• Stand by decisions that are in the Organization’s interest, even if they are unpopular.
» Professionalism
• Be conscientious and efficient in meeting commitments, observing deadlines, and achieving results.
Be motivated by professional rather than personal concerns.
• Show respect for and an understanding of diverse points of view, and demonstrate this
understanding in daily work and decision making.
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LESSON 1 | Code of Conduct
The following four additional guiding principles summarize the core values of the UN in its task of
maintaining international peace and security. Every peacekeeper must bear them in mind.
• Loyalty: Unqualified support. Fully and always supporting someone or something even when
circumstances or others may challenge this support.
• Respect: Acting with compassion and consideration for diverse peoples and their views.
In the following portion of this section, each principle is explained and accompanied by relevant
“Dos and Don’ts” to guide peacekeepers. Some of these guidelines will often apply to more than one
principle.
Impartiality
The impartial and objective pursuit of the mission’s mandate, regardless of provocation and challenge,
is essential to preserving the legitimacy of the operation and the consent and cooperation of conflicting
parties. The effort to maintain impartiality, however, must not promote inaction — impartiality is not
the same as being neutral or trying to please both sides despite one or more parties breaking the rules.
On the contrary, peacekeepers must discharge their tasks firmly and objectively without fear or favour.
Importantly, neither side should gain an unfair advantage as a result of the activities of a peace operation.
» Do
• Understand the mission mandate and any subsidiary directives and operational instructions.
» Don’t
Integrity
Personal integrity will establish both credibility and authority for the UN peacekeeper. It is essential
for the establishment of trust with the host population and as an expression of commitment to the
achievement of the mission mandate. Integrity involves behaving professionally at all times, whether or
not you are under observation.
» Do
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LESSON 1 | Code of Conduct
» Don’t
–Misconduct includes any act, omission, or negligence that violates human rights;
UN values; mission standard operating procedures (SOPs) or directives; or any other
applicable rules, regulations, or administrative instructions.
Respect
Within a UN peacekeeping mission, there will usually be a wide diversity of nationalities, races,
religions, and cultural backgrounds. Part of the strength of the UN lies in this diversity, and some
cultures and behaviours may be vastly different from your own. Treat all people with dignity and respect.
Show respect and understanding of diverse points of view, and demonstrate this understanding in your
daily work. Examine your own biases and prejudices, and avoid stereotypical attitudes. Also, exercise
restraint at all times in the expression of personal views.
» Do
• Treat the inhabitants of the host country with respect, courtesy, and consideration.
• Respect all other peacekeepers regardless of rank, ethnic or national origin, race, or gender.
» Don’t
• Commit any act that could result in suffering for the local population.
Loyalty
Remain loyal to the values, objectives, and goals of the UN and the mission mandate. You are in the
mission to serve the interests of the UN and the international community. Do not pursue any national or
personal agenda. Stand by decisions that are in the interests of the UN even if they are unpopular or different
from your personal interests. If you are in a decision making position, resist undue political pressure from
any faction or government. The sole consideration for all your actions and decisions is the interest of the UN.
» Do
• Dedicate yourself to achieving the goals of the UN in the mission regardless of your personal
views.
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LESSON 1 | Code of Conduct
» Don’t
• Discredit the UN or your country through improper personal conduct, failure to perform your
duties, or abuse of your positions as peacekeepers.
The 2017 CPTMs state that three principles underpin UN standards of conduct:
3 Treat the inhabitants of the host country 8 Show respect for and promote the envi-
with respect, courtesy and consideration. ronment, including the flora and fauna, of
You are there as a guest to help them and the host country.
in so doing will be welcomed with admira-
tion. Neither solicit or accept any material 9 Do not engage in excessive consumption
of alcohol or any consumption or
reward, honor or gift. trafficking of drugs.
4 Do not indulge in immoral acts of sexual, 10 Exercise the utmost discretion in handling
physical or psychological abuse or exploita- confidential information and matters of official
tion of the local population or United Nations business which can put lives into danger or
staff, especially women and children. soil the image of the United Nations.
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LESSON 1 | Code of Conduct
As an individual (and depending on your category), you are also liable to suffer various consequences
for your misconduct. The consequences will also depend on the severity of your offence or misconduct,
and all categories build on the same three principles of the UN standards of conduct as outlined in the
2017 CPTMs.
• Failure by a staff member to comply with his/her obligations under the UN Charter, Staff
Regulations and Rules, or other relevant administrative issuances.
• Failure by a staff member to observe the standards of conduct expected of an international civil
servant.
• Misconduct means any act or omission that is a violation of UN standards of conduct, mission-
specific rules and regulations, or the obligations towards national and local laws and regulations
in accordance with the status of forces agreement (SOFA) where the impact is outside the
national contingent.
• Serious Misconduct is misconduct, including criminal acts, that results in or is likely to result in
serious loss, damage, or injury to an individual or to a mission. Sexual exploitation and abuse
constitute serious misconduct.
• Minor Misconduct is any act, omission or negligence that is a violation of mission SOPs, directives,
or any other applicable rules, regulations, or administrative instructions, but which does not
result in or is not likely to result in major damage or injury to an individual or the mission.
• Serious Misconduct is any act, omission, or negligence, including criminal acts, that is a violation of
mission SOPs, directives, or any other applicable rules, regulations, or administrative instructions,
that results in or is likely to result in serious damage or injury to an individual or to the mission.
Categories of misconduct
Category I – Serious Misconduct offences are high risk, complex matters and serious criminal
cases.
4) United Nations, “Staff Regulations and Rules of the United Nations” (ST/SGB/2018/1). Available from: <https://hr.un.org/handbook/staff-rules>.
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LESSON 1 | Code of Conduct
Independent, professionally trained and experienced investigators best handle inquiries into
Category I matters. For military contingents, their national authorities are responsible for handling
investigations. Category I cases include:
• Breach of confidentiality;
• SEA;
• Conflicts of interest;
• Gross mismanagement;
• All cases involving risk of loss of life to staff or to others, including witnesses; and
The classification does not reflect the extreme distress such misconduct causes to victims. Mission
structures usually handle inquiries into Category II matters. These include:
• Contract disputes;
Consequences
Sweden is one of the major troop contributors
Depending on the level of the misconduct, staff may
to MINUSMA, with a battalion of 252 military
find themselves subject to one or more of the following personnel, including 25 women. A Swedish
consequences: peacekeeper on patrol in Timbuktu. 11 October
2018. UN Photo #782275 by Harandane Dicko.
• Internal Disciplinary Action. Staff may be subject
to disciplinary action by a superior officer or
supervisor. This may include a verbal or written
censure, a reprimand, and/or retraining in a skill area. Military peacekeepers may be subject
to the code of military discipline by the Member State that is responsible for taking disciplinary
and/or criminal action, resulting in fines, detention, repatriation, or dismissal.
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LESSON 1 | Code of Conduct
• Criminal Proceedings. In very serious cases of misconduct, especially where the laws of the host
country have been broken, peacekeepers may find themselves facing criminal proceedings in the host
country. The immunities and privileges that individuals have as UN peacekeepers do not in any way
permit them to break the established laws of the land.
The following two case studies highlight different breaches of the code of conduct and their
implications. Each consists of a short scenario, a series of questions, and notes.
In a short time, word spread around the local community that alcohol was on sale at one particular UN
position, and business boomed for the two soldiers. In order to secure more stock and to avoid raising
the suspicions of the PX staff, the two soldiers encouraged other peacekeepers to buy alcohol on their
behalf in return for a share of the profits. Sales continued to grow until word of the operation reached
local shopkeepers and civic leaders. They complained to the mission headquarters, which acted swiftly
to close the illegal operation and discipline those involved, but not before several articles had appeared
in the local press creating adverse publicity about the corrupt and unprincipled behaviour of the UN.
Questions to consider
» a. The community?
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LESSON 1 | Code of Conduct
This case study is intended to draw attention to the temptations of participating in the black
market. The peacekeepers would have been aware that most items in the PX shop are specially priced
or discounted and are not intended for resale, and they should not have utilized this concession for
personal gain. Their actions caused friction with the local community (albeit not with those locals who
were buying the alcohol), and more importantly, it seriously discredited the position and standing of the
UN and its field mission.
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LESSON 1 | Code of Conduct
Case Study 2 – “Are These the Sort of People the UN Sends to Help
Us?” »
There is a bar that is very popular with peacekeepers. A group of peacekeepers are spending a
night out at this bar. They have been there for about three hours, and from the loudness of their
conversation and their laughter, it appears they have been drinking quite a bit. Other patrons of the
bar are not looking too pleased, but nobody has requested that the peacekeepers keep their noise
down.
The trouble starts when one of the peacekeepers, while trying to stand up, stumbles and knocks
the drinks off the next table. Four local young men who have also been in the bar for some time
occupy that table. One of the local young men demands that the peacekeeper pays for his drink and
the broken glass and compensate him for his wet clothes. The peacekeepers disagree, and a loud
argument begins. Other patrons join the argument, and one local young man pushes a peacekeeper.
The peacekeeper retaliates with a punch, and a fight starts in the bar. More bottles and glasses get
broken and tables and chairs pushed aside. One peacekeeper has blood gushing from the side of his
head. Another has a swollen lip and a torn shirt.
Other peacekeepers arrive and assist in restoring order. They also persuade the drunken peacekeepers
to leave the bar. As they leave, one local was heard to say, “Are these the sort of people the UN sends
to help us?”
Questions to consider
This case study is primarily intended to draw attention to the inherent dangers of peacekeepers’
excessive indulgence in alcohol, especially in public places. There are also lessons to be drawn from the
local’s comment on how such conduct affects the credibility of the UN mission in a wider sense.
Even though peacekeepers may not be prevented by regulations from patronizing public bars in the
host country, their conduct while they are there is under the keen observation of the host population.
Drunkenness and indulgence in drugs usually lead to the lowering of one’s guard and clouds judgement.
In public places within the host country, it is important that peacekeepers exhibit the highest standards.
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LESSON 1 | Code of Conduct
End-of-Lesson Quiz »
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LESSON 1 | Code of Conduct
End-of-Lesson Quiz »
Answer Key »
1. A
2. C
3. D
4. B
5. C
6. D
7. B
8. A
9. A
10. C
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ETHICS IN PEACE OPERATIONS
LESSON
2 Cultural Awareness
The importance
of understanding
culture in peace
operations cannot be
underestimated.
Section 2.1 The Concept of Culture and its • Understand the concept of cultural awareness.
Importance
• List examples of cultural differences.
Section 2.3 Culture in Peace Operations • Deal with these stages in the field.
Section 2.4 Understanding Cultural • Apply concepts of cultural awareness to work and life in
Differences a multicultural environment.
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LESSON 2 | Cultural Awareness
Traditional Liberian dancers perform during a farewell for the UNMIL organized by the non-governmental organization Liberia Crusaders
for Peace in Monrovia. The ceremony brought together stakeholders, including traditional and religious leaders, women, and youth
groups, to say “thank you” to UNMIL for establishing peace and security in Liberia. The ceremony included musical and cultural
performances and messages expressing gratitude. 27 March 2018. UN Photo #755620 by Albert González Farran.
Introduction
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LESSON 2 | Cultural Awareness
working definition of culture is that it is a system of both implicit and explicit meanings, beliefs, values, and behaviours
shared by members of a community or a group through which experience is interpreted and carried out. Culture
determines the way we act, the manner in which we relate to others, and the way that we think about and interpret
events happening around us. This is important in peace operations as it will inform not only the way peacekeepers
approach their environment but also how they will be perceived by the populace with which they interact.
Culture is acquired through the process of socialization. We learn relative values and appropriate behaviours from
our community members. One level of culture deals with observable aspects, such as clothing, language, and food.
Another level, which we cannot always see, includes our shared ideas, beliefs, and values, which usually become
apparent when people from different social systems interact. Individuals also do not embody a single culture, but rather
multiple cultures. Many cultural groups exist within larger ones, including age, gender, class, profession, and religion.
Culture informs perception and behaviour. It is impossible to leave our cultural lenses behind during our
interactions, particularly the perspective and experience through which we interpret events. A number of factors play
roles with varying degrees in shaping a culture. Among these factors are:
• Urbanization – measure in how far people are concentrated in urbanized city areas;
• Migration – measure of people who move to or from a country, which brings different cultures together;
• Colonization – the settlement of one country in another and influencing the local culture;
• Minority experience – a group of people in a country that does not represent the majority; they can
sometimes feel dominated by the majority group;
• Gender – the interaction between genders and the expected values, roles, and responsibilities of genders
within a specific society;
• Language – a society can have many different languages that divide the groups;
• Profession – what people do for a living can shape their individual culture; and
words, we create bias. When we do this with cultural groups, there is a danger of developing negative bias, which
leads to prejudice. For example, the gender bias or stereotypes that are a generalized view or preconception about
attributes or characteristics, roles that are thought to be possessed or performed by men and women. It is harmful
when it limits women’s and men’s capacity to develop their personal abilities, make choices, or when it results in a
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LESSON 2 | Cultural Awareness
A cycle of prejudice begins when we start judging other cultures by our own set of definitional standards. Lack
of knowledge or an unwillingness to learn and adapt can result in an unintentional conflict or misunderstanding.
Prejudices are often based on imperfect information and are normally filtered through an individual’s background and
experiences. The only way to break this cycle is to be aware of cultural differences and try to understand their origins.
When working in a culturally diverse environment as peacekeepers, we have to be careful to question our own
• National contingents;
• Diverse personnel who work for diplomatic, humanitarian, and other civilian agencies;
• Different cultural identity groups which may or may not be parties to the conflict.
» Eating habits
Some nations use knives, forks, and spoons. Some use chopsticks and a spoon, while other nations use the
clean right hand instead of cutlery. Some nations eat from individual plates, and others have one big common plate.
» Food
Beef is not eaten in Hindu countries; Muslims do not eat pork; and
Christians keep cats, dogs, and horses as pets. These habits are different
differences exist.
» Religion
In some cultures, family ties are considered very important. Elders are most respected in some societies. As a
rule, paying respect to elders and being humble will rarely be wrong. Gender beliefs of the local community may be
different from yours. In some matriarchal societies, women do all the work and are the “providers” for the family.
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LESSON 2 | Cultural Awareness
» Communication
Language is culture-specific. Cultural undertones always exist when a person is speaking in English and is not a
native of an English-speaking country. You might not always understand and may have to ask the person to repeat
or re-phrase. When speaking English to a non-native speaker, it is best to use short sentences and avoid complicated
grammar. Humour can be a positive approach, but be aware that humour is not cross-cultural, and that your sense
» Body language
Body language is important as it conveys many things that you do not say. Different gestures have different
meanings in different cultures. Genuinely empathetic and positive physical expressions (like a smile) will almost never
be misunderstood. A polite handshake is accepted in many cultures, although there are exceptions (for example,
men may not shake hands with women). Men walking hand in hand are quite common in many countries and indicate
trust and friendship. In some other cultures, hand-holding may be related to sex.
» Dress code
Dress codes differ among various cultures. It depends upon customs, traditions, and the climate. Peacekeepers
» Traffic
Countries have different traffic conditions and rules. Peacekeepers need to understand them and adapt to them.
Many casualties in peacekeeping are not from combat, or from sickness, but rather from traffic accidents.
• Drive defensively.
» Time
The concept of time also differs between cultures. The military has its own understanding of what being “on
time” means, which may differ substantially from what is understood by civilians or the local community. In some
Inversely, a strong understanding of individual and collective cultures can enable peacekeepers to develop successful
relationships within the peacekeeping force and the populace that they are supporting. Cultural awareness is
necessary to manage these differences, which we otherwise tend to measure against our own standards.
• As a first step, we need to understand our culture fully, how personal cultural experiences have shaped our
• The next step is to understand the specific culture or cultures with which we would be working.
• Lastly, we need to view cultural differences not as weaknesses but as strengths that enable us to solve
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LESSON 2 | Cultural Awareness
Try to know at least the most current development in the local history of the mission area. You can be sure that
the parties have different opinions on that history, but knowledge of basic facts is helpful and makes you a more
convincing peacekeeper. Individuals will better relate to those whom they believe understand their experiences,
Arriving in a mission brings with it exposure to an unfamiliar climate, language, currency, sights, and colleagues.
An adaptation process is necessary to adjust to the new culture. The stages of the adaptation to a new culture are:1
• Honeymoon
• Initial confrontation
• Adjustment crisis
• Recovery
Upon arriving in a mission, it is normal to face some discomfort. Some become homesick or depressed, while
others may become hostile towards the host nation’s culture. How do you manage culture shock? Speak out with
your friends and your commanders. Ask questions before getting angry about attitudes or facts that you may be
misinterpreting. If you have previous experience in peacekeeping, you may not feel this. In that case, you should
1) Originally conceptualized by anthropologist Kalervo Oberg in a talk to the Women’s Club of Rio de Janeiro in 1954.
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LESSON 2 | Cultural Awareness
Knowledge and understanding of other cultures are critical for the maintenance of good relations with all the
people in the mission. It will not only help you as an individual, but your organization will also work more effectively,
and the mandate will be easier to accomplish. Always remember that each organization also has its own culture
and values. As you did for other people in the mission area, do your best to know and understand the culture of all
Remember: If you are humble, respectful, and friendly, you will often be fine.
destroyed accidentally or, in some cases, deliberately. While there has been widespread consideration of how to
protect communities, cultural heritage has not received the same consideration. Although their advice was largely
ignored, for more than 2,500 years, military theorists — from Sun Tzu in sixth century B.C. China to Clausewitz in
nineteenth century A.D. Europe — have argued that damaging and destroying the cultural heritage of vanquished
enemies is bad military practise, highlighting how its destruction or pillage can make occupied communities more
difficult to control and can provide justification for the next conflict.
Cultural heritage is important to our memory and identity. Without cultural property, it is impossible to develop
an understanding of the past and how the modern world has come about and how it might develop in the future. Just
as an individual without a memory is a dysfunctional individual, a community or society without a memory (cultural
heritage like its language, stories, songs, customs, etc.) can become dysfunctional and difficult to govern.
Cultural heritage includes tangible places (such as historic sites and buildings) and moveable artefacts (like
archives, libraries, art, and museum collections). These are often collectively referred to as “cultural property”. It
also includes intangible remains of the past such as song, dance, and oral traditions remembered and “carried” by
individuals and communities. Protecting intangible cultural heritage can be considered as part of the wider framework
of protecting civilians, just as is looking after their physical security. It is important that you are aware of any efforts
to interfere with any group practising their legitimate cultural practices. This is an important part of providing and
It is important to understand that cultural rights and the right to participate in the cultural life of a community
are part of the Universal Declaration of Human Rights. According to the UN Office of the High Commissioner for
Human Rights (OHCHR), cultural rights, including expressions of heritage and the right to enjoy and to access
2) Emma Cunliffe, Paul Fox, Peter Stone, “The Protection of Cultural Property in the Event of Armed Conflict: Unnecessary Distraction or Mission-Relevant
Priority?”, NATO Allied Command Transformation, Volume 2, Number 4, Summer 2018.
33
LESSON 2 | Cultural Awareness
The following six case studies present different cultural situations that one might encounter in the field. It is
Questions to consider
This case study demonstrates how a lack of cultural awareness can endanger the lives of civilians and undermine
mission credibility. It also presents an opportunity to discuss how cultures may differ between peacekeepers and
civilians in the places peacekeepers operate. It is important to discuss how the peacekeepers should respond in
this situation and how their relationships with community leaders can be used — and potentially affected by these
circumstances.
A peacekeeper’s responsibility to protect the civilian population can be undermined by fraternization. In extreme
cases, fraternization can have unintended consequences, especially when cultural differences are not recognized
or respected. Traditional justice systems and cultural norms may be anathema to a peacekeeper’s own cultural
expectations and the overall mission of the peace operations force. Regardless, these cultural norms must be known,
34
LESSON 2 | Cultural Awareness
Questions to consider
This case is a good example of how easy it is to overlook cultural differences. This case is also a good example
of how simple differences can quickly escalate into conflict. The study of another culture and reliance on previous
experiences in peace operations will help individuals and organizations avoid unintended conflict. Identifying cultural
differences and potential conflicts is the responsibility of every peacekeeper, not merely those in a leadership role.
35
LESSON 2 | Cultural Awareness
Questions to consider
3. What actions led to the dynamic between the major and the
colonel? What effect will this have on the rest of their respective
contingents?
4. How could this situation have gone badly? How does one
recover from a cultural misstep?
Simple, empathetic, and kind gestures can go a long way in building rapport and enabling future operations.
Despite the cultural differences, the efforts of the colonel’s contingent created a favourable dynamic between the two
contingents. In some cases, the public display of companionship is as valuable a transaction as material goods. This
case presents a good example of rapport building despite cultural variance, patience with new cultural experiences,
and how different cultures may identify different values with different actions.
36
LESSON 2 | Cultural Awareness
Questions to consider
5. How would you define “cultural respect” and its role in this
scenario?
This case presents a good opportunity to discuss cultural value differences. There may arise circumstances in
which certain cultural differences cannot be avoided and will result in conflict; in this case, the value of religious
practice and the value of time. In this example, it seems like the flight schedule was of preeminent importance to the
MC corporal, and prayer time was non-negotiable to the Middle Eastern contingent.
