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PSEA - Protection from Sexual Exploitation and Abuse by our own staff
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To whom does the SGB apply?

The SGB applies to:
- All internationally‐recruited and locally‐recruited

UN staff, including staff of separately administered organs, funds and programmes of the United Nations;

- All categories of UN peacekeeping personnel (see General Assembly Resolution 59/300 of 22 June 2005), including military members of national contingents, experts on mission, including police officers, corrections officers and military observers, and members of national formed police units;

- Personnel or employees of non‐United Nations entities or individuals that have entered into a cooperative arrangement with the UN, including interns, JPOs, international and local consultants, and corporate and individual contractors, including day labourers; and

- United Nations Volunteers.

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“Sexual exploitation and abuse is a problem that exists primarily in the Democratic Republic of Congo. It is not likely to happen in my duty station.”
Sexual exploitation and abuse, in a variety of different forms, have been found to exist to a greater or lesser extent in all duty stations. Regardless of your perceptions of the problem in your duty station or the likelihood of it occurring, all UN personnel and partners have an obligation to create and maintain an environment that prevents sexual exploitation and abuse and to uphold the standards of conduct. Close
Aren’t the rules on sexual exploitation and abuse an intrusion into my private life? Isn’t what I do in the privacy of my own home, or outside of office hours, my own business?
When you are serving with the UN, you are a representative of the Organization during your free time as well as during your working day. You do not have the same freedoms in your “private life” as you do when you are in your home country or working for another organization. You accept this when you accept the job. You are held to a very high and very strict standard of conduct because your behaviour, both professional and personal, is always associated with and reflects on the image of the Organization. Close
Are UN personnel expected to be celibate for the entire time they are on mission?
No, you are not expected to be celibate. However, working with the UN is not a “normal” job. Not everyone is suited for it. You are not completely prohibited from having sexual relations at your duty station, but they must not violate the SGB, i.e. they must not be exploitative or abusive as defined in the SGB. Close
We wish to respect the rules regarding sexual exploitation and abuse, but mission life is often lonely and not always easy. We are targeted by prostitutes and constantly solicited by them. What is the UN doing to protect me from this constant harassment?
Once again, working with the UN in some areas can be a very difficult occupation and it is not for everyone. You must have a great deal of personal discipline. You will be subject to a wide variety of dangerous, frustrating and awkward situations, including desperate people soliciting you to violate the UN standard of conduct. Your response is to continue to say no. Close
Why doesn’t the UN simply prohibit sexual relationships for mission staff?
The UN is not concerned with preventing sexual relationships but with preventing abuse, particularly of vulnerable populations. As long as a sexual relationship does not violate the SGB (or other UN policies), it is allowed. Close
If someone is in the field for a long time, it’s not fair to prevent them from having sex.
The SGB does not prevent people from having sexual relations. It prohibits UN personnel and partners from engaging in acts that are sexually exploitative or abusive (as defined in the SGB). These rules are in place to prevent people from being harmed. It is not a question of fairness. Close
Why should we have to follow UN rules when the laws of the country say something different? Shouldn’t the UN respect local customs?
The SGB sets out the standards of behaviour expected of UN personnel and partners and forms part of our contractual obligations. The UN should respect local customs. Having an additional set of standards does not mean that the UN does not respect local laws and customs, it simply means it has adopted an additional higher standard and requires its staff to behave in a particular way. The two are not contradictory. Close
Is the SGB implying that everyone in the host country is vulnerable? Isn’t this insulting?

No. The SGB does not imply that everyone in the host country is vulnerable. The SGB is concerned with the behaviour of UN personnel and partners and prohibits them from engaging in sexual exploitation and abuse with anyone. Sexual exploitation includes abusing a position of vulnerability for sexual purposes. The SGB acknowledges that we frequently work amongst vulnerable populations and that there may be an inherently unequal power dynamic between staff and beneficiaries of assistance. If there is any risk that a sexual act might constitute exploitation or abuse, it is better to err on the side of caution.

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Does sexual exploitation and abuse apply to staff members?

