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Paper Details
Paper Code: AIJACLAV6RP2024
Category: Research Paper
Date of Submission for First Review: May 16, 2024
Date of Publication: December 11, 2024
Citation: Manish Kumar & Tanisha Agarwal, “U.N. Peace Keeping Soldier: A Perpetrator of Gender and Human Rights Exploitation", 4, AIJACLA, 60, 60-67 (2024), <https://www.aequivic.in/post/u-n-peace-keeping-soldier-a-perpetrator-of-gender-and-human-rights-exploitation>
Author Details: Manish Kumar, Assistant Professor (Law), Amity Law School, Amity University, Patna, Bihar &
Tanisha Agarwal, Student, Indian Institute of Legal Studies, University of North Bengal, Siliguri
Abstract
U.N. Nations (U.N.) peacekeeping missions are deployed to conflict zones with the noble objective of maintaining peace and stability. However, over the years, reports have emerged highlighting instances of misconduct and exploitation perpetrated by peacekeeping soldiers, particularly concerning gender and human rights. This article delves into the complexities sur-rounding this issue, examining the factors contributing to such exploitation and its implications.
Firstly, the article elucidates the prevalence of gender-based exploitation within U.N. peacekeeping missions. Sexual exploitation and abuse involving peacekeeping personnel, which have tarnished the reputation of U.N. mis-sions and undermined the trust of local populations. The power dynamics, wherein peacekeepers, entrusted with authority and resources, may exploit vulnerable individuals, including women and children, exacerbating their already dire circumstances.
Furthermore, the article addresses the broader issue of human rights viola-tions within U.N. peacekeeping operations. The excessive use of force, arbi-trary detention, and failure to protect civilians, which contravene the prin-ciples of humanitarian law and human rights conventions.
Furthermore, the article scrutinizes U.N. institutional failures and structural deficiencies facilitating exploitation persistence. It addresses challenges in oversight, reporting, and disciplinary procedures, hindering victim redress. Additionally, it explores troop-contributing countries' complicity, stressing transparency and accountability enhancement locally and globally. In conclusion, the article advocates for comprehensive reforms within the system to address the major causes of gender and human rights exploitation. It calls for robust measures to prevent misconduct, strengthen accountability mechanisms, and prioritize the protection of vulnerable populations in conflict-affected areas so that U.N. can uphold its commitment to peace, security, and human rights, and regain the trust of the communities it serves.
Keywords
U.N. Nations, peacekeep-ing soldiers, gender ex-ploitation, human rights, accountability, conflict zones;
Introduction
There are currently disputes among States, international organizations, and other players participating in peacekeeping efforts about the protection of civilians, which has evolved as a critical justification for military and humanitarian interventions in wars. The notion of "the responsibility to protect" has come to dominate this global discourse, underscoring the need of protecting people as the main goal of peacekeeping efforts. The cornerstone text directing all U.N. endeavors is the Charter of the United Nations, which was signed in San Francisco on June 26, 1945. One of the fundamental goals of the United Nations, which was founded with the primary objective of "saving succeeding generations from the scourge of war," is to maintain international peace and security. Despite not being specifically specified in the Charter, peacekeeping has developed into one of the main instruments the U.N. uses to carry out its mission.
In general, peacekeeping involves monitoring the execution of agreed settlements and minimizing hostilities in order to foster peace. “The use of military forces to maintain a negotiated truce and facilitate a diplomatic/political resolution to a specific conflict” was the primary focus of traditional peacekeeping.[1] The foundation of peacekeeping operations is the idea that they are unbiased interventions carried out by an impartial third party with the intention of monitoring ceasefires and assisting in the implementation of peace processes. In order to help countries recover from violent conflicts or wars, they usually entail the deployment of both military and civilian people. The ultimate objective is to create an environment that is favorable to long-lasting peace. The idea of peacekeeping has changed and broadened over time to include a variety of other third-party operations. These new endeavors include military enforcement of peace agreements, humanitarian aid, and preventive diplomacy.[2]
To put it another way, the goal of international peace and conflict management has moved from maintaining the status quo through peacekeeping to managing changes brought about by violent wars and safeguarding civilian populations through peace operations.[3]
Although partners in peacekeeping are increasingly in agreement that it is their duty to protect people during peacekeeping operations, there is a difference in how humanitarian and military viewpoints understand civilian protection. The idea of civilian protection is not articulated by humanitarian organizations and agencies together.