First, awareness and respect of each culture’s values are important. Second, it is necessary to communicate
those values and their significance if a resolution is to be achieved. This case should allow for a discussion of
37
LESSON 2 | Cultural Awareness
Questions to consider
This case, much like the first case, demonstrates a situation in which organizational culture and national culture
are at odds. As with many of the cases, a simple study of customary behaviour could have informed the instructor’s
behaviour and prepared him for the situation. Furthermore, communicating anticipated competition between cultural
differences could have afforded the instructor with the appropriate authority to accept the gift without incident. In
this case, it is important to also note the importance of experience (the old UN instructor) and how cultural subtleties
38
LESSON 2 | Cultural Awareness
Towards the end of a deployment, members of your contingent visit a local market to purchase souvenirs to
take home with them. There are a number of beautifully carved artefacts for sale, and although they are expensive,
they are obviously worth the money. Later, you hear a rumour that the artefacts have been forcibly taken from a
Questions to consider
History is littered with examples of victorious armies removing the cultural property of the enemy they have
just defeated as the “spoils of war”, but the phenomenon can also happen in other contexts as well. For example,
it is easy to see how peacekeepers might want to return home with a souvenir of their deployment. However, that
might be inadvertently contributing to ethnic cleansing and the ongoing damage to people’s culture and heritage.
Even souvenirs bought at a local market may have been the result of looting, so special care (and advice where
required) must be taken to ensure that you are not accidentally contributing negatively to the situation in which you
find yourself. Items should be returned through the appropriate organizational channels.
39
End-of-Lesson Quiz »
End-of-Lesson Quiz »
Answer Key »
1. B
2. A
3. B
4. C
5. B
6. A
7. B
8. A
9. B
10. D
41
ETHICS IN PEACE OPERATIONS
LESSON
It is essential that
peacekeepers of all
nations, whether
military, police, or
civilian, understand the
significance of gender
relations in the work they
undertake.
UN Photo #483130 by Logan Abassi.
Section 3.1 Gender versus Sex • Describe the difference between gender and
sex.
Section 3.2 Gender Analysis in Military Operations
• Understand how conflict affects the
Section 3.3 Gender Roles
relationships and roles of men and women.
Section 3.4 Gender Discrimination
• Understand how the presence of
Section 3.5 Gender and Human Rights peacekeepers may further impact these roles
and relationships.
Section 3.6 The Impact of Conflict on Women
42
LESSON 3 | Gender and Peace Operations
Daniela Elizabeth Giuliano (second from right) addresses the special event to mark the United Nations International Day for the
Elimination of Violence against Women (25 November) on the theme “Orange the World: Hear Me Too”. From left to right are María
Fernanda Espinosa Garcés, President of the seventy-third session of the General Assembly; Secretary-General António Guterres; and
Phumzile Mlambo Ngcuka, Executive Director of the United Nations Entity for Gender Equality and the Empowerment of Women (UN
Women). 19 November 2018. UN Photo #786920 by Loey Felipe.
Introduction
43
LESSON 3 | Gender and Peace Operations
Without an understanding of the structure of relations between women and men, how violent conflict
affects them, and how the mere presence of peacekeepers further affects those relations, there can be
little meaningful advancement in the effectiveness of peacekeeping operations.
At the same time, when peacekeepers have an understanding of gender issues, UN peace operations
are meaningfully enhanced, and the chances of achieving sustainable peace are greatly improved.
Gender is about the ever-changing roles that the family, community, and State expect women,
men, boys, and girls to exhibit in public and in private. Gender is based upon preconceived ideas
regarding how to behave and think if one is male or female. One’s gender can change across time and
culture. Society’s beliefs about gender have a profound impact on the opportunities men and women
can receive, as well as access to resources and rights.
Unlike gender, sex is fixed, determined by biology at birth and is universally recognized, though “the
relationship between biology and culture is much more dynamic than previous research suggested”.2
We all know the physical differences between the sexes. Gender roles are determined by the roles
that society gives to men and women, but sex roles do not change. For example, those born female
give birth and breastfeed children. This is a sex role because males are not physically equipped to
fulfil these functions. However, both men and women can take care of children; it is “the behaviours,
attitudes, emotional styles, personality types, thoughts, and responsibilities that different societies
consider appropriate for women and men” that determine whether this responsibility should fall to men
or women in a society. In sum, individual societies determine gender roles, and biology determines sex.3
Males and females possess certain characteristics that are representative of their sex. For example,
men typically have greater body mass than women and are generally physically stronger. They can
also grow beards, and their voices change at puberty. These characteristics are determined by their
biological make-up and, therefore, cannot change. However, both men and women can follow any
career path that they so desire, including as soldiers, politicians, or social leaders. This public role is
determined by society and culture.
Both sex and gender roles have an effect on one’s own freedom of movement. The need for specific
services, such as reproductive health care for women, has the potential to influence the kinds of work
people strive to accomplish.
Gender is the social meaning and value given to being a woman or a man and encompasses the
social characteristics — not biological differences — used to define a woman or a man. Gender is
ascribed to boundaries of what society expects women and men to do and be in their culture and shapes
1) United Nations, “Standard Generic Training Module (SGTM) 6C: Gender and Peacekeeping”.
2) Jennifer Wittwer, “Sex and Gender,” in Preventing Violence Against Women and Promoting Gender Equality in Peacekeeping, ed. Harvey Langholtz
(Peace Operations Training Institute, 2018), 42–67.
3) Wittwer, “Sex and Gender”, 45.
44
LESSON 3 | Gender and Peace Operations
expectations, including different entitlements of women and men. Such gender roles and relations vary
between and within societies and may be influenced by a person’s class, race, ethnicity, caste, sexual
orientation, age, social group, and life experience. Since gender is socially constructed, it is learned and
can change. Gender is:
• Socially determined;
• Determined by culture;
• Culture-specific; and
Sex refers to biological differences between women and men. Examples are chromosomes, anatomy,
and hormones. “Male voices break at puberty, female voices do not” is a statement about the sexual
differences between females and males. Sex is:
• Biologically determined;
• Universal; and
• Unchanging.4
Gender establishes rules, norms, customs, and practises through which biological differences may
become social differences; sex describes the biological differences between men and women, which are
universal.
The integration of gender perspectives in peace support operations enables planning at all levels to
better understand the societal and structural processes, contexts, and expected effects —influencing how
military operations and missions are conducted. By looking at the entire population, recognizing their
specific needs and contributions, and providing the appropriate comprehensive response, operational
4) For a discussion of new research on the relationship between biology and culture, see: Jennifer Wittwer, “Sex and Gender,” in Preventing Violence
Against Women and Promoting Gender Equality in Peacekeeping, ed. Harvey Langholtz (Peace Operations Training Institute, 2018), 42–67.
5) Organisation for Security and Co-operation in Europe, “Gender in military operations: Guidance for military personnel working at tactical level in
Peace Support Operations”, (Vienna: Organization for Security and Co-operation in Europe, 2018), 13. Available from: <https://www.osce.org/
secretariat/401705>.
45
LESSON 3 | Gender and Peace Operations
Conducting a gender analysis prior to any operation is essential to ensure operational responses are
effective and will have the intended outcome, while also protecting against unintentional harm to any
group within the society.7
Variations between cultures. Being submissive, subordinate, and discreet may be thought of as
womanly in some cultures but not in others. Likewise, men in some societies are valued for being tough,
strong, or warlike, but this can also change. We all have ideas of what women and men are capable of
and what roles they can fill.
Social differences. Not everyone in society is seen in the same light. Poor women generally work,
often in and out of the home. Women and men may be equally discriminated against if they are from
a lower caste or place in society. Likewise, race is a significant factor in society’s image of what is
appropriate for men and women, and age can provide women with more respect and recognition. In
some societies, however, discrimination against women may increase if they are widows.
The attitudes, behaviours, jobs, and responsibilities imposed by society on men and women can vary
from person to person and from culture to culture. How should men and women behave or not behave?
46
LESSON 3 | Gender and Peace Operations
What jobs can they do or not do? What roles should they fill or not fill? These are all questions of gender.
• Denial of political rights to women (the right to vote, the right to be elected);
• Lack of uniform application of laws (dress codes, freedom of movement, property rights, divorce,
children, inheritance, etc.);
• Vulnerability to sexual crimes, such as rape, trafficking, and abuse (prostitution, soliciting,
pornography, sex with minors, etc.);
• Separation of men and women so that both sexes can be victimized, including specific actions
to kill, displace, rape, or capture on the basis of sex (e.g., separation of men and women in
Srebrenica, where approximately 8,000 men and boys were massacred, while scores of women
were raped and killed);
• Sex-specific unemployment (laws that prevent women from employment generally or in certain
categories).
Peacekeepers are obliged to uphold human rights. As members of UN missions, peacekeepers are
bound by the spirit and principles of the Charter of the United Nations, the Universal Declaration of
Human Rights, and other relevant international treaties and conventions. These agreements serve as
the universally accepted standards that UN peace operations must adhere to, promote, and defend.
Peacekeepers cannot choose which human rights to uphold and which to ignore. Instead, they must
47
LESSON 3 | Gender and Peace Operations
uphold all. International human rights laws are based on universally shared values regarding respect for
the dignity of the individual. Perversion of these laws is partly a result of war and conflict. Peacekeepers
have a responsibility to respect the local culture and develop trust with the host population. This, in
turn, increases the peacekeepers’ own security.
Conflict destroys or disrupts government and social services such as education and health care.
It can cause shortages in goods and services; inflation of prices; growth of the illegal black market;
and damage to the physical infrastructure, including roads, bridges, power, public transportation, and
communication lines. Women lose access to reproductive healthcare and schooling for their children.
They can also lose their peacetime jobs, pensions, and other necessities of life. Due to poverty and
desperation, women and children are prey to organized crime and are subject to the pressure of earning
a living. Some may be forced to turn to begging and prostitution.
Conflict can disrupt gender roles often on the basis that the majority of women are not involved in
major fighting groups and are therefore left to take on male-associated roles as men engage in conflict.
Even when women have a role in major fighting groups, their involvement in peace processes is often
neglected. Women can:
Incorporating women into the peacebuilding process can build on societal changes that may be
occurring naturally as a result of the cultural turmoil that ensues from conflict. Ignoring the experiences
of women risks overlooking their legitimated needs and concerns in new institutions and settlements.
Stability tasks should support local women’s initiatives and local processes to ensure women’s
perspectives are recognized as part of an inclusive response to conflict resolution.
During armed conflict, women also assume new roles and responsibilities within the family and the
community. Men and boys go to war, leaving some women to care for the home, property, and remaining
family. Many women play a more public and political role than they do during times of peace. Women
provide leadership and support, and they expect this to continue in the post-conflict environment.
While some women remain at home during conflicts, others go to war as soldiers, messengers, camp
followers, and “bush wives”, mostly against their will.
Women contribute to the war effort in many different ways. Some provide safe houses, supplying
48
LESSON 3 | Gender and Peace Operations
food and shelter. Others distribute information or act as messengers. They also contribute to the
peace effort by mobilizing for action to stop the fighting, crossing the lines of fire, or lobbying political
figures.
Women are more likely to provide a fuller picture of community problems than men because they
have remained at home throughout the conflict, taking care of the elderly and the children who have
survived. This requires strength and resourcefulness.
Surviving in war-torn conditions is difficult. In order to survive, women develop skills that bring them
more confidence and knowledge about life outside the domestic sphere. These positive features often
go unnoticed by the international community. Peacekeepers can contribute to this education process by
ensuring that they provide all possible support to leading women community members.
Special vulnerabilities
In many armed conflicts, most civilian deaths are due to starvation, disease, exposure, dehydration,
and other causes besides violence. Civilians are especially vulnerable when they flee or are forced from
their homes and lose their sources of sustainment and communal networks. Generally understood as
a person who leaves his or her country due to a well-founded fear of persecution due to race, religion,
nationality, membership of a particular social group, or political opinion, the term “refugee” has been
expanded to include any person who has fled from war or other violence in their home country. Large
concentrations of displaced persons often dwarf the availability of resources to sustain them, and they
are often vulnerable to extortion, human trafficking, conflict-related sexual violence (CRSV), and other
acts of violence.
As will be discussed in depth in Lesson 4, women are particularly vulnerable to sexual violence
during armed conflict. Sexual violence is often a strategic weapon of war, not a random act. It is used
to terrify, intimidate, and destroy the enemy psychologically. Sexual violence is prevalent during armed
conflict because of the absence of law and order, the breakdown of traditional social values, and the lack
of traditional male protectors. All sexual violence is unacceptable.
Organized crime often moves into the vacuum created by the absence of law enforcement. Human
trafficking and forced prostitution have become increasingly common in post-conflict societies. Unfortunately,
women easily fall prey to traffickers due to their vulnerability and desperation in situations of conflict.
Female-headed households are particularly affected by the absence of social services and the
increase in poverty due to loss of income and lack of employment. Because of their social roles and
the absence of male family members, women are often unable to move freely, to approach official
structures, to get financial assistance, or to claim rights to property and inheritance.
49
LESSON 3 | Gender and Peace Operations
Reporting: there will always be a need to report, even when you may also act to protect human
rights. Obtain as much information as possible of the alleged human rights abuse (make notes, take
photos) and report it as soon as possible to your superior or next higher headquarters (HQ). Report on:
What, Where, When, Who, How?
Protecting: If you are allowed or obliged by the mandate of the mission to act to protect a person’s
rights (e.g. the right to life), this will be made clear in your instructions/orders and ROEs. There will be
no specific ROEs for use for protection of gender or human rights; the ROEs will apply to all situations
that may require the use of force. ROEs are mission-specific, as they depend on the mandate and other
factors, but they may have common themes.
10) United States Joint Chiefs of Staff, “JP 3-07.3 Peace Operations 2018”, March 2018, page II-22.
50
LESSON 3 | Gender and Peace Operations
This, in fact, is its greatest success. In the years since the adoption of resolution 1325, the international
community has built up an impressive normative framework on women, peace, and security, including
seven subsequent resolutions,11 and lofty commitments on the part of Member States and the UN to
advance gender equality.12
Women, peace, and security is an internationally recognized term that includes protective and
participatory dimensions and addresses the disproportionate and unique impact of conflict on women.
Sexual violence and other gender-based violence frequently occurs during conflict and in fragile societies.
It is usually, but not always, directed against women and girls. The protective dimension mitigates harm,
exploitation, discrimination, abuse, conflict-related sexual violence, and human trafficking while holding
perpetrators accountable. This protective dimension also addresses access to humanitarian assistance,
relief, and recovery and protection of human rights. Human trafficking and sexual exploitation and
abuse are particularly damaging when conducted by personnel in peace operations.
Gender issues also include women’s participation in a nation’s political, economic, and security
sectors and institutions as women are vital to establishing peace and maintaining future stability. This
participatory dimension helps to safeguard women’s interests and results in greater stability. Institutions
are more effective and societies are more stable when women are integrated rather than marginalized.
Relevant terminology
Women, Peace, and Security (WPS): The term used for programmes related to implementing United
Nations Security Council resolution 1325 and subsequent supporting resolutions.The Security Council
has adopted ten resolutions related to Women, Peace and Security. These are 1325 (2000), 1820
(2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106, (2013), 2122 (2013), 2242 (2015), 2467
(2019), and 2493 (2019), which form the framework for the UN Women, Peace and Security agenda.
Lesson summary
The most important message in this lesson is the impact of conflict on the roles and relationships of
men and women and how the presence of peacekeepers may further affect these roles and relationships.
It may also be useful to keep in mind that this is a human rights-based approach. It is not a question
of what is “good” or “correct”, but of the human rights of women and men.
11) Security Council resolutions 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013), 2242 (2015), 2467 (2019), and 2493
(2019).
12) UN Women, “Preventing Conflict, Transforming Justice, Securing Peace: A Global Study on the Implementation of United Nations Security Council
resolution 1325”, 2015.
51
LESSON 3 | Gender and Peace Operations
Initially, the FHQ was reluctant to release the assets needed – a helicopter to get to the city of Beni
and then to go north the next day to the village of Eringetti. The Force Commander did at last agree
and stated that he would visit the area too. The following day the helicopter landed on a cleared
area close to the Eringetti Administrators’ hut. A crowd gathered and followed the Force Commander,
his close protection team, the military gender adviser, and the Tanzanian military policewoman. The
(male) community liaison assistant met the HQ entourage and took the Force Commander to meet
with the (male) Territorial Administrator.
The Force Commander held a meeting with local men and women and listened to their concerns. He
then left, and the local women remained to talk with the (female) military gender adviser. Initially, the
discussion was about more trivial matters such as nail varnish and clothing. After a while, however,
the women explained that when they were tending their crops, they were being attacked. They also
said that Congolese security forces in the area (known as the Armed Forces of the Democratic Republic
of the Congo, or “FARCD”) took the women as wives, but that when these troops left to go to another
area, they would not take the “wives” with them, some of whom were pregnant.
The women drew a map of the farming land and pointed to the fields next to the bushes and wooded
area of Virunga National Park. They explained that this was where the men hid before attacking
them and then running away. Attacks took place during the day in isolated fields, and sometimes
the illegally armed men would attack the villagers in their huts during the night. The military gender
adviser took the notes she had taken and the hand-drawn map back to Goma HQ and shared it with
the Intelligence and Operations branches. As a result, the troops near Eringetti were directed to
conduct patrols near the fields where the women worked and to carry out night time patrols to deter
the illegally armed groups from attacking the villages.
• The UN headquarters (UNHQ) staff learned that Congolese women’s voices needed to be heard
in order to have better situational awareness. It was apparent that the experiences of women in
the village were different than the men’s and that they had more relevant information about the
13) United States Army, “Sollims Lessons Learned Sampler: Operationalizing Women, Peace, and Security”, vol. 8 iss. 2, November 2017.
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LESSON 3 | Gender and Peace Operations
• Military Commanders often do not consider the importance of having women military personnel
engage with local women as part of understanding the human terrain.
• A woman peacekeeper with linguistic skills can be more useful than a male Swahili-speaking (in
this case) community liaison officer.
• The mere presence of senior UN military leadership at a meeting with women can lift the status
of women in the eyes of their community (the UN Force Commander and his insistence on
speaking to the Congolese women was a lesson to the Congolese Territorial Administrator, who
was at first dismissive of including the women of the community in engagement with the UN).
• The Congolese women felt more empowered than before, as the UN had made an effort to hear
their side of the story.
• The reputation of the UN may have improved slightly for showing both that it wanted to hear
from women as well as men and that it took time and resources to visit an isolated location.
• There is a possibility that the information from the woman that was fed into the military
component’s planning cycle led to a reduction in attacks in the Eringetti region, but this is
difficult to assess.
53
LESSON 3 | Gender and Peace Operations
End-of-Lesson Quiz »
A. women
B. men
C. young children
D. the elderly
54
LESSON 3 | Gender and Peace Operations
End-of-Lesson Quiz »
Answer Key »
1. C
2. A
3. B
4. A
5. A
6. D
7. A
8. A
9. D
10. D
55
ETHICS IN PEACE OPERATIONS
LESSON
Sexual Exploitation and Abuse
Section 4.1 Sexual Exploitation and Abuse • Recognize the meaning of sexual exploitation
(SEA) and abuse.
Section 4.2 Conflict-Related Sexual Violence • Understand the meaning of human trafficking.
56
LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
Nancee Oko Bright (fourth from right), Chief of Staff of the United Nations Organization Stabilization Mission in the Democratic Republic
of the Congo (MONUSCO), and Fatoumata Ndiaye (right), Deputy Executive Director of UNICEF, participate in the official ceremony
to launch three new projects organized by the Conduct and Discipline Section of MONUSCO with funding from the Special Fund for
Assistance to Victims of Sexual Abuse and Exploitation. A participant in one of the projects gives a demonstration during the ceremony.
8 May 2018. UN Photo #763781 by Michael Ali.
57
LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
It is essential that all personnel serving in a UN peace operation, whether military, police, or
civilian staff, have an understanding of the UN standards of conduct with regard to SEA, as well as the
relationship of human trafficking to sexual exploitation. They should be aware of the clear UN policy
against any involvement, direct or indirect, in such acts and the disciplinary measures that will be taken
against any individual found responsible for such conduct.
Experience has demonstrated that the compounded negative effects of such conduct by any
peacekeeping personnel are extremely serious:
• It has a serious negative impact on the image and credibility of the mission as a whole;
• It may affect the security of the individual, the contingent, or even the mission;
If peacekeepers are to play a part in protecting the most vulnerable populations, it is essential
that they gain an understanding of SEA, human trafficking, and the consequences involved in being
responsible for such acts.
Relevant terminology
Gender-based violence (GBV) [US Department of State term]: GBV is an umbrella term for
any harmful threat or act directed at an individual or group based on actual or perceived biological
sex, gender identity and/or expression, sexual orientation, and/or lack of adherence to varying socially
constructed norms around masculinity and femininity. It is rooted in structural gender inequalities,
patriarchy, and power imbalances. GBV is typically characterized by the use or threat of physical,
psychological, sexual, economic, legal, political, social, and other forms of control and/or abuse. GBV
impacts individuals across the life course and has direct and indirect costs to families, communities,
economies, global public health, and development.2
Gender-based violence (GBV) [UN term]: Any harmful act directed against individuals or groups
of individuals on the basis of their gender. It may include sexual violence, domestic violence, trafficking,
forced/early marriage, and harmful traditional practices.3
Sexual/gender-based violence (S/GBV) [NATO term]: An umbrella term for any harmful
threat or act directed at an individual or group based on actual or perceived biological sex, gender
identity and/or expression, sexual orientation, and/or lack of adherence to varying socially constructed
norms around masculinity and femininity. It is in structural gender inequalities, patriarchy, and power
1) North Atlantic Treaty Organization, “MCM-0009-2015 Military Guidelines on the Prevention of, and Response to, Conflict-Related Sexual and Gender-
Based Violence”, 1 June 2015.
