Tangle of rules has UN struggling with weight of sex abuse charges

New York (dpa) - To many, the United Nations is the world's largest force for international justice and gender equality.

So what happens when it has to cope with allegations of sexual harassment in its ranks, forcing it to deal with charges that are not only antithetical to its principles, but require attention in multiple jurisdictions, sometimes complicated by diplomatic immunity?

In an expose published by the Guardian newspaper, dozens of UN employees working in more than 10 countries put forward allegations ranging from sexual harassment to assault to rape.

Victims spoke to the newspaper on condition of anonymity. This is not the first sex abuse scandal to hit the UN.

One of Secretary General Antonio Guterres' flagship reforms since taking over a year ago aims to tackle sexual abuse and exploitation under the UN flag.

It was prompted by revelations of widespread allegations of rape and abuse of minors by UN peacekeepers.

But, while Guterres was scrambling to put in place procedures to tackle the peacekeeping scandal he inherited, the #MeToo movement was brewing across the United States, and the world.

In an echo of Hollywood actresses who stayed quiet because they feared being blacklisted or had signed non-disclosure agreements, the accusers in the Guardian report said they did not want to be identified, partly out of fear of retaliation and due to rules which stop them from speaking publicly.

"No one believes that the UN is different from any other organization - public or private - that has seen sexual harassment," Guterres’ spokesman, Stephane Dujarric, said in response to the reports in the Guardian.

If allegations lead to a criminal investigation, it is up to the host country to prosecute. The UN will cooperate with the host country to make sure those people are held to account, said Dujarric.

Paula Donovan is a co-director of AIDS-Free World’s Code Blue Campaign, an advocacy group which has highlighted allegations of sexual abuse by UN peacekeepers.

Donovan, who has also been approached by UN staff who say they have been sexually harassed, believes the UN is in a league of its own.

"I think it's much worse in the UN," she told dpa.

First, many employees rely on the UN for work visas and fear speaking up could cost them their job and their right to reside in the country.

Secondly there is a lack of clarity about who is entitled to diplomatic immunity and when, meaning some people do not report assaults by co-workers or superiors working for the UN because they believe they won't be held criminally liable due to the legal exemption, Donovan says.

She believes the "mishmash of rules and regulations and standards and practices and rights and entitlements" across the UN is undermining mechanisms to deal with sexual harassment and assault.

The United Nations employs 44,000 staff in a broad network of agencies reaching into all corners of the world.

It has four headquarters: in New York, Geneva, Vienna and Nairobi.

The UN's management chief, Jan Beagle, who has been appointed to chair a sexual harassment task force, wrote in a letter to the Guardian that UN staff accused of crimes do not enjoy diplomatic immunity in such cases.

But operating in different countries complicates matters as cultural differences define what is considered acceptable and unacceptable behaviour in a work setting.

UN staff are also subject to different laws on sexual harassment and assault in different parts of the world.

Of the 193 UN member countries, 68 have no legal protections for women against sexual harassment in the workplace whatsoever, according to the World Policy Center at the UCLA Fielding School of Public Health.

This is what makes a coherent investigation mechanism across the UN system so important, argues Rachel Vogelstein, the director for women and foreign policy at the Council on Foreign Relations.

"While diplomatic immunity can help UN officials avoid charges in national courts, it does not protect them from being fired for violating UN policies," Vogelstein told dpa by email.

"Many advocates have called for improvements in the UN’s ability to review cases and terminate the employment of perpetrators," she said.

The UN is making moves to tackle the issue of sexual harassment by distributing a staff survey to determine the extent of the problem, and setting up a helpline to offer advice, UN spokesman Dujarric said.

Guterres has a "zero-tolerance policy" on sexual harassment, his spokesman said, adding that a bulletin was already distributed to staff several years ago outlining what is considered harassment and how to deal with it, "but these processes can always be strengthened and always need to be strengthened."

"The message from the top is that behaviour will not be tolerated, that people will be made to be held to account and that people should not fear coming forward," Dujarric said.

The question is whether that message will make it to everyone on the UN payroll.

Published by dpa International (January 25, 2018)