Human rights and humanitarian communities declare that their protection role includes all actions taken to ensure that an individual's rights are fully upheld in accordance with the letter and spirit of all relevant legal frameworks, including human rights law, international humanitarian law, and refugee law.[4] The human rights and humanitarian groups have created conceptions and principles for civilian protection that are different from the military's primary focus on territorial defense. When it comes to their unique tasks in protecting people, soldiers and civilians deployed in peacekeeping missions may become confused as a result of this disconnect.
2. PREVALENCE OF MILITARY CULTURE AND THE GRAVE EXPLOITATION OF CIVILIANS BY PEACEKEEPING SOLDIERS
Stories of male "warriors" and masculinity abound in the annals of militarism and conflict. During World War II, the United States and Great Britain propagated the theory that men’s sex drives are heightened when they fight, and that this phenomenon may be upset by the presence of female warriors. They argued that “male sexual aggression in the military will be contained in a system of regulated brothels.” Extreme sexual behaviour is thought to have been tolerated in the military because of its male ethos. Military observers have a common assumption that "soldiering" entails a lot of “War, Wine, and Women.”[5]
High sexual consumption is sometimes an associated feature of militarised manliness. Peacekeeping soldiers attract sex workers because of the acknowledged relationship between themselves and women. It is often considered acceptable among peacekeeping soldiers to patronise commercial sex workers. This is an unfortunate ‘outcome of a militarised masculinity where military culture, insensitive to gender equality and rights or deprecatory to women in general, allows men to violate women in ways that would never be accepted in mainstream society’.[6] The traditional role of peacekeeping has evolved due to increased interplay between peacekeepers and the local population. Unfortunately, this interaction has led some peacekeepers to abuse their power, turning from protectors to predators. This shift is particularly troubling in situations where the local population is vulnerable and in need of protection. The dynamics of human interaction in such contexts can reinforce perpetrators' motives and increase the vulnerability of civilians. Consequently, behaviours like exchanging food for sexual favours or forming 'temporary' relationships with local women have become common among peacekeepers. Engaging in forced or transactional sex, even if seemingly consensual, is a clear exploitation of the local population and a violation of the peacekeepers' duty to protect them. This issue is especially concerning as peacekeeping forces are typically deployed in environments of high insecurity and instability. While they are mandated with the prevention of violence against civilians during conflicts,[7] Sometimes, peacekeeping soldiers are discovered to be engaged in committing similar or related crimes or offences against those people who are under their protection. Many of these soldiers fail to comprehend the nature and extent of their operations, treating their interactions with the civilians of the host community as routine. However, the environment and conditions of these operations are anything but normal. This lack of understanding about the challenges faced by the local population meant to be protected by them has contributed to undisciplined behaviour, including civilian torture, sexual violence, summary killings, economic exploitation, and a disregard for the norms of the host community.