2) United States Department of State, “United States Strategy to Prevent and Respond to Gender-Based Violence Globally”, 2016.
3) United Nations Office of the High Commissioner on Human Rights, “Sexual and gender-based violence in the context of transitional justice”, Geneva,
October 2014.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
imbalances. GBV impacts individuals across the course of life and has direct and indirect costs to
families, communities, economies, global public health, and development.4
Sexual and gender-based violence (S/GBV) [UN term]: This term is used to describe any
type of violence that is directed against individuals or groups on the basis of their sex. The reference
includes any act that inflicts physical, mental or sexual harm or suffering, threats of such acts,
coercion, and other deprivations of liberty. While women, men, girls, and boys can be victims of
gender-based violence, women and girls are the main victims. In post-conflict countries, levels of S/
GBV are specifically high.5
Sexual violence:6 An act of a sexual nature against one or more persons or that caused such
person or persons to engage in an act of a sexual nature by force or by threat of force or coercion,
such as that caused by fear of violence, duress, detention, psychological oppression, or abuse of power
against such person or persons or another person, or by taking advantage of a coercive environment or
such person’s or persons’ incapacity to give genuine consent.
• Anyone found to have violated UN standards of conduct receives appropriate disciplinary action.
4) North Atlantic Treaty Organization, “Bi-strategic Command Directive 040-001 (Public Version): Integrating UNSCR 1325 and Gender Perspective into
the NATO Command Structure”, 17 October 2017, 6.
5) United Nations, Department of Peacekeeping Operations and Department of Field Support, “DPKO-DFS Gender Forward Looking Strategy – 2014-
2018”, 2014.
6) DPKO/DFS guidelines: Integrating a Gender Perspective into the work of the United Nations Military in Peacekeeping Operations (March 2010), Office
of the Military Adviser, Department of Peacekeeping Operations,380 Madison Avenue, New York: https://peacekeeping.un.org/sites/default/files/
dpko_dfs_gender_military_perspective.pdf
7) United Nations, UN Peacekeeping, “Standards of Conduct”. Available from: <https://peacekeeping.un.org/en/standards-of-conduct>.
8) UN Secretary-General, Secretary-General’s Bulletin, “Special measures for protection from sexual exploitation and sexual abuse” (ST/SGB/2003/13),
9 October 2003.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
Sexual exploitation and abuse are prohibited and may amount to criminal acts. The UN has a clear
policy of standards of conduct on sexual exploitation and abuse. The UN definition, as stated in the
Secretary-General’s bulletin on the subject, is as follows:9
For the full text, please refer to Appendix D. It is directly applicable to all UN staff as it is a common
standard that all UN personnel are expected to uphold. Examples of sexual exploitation include:
• Physical violence of a sexual nature, abusive or non-consensual sex (e.g. sexual assault, rape);
• Having sex or any sexual activity with children (anyone under the age of 18) will always be
considered to be sexual abuse (mistaken belief in the age of a child is not a valid defence/
excuse);
• Providing assistance or aid of any kind (food, clothing, lodging) in exchange for sexual favours;
• Buying sex from sex workers, even if prostitution/sex work is legal in the host country;
• Rape.
Unfortunately, there have been allegations of misconduct involving peacekeeping personnel. The UN
has taken action against personnel violating the standards of conduct on SEA, but the problem persists.
The UN continues to improve how it:
9) United Nations, Secretary-General’s Bulletin, “Special measures for protection from sexual exploitation and sexual abuse”, (ST/SGB/2003/13), 9
October 2003.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
Individual peacekeeping personnel are responsible for their behaviour and preventing SEA.
In post-conflict environments, why are certain groups, especially women and children, particularly
vulnerable to sexual exploitation and even sexual abuse?
• Typically, the normal economy has collapsed, and the local population lives under poor economic
circumstances. Women, in particular, may have low education, few skills, and slim prospects for
employment. Prostitution is often prevalent because of the economic climate.
• Women become the heads of their households when the men are away at war. They need to
survive financially and are often supporting extended families. However, in traditional views of
society, women are not expected to be breadwinners since they are assumed to lack the skills
and education necessary to be accepted in the workforce.
• In this environment, exchanging sex for money or food can often be a way of survival for many
individuals and the families who depend on them.
• Legal protections may also be absent or weak since the legal infrastructure may be non-existent
or in disrepair. Women may be unaware of their rights and feel powerless to complain if their
rights are abused. There is also a feeling that international personnel are immune to or above
the law.
UN peacekeepers, along with the personnel of other international humanitarian aid organizations,
are viewed by the local community as a source of revenue, employment, and survival. Consequently,
these peacekeepers enjoy a position of greater power over local populations that are vulnerable to all
kinds of exploitation, including sexual exploitation.
UN guidance documents lay the foundation for the organizational approach to address CRSV. The
increasing incidents of CRSV against women and girls have called for a new approach to effectively
address the challenges and combat sexual violence. The UN approach is to work jointly with the host
government and draw on the expertise of all relevant partners to:
10) United States Institute of Peace, “Preventing Conflict Related Sexual Violence”. Available from: <https://www.usip.org/programs/preventing-conflict-
related-sexual-violence>.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
Missions should focus on the elimination of CRSV and the protection of children from threats —
including their recruitment as child soldiers. These often-overlooked problems are critical to address
since it is impossible to have a secure environment and adequate protection of civilians when atrocities
of these types are rampant. A visible and enduring UN presence in vulnerable areas may include active
patrols, escorts for vulnerable groups, pre-emptive actions to address emerging threats, and responses.
Credible, timely, and robust responses by UN peacekeeping personnel can prevent, deter, or neutralize
CRSV threats.
The Security Council also directs peacekeeping missions to implement the CRSV mandate in specific
ways:11
• Mainstream CRSV prevention and response measures. This should be reflected in key mission
documents such as the Mission Concept, mission protection of civilians (POC) strategy, concept
of operations (CONOPS) for military and police components, operations orders, and other civilian
substantive component work plans.
• Political dialogue or engagements and advocacy with all parties to a conflict should address
CRSV to build accountability and responsiveness and end impunity.
• Engagement with communities, especially women, should seek to address their security
concerns, improve self-protection measures, and promote reconciliation.
• Maintain a visible and enduring UN presence in vulnerable areas. Examples include active
patrols, escorts for vulnerable groups, pre-emptive actions to address emerging threats, and
responses. Credible, timely, robust responses by UN peacekeeping personnel can prevent, deter,
or neutralize CRSV threats.
• Trafficking is a human rights abuse against which an international convention has been adopted
(the UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others,14 which was initially enforced in 1951);
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
• The key aspect of the definition is “for the purposes of exploitation”, including at a minimum,
the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour
or services, slavery or practices similar to slavery, servitude, or the removal of organs.15
Trafficking exploits human beings for revenue by using them in the sex trade, as cheap labour, and
sometimes as sources for internal organs. Trafficking in human beings often occurs along with other illegal
activities by organized crime groups, including drug trafficking and illegal arms trafficking. Human trafficking
frequently occurs in fragile States and post-conflict situations, particularly when there is widespread poverty
and limited rule of law. It results in conditions tantamount to slavery and fosters other crimes such as
kidnapping. These activities can be decentralized but are often controlled by organized criminal groups
that may have transnational ties and linkages to those in official, legitimate, and respectable positions.
Actors directly tasked with broader stabilization responsibilities should be aware of the possibility of human
trafficking and the supporting criminal networks and address these issues proactively.
Given the high-profile media attention any allegation of sexual misconduct by UN peacekeepers
attracts, there may be a crisis of perception that sees peacekeepers branded more as part of the problem
than the solution. There is also criticism that peacekeepers do not take the issue seriously enough. This
perception has been compounded by the “boys will be boys” attitudes of the past. This behaviour must
change. Acts of misconduct on the part of peacekeepers can have the following effects on a mission:
15) United Nations, “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children”.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
• Mandate implementation: Such acts seriously damage the credibility, integrity, and reputation of
the mission, which, in turn, impedes the implementation of the mission’s mandate. If the mandate
includes building respect for human rights and support for the rule of law, such acts directly
contravene that mandate. It also damages the image of the unit(s) and the contributing countries.
• Security: It undermines troop discipline and integrity and threatens peace and security. If the
credibility of a mission is damaged by such acts, this can have serious consequences on security
for mission personnel. Personnel involved may be open to blackmail or even violent retaliation
from community and family members. The retaliation may even be against the entire contingent
or the mission.
• Health factors: It may result in unwanted pregnancy and the high incidence of HIV/AIDS and
other sexually transmitted infections (STIs); such acts expose all involved to the high risk of
contracting and passing on diseases within the host country and back in home communities.
• Impact on victims: Most importantly, sexual exploitation and abuse have a negative physical
and psychological impact on the victims, who have already been traumatized by conflict. In
some cases, victims also face the additional problem of being stigmatised by their families and
communities and have no means of getting medical or other assistance. The UN has a moral and
sometimes legal obligation to assist victims of such acts committed by UN personnel.
• Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of
majority or age of consent locally. Mistaken belief in the age of a child is not a defence. The UN
considers a person under 18 years of age as a child.
• Sexual exploitation and abuse are prohibited. Sexual activity with children (persons under the
age of 18) is prohibited regardless of the age of majority or the age of consent locally, except
where a staff member is legally married to a person who is under the age of 18 but over the
age of majority or consent in his or her country of citizenship. UN staff members are obliged to
create and maintain an environment that prevents sexual exploitation and sexual abuse.
• Exchange of money, employment, goods, or services for sex, including sexual favours or other
forms of humiliating, degrading, or exploitative behaviour, is prohibited. This includes any
exchange of assistance that is due to beneficiaries of aid programmes.
• Involvement in prostitution is prohibited as well as other situations where assistance of any kind
is given in exchange for sexual favours.
• Sexual relationships between UN staff and beneficiaries of assistance, since they are based on
inherently unequal power dynamics, undermine the credibility and integrity of the work of the
UN and are strongly discouraged.
• Even in the case where there is no criminal or prohibited act taking place, the UN strongly
discourages sexual relationships between its personnel and any beneficiaries of assistance
16) UN Secretary-General, Secretary-General’s Bulletin, “Staff Regulations and Rules of the United Nations” (ST/SGB/2018/1), 1 January 2018.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
because of the unequal power relationship that usually exists. Once again, it may undermine
the credibility and even the impartiality of the UN and its mandate in that country.
Having a sexual relationship with locals may be perceived as culturally taboo, inappropriate, or
perceived as “foreigners” imposing their values or undermining the values of the community and the
reputation of the person. This may lead to feelings of resentment by local men and women because they
view themselves as not having the power, prestige and, most commonly, the wealth of the foreigner. It may
also lead to perceptions of people having influence, bias, or favouritism over others, bringing into question
the impartiality of the UN. All personnel in a UN peace operation are expected to uphold these standards.
The UN Charter requires that all UN personnel must maintain the highest standards of integrity
and conduct. The UN is committed to ensuring that all its personnel deployed globally serve with
professionalism, courtesy, and dignity. The UN standards of conduct apply to all categories of personnel
deployed in UN missions.18 The Department of Peace Operations (DPO) and the Department of Operational
Support (DOS) have taken several steps to prevent and address the issue of sexual exploitation and
abuse. It is raising awareness of the problem within the mission area and putting in place an improved
system for notifying complaints and investigating allegations. This includes a three-pronged approach to
SEA as outlined in the 2017 Core Pre-deployment Training Materials (CPTMs):
1. Prevention
• Training
• Public information
• Data management
• Investigations
• Follow-up
3. Remedial Action
• Victim assistance
17) Now the Department of Peace Operations.
18) United Nations, “Conduct in UN Field Missions”.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
• Reputation repair
• Regular briefings
• Appointment of the first victims’ rights advocate to ensure that a victim-centred approach is
integrated into prevention and response.
• Field victims’ rights advocates appointed to the four peacekeeping operations with the highest
number of allegations to ensure a victim-centred, gender- and child-sensitive, and non-
discriminatory approach.
• Incident Reporting Form as a first step in the initiation of a formal process to respond to an
allegation/report of SEA.
• Prevention of SEA website launched and enhanced to include agencies, funds, and programmes
<www.un.org/preventing-sexual-exploitation-and-abuse/>.
• All peacekeeping missions, as part of their communications strategy on SEA, conduct outreach
activities to inform communities of the risks of SEA the reporting mechanisms using direct
outreach, theatre, radio, television programming, and SMS-based and social media campaigns,
as well as specific outreach to local media.
In the implementation of this strategy, the Secretary-General focused on putting the UN “house in
order” — putting in place mechanisms under his authority. In March 2018, the Secretary-General provided
an update21 on the implementation of the strategy, which was further reviewed in March 2019.22
19) United Nations, “Fact sheet on the Secretary-General’s initiatives to prevent and respond to sexual exploitation and abuse”. Available from: <https://
www.un.org/preventing-sexual-exploitation-and-abuse/content/fact-sheet-secretary-general’s-initiatives-prevent-and-respond-sexual-exploitation-
and-abuse>.
20) UN Secretary-General, Report of the Secretary-General, “Special measures for protection from sexual exploitation and abuse: a new approach”
(A/71/818), 28 February 2017.
21) UN Secretary-General, Report of the Secretary-General, “Special measures for protection from sexual exploitation and abuse” (A/72/751), 15
February 2018.
22) UN Secretary-General, Report of the Secretary-General, “Special measures for protection from sexual exploitation and abuse” (A/73/744), 14
February 2019.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
Peacekeepers must receive training in sexual exploitation, abuse, and trafficking as part of pre-
deployment or induction training in the mission area. In addition, the mission should work with other UN
entities in the mission area to raise awareness among the local population of the UN common standards
of conduct as well as what behaviour they should expect from UN personnel. The mission also informs
them of the complaint mechanisms in place and what they can expect if they make a complaint, working
with local communities to monitor the conduct of its peacekeepers.
• Relevant TCC authorities have the duty to ensure adequate pre-deployment training and the
vetting and screening of all uniformed personnel who have been selected for deployment in
a UN peacekeeping mission. The TCC must submit an attestation certificate indicating that all
required training and vetting processes have been duly complied with to the UN prior to the
initial deployment and subsequent rotations of each unit. Moreover, DPO and DOS will conduct
a vetting process of all contingent members for prior misconduct while serving in the UN, upon
their arrival in the mission area. Furthermore, all uniformed commanders in service with the
UN have certain responsibilities to prevent SEA and therefore must familiarize themselves with
those responsibilities and measures in order to achieve a tour of duty free from SEA incidents.
• Robust in-mission training and workshops are effective means of creating awareness of
preventive measures on SEA. Commanders have the responsibility to ensure that deployed
contingent forces receive adequate in-mission training using UN training materials.24 When in
the mission area, commanders are to liaise with relevant Force HQs and Conduct and Discipline
Teams (CDT) for joint in-mission training efforts to generate and attain the desired level of
awareness. All uniformed personnel are required to carry the “No Excuse” card25 at all times.
23) United Nations, United Nations Peacekeeping, “Military Aide Memoire: United Nations Measures against Sexual Exploitation and Abuse, Commanders’
guide on measures to combat Sexual Exploitation and Abuse in United Nations military”, August 2017.
24) Relevant documents on sexual exploitation and abuse are available at: <https://cdu.unlb.org>.
25) The “No Excuse” card details rules and standards expected of every peacekeeper against sexual exploitation and abuse.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
! Sexual exploitation and abuse is unacceptable behaviour and prohibited conduct for all United
Nations and affiliated personnel.
! Sexual exploitation and abuse threatens the lives of people that we are to serve and protect.
! Sexual exploitation and abuse undermines discipline, and damages the reputation of the United Nations.
! it is strictly prohibited to have sex with anyone, in exchange for money, employment,
preferential treatment, goods or services, whether or not prostitution is legal in my country
or the host country;
Any proven act of Sexual exploitation and abuse will result in measures that can include but are not
limited to: suspension, immediate repatriation, dismissal, imprisonment and a ban from future United
Nations employment;
If I witness Sexual exploitation and abuse behaviour by others, regardless of their position or
seniority, I have a responsibility to take all reasonable measures to stop the misconduct and report
the incident immediately to my commander or manager;
Failure to respond or report misconduct is a breach of the United Nations standards of conduct.
!
There is no excuse!
impRiSONmENT
pROSEcUTiON For further Information see the
ExpLOiTATiON
Mission Conduct and Discipline website: https://conduct.unmissions.org
Figure 4-1
Source: UN Executive Office of the Secretary-General - EOSG/Office of the Special Coordinator on
improving UN response to sexual exploitation and abuse, “Know the Rules: There is No Excuse”, 2017.
• Non-fraternization with the civil population: In this context “Fraternization” refers to the act of
conducting social relations with other people including any unauthorized personnel in camps.
Military personnel shall abstain from engaging with the local population unless as part of a
planned military task (such as a meeting with civic leaders and security patrols).
• Maintenance of military discipline: commanders at all levels are expected to set and maintain
the highest standards of integrity and conduct, both in the performance of their official duties
and private lives.
• Constant vigilance and regular check-ups: Commanders must remain alert and report on potential
trends/indicators of SEA and to do everything possible to discourage such developments.
Commanders should conduct spot checks and headcounts during nonworking hours, and provide
good welfare/recreation activities for troops when off duty.
• Confidentiality: All allegations of SEA are to be treated with the highest degree of confidentiality
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
to ensure that the identity of victims, complainants, witnesses, representatives and subjects
are protected. Any unauthorized disclosure of confidential information may result in disciplinary
measures against the person who discloses such information.
• Reporting channels for uniformed personnel: Commanders are to ensure that they and all
personnel under their command are familiar with the SEA reporting channels that apply in the
particular peacekeeping mission.
• Handling of complaints: If you receive an allegation or complaint of SEA, your role is to ensure
that it is appropriately reported immediately. Given the circumstances in which the allegation or
complaint is made, if the authority to which you would report is not present and you are required
to take information from the complainant so that the allegation can be properly reported to the
appropriate authorities, you must bear in mind the following guidance:
• Duty to cooperate: Commanders are to ensure that all contingent members are aware of the
obligation to cooperate and assist in investigations. Any UN uniformed personnel subject to
investigation on the allegation of SEA or who has information relevant to the investigation must
provide all necessary information including direct/indirect testimony and physical evidence.
• Sexual activity with children (persons under the age of 18) is prohibited.
• The exchange of money, employment, goods, assistance, or services for sex, including sex with
prostitutes, is prohibited.
• The use of children or adults to procure sexual services for others is prohibited.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
The responsibilities of peacekeepers while in the field are many, and include the following:
• Do not become involved in any acts of sexual exploitation or abuse. The UN expects the highest
standards of integrity and professionalism from its peacekeepers.
• Report rumours and allegations. Take each rumour, complaint, or allegation seriously, and report it
immediately. Rumours, if left unchecked, may damage the individual(s) concerned and the mission.
• Cooperate fully with any investigations or Board of Inquiry into allegations of serious misconduct.
Peacekeeping missions report quarterly and yearly on conduct and discipline to DOS at UNHQ.
Leadership of peacekeeping missions are accountable. They:
Lesson summary
• Each individual in a peacekeeping mission has a duty to uphold the reputation and integrity of
the UN.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
Peacekeepers have established their base on the outskirts of a small rural community. There is a
large local family living near the camp who often come to ask the guards at the gate for food, kerosene,
and other small favours. The family is quite friendly and poses no threat to the peacekeepers. There are
also three attractive teenage sisters in the family.
After a few weeks, one of the peacekeepers invites one of the sisters into the camp and begins
an affair with her. In a short time, other peacekeepers “capture” the other sisters. It is obvious that
the sisters are having sex with their newly found boyfriends, but there is no evidence of rape. The
peacekeepers who are having affairs with the sisters are now seen visiting the families late in the
night and showering them with gifts of food, kerosene, and other small but essential needs. The girls’
parents usually retire into their house whenever the peacekeepers come to visit. They have not openly
expressed any displeasure with their daughters’ affairs, and they are obviously benefiting from the gifts
and money that are being given to their daughters. The sisters are also dressing better than the other
girls in the village. There is some gossip in the village about the girls and their peacekeeper boyfriends,
and the local young men have become somewhat unfriendly towards the peacekeepers.
Questions to Consider
5. What could be the possible consequences for the girls and the
peacekeepers if these relations are allowed to continue?
This case study is aimed at drawing the attention of peacekeepers to the wider consequences of
sexual relations with members of the host population. Even when these sexual relations are consensual,
there are likely to be negative consequences. The parents of the girls may not approve of their actions,
but because of the survival benefits they derive from it, they do not complain. The local community also
may not approve of “strangers” taking their women and may express their resentment in a number of
ways. They may also feel inadequate because they may feel that the peacekeepers are “buying” the
women because they have money. This could be a source of tension between the peacekeepers and the
local community.
In the real story from which this case study was extracted, the local young men issued threats and
physically assaulted any girl who was thought to be having sexual relations with a peacekeeper. The
girls were also threatened about what would happen to them after the peacekeepers left.
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
End-of-Lesson Quiz »
B. not considered to be the abuse of power for serious political damage to the peacekeeping
C. the abuse of a position of vulnerability for B. have had no effect on the local population’s
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LESSON 4 | Sexual Exploitation and Abuse (SEA) and Human Trafficking in Peace Operations
End-of-Lesson Quiz »
Answer Key »
1. C
2. B
3. A
4. C
5. A
6. D
7. B
8. D
9. A
10. B
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ETHICS IN PEACE OPERATIONS
LESSON
5 Child Protection
Section 5.1 Understanding Child Protection • Understand the role of peacekeepers in protecting
children in situations of armed conflict.