Sexual exploitation and abuse can be committed against UN personnel and personnel of partner agencies, as well as members of the community. The definitions are concerned with the behaviour of UN personnel and partners and not with the person against whom the act is committed. In addition to the SGB, a number of UN entities and partners have a policy regarding workplace harassment dealing with harassing, abusive behaviour at the workplace. Any act that constitutes sexual exploitation, sexual abuse or sexual harassment is serious misconduct and should be reported. The person reporting does not have to specify which category applies; they just need to report the relevant information.

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Do sexual exploitation and sexual abuse constitute serious misconduct?

Yes. Sexual exploitation and sexual abuse are considered acts of serious misconduct (SGB, section 3.2(a)) and constitute a basis on which:
- All staff members, whether internationally or locally recruited, may be summarily dismissed by the Secretary‐General (staff regulation 10.2 and ST/AI/371 (Revised disciplinary measures and procedures), paragraph 9(c)).
- A military member of a national contingent, an expert on mission (including police officers, corrections officers and military observers), a member of a national formed police unit or a United Nations Volunteer may be repatriated.
- A cooperative arrangement with a non‐United Nations entity or individual, including contractual arrangements with an intern, international or local consultant, or individual or corporate contractor, may be terminated.

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Can I have sexual relations with a national from the host country?

Yes, as long as it is not exploitative or abusive and in violation of the SGB.

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So no sex with prostitutes and no sex with under 18 year olds – then is it OK to have sex with a national who does not fall under the previous categories and she/he consents?

The focus is not on the individual or whether there is consent, but on the nature of the relationship. If the relationship is an abuse of a position of vulnerability, differential power or trust for sexual purposes, it is sexual exploitation and is prohibited. UN personnel are often in a position of considerable power over the local population. UN personnel have money, food and shelter whereas the local population might often be very vulnerable and not always have easy access to these essentials. Because of the risk of abuse of power, sexual relationships between UN personnel and the local population are strongly discouraged.

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How can I know if the person I am having sex with is over 18 or not?

That is your responsibility. People lie and even have false birth certificates or identity documents. If you are not sure, don’t do it.
If you have sexual relations with a person under 18 years old, it may not only be a violation of the SGB, but is a criminal act as well.

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Are there any exceptions to the prohibition on sexual activity with children?

No, there are no exceptions. Sexual activity with persons under the age of 18, regardless of the age of majority or age of consent locally is prohibited (section 3.2(b) of the SGB). Mistaken belief in the age of the child does not constitute a defence.

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What does it mean to “strongly discourage” sexual relationships with beneficiaries of assistance?

Sexual relationships between United Nations staff or UN‐related personnel and beneficiaries of assistance are “strongly discouraged” (SGB, section 3.2(d)). Sexual relationships between UN staff and beneficiaries of assistance are strongly discouraged because they are likely to be based on inherently unequal power dynamics. Where a UN peacekeeping operation has a mandate to serve the population at large, “beneficiaries of assistance”
Sexual Exploitation and Abuse should be broadly interpreted to cover the local population.
However, the focus should be on whether the relationship is an abuse of a position of vulnerability, differential power or trust for sexual purposes. Because of the risk of sexual exploitation occurring, relationships between UN staff and beneficiaries are strongly discouraged. The SGB does not impose a blanket prohibition on such relationships but any relationship that is sexually exploitative or sexually abusive is prohibited by the SGB. The determination of whether a relationship with a beneficiary of assistance is sexually exploitative or sexually abusive is made by the employing organization on a case‐by‐ case basis.
The standards in the SGB are minimum standards of behaviour. If there is any doubt, the relationship should not be entered into. UN personnel are expected to uphold the highest standards of conduct. Even the perception of sexual exploitation and abuse can result in damage to the credibility of the individual and the Organization.

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I am a national staff member in a country where the legal age of consent for sexual activity is lower than 18 years of age. Do the UN standards apply to me?

Yes. The UN standards of conduct still apply to you. There is one standard of conduct for UN personnel regardless of what country or culture they are from and regardless of the country or culture in which they are serving. The SGB is the minimum standard of conduct, irrespective of local laws. When you agree to work for the UN, you agree to abide by its standards of conduct.