3. PEACEKEEPING SOLDIERS AS A PERPETRATOR OF EXPLOITATION
In 2004, stories of the alleged involvement in rape and “survival sex” with women and children began to emerge. The U.N. is investigating one case which involves a French logistics employee videotaped himself torturing and abusing naked girls.[8] According to reports, some peacekeepers enticed girls as young as 10 years old to engage in sexual activity in exchange for a dollar, a few eggs, a cup of milk, or peanut butter.[9] According to certain accounts, girls were sexually assaulted by militias and left for dead by their families, who, in a state of desperation, exchanged sex for food or tiny amounts of cash with the peacekeepers.[10] One article described a fourteen year-old girl named Yvette who is called the “one-dollar girl” or the kidogousharati, “little prostitute,” in her community in Bunia because that is what she charges U.N. peacekeepers for sex, in order to earn her meagre livelihood for survival.[11]
When Yvette went to a women's organization for coU.N.selling after being raped by a militiman when she was ten years old, she was told that even though she had done nothing wrong, no man would want to marry her because she was no longer a virgin. Yvette expressed her sadness over having sex with the peacekeepers. However, required the money. The militants prevent me from going farming. Who is going to feed on me? It occurs at the camp sometimes, and in U.N. cars other times. At least they compensated us, though. Well, I was useless anyhow. I had lost my honour.”[12] A militiaman also raped Francine, a friend of Yvette, when she went into a field to gather food, and now she, too, engages in sex with peacekeepers. Francine is sixteen years old, and she described an incident where she had negotiated to have sex with one Moroccan peacekeeper but then five other Moroccan peacekeepers raped her. Francine said, “I feel bad about what I did. I don’t want to go through that again.”[13] Other instances where this U.N. peacekeeping Soldiers acted as a Perpetrator are:
3.1. PREVALENCE OF SEXUAL ABUSE AND EXPLOITATION OF THE VULNERABLE GROUPS VIZ., WOMEN AND CHILDREN IN THE DEMOCRATIC REPUBLIC OF THE CONGO (DRC)
The Democratic Republic of Congo (DRC) is rich in minerals[14] and has a vast tropical rainforest that is home to several endangered animal species.[15] Before Colonel Joseph Mobutu overthrew the Belgian government in a coup in 1965 and renamed the nation Zaire, Congo endured nearly a century of Belgian colonial rule.[16] The DRC was known as Zaire from 1965 Until 1997.[17]
U.S. literary readers first encountered the country in Joseph Conrad's Heart of Darkness and then again in the 1998 book The Poisonwood Bible.[18] Since 1998, the Democratic Republic of the Congo (DRC) has been devastated by a complicated war that involves the territorial ambitions of neighbouring African nations including Angola, Namibia, Rwanda, Uganda, and Zimbabwe, as well as the ambitions of internal rebel forces.[19]
The United Nations Mission in the Democratic Republic of the Congo was established in 1999 when the United Nations Security Council (UNSC) approved the deployment of peacekeeping troops there.[20] The majority of peacekeepers seem to carry out their tasks professionally, and some have even lost their lives while on the job. However, other people's acts resulted in a wave of newspaper stories in 2004 and 2005 detailing cases of torture, rape, fathering "peacekeeper babies" and their subsequent abandonment, and the pornographic filming of women and children in the Democratic Republic of the Congo.[21] The concerning results were documented in a report issued in March 2005 by the United Nations Office of Internal Services, which sparked a wave of criticism and reform.[22]
In the U.N. States, members of the 109th Congress responded by introducing bills in March 2005 addressing peacekeeper abuse of vulnerable groups viz., women and children, urging that the U.N. suspend payment of peacekeeping funds and the U.S. withhold military assistance to countries where there is the presence of evidence of abuse and a failure to investigate and punish the conduct.[23] The International Criminal Court (ICC), at the request of the DRC, has begun an inquiry and investigation of atrocity crimes committed during the course of the war. DRC being a party to the Rome Statute creating the ICC, the court exercises jurisdiction over genocide, war crimes, and crimes against humanity committed after July 1, 2002, when the temporary jurisdiction of the ICC went into effect.[24] This is noteworthy, that the court lacks jurisdiction to investigate and prosecute crimes occurring before July 1, 2002, so that most of the crimes committed at the time of the war would not fall within the temporary jurisdiction of the court.