Section 5.2 The Rights of the Child
• Understand the rights of children.
Section 5.3 CRC Guiding Principles
• Understand the impact violent conflict has on
Section 5.4 The Consequences of Conflict on
children.
Children
• Explain what peacekeepers can do to uphold the
Section 5.5 The UN and Child Protection in
rights of children in situations of armed conflict.
Peace Operations
Advisers?
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LESSON 5 | Child Protection
As part of its ongoing outreach activities held on so-called “Journées ONU” (or UN Days), the UN Operation in Côte d'Ivoire (UNOCI)
conducts a child protection workshop aimed at young people in the town of Bonoua. 18 April 2012. UN Photo #511357 by Patricia
Esteve.
Introduction
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LESSON 5 | Child Protection
Pursuant to the Security Council’s recommendation, the Secretary-General has submitted annual
reports to the Council on Children and Armed Conflict since 2000 and has referred to child protection
concerns in scores of recent other reports to the Council.
In recognition of the critical role, peace operations play in providing protection to children, the
Security Council has explicitly incorporated the protection of children into all UN multidimensional peace
operations. In the wake of the call for an immediate halt in the use of child soldiers, the Security Council
adopted resolution 1539 (2004), which deals with child protection in missions. The Security Council also
endorsed the deployment of Child Protection Advisers in missions.2
Many peace operations without such explicit provisions also address child protection concerns in the
execution of their mandates, often in collaboration with the United Nations Country Team (UNCT).
Children are vulnerable at all times, but particularly in situations of armed conflict. Both boys and
girls are affected by conflict, but girls are particularly vulnerable to sexual exploitation, family and
community violence, and discrimination made worse by conflict. Boys are vulnerable to forced recruitment
by armed groups or forces. Conflict increasingly affects women and children. In many conflict-affected
areas, children comprise as much as half or more of the population, making them the majority, not a
minority. As special attention must be given to the vulnerability of girls in all considerations, gender
must be a cross-cutting concern.
Children need special protection in view of their young age, small stature, and lack of maturity. They
are also learning about life, and there are many things they do not understand as well as many dangers
they do not suspect. This is why they need the protection of adults.
War violates every right of a child: the rights to life, food, shelter, security, education, sexual
integrity, non-discrimination, health, and many others. Armed conflict takes away a child’s right to grow
up and develop in peace and security so that he or she can achieve their full potential.
2) See Appendix D for the full text of Security Council resolution 1539. For other resolutions and related documents, see: <http://www.un.org/special-
rep/children-armed- conflict/index.html>.
3) These documents can be accessed online at: <https://childrenandarmedconflict.un.org/virtual-library/international-law/>.
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LESSON 5 | Child Protection
• The Convention on the Rights of the Child (CRC) and the Optional Protocol to the CRC on the
Involvement of Children in Armed Conflict;
• The Convention on the Elimination of all forms of discrimination against Women; and
• Best interest of the child (Article 3): Institutions, services, and facilities responsible for
the care or protection of children shall conform with the standards established by competent
authorities, particularly in the areas of safety, health, the number and suitability of staff, and
competent supervision.
• The child’s inherent right to life and State parties’ obligation to ensure to the
maximum extent possible the survival and development of the child (Article 6): The
Committee expects States to interpret “development” in its broadest sense as a holistic concept,
embracing the child’s physical, mental, spiritual, moral, psychological, and social development.
Implementation measures should be aimed at achieving the optimal development for all children.
• The child’s right to express his or her views freely in “all matters affecting the child”,
those views being given due weight (Article 12): This principle, which highlights the role
of the child as an active participant in the promotion, protection, and monitoring of his or her
rights, applies equally to all measures adopted by States to implement the Convention.
Why are children most vulnerable during armed conflict? Why do children need special protection in
conflict and post-conflict settings? There are three reasons:
4) United Nations, "Convention on the Rights of the Child" (CRC/GC/2003/5), 27 November 2003.
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LESSON 5 | Child Protection
Millions of children are caught up in conflicts in which they are not merely bystanders, but targets.
Some fall victim to a general onslaught against civilians; others die as part of a calculated genocide.
Other children suffer the effects of sexual violence or the multiple deprivations of armed conflict that
expose them to hunger or disease. Just as shocking, thousands of young people are cynically exploited
as combatants.5
Children who have witnessed violence perpetrated against close relatives, children who have
been victims of violence, and children who have been perpetrators of violence (and often who have
experienced all three) are typically traumatized and find it difficult to re-adjust to normal life.
A lack of food and health care, especially among younger children, hamper physical and mental
development and can cause health problems later in life. In addition, children whose parents are killed
during the war, or who get separated from their parents during the conflict end up having to fend for
themselves as street children or may be treated as unaccompanied children in a refugee context or
as orphans by State institutions. Countries recovering from war typically do not have developed social
welfare systems, and the children in these categories not covered by international humanitarian efforts
are most often left to fend for themselves.
The following is a list of important facts and figures provides by the 2019 Secretary-General Annual
Report on Children and Armed Conflict. It reflects United Nations data for 2018.
• More than 24,000 grave violations against children were verified by the United Nations in 20
country situations;
• Killing and maiming of children reached record levels since the creation of the monitoring
5) United Nations, Note by the Secretary-General, "Promotion and protection of the rights of children, Impact of armed conflict on children" (A/51/306),
26 August 1996.
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LESSON 5 | Child Protection
and reporting mechanism on children and armed conflict. In Afghanistan, the number of child
casualties accounted for 28 per cent of all civilian casualties, numbering 3,062;
• A striking increase was recorded in the number of violations attributed to State actors and to
international forces; and
The consequences of conflict on children can take on many forms, including feelings of fear, anxiety,
and depression as well as exposure to physical and sexual exploitation.6
The effects are both direct and indirect and are associated with immediate and long-term harm. The
direct effects of conflict include death, physical and psychological trauma, and displacement. Indirect
effects are related to a large number of factors, including inadequate and unsafe living conditions,
environmental hazards, caregiver mental health, separation from family, displacement-related health
risks, and the destruction of health, public health, education, and economic infrastructure. Children
and health workers are targeted by combatants during attacks, and children are recruited or forced to
take part in combat in a variety of ways. Armed conflict is both a toxic stress and a significant social
determinant of child health.7 It undermines the rights of the child in the following ways:
• Basic needs. War violates every right of a child. A conflict situation often results in a situation
where some children’s basic needs, such as food, water, health care, and shelter, are severely
affected. Armed conflict also usually causes basic social services, like education and health
clinics, to cease functioning.
• Refugees. Many children become refugees or internally displaced when they flee from fighting
and violence, and some get separated from their parents.
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LESSON 5 | Child Protection
and are treated as “sex slaves” or “bush wives” that have to cook, clean, and sexually serve their
masters, on whom they are dependent for their survival.
The children most likely to become soldiers are those from impoverished and marginalized backgrounds
and those who have become separated from their families. Child soldiers are recruited in many different
ways. Some are conscripted, others are press-ganged or kidnapped, and still others are forced to join
armed groups to defend their families. Some commanders have even noted the desirability of child soldiers
because they are "more obedient, do not question orders and are easier to manipulate than adult soldiers".8
One of the most basic reasons that children join armed groups is economic. Hunger and poverty
may drive parents to offer their children for service. Some children feel obliged to become soldiers for
their own protection. Faced with violence and chaos all around, they decide they are safer with guns
in their hands. Such children often join armed opposition groups after experiencing harassment from
government forces.9 As child soldiers, they are often exposed to drugs and participate in or witness
severe human rights abuses and violence that will affect them for the rest of their lives.
– The Optional Protocol to the Convention on the Rights of the Child on the involvement
of children in armed conflict (OPAC) (2000). OPAC was the world’s first international
treaty wholly focused on ending the military exploitation of children. The treaty prohibits the
conscription of children under the age of 18 and their participation in hostilities. It also prohibits
the voluntary recruitment of children by non-State armed groups, although it allows State
armed forces to recruit from age 16, as long as the children recruited are not sent to war.
– The United Nations Convention on the Rights of the Child (CRC) (1989) reaffirmed
the prohibition on the use of children under 15 and also defined a child for the first time as
any person under the age of 18.
– The Rome Statute of the International Criminal Court (effective 2002): The Rome
Statute establishes a permanent criminal court to try persons charged with committing
war crimes, crimes against humanity, and genocide. The International Criminal Court (ICC)
refers specifically to child soldiers.11
– The International Labour Organization (ILO) Minimum age convention 138 and
ILO Worst Forms of Child Labour Convention 182 (1999): These prohibit compulsory
enlistment below the age of 18.
8) Rachel Brett, Margaret McCallin, and Rhonda O'Shea, "Children: The Invisible Soldiers", (Geneva: Quaker United Nations Office and the International
Catholic Child Bureau, 1996), 88.
9) United Nations, "Promotion and protection of the rights of children. Impact of armed conflict on children".
10) Child Soldiers International, "International Standards". Available from: <https://www.child-soldiers.org/international-standards>.
11) For more details, see: <https://childrenandarmedconflict.un.org/>.
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LESSON 5 | Child Protection
– The Additional Protocols to the 1949 Geneva Conventions (1977) prohibited the
military recruitment and use of children under the age of 15, which is now recognized as
a war crime under the Rome Statute of the International Criminal Court. It applies to both
government-controlled armed forces and non-State armed groups.
» Regional standards
– Africa: the African Union African Charter on the Rights and Welfare of the Child (1999).
– The UN Security Council has passed a series of resolutions condemning the recruitment and
use of children in hostilities. Examples include resolutions 1261 (1999), 1314 (2000), 1379
(2001), 1460 (2003), 1539 (2004), 1612 (2005), 1882 (2009), 1998 (2011), and 2225
(2015) on children and armed conflict.12
– SCR 1261 identified and condemned six grave violations affecting children the most in times
of war:13
– Abduction of children;
annual report on children and armed conflict. children in Sanakoroba, a village located 40 km.
from Bamako. 23 November 2017. UN Photo
Killing and maiming and sexual violence in
#744675 by Harandane Dicko.
conflict (SCR 1882), attacks on schools and
hospitals (SCR 1998), and abductions (SCR 2225) were later added as criteria for listing.
– SCR 1460 requires listed parties to enter into talks with the UN to agree to clear and time-
bound action plans to end child recruitment and use in armed conflict. The concept of action
plans is now also applied more broadly to other grave violations against children for which
parties can be listed.
– SCR 1612 established the monitoring and reporting mechanism (MRM) on grave violations
against children in armed conflict. The purpose of the MRM is to provide for the systematic
gathering of accurate, timely, and objective information on grave violations committed against
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LESSON 5 | Child Protection
During a flight from the dangers of conflict, families and children continue to be exposed to multiple
physical dangers. They are threatened by sudden attacks, shelling, snipers, and landmines and often must
walk for days with only limited quantities of water and food. Under such circumstances, children become
acutely undernourished and prone to illness, and they are often the first to die. During these times, girls in
flight are even more vulnerable to sexual abuse than usual. Children forced to flee on their own to ensure
their survival are also at a heightened risk. Many abandon their homes to avoid forced recruitment, only
to find that being in flight still places them at risk of recruitment, especially if they have no documentation
and travel without their families. An unusually large number of children become victims of mines because
they are more often exposed to mined areas by playing in close proximity to these danger zones. Like
landmines, unexploded ordnance is a weapon deemed to have indiscriminate effects, triggered by innocent
and unsuspecting passers-by. Landmines and unexploded ordnance pose a particular danger for children,
especially because children are naturally curious and likely to pick up strange objects they come across.
Children also often witness violence, such as the killing of their parents and the rape of female adults or
older girls. They often become victims of violence themselves.
UN Peacekeeping is protecting children by carrying out a range of work, including the following:
• Deployment of Child Protection Advisers (CPAs) in countries where children face severe
protection concerns including abductions, military recruitment, killing, and maiming.
• Mainstreaming child protection within the mission. All teams within a mission have a responsibility
to contribute to protecting children. CPAs work with other sections, such as UN Police, rule of law,
human rights, judicial affairs, and the military to ensure they consider children in their work.
• Monitoring and reporting to the Security Council, which not only exerts pressure on armed
forces and groups, but also informs response and preventive action.
• Negotiating with armed groups. Negotiate action plans to stop violations of children.
• Advocacy. The head of mission of a peace operation is the highest UN authority in the country
and has unique leverage with the government to advocate for the concerns of children.
• Capacity-building to strengthen the ability of national counterparts to deal with child protection
concerns.
• Awareness raising by using radio stations, events, and campaigns to make child protection
issues widely known and to promote ways to prevent violations against children in conflict.
14) United Nations, United Nations Peacekeeping, "Child Protection". Available from: <https://peacekeeping.un.org/en/child-protection>.
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LESSON 5 | Child Protection
• Training. All CPAs ensure mission-wide training on child protection so that every peacekeeper
has the knowledge and skills to protect children.
• The head of the peace operation works to ensure that child protection concerns are a priority in
the peace process.
• Military peacekeeping is crucial in providing protection and signalling violations against children
to the child protection staff, helping to identify and release children from armed groups.
• UN Police work jointly with national police to ensure the rights of children in contact with the law.
• Judicial Affairs Officers ensure that children's rights are secured in national legislation.
• Child Protection Advisers (CPAs) are specialist staff sent to missions to help them fulfil the child
protection mandate. Their work includes:
– Placing the concerns of children onto the peace and political agendas.
– Ensuring that child protection becomes an integral part of the mission's engagement. This is
done through mainstreaming and advising the mission leadership.
– Advocating. The child protection adviser acts as an advocate, facilitator, and an adviser to
mission leadership on pertinent child protection issues.
– Liaising with UNICEF and other child protection actors for follow-up and response to individual
cases.
– Child protection advisers play a key role in establishing a dialogue with perpetrators to end
the gravest violations against children. This dialogue has led to the signing of action plans
by military and armed groups.
Lesson summary
• the violent effect conflict has on children; and the most recent resolutions, or for further
research, please visit the website of the
• what the peacekeeper can do to uphold the
Office of the Special Representative of the
rights of children in situations of armed conflict.
Secretary-General for Children and Armed
Conflict, at <https://www.un.org/ruleoflaw/
un-and-the-rule-of-law/the-special-
representative-of-the-secretary-general-
for-children-and-armed-conflict/>.
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LESSON 5 | Child Protection
End-of-Lesson Quiz »
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LESSON 5 | Child Protection
End-of-Lesson Quiz »
Answer Key »
1. B
2. C
3. A
4. C
5. A
6. D
7. D
8. C
9. B
10. A
85
ETHICS IN PEACE OPERATIONS
LESSON
Human Rights in Peace
6 Operations
Section 6.1 What are Human Rights? • Understand UN human rights concepts,
principles, and norms.
Section 6.2 The Legal Basis for Human Rights
• List examples and characteristics of human
Section 6.3 Human Rights and Host Countries
rights.
Section 6.4 International Humanitarian Law (IHL)
• Explain how the work of the peacekeeper
Section 6.5 Examples of Human Rights Violations can affect human rights in both positive and
negative ways.
Section 6.6 Applying Human Rights in a
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LESSON 6 | Human Rights in Peace Operations
A Human Rights Officer (right) serving with MINUSMA interviews a displaced witness in Menaka. A delegation led by Human Rights
Officers travelled to the region in northern Mali to investigate armed attacks in the settlements of Aklaz and Awakassa, in which at
least 47 people were killed. 5 May 2018. UN Photo #762262 by Marco Dormino.
Introduction
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LESSON 6 | Human Rights in Peace Operations
Adversaries are more likely to commit violent acts against civilians if they believe they will not
be held accountable for previous crimes. Additionally, if they fear being brought to justice, they may
continue or escalate attacks on civilians. Other trade-offs include the role of the host nation and external
actors, the pursuit of short-term and long-term goals, and balancing protection of civilians with other
mission objectives. As recent history shows, post-Cold War conflicts have often been rooted in gross
violations of human rights. Therefore, addressing human rights problems is an essential aspect of
finding solutions to conflicts.
When conflict is ongoing, ensuring respect for human rights by the parties is an important confidence-
building measure and can act towards the de-escalation of hostilities. The just resolution of disputes
based on respect for human rights is also an essential element of effective conflict-prevention.
Multidimensional UN peacekeeping missions usually include human rights aspects in their mandate.
Increasingly, peace settlements incorporate explicit obligations for the concerned States to comply with
international human rights norms. Thus, it is important for peacekeepers to be able to perform their
tasks effectively to have a general awareness and understanding of human rights concepts, as well as
their relevance to the mission in which they operate.
Human rights entail both rights and obligations. States assume obligations and duties under
international law to respect, to protect, and to fulfil human rights. The obligation to respect means that
States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to
protect requires States to protect individuals and groups against human rights abuses. The obligation to
fulfil means that States must take positive action to facilitate the enjoyment of basic human rights. At
the individual level, while we are entitled to our human rights, we should also respect the human rights
of others.
1) United Nations Office of the High Commissioner for Human Rights, “What are human rights?”. Available from: <https://www.ohchr.org/en/issues/
pages/whatarehumanrights.aspx>.
2) According to the United Nations Office of the High Commissioner for Human Rights, “Non-discrimination is a cross-cutting principle in international
human rights law present in all the major human rights treaties, and it provides the central theme of some of international human rights conventions
such as the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of
Discrimination against Women. The principle applies to everyone in relation to all human rights and freedoms, and it prohibits discrimination on the
basis of a list of non-exhaustive categories such as sex, race, and so on. The principle of non-discrimination is complemented by the principle of
equality, as stated in Article 1 of the Universal Declaration of Human Rights: ‘All human beings are born free and equal in dignity and rights.’”
3) According to the United Nations Office of the High Commissioner for Human Rights, “All human rights are indivisible, whether they are civil and
political rights, such as the right to life, equality before the law, and freedom of expression; economic, social and cultural rights, such as the rights to
work, social security, and education, or collective rights, such as the rights to development and self-determination, are indivisible, interrelated, and
interdependent. The improvement of one right facilitates advancement of the others. Likewise, deprivation of one right adversely affects the others.”
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LESSON 6 | Human Rights in Peace Operations
Human rights are a cross-cutting theme in all UN policies and programmes in the key areas of
peace and security, development, humanitarian assistance, and economic and social affairs. As a result,
virtually all UN bodies and specialized agencies are involved to some degree in the protection of human
rights. While the term “human rights” is relatively modern, the principle on which it is based is as old as
humanity: that certain rights and freedoms are fundamental to human existence.
The Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the
General Assembly in 1945 and 1948, respectively, are the foundation for the principals of human rights
in peace operations. Since then, the UN has gradually expanded human rights law to encompass specific
standards for women, children, persons with disabilities, minorities, and other vulnerable groups, who
now possess rights that protect them from discrimination that had long been common in many societies.
That is why we say they are legal entitlements. All peacekeepers should have a general awareness of
human rights.
• Universal: They apply equally to all people everywhere in the world, and with no time limit.
Every individual is entitled to enjoy his or her human rights without distinction of “race” or
ethnic background, colour, sex, sexual orientation, disability, language, religion, political or
another opinion, national or social origin, birth, or another status. All human beings are born
free and equal in dignity and rights.
• Legally protected: They are frequently guaranteed by constitutions and domestic legislation.
• Protect individuals and groups: Some human rights protect individuals (e.g. freedom of
movement, right to vote, right to education), and others protect groups as such (e.g. rights of
minorities, rights of indigenous people).
• Inalienable: This means that you cannot lose them, because they are linked to the very fact of
human existence; they are inherent to all human beings. In particular circumstances, some —
though not all — may be suspended or restricted. For example, if someone is found guilty of a
crime, his or her liberty can be taken away; or in times of national emergency, a government
may declare this publicly and then derogate from some rights; for example, in imposing a
curfew restricting freedom of movement.
• Indivisible, interdependent, and interrelated: this means that different human rights are
intrinsically connected and cannot be viewed in isolation from each other. The enjoyment of one
right depends on the enjoyment of many other rights, and no one right is more important than
the rest.
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LESSON 6 | Human Rights in Peace Operations
• Oblige States and State actors: States and State actors have the responsibility to abide
by international human rights instruments. Violations can be punished through the individual
prosecution of the concerned persons, as well as through punishment of the State by the
international community in the form of embargos, sanctions, and other measures. Human rights
also provide protection from actions by governments that interfere with fundamental freedom
and human dignity.
The UN Charter, an international treaty that is legally binding to all Member States, contains
important provisions on human rights. The Charter recognizes international cooperation in promoting
and encouraging respect for human rights for all as one of the purposes of the organization (Article 1).
The Charter states that the UN shall promote universal respect for and observance of human rights and
fundamental freedoms for all without distinction as to race, sex, language, or religion (Article 55).
By joining the UN, Member States pledge to take action in cooperation with the UN to achieve
respect for human rights (Article 56). In the framework of the UN, the international community has
engaged in an extensive process of setting standards with the objective of creating a legal framework
for the effective promotion and protection of human rights. This has led to the development of numerous
treaties, declarations, guidelines, and other instruments that detail the contents of human rights, the
obligations of States, and the mechanisms to protect them and monitor their implementation.
Treaties, conventions, and covenants are legally binding documents. This means that if a State is
a party to a treaty, it has an obligation to take measures to protect and promote the rights contained
therein.
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LESSON 6 | Human Rights in Peace Operations
Among the many instruments developed by the international community, the Universal Declaration
of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the International
Covenant on Economic, Social and Cultural Rights form what is known as the “International Bill of
Rights”.