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I am a national contractor working for the mission. Do the UN standards of conduct apply to me?

Yes. Under the SGB, the UN should receive a written undertaking from all contractors that they agree to abide by the standards. In case of breach of these contractual conditions, the contract may be terminated.

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What is wrong with having sex with a prostitute if the person is an adult and fully consents to it? I’m not harming anyone and in my home country/culture as well as the mission country/culture, prostitution is legal and using the services of prostitutes is accepted.

There is one standard of conduct for UN personnel regardless of what country or culture they are from and regardless of the country or culture in which they are serving. The SGB is the minimum standard of conduct, irrespective of local laws. When you accept an assignment with the UN, you accept to abide by its standards of conduct. The UN is held to a high standard of conduct. Furthermore, prostitution in war‐ravaged societies, developing countries and in countries hosting a peacekeeping mission frequently involves extremely vulnerable women and children, including persons who have been trafficked for sexual exploitation. In most communities, the vast majority of women in prostitution don’t want to be there. Few seek it out or choose it, and most are desperate to leave it. The lack of economic options for women in vulnerable circumstances may result in prostitution and exploitative sex being one of the few avenues they have for obtaining money to meet basic needs.

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Prostitution with an adult is a victimless crime. Why is the UN interfering with consensual sex between adults?

Prostitution is not a victimless crime. On the contrary, it is well documented that prostitution is inherently harmful and dehumanizing, and in certain communities may fuel trafficking in persons, a form of modern‐day slavery. The vast majority of women in prostitution don’t want to be there. Few seek it out or choose it, and most are desperate to leave it. Field research in nine countries concluded that 60‐75 % of women in prostitution were raped and 70‐95 % were physically assaulted. A recent study has revealed high rates of post‐traumatic stress disorder (PTSD) in prostitutes stemming from physical and sexual assault.
The study included male and female prostitutes aged from 12 to 61 who worked on the street and in brothels in Africa, Thailand, Turkey and the United States. In the study, the measure of PTSD severity of prostitutes was higher than that of Vietnam War veterans.

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Is it possible to enforce a prohibition on sexual activity with prostitutes? Is it realistic to have such strict rules on sexual conduct? How will the UN be able to enforce them?

Strictly upholding the UN standards of conduct is both realistic and necessary, including the prohibition against sex with prostitutes. Standards of conduct are now being applied, investigations are being stepped up and many colleagues involved in sexual exploitation and abuse are facing disciplinary action, including repatriation, and, where appropriate, also criminal action.

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Is the solicitation of a prostitute also a violation of the Secretary‐General’s Bulletin?

Yes, the definition of sexual exploitation refers to actual or attempted abuse and thus includes solicitation.

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When are staff members and UN‐related personnel obliged to report sexual exploitation or sexual abuse?

Always. Staff members and UN‐related personnel are obliged to report concerns or suspicions regarding sexual exploitation or abuse to the appropriate office within their organization or to the United Nations Office of Internal Oversight Services (OIOS). It is for the appropriate UN authorities, and not the individual, to investigate and confirm those concerns or suspicions.

However, reports should be made in good faith. The submission of allegations with knowledge of their falsity constitutes misconduct. Persons who report allegations that subsequently prove to be untrue will not face repercussions where the reports were made in good faith.

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Can people complain anonymously?

Yes. Not all complainants may be willing to reveal their identity. This does not necessarily have any bearing on the truth of the complaint but may be an indication of fear of reprisal. Anonymous complaints should be treated just as seriously as complaints where the identity is known. Because of the reporting obligation, the substance of the allegation should still be reported through the proper channels, along with the identification of the alleged perpetrator, if known. The wish for anonymity only applies to the complainant and not to the subject of the complaint. The SGB addresses staff behaviour and preventing sexual exploitation and abuse. If a staff member is named in the complaint, this information should always be reported.

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What if I report a rumour of sexual exploitation that is revealed to be false?