The peacekeeper abuse scandal could not come at a worse time for the U.N. Nations. In the past year it suffered blows such as Oil for Food debacle, allegations of sexual harassment against the head of the U.N. Nations High Commission for Refugees, and calls from conservative senators in the U.N. States Congress for U.N. Nations Secretary General Kofi Annan to resign.[25]
3.2. SEXUAL EXPLOITATION AND ABUSE DURING PEACEKEEPING OPERATION IN AFRICA
These peacekeeping soldiers' disorderly behavior puts African villagers in crisis situations at more risk of injury than protection. These actions frequently lead to the
phenomenon known as "peace babies," in which women become pregnant and are left fatherless when the peacekeeping mission is over. This occasionally leads to paternity disputes within the host society. In addition to the challenge of providing for these children, women must deal with the societal stigma that arises from their dual status.
In situations like this, vulnerable sections of the civilian population such as women, young girls and children are left more insecure and troubled than when the peacekeeping soldiers first met them. It is ironical that the same persons mandated to protect the civilian population are often the very people who undermine the rights and security of civilians. Vulnerable segments of the civilian population, including women, young girls, and children, are left feeling more frightened and agitated than when the peacekeeping personnel first encountered them in circumstances such as these. It is paradoxical that those tasked with safeguarding the general public are frequently the ones undermining their security and liberties.
Official and unofficial reports of offensive and exploitative conduct against civilians during numerous peacekeeping missions in Africa exist, although they are unreported. These incidents bring to light the difficulties faced, such as those that occurred during the protracted armed conflict in Liberia when peacekeeping soldiers from the U.N. Observer Mission in Liberia and the ECOWAS Ceasefire Monitoring and Observer Group physically or sexually abused between 60% and 70% of women in mission areas.
In a similar vein, the Democratic Republic of Congo received multiple reports of sexual exploitation cases involving U.N. troops between 2004 and 2006. The United Nations forces in Somalia, Mozambique, Cote, d'Ivoire, and other Nations have also been accused raping civilian women and encouraging illicit sex industries in these regions. The collapse of law and order, the socio-economic system, and cultural standards are frequently features of the peacekeeping environment, which makes it easy for civilians to be exploited by peacekeeping troops. When these mechanisms are absent or ineffective during and after a conflict, citizens are left with little to no protection from peacekeeper exploitation.
Families are split apart by violent war, which also causes social displacement, economic misery, a lack of essential amenities, and physical insecurity among civilians, making them more susceptible to abuse in all its forms. In such situations, it may be considered a method of surviving in the hot community to form romantic connections or have sex with peacekeeping forces in exchange for food, cash, housing, and safety for oneself, one's family, and friends.
Furthermore, women and children are disproportionately impacted by wars in Africa and are especially vulnerable to them when peacekeeping efforts are underway. Many youngsters are forced to live outside of their homes in makeshift shelters or on the streets as a result of conflict and the aftermath of it. Similar to this, those who engage in forced and transactional sex often target camps for refugees and internally displaced people, which frequently shelter sizable numbers of orphaned youngsters.
Additionally, peacekeeping soldiers typically earn considerably more money than the local civilian population, creating a socio-economic imbalance that allows them to afford whatever they want in the host community. This power differential, both physical and monetary, between peacekeeping soldiers and the host community, is a significant contributing factor to the vulnerability of civilians to abuse and sexual exploitation during peacekeeping operations in Africa.
Top of Form
4. NEED OF EFFECTIVE CIVILIAN PROTECTION ON DURING PEACEKEEPING OPERATIONS
The legal foundation for protecting civilians involves bolstering international humanitarian and human rights laws globally. This requires a shift from advocacy to concrete action and accountability to ensure effective civilian protection. Sexual violence perpetrated against the vulnerable groups viz., women and children should be recognized as a war crime and a crime against humanity.
Establishing a normative and operational standard for civilian protection in peacekeeping missions is crucial. Organizations involved in peacekeeping must invest resources to hold mission leaders and senior officials accountable for protecting civilians. Senior officers and commanders should be responsible for creating environments that minimize misconduct, and they should be legally accountable for their soldiers' actions. Troop-contributing countries should ensure their contingents are trained to respect host society laws, and soldiers who commit human rights or criminal offenses should be prosecuted.