The Universal Declaration of Human Rights, adopted by the UN General Assembly on 10 December
1948, represents the first comprehensive agreement among nations as to the specific rights and
freedoms of all human beings (the UN Charter did not contain a definition of human rights).5
The rights and freedoms of all human beings include civil and political rights, such as the rights
to life; not to be subjected to torture; to liberty; to equality before the law; to a fair trial; to freedom
of movement; to assembly; to asylum; to freedom of thought, conscience, religion, opinion, and
expression; and others. They also include economic, social, and cultural rights, such as the rights to
food, to clothing, to housing, to medical care, to social security, to work, to equal pay for equal work, to
form trade unions, to education, and others.
The Declaration is not by itself a legally binding document (unlike the UN Charter and other
international treaties). As it encompassed legal, moral, and philosophical beliefs held true by peoples
around the world, it has a strong moral and political authority. The Declaration often features prominently
in Security Council resolutions mandating the employment of peace operations forces. Therefore, it
is important for pre-deployment training to include an understanding of mandated responsibilities to
preserve human rights, in accordance with the Declaration. Furthermore, some of the Declaration’s
provisions (the right to life, the prohibition of torture, etc.) are often legally recognized in the peace
operation host country.
There are also regional human rights treaties that are developed within a specific region and are
open for ratification only to the States belonging to that region. So far, there are human rights treaties
for Africa, Europe, and the Americas.
In addition to the International Bill of Rights, a number of human rights treaties were also developed
within the UN to address specific human rights issues. These include:
• the International Convention on the Elimination of All Forms of Racial Discrimination (1965);
• the Convention on the Elimination of All Forms of Discrimination Against Women (1979);
• the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(1984);
• the International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families (1990).
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LESSON 6 | Human Rights in Peace Operations
Treaty-based bodies
There are also 10 human rights treaty bodies that monitor implementation of the core international
human rights treaties. These include:
It is important to note that local cultural structures, limited State authority structures, and host nation
legal structures (both those sponsored by the State and those thought of as more traditional) may not
fully encapsulate or can even clash with internationally recognized human rights. It is the responsibility
of the peace operations force to uphold human rights without embroiling itself in the responsibilities of
rule of law and justice development efforts. Observed violations or accounts of violations of human rights
must be reported through the peace operations system to hold the perpetrators accountable, even if this
includes members of the host State police or military. While this can seem like a murky area, the ultimate
responsibility of a peace operations force is to protect human life and preserve human rights.
Human rights touch upon all aspects of human existence. The following examples must be respected
in all circumstances without exception.
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LESSON 6 | Human Rights in Peace Operations
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LESSON 6 | Human Rights in Peace Operations
Limitations
Under certain specific conditions established in international human rights treaties, States can
impose some limitations on the exercise of some human rights. Limitations on rights are the exception,
not the rule.
When some rights can be limited, the permissible limitations are specified in the text of the treaties.
In general, these limitations are only those that are determined by law and are necessary in a democratic
society to ensure respect for the rights and freedoms of others, or to protect public safety, order, health,
and morals. The effects of the limitations cannot be disproportionate to their objectives. Limitations
outside these conditions are illegal.
It is important to explain that it is not up to the individual police, military, or public official to
determine when and how rights can be limited. Cases and procedures for limitations must be written
into the law of a country, and they must respect the conditions set by international law. It should be
recalled, however, that non-negotiable rights can never be limited or suspended.
Derogations
Derogations — or temporary suspension — of some human rights are only allowed in instances of public
emergency that threaten the life of the nation. The emergency must be officially declared and made known
to the population. Derogations must be strictly required by the exigencies of the situation, and they must
not cause discrimination on the basis of race, colour, sex, language, religion, and social origin. The UN must
be informed of the derogations effected by a State. Derogations must be enforced for the shortest possible
time. Any derogation from rights that does not respect the above conditions is illegal.
Non-derogable rights may never be suspended and may continue to apply also in situations of
emergency. Some of these rights are the right to life; the freedom from torture and cruel, inhuman, or
degrading treatment or punishment; the right not to be held in slavery; and the freedom of thought,
conscience, and religion.
A public emergency might be declared in a conflict situation, and as a result, certain rights might
be temporarily suspended. These public emergencies must not be enduring. The pronouncement of an
emergency, which may temporarily suspend in some part derogable human rights, must carry a time of
expiration, conditions of termination, and regular and public reassessment.
It can be held that IHL is designed to safeguard and maintain the fundamental rights of civilians,
victims, and non-combatants in the event of armed conflict.
It is important to note that even in times of conflict, human rights law continues to apply. However,
since an armed conflict situation would typically qualify as a “public emergency”, it is possible and likely
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LESSON 6 | Human Rights in Peace Operations
that some restrictions and derogations to some rights may be introduced by States. Therefore, the
highest level of protection to individuals should be provided by IHL. IHL does not allow for derogations.
UN peacekeepers must make sure that IHL is fully observed if they are forced to use military
force. The Secretary-General issued a Bulletin in 1999 establishing that UN forces must apply IHL in
the conduct of their operations. The rules of engagement (ROE) of a peacekeeping force incorporate
fundamental rules of IHL. If any confrontation occurs, they must be recorded and reported. The rights
of prisoners, civilians, children, and all non-combatants need to be preserved.
There are some general rules that are common to the four Geneva Conventions and the two
Additional Protocols. They are the following:
• Non-combatants; prisoners; civilians; and those who are wounded, sick, or shipwrecked must
be respected and protected;
• Persons suffering from the effects of war must be aided and cared for without discrimination;
– Murder;
– Torture;
– Corporal punishment;
– Mutilation;
– Hostage-taking;
– Collective punishment;
• Reprisals against the wounded, sick, and shipwrecked; medical personnel and services; prisoners
of war; civilians; civilian and cultural objects; the natural environment; and works containing
dangerous forces are prohibited; and
• Protected persons must at all times have access to a protecting power (a neutral State
safeguarding their interests) or to the ICRC (International Committee of the Red Cross) or any
other impartial humanitarian organization.
Summary executions: Summary executions are a grave violation of the right to life and involve
killings carried out by government agents or with their complicity or acquiescence. This may include
death through the use of excessive force by the military, police, security forces, or parties to the conflict.
Torture: Torture is defined as severe pain or suffering, whether physical or mental, inflicted by
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LESSON 6 | Human Rights in Peace Operations
or at the instigation of or with the consent or acquiescence of a public official or person acting in an
official capacity, for such purposes as: obtaining from the person on whom it is inflicted or a third
person information or a confession; punishing that person for an act which he/she or a third person has
committed or is suspected of having committed; intimidating or coercing him/her or a third person; or
for any reason based on discrimination of any kind. It is prohibited in all circumstances.
Arbitrary arrest and detention: This involves deprivation of liberty by a public official, such as
a member of the military or police, or any other person acting in an official capacity or with official
instigation, consent, or acquiescence, without a valid and legal reason, by confining a person in a prison
or other detention facility.
Discrimination: This can be based on race, sex, national or social origin, political opinion, colour,
religion, language, birth, property, or other grounds.
Violence against women: It includes all forms of physical, sexual, and psychological violence,
whether occurring in the community, in the family (domestic violence), or committed by public officials.
Genocide: Acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial,
or religious group, including:
• Deliberately inflicting on the group conditions of life calculated to bring about their physical
destruction (in whole or in part);
War crimes: War crimes are grave breaches of the Geneva Conventions. They are prohibited acts
committed against persons and property protected by the Conventions, including wilful killing, torture
or inhuman treatment, illegal detention, hostage-taking, the arbitrary and unlawful destruction and
appropriation of property, and others.
Crimes against humanity: These are serious human rights violations. They include the following
acts when they are committed as part of a widespread or systematic attack against any civilian
population with knowledge of the attack. These acts are absolutely prohibited under international law:
• Murder;
• Extermination;
• Enslavement;
• Torture;
• Persecution against any political, racial, national, ethnic, cultural, religious, or gender group;
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LESSON 6 | Human Rights in Peace Operations
• Apartheid.
Deportation and forcible transfer of populations: This includes situations when the inhabitants
are forcibly evicted from their place of domicile and deported to an alien land on any pretext. This has
been frequently observed during ethnic conflicts.
Mass Atrocities: Mass atrocities are large scale and deliberate attacks on civilians. These attacks
include — but are not limited to — genocide, crimes against humanity, and many war crimes, all of
which are defined under international law.
Rape and sexual exploitation: This means rape as a weapon or a form of reprisal, especially in
ethnic conflicts, with the intent to intimidate, humiliate, and degrade the opposing ethnic community.
The International Criminal Tribunal for the Former Yugoslavia has ruled that rape at the instigation of a
public official in situations of armed conflict is torture.
• Protection of women’s rights through the Women, Peace, and Security (WPS) agenda.
In a peace operation, military, police, and civilian personnel from many different countries find
themselves working together to fulfil the mission’s mandate. They have different cultural, legal, and
national backgrounds. Human rights standards — developed as they were in the context of the UN
and with their universal character — provide a common standard of achievement and conduct for all
people serving in a peace operation. Recall the lesson on cultural differences that may exist between
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LESSON 6 | Human Rights in Peace Operations
Peace operations must be conducted with respect to the principles, norms, and spirit of the
international human rights conventions and other instruments relevant to the conduct of military, police,
and civilian personnel. It may be useful to refer again to the code of conduct for peace operations forces.
Both UN personnel and the host government must respect human rights principles and norms. As
mentioned previously, under its Charter, the UN is bound to promote universal respect for and observance
of human rights for all without discrimination. When serving in a peace operation, all UN personnel
are equally bound to promote, protect, and respect human rights. In addition, the host government
undertakes human rights obligations. All parties have an obligation to refrain from committing human
rights violations, protecting the rights of people under its jurisdiction and promoting their advancement.
Multidimensional UN peace operations have a human rights team.7 The teams implement the human
rights-related mandates given to missions, and they help to mainstream human rights across all mission
activities.
• To contribute to the protection and promotion of human rights through both immediate and
long-term action;
• To empower the population to assert and claim their human rights; and
• To enable State and other national institutions to implement their human rights obligations and
uphold the rule of law.
The UN has human rights teams in the following peace operations: the United Nations Organization
Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), the United Nations
Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA), the United
Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), the United Nations–African
Union Hybrid Operation in Darfur (UNAMID), the United Nations Mission in South Sudan (UNMISS), and
the United Nations Mission in Kosovo (UNMIK), as well as in UN special political missions such as the United
Nations Assistance Mission for Iraq (UNAMI), the United Nations Support Mission in Libya (UNSMIL),
the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS), the United Nations
Assistance Mission in Somalia (UNSOM), and the United Nations Assistance Mission in Somalia (UNAMA).
The Office of the High Commissioner for Human Rights (OHCHR) provides expertise, guidance, and
support to these human rights teams. The head of the human rights team is the most senior human
rights adviser to the head of mission and is also the representative of the High Commissioner for Human
Rights in-country.
Some of the core activities undertaken by the human rights section include:
7) United Nations, United Nations Peacekeeping, “Promoting Human Rights”. Available from: <https://peacekeeping.un.org/en/promoting-human-
rights>.
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LESSON 6 | Human Rights in Peace Operations
• Preventing human rights violations, including through mission-wide early warning mechanisms;
• Advising and assisting other mission teams in integrating human rights into their mandated
tasks.
Human rights teams work in close cooperation and coordination with other civilian and uniformed
components of peace operations. In particular, in relation to the protection of civilians; addressing
conflict-related sexual violence and violations against children; supporting transitional justice and
accountability mechanisms; and strengthening respect for human rights and the rule of law through
legal and judicial reform, security sector reform (SSR), and prison system reform.
Peace operations forces can also play an important human rights role. They are usually more
numerous in a mission area than human rights workers. For example, as of 2019, MINUSCA had 12,870
police and military personnel and 32 human rights experts. Military and police elements are often
more extensively deployed, and they are in close contact with military and other armed forces in the
host country. UN Police also have a crucial role in protecting human rights through their monitoring,
assistance, or law enforcement functions. It is important for peace operations forces to be aware and
assist the work of human rights teams.
Military peace operations elements can contribute to fulfilling the human rights mandate of the
mission in several ways.
• They have the advantage of being much more numerous than other components and having a
wide operational presence. Therefore, they are in a position to observe and monitor the actions
of both the armed forces and the civilian population.
• They can gather important information about the human rights situation and monitor violations
or risks of violations. They must report this information to other components of the mission so
that an appropriate analysis can be made and the necessary action taken.
• Their physical presence can act as an important deterrent of human rights violations.
• Large numbers and means for mobilization give an additional advantage for the peacekeepers
in dealing with situations of abuse.
• Through their conduct, they can provide to the local armed forces a positive example of a law-
abiding military that is respectful of the human rights of the population they are to protect.
• By taking action for or contributing to the protection of human rights and the prevention of
violations, as well as through their proper conduct, peacekeeping forces will contribute to
maintaining the credibility of the peace operation in the eyes of the host population and the
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If human rights violations are observed by peace operations forces, they should:
• Take note of the facts (location, time, perpetrators, victims, circumstances, and actions taken)
and prepare a report based on the procedures in place within the mission;
• If the situation and mandate allow, decide appropriate intervention with the relevant authorities
to stop the abuse. It is important to coordinate action with the human rights component of
the mission. Human rights work is complex, and the utmost care must be taken, as ill-devised
interventions harm, rather than help, victims of violations;
• Promptly report the information within the military structure and to the human rights component;
and
The case studies at the end of this lesson serve as examples of the importance of military personnel
to be alert of possible human rights violations, understand when to intervene, and to transmit information
to human rights workers early and often.
Common tasks performed by the military which may affect human rights
In the performance of their regular peacekeeping tasks, peacekeepers must pay particular attention
not to affect the rights of the host country population negatively.
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peacekeeping missions.
Use of force
The use of force by peacekeeping forces is an important subject. It is relevant to both military and police
personnel of peace operations. The use of force may impinge on fundamental rights, including the rights to
life and security and the prohibition of torture and cruel, inhuman, or degrading treatment or punishment.
International human rights standards regulate in detail the use of force and firearms. Peacekeepers
must strictly adhere to these rules when they are in situations in which they might use force, such as
arrests or crowd control.
remember that, although peacekeeping forces are often Force in International Relations began its
general debate, hearing statements by the
drawn from contingent military forces, they are not in
representatives of Egypt, the Federal Republic
place to fight a war. When using force, peacekeepers must of Germany, Argentina, Mongolia, and Hungary.
exercise restraint and minimize damage and injury to The Committee’s goal was to draft a world
treaty on non-use of force in international
persons and property. Immediate medical assistance must
relations. At the presiding table during the
be provided to any injured person. Rules of engagement debate are (left to right) Committee Chairman,
must be simple, clearly articulated, and understood by all. Cailan Mohmoud Ramiz (Iraq); Committee
Secretary, Valentin Ramanov (Soviet Union);
and Rapporteur, Eric Dughene (Belgium). 16
Use of lethal force
April 1980. UN Photo #257343 by Saw Lwin.
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LESSON 6 | Human Rights in Peace Operations
used in extreme cases of self-defence, the defence of others against death or severe bodily injury, and
the protection of sensitive operational material (such as weapons and munitions).
The intentional use of lethal force shall be permitted only when it is strictly unavoidable in order to
protect human life.
The case study at the end of this lesson will provide an opportunity to trainees to apply the relevant
human rights principles and norms to the use of force.
Remember: The duty of peace operations forces is to be visibly present on the ground with the
attitude and determination to preserve life and deter potential human rights violations.
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Lesson summary
• Peacekeeping forces should be familiar with human rights concepts, principles, and norms.
• A good understanding of human rights is necessary for the peacekeeping force to perform its
functions effectively, both alone and in cooperation with other mission components.
• Respecting human rights and contributing, through action, to the protection of the rights of
the host population are essential to maintaining the credibility and legitimacy of the UN peace
operation.
Case Study 1 – “Human Rights Roles for Peacekeepers” »
UN military observers in a country hosting a peace operation numbered around 130 individuals. They
had mine-resistant vehicles and several helicopters. They went to every region of the country, while
two human rights officers suffered severe restrictions on their ability to travel. The military observers
were supposed to report on human rights in their daily situation reports, but they usually noted that
there was “nothing to report”. However, when one human rights observer asked about schools in one
area, a military observer responded that the parents were angry because the children were being
forced to learn all their lessons in a language other than their national one.
Questions to consider
1. Why did the military observer NOT report the situation in the
school?
This is a good example of the challenges faced between human rights experts, the military, and
policy elements of a peace operation. The communities must work in tandem, overcoming organizational
cultural barriers and disparities in resources to communicate objectives and capabilities to maximize
their comparative advantages. In this case, this was a key human rights issue that the military observers
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may not have recognized. Awareness of human rights standards and IHL would have helped them
recognize their responsibility to share their observations with the human rights officer. Rectifying the
situation in the school could potentially decrease tension in the area that would improve the security
situation. This case clearly illustrates the close link between human rights and public security.
Case Study 2 – “The Use of Force and Firearms” »
(From: United Nations Office of the High Commissioner for Human Rights, Training materials on
human rights for military peacekeepers)
This exercise aims at facilitating the application of some of the human rights principles and norms
taught through the lesson to a hypothetical peace operation’s scenario. It focuses on the use of force
and firearms by peacekeepers in a situation in which they deal with local civilians. Reference can be
found in the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials, contained in United Nations, Human Rights: A Compilation of International Human Rights
Instruments (ST/HR/1/Rev.5, 1994), or available on the internet at <http://www.unhchr.ch>.
A man has broken into a UN storehouse and stolen a portable computer and a radio set. With the
stolen articles in one hand and a large knife in the other, he runs from the compound as the alarm
sounds, and he threatens several bystanders who attempt to block his escape. Breaking through the
crowd, he spots two peacekeepers approaching in response to the alarm. He turns and runs to an
open field, dropping the knife but still clutching the loot. One of the peacekeepers draws his weapon
and shoots the thief in the back, killing him instantly. As rumours of the incident circulate, an angry
crowd begins to gather at the UN compound.
Some 200 people start angrily protesting the UN in front of the compound. The crowd is made up of
men, women, and children. Some 15 armed peacekeepers stand in formation, with their backs to the
high fence surrounding the compound, facing the protesters.
A muscular young male protester picks up a bottle and throws it at the peacekeepers. Three of the
peacekeepers break from formation and chase the protester, catching him against the fence. The
protester resists arrest, throwing punches and kicks. Responding with blows from their rifle butts,
the peacekeepers knock the man to the ground and handcuff him. The protester, face down and
handcuffed on the pavement, squirms about, refusing to hold still. The peacekeepers respond by
continuing to kick, punch, and hit him with the butts of their rifles. They deliver some 20 blows to the
man’s head and body, continuing in rage even after he lies motionless on the ground. The commander
of the unit then orders them to carry the man into a UN vehicle. They do so, leaving him in the parked
and locked car, and then return to formation.
By this point, the crowd has witnessed the incident and turned violent. Heavy reinforcements arrive
and completely surround the protesters. Rocks and bottles begin to fly toward the peacekeepers, who
stand with their guns aimed at the protesters. Some of the protesters fall to the ground, clutching
children and friends and screaming in a general panic. Others rush forward towards the peacekeepers.
As the violence increases, the peacekeepers open fire, and several protesters fall as they are hit with
rounds of live ammunition.
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LESSON 6 | Human Rights in Peace Operations
Questions to consider
– The use of force on the male protester in the third paragraph; and
This case presents a good example of the type of situations peacekeeping forces must prepare
for. Was the use of lethal force warranted? In this case, the answer to that question changes given
the information available and the context in which the decision must be made. The use of lethal force
would be warranted if the peacekeeping force had simply seen a man wielding a knife running towards
a group of unarmed people. If the peacekeeping force had only seen a man running away through a
field with a stolen computer, then the use of lethal force would not be necessary. If the peacekeeping
force knew that the man was stealing sensitive material, then their decision to use lethal force would be
dependent upon their mandated rules of engagement. When discussing rules of engagement, it is not
only important to apply them to scenarios such as this, but to always attempt an escalation of force,
which employs non-lethal methods to resolve the situation first, escalates to more drastic measures,
and ends with the use of lethal force.
In this case, the peacekeeping force failed to apply non-violent means before resorting to the use
of lethal force. The force applied was not proportional to the seriousness of the known threat. Given
the known information, the use of lethal force was not justified, as the thief posed no imminent threat
to the life of the peace operations force or other persons. This is an excellent example of why the
mandated use of lethal force must be clearly understood: had the peacekeeping force been authorized
to use lethal force to protect sensitive material, then the use of lethal force would potentially have been
justified provided that the peace operations force had first attempted non-lethal means of resolution; in
this case, they did not do that.
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LESSON 6 | Human Rights in Peace Operations
As the situation escalated, the 15 peacekeepers were equipped and positioned to increase, rather
than reduce, the risk of escalation of violence and a resort to force. Their deployment, with their backs
to the fence, provided no possibility of escape or protection for the peacekeepers, and it was provocative
for the crowd. Their equipment was inadequate in terms of proportionality to the threat and did not
allow for differentiated means in the application of force. Their deployment, equipment, and posture
did not allow for a graduated response, which takes appropriate training and equipment. Deployment
behind the fence, for example, would have resulted in increased security for the peacekeepers, and thus
a lesser risk of having to resort to force to deal with the situation in the scenario.
Other required courses of action by the peacekeepers included calling for intervention by the local
authorities, which remain responsible for the maintenance of law and order (except in the less frequent
case of UN missions with executive authority). This should be done in close coordination with police
components of the mission. In general, this would be the preferred course of action, as military peace
operations forces are less likely to be both equipped and trained to deal with situations like the one
described in the scenario.