Under the SGB, all staff are required to report their concerns and suspicions regarding sexual exploitation and abuse. All reports should be made in good faith. If you have made a report in good faith which turns out to be false, you will not face repercussions. If you submitted an allegation with knowledge of its falsity, you will be subject to disciplinary consequences.
Rumours must be taken seriously. If left unchecked, rumours may damage the individual(s) concerned and the mission. Rumours can serve as early warning of a greater problem. All rumours must therefore be reported and investigated. However, you should not conduct any investigations or try and find out more information; your obligation is only to report your suspicions or concerns.

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What is the difference between sexual harassment and sexual exploitation and sexual abuse?

In the UN Secretariat, ST/SGB/2008/5 (Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority) defines “sexual harassment” as any unwelcome sexual advance, request for sexual favour, verbal or physical conduct
or gesture of a sexual nature, or any other behaviour of a sexual nature that might reasonably be expected or be perceived to cause offence or humiliation to another, when such conduct interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive work environment. Similar definitions exist in the UN Funds and Programmes.
The SGB on sexual exploitation and sexual abuse defines the term “sexual exploitation” as 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. It defines the term “sexual abuse” as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.
There is often confusion about whether a particular action or conduct would constitute sexual harassment, sexual exploitation or sexual abuse. Sexual harassment is associated with the workplace. Not all sexual harassment involves an abuse of a position of vulnerability, differential power or trust or the actual or threatened physical intrusion of a sexual nature. If it does, it also constitutes sexual exploitation or sexual abuse. Sexual harassment and sexual exploitation and abuse are all considered serious misconduct. All three should be reported. The person reporting does not have to specify which category the conduct falls into.

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What does zero‐tolerance mean?

Zero‐tolerance means that the culture of impunity and complacency toward sexual exploitation and abuse is no longer tolerated. Zero‐tolerance for impunity means that active measures are being introduced to prevent sexual exploitation and abuse and appropriate disciplinary action will be taken against all persons who are found to have violated the UN standards of conduct.

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You talk about zero tolerance for sexual exploitation and abuse, but we know that nothing happens to people who violate the SGB.

People have been sanctioned for violating the standards of conduct on sexual exploitation and abuse. UN staff have been summarily dismissed, UNVs have had their contracts terminated and uniformed personnel have been repatriated and faced disciplinary measures instituted by their own states. Commanders have also been sent home for failing to take preventative action in relation to troops under their command. We still have a lot to do to eradicate the problem and the UN is currently improving the system for receiving and investigating complaints and ensuring appropriate action against everyone who is found to have violated the standards.

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Why does the UN provide condoms in peacekeeping missions and at the same time tell us not to have sex?

The UN does not tell you to not have sex; the SGB tells you that it is prohibited to have sex in an abusive, exploitative context. The UN supplies condoms so that, in a sexual relationship under equal conditions, you and your partner can prevent the transmission of HIV. That means that the availability of condoms is a health and safety issue and not a license for sexual abuse. Condoms are made available to all peacekeeping personnel – international and national staff and uniformed personnel – to prevent the transmission of HIV.

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What is the victim assistance strategy?

On 21 December 2007, the General Assembly adopted the “United Nations Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by United Nations Staff and Related Personnel” (A/RES/62/214). The strategy gives the United Nations an initial 2‐year mandate to help victims to access the services they need as a result of the sexual exploitation or abuse. These services may include medical treatment, counseling, legal assistance, social support, or material care such as that which is needed for victim protection.
In addition, the strategy commits the UN to helping children born as a result of sexual exploitation and abuse to access needed assistance.

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How would victim assistance work under the strategy?

The intention of the strategy is to have one victim assistance programme in each country serving all victims of UN staff and related personnel, so that care remains consistent regardless of the agency associated with the perpetrator. In order to provide the assistance established under the strategy, “victim support facilitators” would facilitate victims’ access to services on the ground, whether by way of referrals or a greater helping hand. In most contexts, personnel of implementing partners will serve as “victim support facilitators.”

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Does the victim assistance strategy provide for financial compensation to victims?

No. UN Member States have not authorized direct UN‐supported financial compensation for victims.

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Why is the victim assistance strategy important?

Responding adequately to the needs of victims is a moral imperative given that, were it not for the UN’s presence, the abuse or exploitation would most likely not have occurred. It also restores the reputation of the UN as an organization that acts responsibly towards the communities it serves.

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