Exploiting and abusing vulnerable populations, such as women, girls, and children affected by conflict, not only abuses power but also undermines the integrity and professionalism of the entire peacekeeping mission. To address this, on-site court-martialling of perpetrators should be introduced to improve enforcement. Troop-contributing countries should be held responsible for their contingents' actions.
Civilian protection extends beyond physical safety to encompass broader security needs and human rights, including emotional and social aspects. Peacekeeping soldiers often focus narrowly on physical protection, while humanitarian actors take a more holistic approach. A comprehensive view of civilian protection should integrate physical safety with livelihoods and human rights, addressing basic human needs for dignity, justice, and belongingness.
Pre-deployment training and continuous education should be provided to peacekeeping soldiers, along with recreational facilities, access to welfare officers, and staff counsellors to reduce the risk of sexual abuse and exploitation. Increasing the participation of women in peacekeeping operations could also deter sexual exploitation by diminishing the 'herd instinct' among male peacekeepers.
Security, livelihoods, and human rights are interconnected aspects of civilian protection. Host communities, especially war victims, should receive legal aid, counselling, medical, and psycho-social support during peacekeeping operations. A comprehensive approach to protection and clear strategies are essential to effectively protect civilians, uphold human rights, and maintain peacekeepers' symbolic role as defenders of dignity and security.
5. CONCLUSION
Protecting civilians effectively remains a significant challenge for governments and peacekeeping institutions in Africa. Peacekeeping operations, which are meant to safeguard the civilian population, have unfortunately become associated with exploitation arising from the actions of some peacekeeping soldiers. The vulnerable conditions created by conflict and post-conflict situations make the civilian population easy targets for exploitation and abuse. The lack of economic opportunities, particularly for women and girls, leads to the proliferation of prostitution and child abuse during peacekeeping operations. Poverty and exposure to violence often force women to engage in transactional sex for basic needs and survival.
The problem is exacerbated by the unequal power dynamics between peacekeeping soldiers and the local population. A traditional masculine military culture that lacks sensitivity to gender equality and rights further worsens the situation. Consequently, the credibility of peace operations has been called into question, and the integrity of troop-contributing countries and institutions has been compromised.
The exploitation of civilians by peacekeeping soldiers is a complex social issue during peacekeeping operations, involving a spectrum of behaviours from consensual relationships to coercion and rape. This predatory behaviour has had detrimental effects on African societal values, the local economy, corruption levels, and criminal activities such as human trafficking. It has also contributed to the spread of HIV/AIDS and led to a rise in prostitution and teenage pregnancies.
In many cases, these actions have damaged the reputation of peacekeeping institutions and intensified local resentment toward peacekeepers. Addressing civilian abuse and exploitation by peacekeeping soldiers requires a comprehensive, multi-faceted approach that involves collaboration among all stakeholders, including the local community, to ensure effective civilian protection during peacekeeping operations.
6. RECOMMENDATIONS
The U.N. Nations and troop-contributing nations should adopt a comprehensive approach to prevent further abuse and ensure accountability for those responsible. This includes regular training and re-training of peacekeepers on codes of conduct, the prohibition against sexual abuse and exploitation, and other relevant human rights laws. The constitution and establishment of an independent body staffed by experts on sexual abuse and exploitation of women and children, to whom victims can report complaints, should be a priority.
To prevent peacekeepers accused of abuse from leaving a host nation during investigations, the U.N. should implement a monitoring system to check for outstanding allegations before repatriation. Status of Forces agreements should include provisions for investigating and prosecuting allegations of peacekeeper abuse, with repercussions for troop-contributing nations that fail to do so, potentially leading to exclusion from future peacekeeping contributions.