The use of force was disproportionate to the threat represented by the protester. Once the man was
handcuffed, the use of further force was unnecessary and unlawful, as it did not respond to the need
to achieve a legitimate law enforcement purpose. In addition, the injured prisoner should have been
given medical assistance, not abandoned in the vehicle. Regardless of emotions, efforts should always
be made to adopt tactics to diffuse, rather than escalate, violence.
The deployment of the soldiers did not allow the crowd to move or disperse. Violent confrontation
became inevitable. The deployment and formation of the peacekeepers resulted in provocation to the
crowd and escalation of violence. The use of force by the peacekeepers was not proportional.
• Using the incident to sit down with local officials and community leaders to discuss how to
encourage better relations; and
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LESSON 6 | Human Rights in Peace Operations
End-of-Lesson Quiz »
5. When human rights violations occur, the 10. Reports of violations of human rights by
peacekeeper should _____. peacekeepers have _____.
A. been mostly overlooked by the international
A. report and intervene
community when these reports surface
B. intervene only when appropriate with the
B. been met with understanding from the local
relevant authorities
population; every group of people has a few
C. let the human rights component do the report
bad apples
D. not alert human rights workers
C. not affected the credibility of the UN
D. seriously undermined the credibility of the UN
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LESSON 6 | Human Rights in Peace Operations
End-of-Lesson Quiz »
Answer Key »
1. D
2. C
3. B
4. A
5. B
6. D
7. D
8. B
9. A
10. D
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ETHICS IN PEACE OPERATIONS
LESSON
HIV/AIDS Awareness and UN
7 Policies Guidelines
Section 7.1 Basic Facts about HIV/AIDS • Understand the basic facts of HIV/AIDS.
Section 7.2 Exposure Risks of Contracting HIV • List and briefly discuss the stages of HIV
infection.
Section 7.3 Protection Against HIV
• Explain the risks of getting infected with
Section 7.4 HIV/AIDS and Peacekeeping
HIV/AIDS.
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LESSON 7 | HIV/AIDS Awareness and UN Policies Guidelines
“Stigma Fuels HIV”, projected onto the façade of the UN General Assembly building, was one of the topics of discussion during the
high-level UN summit on HIV/AIDS. 7 June 2011. UN Photo #475333 by Mark Garten.
Introduction
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LESSON 7 | HIV/AIDS Awareness and UN Policies Guidelines
behaviour. Protecting themselves is important, but the mission of peacekeepers is also to promote the
restoration of security to the families and communities that they serve. This includes security against
HIV and AIDS.
Throughout the world, national and multinational military personnel are among the most susceptible
populations to sexually transmitted infections (STIs), particularly HIV/AIDS. HIV/AIDS is 5 to 20 times
more likely to occur in the presence of other STIs. In some countries, STIs among members of the
military may be two to five times higher than in civilian society. In foreign deployment situations,
STIs in the military may quickly equal or exceed those of disrupted local populations whose infection
rates may already be high. By the late 1990s, UN monitoring missions and peacekeeping deployments
were underway in Africa, the Caribbean, Central Asia, Eastern Europe, and the Middle East. In the
growing number of post-Cold War conflicts to which UN and other peacekeeping contingents have
been deployed, HIV/AIDS poses a deadly threat, not only to those directly involved but also to future
peace and security. Seen in this light, the development of effective HIV/AIDS prevention and control
programmes for multinational peacekeepers and civilian police is of vital and immediate importance.
• A stands for acquired. It means that HIV is passed from one person who is infected to another
person.
• I is for immune and refers to the body’s immune system. The immune system is made up of
cells that protect the body from disease. HIV is a problem because, once it gets into a person’s
body, it attacks and kills cells of the immune system.
• D is for deficiency, which means not having enough of something. In this case, the body
does not have enough of a certain type of cell, immune cells, that it needs to protect against
infections. HIV enters the body and weakens the immune system. Over time, HIV kills more and
more immune cells, the body’s immune system becomes too weak to do its job, and the person
living with HIV becomes sick.
• S is for syndrome. A syndrome is a group of signs and symptoms associated with a particular
disease or condition that occur together. AIDS is a syndrome because people with AIDS have
symptoms and diseases that occur together only when someone has AIDS.
The spread of HIV from person to person is called HIV transmission. HIV is spread only in certain
body fluids from a person who has HIV. These body fluids include:
1) United States Department of Health and Human Services, AIDS Info, “HIV/AIDS: The Basics”, 3 July 2019. Available from: <https://aidsinfo.nih.gov/
understanding-hiv-aids/fact-sheets/19/45/hiv-aids--the-basics>.
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• Blood;
• Semen;
• Pre-seminal fluid;
• Vaginal fluids;
• Breast milk.
HIV transmission is only possible through contact with HIV-infected body fluids. In the United
States, HIV is spread mainly by:
• Having anal or vaginal sex with someone who has HIV without using a condom or taking
medicines to prevent or treat HIV; and
• Sharing injection drug equipment (works), such as needles, with someone who has HIV.
The spread of HIV from a woman with HIV to her child during pregnancy, childbirth, or breastfeeding
is called mother-to-child transmission of HIV.2
It is impossible to get HIV by shaking hands or hugging a person who has HIV. It is also impossible to
get HIV from contact with objects such as dishes, toilet seats, or doorknobs used by a person with HIV.
HIV is not spread through the air or in water or by mosquitoes, ticks, or other blood-sucking insects.
Anyone can become infected with HIV from one single unsafe sexual act or from using drugs by
injection.
» Anal sex. This refers to a man putting his penis into the rectum,
or anus, of a woman or a man. Anal sex can let HIV into your
body through cuts or tears in the rectum or anus. The rectum
does not stretch readily (unlike the vagina). Because of this, it
can tear and bleed more easily. Men who have sex with men are
more vulnerable to HIV infection because of anal sex. A penis can
irritate and cut the anal lining, increasing the opportunity for the
virus to enter the body.
2) For more information, see the AIDS Info fact sheet, “Preventing Mother-to-Child Transmission of HIV”. Available from: <https://aidsinfo.nih.gov/
understanding-hiv-aids/fact-sheets/20/50/preventing-mother-to-child-transmission-of-hiv>.
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can let HIV into the body through any cuts or tears inside the
mouth due to injury or gum disease. People taking semen into
their mouths are more vulnerable than those ejaculating. Oral
sex is a much lower risk for infection than vaginal or anal sex,
especially if semen is not taken into the mouth.
• Animals or insects;
• Water;
• Toilets;
• Visiting in a hospital;
• Coughing or sneezing;
Without treatment, HIV infection advances in stages and gets worse over time. HIV gradually
destroys the immune system and eventually causes AIDS.
3) United States Department of Health and Human Services, AIDS Info, “The Stages of HIV Infection”, 25 June 2019. Available from: <https://aidsinfo.
nih.gov/understanding-hiv-aids/fact-sheets/19/46/the-stages-of-hiv-infection>.
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There is no cure for HIV, but treatment with HIV medicines (ART) can slow or prevent HIV from
advancing from one stage to the next. HIV medicines help people with HIV live longer, healthier lives.
One of the main goals of ART is to reduce a person’s viral load to an undetectable level. An undetectable
viral load means that the level of HIV in the blood is too low to be detected by a viral load test. People
with HIV who maintain an undetectable viral load have effectively no risk of transmitting HIV to their
HIV-negative partner through sex.
Traditional healers around the world are selling cures for HIV/AIDS. Many of these cures have been
examined by scientists, but none so far has proved to eliminate HIV. Traditional healers can ease some
of the symptoms of AIDS-related illnesses and opportunistic infections. Unfortunately, many with HIV/
AIDS turn to traditional healers with false hope of curing the disease and waste their money.
HIV disproportionately affects women and girls because of their unequal cultural, social, and
economic status in society. Intimate partner violence, inequitable laws, and harmful traditional practices
reinforce unequal power dynamics between men and women, which particularly disadvantages young
women. HIV is not only driven by gender inequality, but it also entrenches gender inequality, leaving
women more vulnerable to its effects.
4) United States Centers for Disease Control and Prevention, “HIV Risk Behaviors”. Available from: <https://www.cdc.gov/hiv/risk/estimates/
riskbehaviors.html>.
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The risk of HIV acquisition during vaginal sex has been found to be higher for women than for men
in most (but not all) biological-based studies. This high susceptibility can be explained by a number
of factors including the ability of HIV to pass through the cells of the vaginal lining and the larger
surface area of the vagina. A study published in 2018 provided further insight into the specific biological
conditions that increase HIV risk in women.
Since the start of the global HIV/AIDS epidemic, women in many regions have been disproportionately
affected by HIV. Today, women constitute more than half of all people living with HIV, and AIDS-related
illnesses remain the leading cause of death for women aged between 15 and 49.2 years. Young women
(aged 15–24), and adolescent girls (aged 10–19) in particular account for a disproportionate number
of new HIV infections. In 2017, 7,000 adolescent girls and young women became HIV-positive. This is
a far higher rate than new infections among young men, with young women twice as likely to acquire
HIV as their male peers.5
The presence of an untreated STI like syphilis or gonorrhoea facilitates the transmission of HIV
from one person to another. Open sores and blisters provide an easy entrance into the body for STIs,
including HIV. Having an STI is already a sign of risk-taking behaviour. Prevention and treatment of STIs
is another way to protect against HIV infection.
Drinking alcohol or using illegal drugs will reduce your judgement and your ability to act within the
bounds of safe behaviour. Injecting drug users face direct risks of infection if they share equipment. In
addition, when you are under the influence of alcohol and/or drugs, you are more likely to indulge in
risky sexual contacts. Consumption of alcohol also tends to increase the libido and make people feel
like having sex. Sex workers can often be found in places where alcohol is served. Men who serve in
uniformed services and are restricted to barracks may look forward to receiving their monthly pay,
going on leave, getting drunk, and finding women to have sex with. They may intend to use condoms
but are less concerned about HIV infection when they are drunk.
Safer sex is a means of preventing the sexual transmission of HIV. The easiest form of safer sex
for those who are sexually active is the use of latex condoms every time they engage in vaginal, oral,
or anal sex. Safer sex also includes abstinence, fidelity between uninfected partners, and practising
non-penetrative sex, such as hugging, kissing, masturbation, mutual masturbation, and simulating sex
between a partner’s thighs or breasts. The reason it is called “safer” rather than “safe” sex is that a
condom might break or those intending to practise non-penetrative sex might end up having penetrative
sex without a condom in the heat of the moment.
5) Avert, “Women and Girls, HIV and AIDS”, 10 October 2019. Available from: <https://www.avert.org/professionals/hiv-social-issues/key-affected-
populations/women>.
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sex with. To demonstrate how STIs, including HIV, are transmitted from one person to another, consider
the following situation.
Imagine that you are at a bar. You are out with some friends from your unit. It was a difficult week
at work, and you and your friends want to relax and have a good time. You are sitting at the bar when
a group of beautiful young women enters. You and your friends start talking to them, and before you
know it, you all are coupled off. You start talking and dancing with one of these young women and
eventually decide to leave the bar with her. You go with her to her home and, as things work out, decide
to have sex. Because you were not planning for this to happen, you did not bring a condom, but you
think to yourself that it is “just this one time” and nothing can happen. Besides, she is so lovely that she
cannot possibly have any STIs. You have sex with her without using a condom. Afterwards, as you lie in
bed, you reflect on what a romantic evening it has been. Imagine, however, that your new lady friend
has had unprotected sex “just this one time” at least twice before. Furthermore, your new friend did not
know that the man she picked up at the bar a few months ago had sex with a total stranger “just once”.
She did not know that, on another occasion, he had made an exception “just this one time” and had
unprotected sex with another person, who also had at least two different sexual partners.
Each of these people had put themselves at risk “just this one time” at least twice before. Imagine
if their sexual partners made exceptions and had unprotected sex “just this one time” at least twice
before, as well. Now, think about who is in the bed. You think that it is just the two of you, but there are
actually at least 30 people in bed with the two of you, and one of them could have an STI. Regrettably,
you do not know which one. It could be any of them. Now, think of yourself and your other sexual
partners. Just as with your new lady friend, the pattern is repeated on the other side of the butterfly’s
“wings”.
Think about this: if the woman you met at the bar was a commercial sex worker, how big would
the bed have to be to hold all the people you were having unprotected sex with? If you think this is an
exaggeration, consider this: if any two people on the butterfly had unprotected sex, you are potentially
at risk of getting an STI, including HIV. It is that easy for you to get HIV or any other STI.
You cannot see HIV infection by looking at a person. A seemingly healthy, young, attractive-looking
woman can be infected.
It is important to understand that you cannot determine someone’s HIV or STI status simply by
looking at them. Most people infected with HIV — more than three-quarters — do not know they are
infected, and they can live for 10 years or more, showing no signs of being infected at all. All that time,
they risk infecting every person they have unprotected sexual relations with.
“Men who have sex with men” refers to men who have oral or anal sex with other men. These men
may be homosexual and only have sex with men, or they may be bisexual, which means they have sex
with both women and men. Some men are married to women but occasionally have sex with men. One
study found that half of men who had sex with men also had sex with women. Some men, such as those
restricted to military barracks or prisons, have sex with men on a temporary basis only because they do
not have access to women. The men can come from any social, cultural, or economic group. Most men
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LESSON 7 | HIV/AIDS Awareness and UN Policies Guidelines
who have sex with men have no characteristics that distinguish them from other men. Some may have
adopted certain looks or mannerisms which identify them as being gay. Men who have sex with men in
the uniformed services usually prefer to be secretive about their sexual preferences because they fear
negative repercussions if they are found out.
The challenges for preventing HIV infection among men who have sex with men are as follows:
have sex with men, the following points should be taken Christine Wambaa.
into consideration.
• Men who have sex with men must be aware that unprotected sex has a higher risk of resulting
in HIV infection.
• It is recommended that men who have sex with men engage only in oral sex rather than anal
sex and avoid having partners ejaculate inside the mouth.
• Using a non-oil-based lubricant when having anal sex with a condom will reduce the chance of
it breaking.
• Carry condoms when going to locations where men go to meet other men for casual sex.
» High risk
– Having sex without a condom with a sex worker: Sex workers have multiple partners, which
increases their chances of being infected.
– Anal sex without a condom: A penis can cause rips and tears inside, allowing the exchange
of blood and semen.
– Many sexual partners without using condoms: The greater the number of sexual partners,
the greater the chance of engaging in sex with one who is infected.
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– Having sex without a condom when infected with an STI, or with a person infected with an
STI: STIs bring blood to the surface of the skin, increasing the opportunity for infection.
– Having sex while drunk without a condom: Too much alcohol can reduce the desire to use a
condom.
– HIV-infected person wanting to have a child: A pregnant woman with HIV has a one in three
chance of infecting her child at birth or through breastfeeding.
– Using petroleum jelly or hair oil to lubricate a condom: Oil-based products weaken condoms
and can cause them to break.
– Sharing needles with injecting drug users: Injecting drug users who share needles inject
other people’s blood into their veins.
– A transfusion of untested blood: Unless the blood has been tested, there is no way of
knowing whether or not the person donating it is infected.
» Low risk
– Oral sex without a condom: Unless the person has cuts in their mouth, there is only a small
chance of getting infected.
– Sex with a condom: A condom is a good protection against HIV unless it breaks.
– Touching the blood of an injured person: The skin surface is a good seal against HIV unless
cuts or sores are present.
» Almost no risk
– Injection of medicines: Since it is medicine and not blood that is being injected, the risk is
extremely low.
– Scarification, tribal marking, or female genital cutting: If this were a risk, many more
children would be found to be infected before they became sexually active. It is rare to
find an HIV-positive child who was not infected by their infected mother at birth or through
breastfeeding.
– Sharing razors: HIV in infected blood is fragile outside the body and is easily killed by soap
and water. More old men would be infected if this were a common means of transmission.
» No risk
– Kissing, hugging, massaging, and mutual masturbation: The small amount of HIV in saliva
or sweat is not enough to transmit the virus to someone else.
– Sex between mutually faithful, uninfected partners: Two people who have been tested and
remain mutually faithful cannot get HIV.
– Sharing eating, drinking, and cooking utensils with an infected person: HIV is a weak virus
outside the body. It dies in the air very quickly and is killed by soap and water.
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– Donating uncontaminated blood: Those collecting blood are careful to use new or sterilized
needles.
– Deep kissing with tongues: HIV can be found in saliva but not enough to transfer the virus
from one person to another.
– Sharing a toothbrush or hairbrush: Sharing brushes may not be hygienic, but HIV
transmission is not a problem.
– Being bitten by mosquitoes: If mosquitoes transmitted HIV, then many more people of all
ages would be infected.
– Touching a person with HIV/AIDS: The skin is a good protective coating. HIV does not go
through the skin unless there is an open sore or cut.
– Caring for a person who has HIV/AIDS: Those who are caring for women living with HIV/
AIDS should be particularly careful in handling menstrual blood, but other contact is not a
risk.
Research has shown that condoms achieve their full potential for HIV prevention only through
highly individualized and aggressive approaches to promotion and distribution. Since social and cultural
factors can heavily influence predispositions towards or against condoms, knowledge-attitude-belief-
practice (KABP) surveys of individual military units should precede the development and testing of such
approaches. This requirement especially pertains to UN peacekeeping forces, which are drawn from
many societies and cultures around the world.
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Awareness training
DPO has developed training modules on HIV/AIDS to form part of pre-deployment training for
troop-contributing countries, such as the “HIV and AIDS in Peacekeeping Operations” Course.8 Further
pre-deployment training is offered by DPO on request. HIV/AIDS awareness is also included in induction
upon arrival in the mission area. In June 2001, as part of its global awareness strategy for uniformed
services, UNAIDS and DPKO launched an “HIV/AIDS Awareness Card for Peacekeeping Operations” as a
practical training tool for peacekeepers. This plastic card contains an inner condom pocket and outlines
basic facts about HIV/AIDS and the code of conduct for peacekeepers. It is available in 10 languages —
Arabic, Bengali, English, French, Hindi, Kiswahili, Portuguese, Russian, Spanish, and Urdu.
There are specific forms of behaviour that degrade the image of uniformed personnel and
professional conduct. These behaviours reinforce the avoidance of behaviour that places uniformed
services personnel at risk of infection with HIV and STIs.
It is not expected that uniformed personnel abstain totally from alcohol consumption and sexual
relations. What is expected, however, is that they do not put themselves or others at risk of HIV
infection. Uniformed personnel have a responsibility to uphold the high standards expected of them
when they joined and swore allegiance to their service. Officers, because of their power and influence
over other personnel, have an important task of becoming positive role-models to the personnel under
their charge and not showing disrespect to the code of conduct themselves.9
8) United Nations Staff College System, “HIV and AIDS in Peacekeeping Operations”. Available from: <http://portals.unssc.org/course/view.php?id=68>.
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LESSON 7 | HIV/AIDS Awareness and UN Policies Guidelines
End-of-Lesson Quiz »
1. When a person has AIDS, their body 6. What are the three stages of HIV
lacks _____. infection?
A. immune cells A. Acute HIV infection, Chronic HIV infection,
B. blood vessels AIDS
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LESSON 7 | HIV/AIDS Awareness and UN Policies Guidelines
End-of-Lesson Quiz »
Answer Key »
1. A
2. A
3. D
4. A
5. D
6. A
7. A
8. A
9. B
10. D
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ETHICS IN PEACE OPERATIONS
LESSON
UN Guidelines and Procedures
UN uniformed
peacekeepers,
specifically the military
and UN Police, represent
the UN and their own
countries.
Rights Discipline
Conduct
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
The United Nations Mission in South Sudan (UNMISS) conducts a course in peacekeeping operations for middle-ranking officers of the
Sudan People’s Liberation Army (SPLA) in Juba, from 21 October through 6 November 2013. 31 October 2013. UN Photo #569354 by
Martine Perret.
Introduction
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
The UN embodies the aspirations of the people of the world for peace. In this context, the UN
Charter requires that all peacekeeping personnel must maintain the highest standards of integrity and
conduct. Peacekeepers, whether military, UN Police, or civilian, must comply with the Guidelines on
International Humanitarian Law for Forces Undertaking UN Peacekeeping Operations and all applicable
portions of the Universal Declaration of Human Rights as the fundamental basis of all their standards.
Uniformed peacekeepers must first and foremost realize and appreciate that they are guests of their
host nation. Uniformed peacekeepers are granted certain privileges and immunities, accorded through
agreements negotiated between the host country and the UN, solely for the purpose of discharging
peacekeeping duties. The expectations of the world community and the local population will be high,
and the actions of uniformed peacekeepers must reflect these high standards as demonstrated by their
actions and conduct, which will be closely observed by the host population.
• Treat host country inhabitants with respect, courtesy, and consideration; and
Unfortunately, there are cases of misconduct involving peacekeeping personnel. In response, the
UN and Member States ensure that all credible allegations are investigated and that appropriate action
is taken when allegations are substantiated.
Many contributing countries regularly limit the oversight of off-duty military or police personnel
because their civil mechanisms, such as police and civilian courts, will monitor and discipline criminal or
civil violations. Unfortunately, the situation is often different when on mission. The host country’s civilian
mechanisms often are weak or even non-existent, and they may not be in a position to monitor and
discipline the off-duty conduct of UN staff. Regardless, members of national peacekeeping contingents
are subject to the exclusive jurisdiction of their home States. This makes it even more important that
peacekeepers have mission and contingent mechanisms to track and penalize misconduct.
Lack of appropriate oversight of peacekeeping force’s off-duty conduct may also contribute to
the impunity of local security actors and parties to the conflict, often at the same time as efforts
are underway to reduce or reverse impunity of local actors in the host country. Justice demands that
violators be penalized, and there is a real likelihood of an increase in human rights violations once it is
recognized that there is little deterrence or likelihood of punishment.
1) United Nations, United Nations Peacekeeping, “Standards of Conduct”. Available from: <https://peacekeeping.un.org/en/standards-of-conduct>.
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
Another unique aspect of peace operations is that off-duty peacekeepers are never truly “off-duty”.
As every peacekeeper knows, even out of uniform, they can be identified easily. In particular, the local
inhabitants will always see them as peacekeepers, and any misconduct or criminal acts by them will be seen
as defining the larger peace operation.
Peacekeepers need to know that when on mission, they no longer have the luxury of being truly off-duty
as they can be at home. Commanders also must understand that it is both appropriate and imperative that
they guide and monitor the misconduct of their personnel even when they are off-duty. Obviously, there
is an equal duty to discipline misconduct. The UN code of conduct reinforces the need for peacekeepers to
abide by human rights standards.
To improve transparency and accountability in the handling of cases of misconduct, the Department of
Peace Operations has requested that each TCC/PCC provide the legal framework applicable to its contingent
and/or officers when deployed to a UN mission. While the information contained in the Member State fact
sheet is periodically updated, the UN does not guarantee that the information provided is correct, complete,
or up to date. The fact sheet reproduces content received from the Member States.
In 2006, the UN began record keeping and data tracking of allegations of misconduct and subsequent
actions. In July 2008, the Department of Field Support (now the Department of Operational Support)
launched the Misconduct Tracking System (MTS), a global database and confidential tracking system for
all allegations of misconduct involving peacekeeping personnel. The Conduct and Discipline Unit website2
provides more detailed information on all these issues.3
It is important that investigations into allegations of possible misconduct are thorough and conducted
in a timely manner, with sensitivity to any potential victims. When peacekeeping personnel are alleged to
have committed a crime, such as rape, the UN will complete a preliminary assessment before referring the
matter to the appropriate Member State for criminal investigation. This is because UN investigations are
administrative in nature. Investigations can be carried out by the UN Office of Internal Oversight Services
(OIOS) or investigative entities in the mission, including the Special Investigation Unit, Military Police, UN
Police, and ad-hoc panels.
2) United Nations, “Conduct in UN Field Missions”. Available from: <https://conduct.unmissions.org/>.
3) United Nations, United Nations Peacekeeping, “Standards of Conduct”. Available from: <https://peacekeeping.un.org/en/standards-of-conduct>.
4) United Nations, “Core Pre-deployment Training Materials, Lesson 3.3”, 2017. Available from: <http://repository.un.org/bitstream/
handle/11176/400656/Lesson%203.3%20Conduct%20and%20Discipline.pdf?sequence=3&isAllowed=y>.
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
Members of military contingents deployed in UN operations remain under the exclusive jurisdiction
of their national government. The responsibility for investigating an allegation of misconduct and taking
subsequent disciplinary action rests with the troop-contributing country, in accordance with the revised
model MOU, endorsed by the General Assembly in 2007. Some troop-contributing countries opt to investigate
allegations of sexual exploitation and abuse in collaboration with the OIOS. If a troop-contributing country
does not opt to investigate allegations involving its personnel, the UN will conduct its own administrative
investigation into the matter.
When the UN receives information about possible serious misconduct, as defined by the memorandum
of understanding, involving one or more members of a military contingent, in the vast majority of
cases the UN will refer the matter to the permanent mission of the country in question and request the
government to appoint a national investigation officer to investigate the allegation(s). Since July 2016,
troop-contributing countries are required to include national investigation officers within their contingents
to ensure that investigations start in a timely manner. In matters involving misconduct (not amounting to
serious misconduct), the matter would normally be referred to the Contingent Commander for investigation.
The troop-contributing country involved must report back to the UN on the outcome of the investigation
and on any actions taken.
UN investigative entities are required to complete investigations into allegations of sexual exploitation
and abuse within six months, subject to extenuating circumstances. Troop-contributing countries have also
been asked to complete their investigations within this time frame. In matters deemed particularly urgent,
troop-contributing countries are requested to complete investigations within 90 days, which may also be
done by UN investigative entities in similar circumstances.
When allegations of serious misconduct involving military and police personnel are substantiated, the
UN may repatriate the individuals concerned on disciplinary grounds and ban them from future participation
in peacekeeping operations. Disciplinary sanctions and any other judicial actions, which may include criminal
accountability or civil accountability related to child support, remain the responsibility of the national
jurisdiction of the individual involved. Member States are required to keep the Secretariat informed of the
progress and outcome of investigations, as well as of any disciplinary or administrative action taken at the
national level.
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
When allegations that do not amount to serious misconduct are substantiated, administrative action
can be taken at the mission level. Such actions can include giving a verbal warning or issuing a letter of
reprimand.
• the Revised draft model Memorandum of Understanding between the UN and Troop-Contributing
Countries; and
• the General Assembly resolution on Criminal accountability of United Nations officials and
experts on mission (A/RES/62/63).
Reporting
Many UN peace operations include human rights-related mandates aimed at contributing to the
protection and promotion of human rights through both immediate and long-term action, empowering the
population to assert and claim their human rights, and enabling State and other national institutions to
implement their human rights obligations and uphold the rule of law. Human rights teams on the ground
work in close cooperation and coordination with civilian and uniformed components of peace operations, in
particular, in relation to the protection of civilians; addressing conflict-related sexual violence and violations
against children; and strengthening respect for human rights and the rule of law through legal and judicial
reform, security sector reform, and prison system reform.5
There will always be a need to report, even while acting to protect human rights. Personnel should
obtain as much information as possible of the alleged human rights abuse. This is done by making notes
and taking photographs. Report the information as soon as possible to the superior HQ. Report on “What,
Where, When, Who, How?”, and do so according to the following format:
– REPORT FORMAT
– FROM:
– TO:
– DATE/TIME OF INCIDENT:
– LOCATION:
– OTHER INFORMATION:
– PERSONNEL INVOLVED:
– NAME:
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
– GRADE:
– RACE:
– SEX:
– AGE:
– POSITION:
– DUTY STATUS:
– WHO? All people involved including the name, gender, age, address of the victim and
perpetrator.
– HOW? Which method was used? How did the perpetrator commit the violation of HR?
(e.g. What weapon was used?)
– WAS IT POSSIBLE TO TAKE ACTION? What action, if any, has the observer or unit
taken with respect to the incident.
– REMARKS:
– PUBLICITY:
– COMMANDER REPORTING:
– POINT OF CONTACT:
– DOWNGRADING INSTRUCTIONS:
While the avenues of reporting vary between missions, peace operations personnel can generally report
misconduct over a secure email address, a telephone hotline, using a locked complaint box, or in person to
a Conduct and Discipline Team.6
• OIOS;
• UN Ombudsman.
6) All UN personnel have a duty to report misconduct, cooperate in investigations, and provide information in good faith.
7) United Nations, “Core Pre-deployment Training Materials, Lesson 3.3”, 2017. Available from: <http://repository.un.org/bitstream/
handle/11176/400656/Lesson%203.3%20Conduct%20and%20Discipline.pdf?sequence=3&isAllowed=y>.
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
To raise awareness among host populations of what is acceptable behaviour by peace operations
personnel and how to report wrongdoing, Conduct and Discipline Teams often will reach out to host
communities, including local government officials, civil society organizations, community groups,
international organizations, non-governmental organizations, schools, and religious communities. Missions
frequently establish community-based complaint reception mechanisms. These may include identifying
community liaisons as trusted channels through which members of the host population can comfortably
report misconduct by peace operations personnel.
The wide range of awareness-raising measures undertaken in field missions includes poster campaigns,
brochures, websites, theatre, and radio broadcasts, often in local languages.
Protecting
During the mid-1990s, peacekeepers found themselves deployed in internal conflicts, in which the
civilian population frequently became the target of attacks. As a result, the Security Council placed the
protection of civilians on its agenda and developed an architecture of resolutions that strengthened the role
of peacekeepers in this task. Mandates and rules of engagement were clarified to ensure that peacekeepers
had the authority to act. The Council also passed resolutions to establish frameworks to address children in
armed conflict and conflict-related sexual violence.
States always have the primary responsibility to protect their populations. The first role of peacekeepers
is to support governments to uphold their protection responsibilities through advice, technical and logistical
support and capacity-building. Peacekeeping missions also seek, through political good offices and
mediation, to take a preventive approach to protect civilians. As a last resort, however, many peacekeepers
are authorized to act to protect civilians physically.
More than 95 per cent of peacekeepers today are mandated to protect civilians, including protecting
children and protecting against conflict-related sexual violence. The vast majority of peacekeepers today
serve in missions with mandates that prioritize the protection of civilians.8
If the mandate of the mission allows for acting to protect a person’s rights (e.g., the right to life), this
will be made very clear in the instructions and rules of engagement (ROEs). There will be no specific ROEs
for the protection of gender or human rights; the ROEs will apply to all situations that may require the use
of force. ROEs are mission-specific, as they depend on the mandate and other specific factors.
Disciplinary measures
In cases of misconduct, the following possible consequences can occur, depending on the peacekeeper’s
personnel category.
» Contingent members
If there is a finding of serious misconduct for a military member of a national contingent, the UN can
recommend repatriation. Military members of national contingents are subject to the exclusive criminal
jurisdiction of their national authorities. Therefore, they are immune from local criminal prosecution. Once
repatriated, however, this category of personnel is subject to national military law and may face court
martial. DPO will follow-up with Member States to obtain information on action taken after repatriation.
8) United Nations, United Nations Peacekeeping, “Protecting Civilians”. Available from: <https://peacekeeping.un.org/en/protecting-civilians>.
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
The measures that may be invoked for military observers following a finding of serious misconduct
include:
In addition, if the local laws of the host country have been violated, the UN and the host country can
agree on whether to institute criminal proceedings. Military observers are subject to the jurisdiction of the
host country or territory with respect to criminal offences committed in the host country. The Secretary-
General has the right and duty to waive the immunity of such individuals where such immunity would
impede the course of justice.
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
UN rules on the legal status of UN staff and jurisdiction for misconduct, including criminal and human
rights violations, try to reconcile different concerns, such as:
• The need to enable UN staff to perform their functions independently, without fear of being
unfairly accused or prosecuted;
• The need to ensure justice when crimes and serious violations are committed; and
Whatever the details of the rules, it is clear that they need to be implemented in a way that allows
justice to be achieved when human rights violations are committed.
Troop-contributing countries (TCCs) have exclusive criminal jurisdiction over their military personnel.
According to the Model Status of Forces Agreement10 (SOFA) for Peacekeeping Operations, “Military members
of the military component of the UN peacekeeping operation shall be subject to the exclusive jurisdiction of
their respective participating States in respect of any criminal offences which may be committed by them”
in the host country/territory.
To improve transparency and accountability in the handling of cases of misconduct, DPO has requested
that each troop-contributing country provide the legal framework applicable to its contingent when deployed
to a UN mission. A list of the Legal Frameworks for Deployed Contingents is available online.
TCCs are responsible for taking effective judicial measures to deal with crimes, including human
rights violations, committed by their military on UN missions. Exclusive jurisdiction includes the duty
to see justice done, as reinforced by the SOFA: “The Secretary-General … will obtain assurances from
governments of participating States … that they will be prepared to exercise jurisdiction with respect to
crimes and offences which may be committed by members of their national contingents serving with the
peacekeeping operation”.
Military observers
Military observers, like civilian police (CIVPOL) and most civilian mission members, are classified as
Experts on Mission, as set out in SOFAs and the Convention on the Privileges and Immunities of the United
Nations. As such, they enjoy immunity for the purposes of official acts that they perform. However, the UN
retains both the responsibility and the duty to see that justice is met, and the Secretary-General has “the
right and duty to waive the immunity of any expert in any case where, in his opinion, the immunity would
impede the course of justice…”
9) Dieter Fleck, “The legal status of personnel involved in United Nations peace operations”, International Review of the Red Cross, 2013, 613-636.
10) United Nations General Assembly, “Comprehensive Review of the Whole Question of Peace-keeping Operations in All Their Aspects” (A/45/594), 9
October 1990.
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
Military observers remain subject to the jurisdiction of the host country with respect to any criminal
offences11 that they may commit in the host country and of any civil dispute or claim not related to the
performance of their official functions. Upon receiving allegations of misconduct by any mission member,
including military peacekeepers, the head of mission is obliged to initiate investigations and possibly boards
of inquiry.
(DPKO/MD/03/00993)
The purpose of the directives is to establish UN procedures to follow for alleged breaches of conduct in
the mission area by military members of national contingents assigned to UN peacekeeping and other field
missions. These directives apply to cases of serious misconduct committed by military members of national
contingents. In addition, any act of misconduct that has a detrimental effect on the image, credibility,
impartiality or integrity of the UN, the peacekeeping or other field operation, or the national contingent
concerned shall be regarded as an act of misconduct falling within the scope of these directives. Cases
of minor misconduct committed by military members of national contingents shall normally be dealt with
by the national contingent commanders, as provided for under the relevant national military laws and
guidelines and in conformity with mission directives and standard operating and administrative procedures.
Serious misconduct is defined as “any act, omission, or negligence, including criminal acts, that is a
violation of mission standard operating procedures, directives, or any other applicable rules, regulations, or
administrative instructions, that results in or is likely to result in serious damage or injury to an individual or
to the mission. It includes, but is not limited to:
• Abuse of authority;
• Breach of confidentiality;
• Unlawful acts (e.g. theft, fraud, smuggling, bribery) on or off UN premises, with or without the
involvement of UN vehicles, and whether or not the individual was officially on duty at the time
of the offence.”
Article 8 of the directive confirms the legal status of military peacekeepers in that, “Military members of
national contingents … shall be subject to the exclusive jurisdiction of their respective participating States
11) United Nations, “Directive for Disciplinary Matters Involving Civilian Police Officers and Military Observers”.
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in respect of any criminal offences that may be committed by them in the mission area. They shall be
immune from legal process in respect of words spoken or written and all acts performed by them in their
official capacity. They are, however, subject to the jurisdiction of the host country/territory in respect of any
disputes/claims of a civil nature not related to the performance of their official functions.”
In cases where military members of national contingents are believed to have been involved in an act of
serious misconduct or an act that has the potential to damage the image, credibility, or integrity of the UN,
the head of mission shall be notified immediately. Any member of the field mission who becomes aware of
such acts shall report them to the head of mission. Notification may also be made to the Personnel Conduct
Officer, who shall bring it to the attention of the head of mission. However, the head of mission, usually a
civilian Special Representative of the Secretary-General (SRSG), has the mandate and obligation to take
action as follows:
The Board of Inquiry is not a judicial body; it is a management tool to assist the head of mission in
discharging their responsibilities. The Board may make recommendations for appropriate administrative
action, including repatriation.While the procedure in place clearly limits the role of the UN with regard to
ensuring accountability for violations, it is important that, at a minimum, these procedures be properly used
and followed, and that the UN be seen to take action seriously within its purview. A cursory investigation of
alleged violations, for example, will not serve justice.
It is equally — and perhaps more — important that TCCs seriously fulfil their responsibility to take
appropriate action in cases of violations, including through the prosecution and trial of the peacekeepers
involved.
An important aspect of the issue, which affects relations between the uniformed peacekeepers and the
host country population, is that usually little information is made available about any legal action taken
against peacekeepers that have been accused of violating or are found to have violated human rights once
they have been repatriated. This can clearly perpetuate victims’ resentment and perception of “impunity”
vis-à-vis international peacekeepers.
The directives seek to address this problem by stating that, “Although the responsibility to discipline
military members of national contingents remains a national responsibility, the United Nations does have
an interest in ensuring that justice is carried out.” Following repatriation, the UN shall request information
about the action taken with regard to repatriated military members of national contingents. If no response
is received, periodic reminders will be sent to the concerned permanent mission from the Military Division of
DPO. If no response is forthcoming, appropriate steps shall be taken to bring the matter to the attention of
the government concerned at the highest possible levels, to underscore the seriousness of the matter and
to pursue it with a view to seeing that appropriate disciplinary steps are taken (Art. 28).
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
Prevention
The first and most important action in addressing misconduct is preventing it from occurring in the
first place. Prevention of misconduct must be undertaken in a proactive and comprehensive manner in
partnership between the UN and its Member States, from the time missions are being planned to when
personnel deploy and carry out their duties in the field.
• They have a responsibility and are accountable for ensuring that appropriate measures are in
place so that personnel under their command are aware of and understand the standards of
conduct expected of them and that they will be held responsible if they fail to adhere to those
standards.
• When personnel fail to abide by UN rules, it is the commander who has failed to communicate
and to ensure adherence to the standards of conduct.
• Commanders are to ensure that they and all personnel under their command are familiar with
the standards of conduct.
• Commanders have the responsibility to ensure that deployed contingent forces receive adequate
in-mission training on preventive measures.
• When in the mission area, commanders are to liaise with relevant Force HQs and Conduct and
Discipline Teams (CDTs) for joint in-mission training efforts to generate and attain the desired
level of awareness.
• Commanders should endeavour to routinely include uniformed female peacekeepers in all duties,
including patrols and community outreach efforts. This would help to prevent the involvement
of male peacekeepers in activities capable of promoting acts of sexual exploitation and abuse.
12) United Nations, United Nations Peacekeeping, “Military Aide Memoire: United Nations Measures against Sexual Exploitation and Abuse, Commanders’
guide on measures to combat Sexual Exploitation and Abuse in United Nations military”, August 2017.
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
A variety of prevention measures are put in place at UNHQ and at the field level. These measures
include training of personnel on the UN Standards of Conduct, both before and after deployment, and
public outreach to the host population through broadcast messages, the dissemination of brochures,
poster campaigns, and meetings with community groups. The UN also conducts vetting of individuals
for records of prior misconduct while in the service of a UN operation and conducts risk assessment and
risk management activities in the mission area.
Further preventive measures at field level, depending on the risk factors that are present, can
include restrictions of movement, curfews, requiring soldiers to wear uniforms outside their barracks,
designating off-limits areas, instituting non-fraternization policies, increasing patrols around high-risk
areas, and decentralization of conduct and discipline personnel into locations with a potentially high risk
of misconduct.
Effective prevention activities constitute a solid foundation for ensuring that all UN personnel
deployed in field missions maintain the highest standards of conduct and integrity at all times.
There are two key measures for commanders to instil discipline regarding human rights and reduce the
risk that those under their command will violate human rights standards:
• Know the rules: Ensure that personnel know the applicable human rights laws, standards, SOPs,
guidelines, etc. In addition to the importance of protecting potential victims from human rights
violations, it is an essential component of command that leaders are protecting their people by
helping those individuals to stay out of trouble. In other words, competent commanders will
actively look to protect their personnel from violating human rights rather than simply waiting
to court martial them.
• Know the penalties: Ensure that infractions will be disciplined and that all personnel know that
there will be penalties, including criminal charges, for criminal acts.
Disciplining violators
The response to human rights violations is as important as preventing them. Rapid and proportional
disciplinary action is critical to deterrence — sending the clear signal that punishment is guaranteed and will
reflect the seriousness of the violations.
Military commanders at all levels, from Force Commanders to squad leaders, understand the
disciplinary obligations of command set out above. It is an easy adaptation to understanding that the
same duties and obligations apply when on UN-mandated peace operations. What takes some work,
however, is understanding that peace operations environments create added risks of misconduct by
military members. Those risks arise from new legal and cultural constraints as well as the unique
stresses and strains of peace operations, all of which increase the risk of mistakes. Good leaders
and commanders will master those new peacekeeping challenges and look to set in place adequate
mechanisms to prevent violations of international human rights standards.
What is also important to remember is that the UN does not have its own military justice mechanisms.
The UN is expected to rely on TCCs to discipline their members, including through criminal prosecution,
when applicable. TCCs must be prepared to meet those disciplinary expectations fully.
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
Carl Schurz (1829–1906) was a German-born immigrant to the United States who served as a US
Senator and Secretary of the Interior. He once said, “my country right or wrong; if right to be kept right;
and if wrong, to be set right.” This phrase can be easily restated to read: “my fellow peacekeepers right or
wrong; if right, to be kept right; and if wrong, to be set right.”
Peacekeeping forces are ultimately responsible for the successful completion of their mission, which will
be seriously undermined — if not completely undone — by violations of human rights perpetrated by, or with
the tacit culpability of, the peacekeeping force.
Assisting fellow peacekeepers in avoiding misconduct and abiding by human rights standards is an
aspect of loyalty. This loyalty grows more important in times of crisis. Loyalty to military ethics and human
morality can appear to contradict the need to be loyal to comrades, and it requires individuals to deal with
ethical dilemmas.
Ethical dilemma
Ethical conduct
• Consider your options and your obligations, both moral and legal.
• Accept responsibility for your actions, do the right thing, and report your actions and observations
to your superiors.
In situations where peacekeepers violate human rights, it is the duty of fellow peacekeepers to remain
loyal to the values of their unit, their military, their country, and the UN. International human rights
standards embody those values. Whether the violations have been committed inadvertently or purposely,
there is the danger that the noble sentiments of comradeship and loyalty are twisted or subverted by those
guilty of misconduct who would ask their colleagues to shield them from the ramifications of their actions.
Peacekeepers must be trained to handle such ethical dilemmas.