While these measures may reduce the total number of available peacekeepers, they are crucial for improving the U.N.'s reputation and effectiveness in preventing abuse. The U.N. must also address sexism within its ranks by actively recruiting and promoting qualified women, especially at senior levels, in peacekeeping operations and across the organization.
Furthermore, the U.N. should explore the root causes of women and girls engaging in survival sex with peacekeepers in post-conflict nations. Allocating a portion of peacekeeping funds to improve the quality of life for local communities, including education, food distribution, and HIV/AIDS training, could help mitigate these issues and leave a positive impact when peacekeepers depart.
[1] Williams, R., ‘Practical Challenges to South African Peace Operations’ (2016) IDP <http://www.iss.co.za/pubs/Books/pKvol1/7Williams.pdf> accessed 29 April 2023
[2] Liebenberg I., Malan M., et. al., ‘South African Public Attitudes on Participation in Peacekeeping: Personal Issues and Labour Relations in the Military’ (2019) 6(6) pp. 3–19 ASR
[3] Espen, Barth ‘The IDD Course: From a Peace Building Perspective’ (Norwegian International Defence Centre, 19 – 24 January)
[4] ICRC ‘Protection for Human Rights and Humanitarian Organisations: Doing Something about it and Doing it Well’ (Geneva, 18–20 January, 2019)
[5] Goldstein, Joshua, ‘War and Gender: How Gender Shapes the War System and Vice Versa’ (2021) CUP <http://www.warandgender.com/wggensex.htm> accessed 29 April 2023
[6] Fanny, Ruden and Mats, et. al., ‘Sexual Exploitation and Abuse by Peacekeeping Operations in Contemporary Africa’ (2019) 2(2), pp. 1 – 4 Policy Notes
[7] Refugee International, ‘Last Line of Defence: How peacekeepers can Better Protect Civilians’ (2022) <http://www.refugeeinternational.org/policy/in-depth-report/last-line-defence> accessed 26 March 2023
[8] Emily Wax, ‘Congo’s Desperate One-Dollar U.N. Girls’ (WASH. POST, 21 March, 2021, at A1)
[9] Lacey, Colum Lynch, ‘U.N. Envoy to Resign in Wake of Sex Scandal’ (WASH. POST, 2 March, 2021, at A 14)
[10] Wax, supra note 9.
[11] Id.
[12] Id.
[13] Id.
[14] Emily Wax, ‘In Congo, Peace Eludes Its U.N. Keepers’ (WASH. POST, 28 March, 2015, at A12)
[15] United States Agency for International Development (“USAID”), USAID Congo: Welcome <http://www.usaid.gov/locations/sub-saharan_africa/coU.N.tries/drcongo/> accessed 19 April, 2023
[16] Zaire in Pictures (Lerner Geography Dept. ed. 1992) 30-38
[17] Id
[18] Barbara Kingsolver, The Poisonwood Bible 2018
[19] Uncharted Waters, supra note 5
[20] Marc Lacey, ‘Militia Fighters Kill [Nine] U.N. Peacekeepers in Congo as Instability Continues’ (N.Y. TIMES, 26 February, 2015, at A6)
[21] Elisabeth Rehn & Ellen Johnson Sirleaf, ‘Women, War and Peace: The Independent Experts’ Assessment on the Impact of Armed Conflict on Women and Women’s Role in Peace-Building (2022) 71 UNIFEM <http://www.parliament.gov.za/pls/portal30/docs/folder/parliamentary_informatin/publications/uifem/index.htm> accessed on 30 July, 2023
[22] Report on Abuse, supra note 12
[23] Protection of Vulnerable Populations During Humanitarian Emergencies Act 2005, s 559, 109th Cong. s 305 (2005); Women and Children in Crisis and Conflict Protection Act 2005, H.R. 1413, 109th Cong. s 305 (2005)
[24] Uncharted Waters, supra note 5
[25] ‘Love at Second Sight’ Economist (1 April 2019)