Those with command responsibility have a greater obligation to act. Commanders are to ensure that all
contingent members are aware of the obligation to cooperate and assist in investigations. Any uniformed
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
UN personnel subject to investigation upon the allegation of sexual exploitation and abuse, or who has
information relevant to the investigation, must provide all necessary information as requested, including
direct and indirect testimony and physical evidence. Commanders13 have key roles and responsibilities to
prevent, investigate, and administer punishment for violations. However, when witnessing or hearing about
possible human rights misconduct, all peacekeepers should:
• Alleviate the suffering of the victim and provide appropriate restitution; direct victims to
organizations that may provide assistance and support;
• Report violations immediately and to the appropriate individuals, such as military police and
superiors;
• Make sure that commanders ensure justice by taking appropriate measures against the violator;
and
• Prevent further violations through normal and innovative efforts to change attitudes and improve
human rights awareness. Make it clear that misconduct will be caught and justice will be applied
fully.
Note that the Secretary-General’s Bulletin on Special Measures for Protection from Sexual Exploitation
and Abuse,14 the DPKO Directives for Disciplinary Matters Involving Military Members of National
Contingents,15 and the DPKO Directives for Disciplinary Matters Involving Civilian Police Officers and Military
Observers16 all require UN staff and peacekeepers who become aware of acts of serious misconduct and
sexual exploitation and abuse to report them through the appropriate channels. A similar requirement is
contained in international human rights law.
The various UN-mandated missions in Somalia in the early 1990s (the UN Mission in Somalia [UNOSOM
I], UNSOM II, and the Unified Task Force [UNITAF]) provide well-known examples of failure to properly
anticipate the peace operation challenges, which resulted in serious human rights violations by the UN-
mandated forces.
The operational challenges in Somalia and risk of human rights violations by UN-mandated troops
were heightened by the Security Council mandate to use “all necessary means” of force. The resulting
ROEs allowed for the use of deadly force when there was a clear demonstration of hostile intent. That,
combined with heavily armed and antagonistic belligerents who were killing peacekeepers and thieves who
were stealing from peacekeepers, created a high risk of overreaction by multinational troops. Human rights
violations by peacekeepers allegedly included beatings in detention, torture, and arbitrary executions.
By all accounts, a number of military contingents were not rigorous in following up allegations of violations
carried out by their troops. Among the serious and widely reported violations were those committed by
13) United Nations, United Nations Peacekeeping, “Military Aide Memoire: United Nations Measures against Sexual Exploitation and Abuse, Commanders’
guide on measures to combat Sexual Exploitation and Abuse in United Nations military”, August 2017.
14) UN Secretary-General, Secretary-General’s Bulletin, “Special measures for protection from sexual exploitation and sexual abuse” (ST/SGB/2003/13),
9 October 2003.
15) United Nations, “Core Pre-deployment Training Materials, Lesson 1.6” 2017.
16) Ibid.
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Canadian troops, including the torture and killing of a Somali youth taken prisoner after having broken into
the military camp to steal.17
The human rights violations by Canadian peacekeepers in Somalia were a shock to the Canadian military
and public. The subsequent investigations, punishments, and corrective actions were extensive and included
the following:
• Ten court-martials, including corporals, sergeants, platoon commanders, and others. Some
received jail time. The key individual accused of murder had attempted suicide, which resulted
in severe brain damage, and he was judged unfit for trial.
• Extensive non-disciplinary actions were taken against senior leadership of the armed forces
including the de facto censuring of a number of senior leaders of the Canadian Armed Forces,
including several chiefs of defence (the most senior military commander). It is estimated that
the careers of tens of officers were effectively ended; many chose to leave the military.
• The full infantry regiment that had been deployed to Somalia was officially disbanded in disgrace,
and its members were re-assigned to other infantry regiments. This was unprecedented in
Canadian military history.
• An independent and highly publicized public inquiry ran for several years.
Canada’s successful prosecution of the violators, which included disciplining those who had not properly
prepared the Canadian peacekeepers for the challenges of peacekeeping in Somalia, stands out as a
remarkable example of positive action taken by a troop-contributing country to give effect to its international
human rights obligations and of commitment to uphold legality and ethics among troops.
The horrific nature of the more gross or serious human rights violations can result in a strong incentive
to hide such violations. This is particularly so when national reputations are at risk. This only serves to
17) Clyde H. Farnsworth, “Torture by Army Peacekeepers in Somalia Shocks Canada”, The New York Times, 27 November 1994. Available from: <https://
www.nytimes.com/1994/11/27/world/torture-by-army-peacekeepers-in-somalia-shocks-canada.html>.
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protect the guilty and allow impunity to endure. Military peacekeepers that permit such cover-ups are also
planting the seeds of disillusion and morale problems within their military. The justice and catharsis of
proper human rights discipline will only serve to strengthen peacekeepers over the long term.
• Everyone has the right to life; the right to security of the person; and the right to freedom from
torture and other cruel, inhuman, or degrading treatment and punishment.18
• No exceptions are permitted with regard to the right to life; the prohibition of torture and
other cruel, inhuman, or degrading treatment; the prohibition of slavery; the prohibition of
imprisonment for failure to fulfil a contractual obligation; the prohibition on ex post facto laws;
the recognition of everyone as a person before the law; or the right to freedom of thought,
conscience, and religion.19
• Minorities, non-nationals, and refugees are to be provided with the same human rights
protections as all other inhabitants in that all persons are equal before the law and are entitled
without discrimination to the equal protection of the law.20
• Refugees have unique rights as set in the Refugee Convention and the Protocol of 1967.
• Children are particularly vulnerable and have additional protections (for example, the Convention
on the Rights of the Child).
• Women are entitled to the equal enjoyment and protection of all human rights in the political,
economic, social, cultural, civil, and all other fields.21
• Sexual violence, exploitation, and abuse are prohibited at all times, and specific attention should
be paid to SGBV against women and children.
Numerous standards provide detailed direction for peacekeepers carrying out policing functions:
• BPUFF – Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, 1990;23
• SMR – Standard Minimum Rules for the Treatment of Prisoners: UN 1955 (approved by ECOSOC
in 1957 and 1977);24
• Body of Principles for the protection of all Persons under any form of Detention or Imprisonment;25
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• Model memorandum of understanding (MOU) between the United Nations and governments
contributing to the Standby Forces (1998);27 and
• Directives for Disciplinary Matters Involving Civilian Police Officers and Military Observers
(DPKO/CPD/DDCPO/2003/001).
There have been many forceful reminders that these standards apply to peacekeepers:
• The Secretary-General’s Bulletin on Special Measures for Protection from Sexual Exploitation
and Sexual Abuse29 (ST/SGB/2003/13), which sets clear and strict prohibitions with regard to
sexual exploitation and abuse by UN personnel, and mechanisms to deal with breaches of these
prohibitions.
• The Secretary-General’s Report on Special Measures for Protection from Sexual Exploitation and
Abuse: a New Approach (A/71/818/Add.1) (2018).30
• If you do violate human rights, immediately take responsibility, report the incident, and look to
mitigate the harm done.
• Help to ensure that they know the applicable human rights standards.
• Anticipate what action you should take if they violate human rights.
• If they violate human rights, report the violation and look to mitigate the harm done.
28) United Nations, Secretary-General’s Bulletin, “Observance by united nations forces of international humanitarian law”.
29) United Nations, Secretary-General’s Bulletin, “Special measures for protection from sexual exploitation and sexual abuse” (ST/SGB/2003/13), 9
October 2003.
30) United Nations, Report of the Secretary-General, “Special measures for protection from sexual exploitation and abuse: a new approach” (A/71/818),
28 February 2017; Report of the Secretary-General, “Special measures for protection from sexual exploitation and abuse: a new approach” (A/71/818/
Add.1); United Nations, “Preventing Sexual Exploitation and Abuse”.
31) United Nations, United Nations Peacekeeping, “Standards of Conduct”.
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• Ensure that they know the applicable human rights standards and have been trained for
situations that they might encounter.
• Ensure that they know the penalties for violations and that they will be disciplined.
• Anticipate what action you must take if they do violate human rights.
• If they violate human rights, immediately take the appropriate action in keeping with UN rules
and procedures, and look to mitigate the harm done.
• Fully document all human rights violations and any action taken.
Assistance and support to victims of misconduct and abuse are provided in cooperation among all UN
System entities involved in the response to misconduct. The CDTs working in different field operations
around the world have engaged in mapping the services and assistance available for victims. In many
instances, this has been done in consultation with other UN, international, and local NGO partners.
Consequently, when an individual comes forward as a victim of abuse, assistance and support from
the UN will be provided through identified existing local services, programmes, networks, and community
mechanisms that are appropriate to the given context and in a manner that responds to the individual needs
of the victims and that does not isolate or stigmatize them. Assistance and support are provided even before
an investigation into the allegations has been completed. A victim does not need to identify the perpetrator
or prove that they were abused by a UN staff member or a related person in order to receive basic assistance.
Such assistance and support may include medical assistance and help to access psychological counselling
or find shelter, clothing, food, or protection if their security is at risk. Victims are also advised on how the
UN will handle their allegation. If a victim’s claim is substantiated through an investigation, they can receive
additional support and assistance.
Note on National or UN Authorities: if, after proper investigation, there is evidence to support allegations
of human rights misconduct, those cases being handled by the UN may, upon consultation with UNHQ, be
referred to national authorities for their action, including criminal prosecution.
Lesson summary
• Uniformed UN peacekeepers, specifically the military and UN Police, represent the UN and their
own countries. Their conduct, both positive and negative, affects the success of the whole
mission because people expect higher standards from uniformed personnel.
• There will always be a need to report, even while acting to protect human rights. Obtain as
much information as possible of the alleged human rights abuse.
• If the mandate of the mission allows for acting to protect a person’s rights (e.g. the right to life),
this will be made clear in the instructions and rules of engagement (ROEs).
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• Military observers remain subject to the jurisdiction of the host country with respect to any
criminal offences that they may commit in the host country and of any civil dispute or claim not
related to the performance of their official functions. Under certain circumstances, violators will
be repatriated for possible criminal proceedings.
• Rapid and proportional disciplinary action is critical to deterrence — sending the clear signal that
punishment is guaranteed and will reflect the seriousness of the violations.
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In this case study, UNPRO is a fictional UN peace operation operating in the fictional country of
Orangeland. UNPRO has been working hard to get public support for its efforts to counter criminal gang
activities in the southeast of Orangeland, including along the border with Whiteland and in the port of
Ervinport. Rebel commander Col. Zebz and his “militia” have been trying to portray themselves as the
victims, but it seems as if the public at large are realizing that Zebz and his people are merely common
criminals. A major part of this turn-around in public perception has been UNPRO’s psychological operation
(PSYOP) Honest & Open. Operation Honest & Open has emphasized how ethical and fair UNPRO is, while
at the same time showing that Col. Zebz is breaching criminal laws to enrich himself by drug-running and
trafficking in women.
• You are a section commander doing dock security in Ervinport. Your six-month tour is over in
three weeks, and you are proud that you have managed to keep a couple of your wilder troopers
in line. However, you have just learned that half of the section got into a bar fight when they
were off-duty. They lost the fight, but they waited for one of the Orangelandians, caught him,
took him back to the docks, and proceeded to beat him so severely that he died.
• You are a platoon commander getting ready to head home in two weeks with your battalion.
You have just learned that, last week, one of your section commanders literally buried an
Orangelandian who was beaten to death by four members of his section who were off-duty at
the time. Apparently, the corporal and two of his section put the body in a truck and buried it in
the dump at the north edge of town. Now that they have attempted to avoid justice, the court
martials are likely to result in prison time and a dishonourable discharge for them.
• You are a battalion commander getting ready to take the battalion home in a week. The tour has
been a real success, and the battalion’s rearguard in your home country has made all sorts of
homecoming arrangements. They even convinced your national president to meet the battalion
as it de-planes. Your home country is coming out of an economic recession, and the public media
there has been using the success of your battalion as a good-news story. However, your second-
in-command has just confirmed the rumour about the beating death of an Orangelandian and
the burying of his body by off-duty battalion members. Charging those responsible for covering
up the actions of the section commander who buried the Orangelandian is going to have a
negative effect back home. Also, you have been happy with the battalion’s PSYOP Honest &
Open. The local Orangelandians think that your battalion and UNPRO are absolutely honourable
and can be trusted always to do the right thing. You figure that UNPRO’s reputation is going to
suffer and ruin one of the proudest achievements of your tour.
• You are a military Force Commander and have just found out that one of the battalions in
Ervinport was involved in hiding the fact that a several of their off-duty peacekeepers beat an
Orangelandian to death. The battalion left the mission area over a month ago, and you hope
that their government will agree to send over another battalion. Nobody on the Orangeland side
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seems to know what happened. The victim appears to have been a Zebz thug, and it is assumed
that Zebz had him eliminated because he was skimming profits from the smuggling in Eastport.
That interpretation has actually helped in the ongoing PSYOP to convince the locals that UNPRO
is on the side of the Orangelandian public and that Zebz is the head of a criminal gang.
Questions to consider
3. Who will suffer the most in the long run from this situation?
6. What were the factors that led to this situation? How can these
factors be mitigated?
This is a good example of moral responsibility, ethical judgment, commitment to the mission, and
retroactive action. This is also a good opportunity to discuss the human factors that led to the crime in the
first place. The peacekeeping force is human, and they are prone to emotional actions like anyone else.
In this case, however, the obvious severity of their actions and subsequent ramifications will inevitably
harm those they were sent to protect. Justice must prevail, or impunity for those who committed the crime
and those who tried to hide it will influence the behaviour of host nation security forces and parties to the
conflict. The original violation and each successive cover-up must receive the appropriate punishment or
this situation will undermine broader efforts to develop good governance and rule-of-law. The truth will
come out eventually, and each delay only compounds the original criminal act and will serve to “criminalize”
those who are covering it up.
Some of the strongest reputations are built upon individuals making the hard decisions to do what is
right when options that are easy but wrong are available. The proper action is not simply “telling the truth”,
but is also using the chance to argue publicly that, while the various violations of subordinates were wrong,
justice was implemented and that this process reflected the core values of the uniformed peacekeepers and
the UN. Even if it does not become public, the act of hiding criminal acts and misconduct will have a negative
effect on the morale and professional integrity of those military personnel who know what happened. It is
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likely that a lot of military personnel will know. Another side-effect of this situation would be to imply that
human rights violations and personal misconduct will not be disciplined by the military.
• A month later, the lieutenant went public. His conscience was bothering him, and his religious
adviser encouraged him to tell the truth.
• The military Force Commander was relieved of his UN command almost immediately and is
presently facing court martial back home for acts to the prejudice of good order and discipline.
Even if found innocent, his military career is over.
• The battalion commander has been told that he will not be receiving his promotion to Brigadier
General and may face a court martial. His country’s national media, which had praised him,
his battalion, and the nation’s military, now feel they were deceived and are starting to write
stories about how corrupt and unprofessional the military is. There are calls by the political
opposition for an independent public inquiry into how the nation’s political and military leaders
could have allowed this to happen. The platoon commander, section commander, and the four
section members are certainly going to be court martialled.
• Meanwhile, Col. Zebz is calling for compensation for the “innocent” victim, and the public seems
to be accepting his claim that UNPRO has been using “dirty” tactics for quite some time and that
it is time for UNPRO to leave.
The final point to be made is that there is increasing scrutiny of UN missions to ensure that they are
operating ethically and legally and that scrutiny applies to uniformed peacekeepers as well. The level of
human rights conduct demanded of UN personnel is rising, as clearly shown by the Secretary-General’s
Bulletin of 2003 on sexual exploitation and sexual abuse.
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End-of-Lesson Quiz »
4. Which of the following does NOT violation and look to mitigate the harm done
constitute an ethical dilemma? D. Help to ensure that they know the applicable
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LESSON 8 | UN Guidelines and Procedures on Discipline for Uniformed Peace Operations Forces
End-of-Lesson Quiz »
Answer Key »
1. A
2. C
3. D
4. C
5. D
6. B
7. A
8. A
9. D
10. B
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CP Command Post
HQ higher headquarters
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KABP knowledge-attitude-belief-practice
MC movement control
OPAC The Optional Protocol to the Convention on the Rights of the Child on
the involvement of children in armed conflict
PX post exchange
SC Security Council
SG Secretary-General
PEACE OPERATIONS TRAINING INSTITUTE
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• The United Nations Organization embodies the aspirations of all the people of the world for
peace. In this context, the United Nations Charter requires that all personnel must maintain the
highest standards of integrity and conduct.
• We will comply with the Guidelines on International Humanitarian Law for Forces Undertaking
United Nations Peacekeeping Operations and the applicable portions of the Universal Declaration
of Human Rights as the fundamental basis of our standards.
• We, as peacekeepers, represent the United Nations and are present in the country to help it
recover from the trauma of a conflict. As a result, we must consciously be prepared to accept
special constraints in our public and private lives in order to do the work and to pursue the
ideals of the United Nations Organisation.
• We will be accorded certain privileges and immunities arranged through agreements negotiated
between the United Nations and the host country solely for the purpose of discharging our
peacekeeping duties. Expectations of the world community and the local population will be high,
and our actions, behaviour, and speech will be closely monitored.
We will always:
• Understand the mandate and mission and comply with their provisions;
• Respect local customs and practices through awareness and respect for the culture, religion,
traditions, and gender issues;
• Treat the inhabitants of the host country with respect, courtesy, and consideration;
• Obey our United Nations superiors and respect the chain of command;
• Respect all other peacekeeping members of the mission regardless of status, rank, ethnic or
national origin, race, gender, or creed;
• Properly account for all money and property assigned to us as members of the mission; and
We will never:
• Bring discredit upon the United Nations, or our nations through improper personal conduct,
failure to perform our duties or abuse of our positions as peacekeepers;
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• Commit any act that could result in physical, sexual or psychological harm or suffering to
members of the local population, especially women and children;
• Become involved in sexual liaisons which could affect our impartiality, or the well-being of
others;
• Attempt to use our positions for personal advantage, to make false claims or accept benefits to
which we are not entitled.
We realise that the consequences of failure to act within these guidelines may:
Source: United Nations. Report of the Special Committee on Peacekeeping Operations and its Working
Group on the 2007 resumed session*, A/61/19 (part III), 11 June 2007. <https://conduct.unmissions.
org/sites/default/files/keydoc8.pdf>.
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Map No. 4259 Rev. 26.1 (E) UNITED NATIONS Office of Information and Communications Technology
November 2019 Geospatial Information Section
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Secretary-General’s Bulletin
Special measures for protection from sexual exploitation and
sexual abuse
The Secretary-General, for the purpose of preventing and addressing cases of
sexual exploitation and sexual abuse, and taking into consideration General
Assembly resolution 57/306 of 15 April 2003, “Investigation into sexual
exploitation of refugees by aid workers in West Africa”, promulgates the following
in consultation with Executive Heads of separately administered organs and
programmes of the United Nations:
Section 1
Definitions
For the purposes of the present bulletin, the term “sexual exploitation” means
any actual or attempted abuse of a position of vulnerability, differential power, or
trust, for sexual purposes, including, but not limited to, profiting monetarily,
socially or politically from the sexual exploitation of another. Similarly, the term
“sexual abuse” means the actual or threatened physical intrusion of a sexual nature,
whether by force or under unequal or coercive conditions.
Section 2
Scope of application
2.1 The present bulletin shall apply to all staff of the United Nations, including
staff of separately administered organs and programmes of the United Nations.
2.2 United Nations forces conducting operations under United Nations command
and control are prohibited from committing acts of sexual exploitation and sexual
abuse, and have a particular duty of care towards women and children, pursuant to
section 7 of Secretary-General’s bulletin ST/SGB/1999/13, entitled “Observance by
United Nations forces of international humanitarian law”.
2.3 Secretary-General’s bulletin ST/SGB/253, entitled “Promotion of equal
treatment of men and women in the Secretariat and prevention of sexual
harassment”, and the related administrative instruction 1 set forth policies and
procedures for handling cases of sexual harassment in the Secretariat of the United
Nations. Separately administered organs and programmes of the United Nations
have promulgated similar policies and procedures.
__________________
1 Currently ST/AI/379, entitled “Procedures for dealing with sexual harassment”.
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22 April 2004
04-31863 (E)
Further Reading
*0431863* »
To read the entire document, visit: <https://undocs.org/en/S/RES/1539(2004)>.
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Universal
Declaration of
UNITED
Preamble Human Rights NATIONS
Further Reading »
To read the entire document, visit: <https://www.un.org/en/universal-declaration-human-
rights/>.
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The End-of-Course Examination is a multiple-choice exam that is accessed from the Online
Classroom. Most exams have 50 questions. Each question gives the student four choices (A, B, C, and
D), and only one is the correct answer. The exam covers material from all lessons of the course and may
also include information found in the annexes and appendices. Video content will not be tested.
Time Limit
There is no time limit for the exam. This allows the student to read and study the questions
carefully and to consult the course text. Furthermore, if the student cannot complete the exam in one
sitting, he or she may save the exam and come back to it without being graded. The “Save” button is
located at the bottom of the exam, next to the “Submit my answers” button. Clicking on the “Submit
my answers” button will end the exam.
Passing Grade
To pass the exam, a score of 75 per cent or better is required. An electronic Certificate of Completion
will be awarded to those who have passed the exam. A score of less than 75 per cent is a failing grade,
and students who have received a failing grade will be provided with a second, alternate version of the
exam, which may also be completed without a time limit. Students who pass the second exam will be
awarded a Certificate of Completion.
• Stay connected with POTI by visiting our community page and engaging
with other students through social media and sharing photos from your
mission. Visit <www.peaceopstraining.org/community> for more. Once you
pass your exam, see your name featured on the Honour Roll as well.
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