Sexual exploitation and abuse in United Nations peace keeping operations in Africa and accountability of the United Nation
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Date
2018-05
Authors
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Publisher
Kampala International University
Abstract
This study was delved from the fact that during the past few years a series of heinous human rights violations in form of acts of sexual exploitation and abuse (SEA) have been committed in states and territories where the United Nations has deployed Peacekeeping operations. The acts were perpetrated inter alia by military members of national peacekeeping contingents whilst assigned to a UN peacekeeping unit. The above human rights violations create legal and political implications to future peacekeeping operations if not addressed.
The study employed doctrinal legal research method. The major sources of data for this study included UN reports, statutes, cases, treaties and judgements. Data analysis was done by manual coding, categorization and grouping of similar themes.
The study found that the UN and its peacekeeping operations are bound by the UN Charter, International Human Rights Law, and International Humanitarian Law. Furthermore, the study found that UN Human Rights abuses included; Sexual Exploitation and Abuses, cruel, inhumane and degrading treatment and punishment. It further found that the UN is accountable to the UN Charter, ECHR, ICJ, IHRL, UDHR, and IHL.
The study concluded the Human Rights Legal Framework governing the UN peacekeeping operations are too weak to hold the UN accountable to any human rights violations. The study recommended that the application of both the IHRL and IHL should be carried out in a complementary and mutually reinforcing manner. Doing so would prevent gaps in protection and could facilitate a dialogue with the parties to the conflict concerning the extent of their legal obligations. The study further recommended that it is essential that senior UN management do not appear apathetic towards misconduct: not only must they combat SEA through visible action and implementation of strategies, but they must enforce the UN codes of conduct by disciplining those who are guilty of breaching them.
Description
A dissertation submitted to the school of Law in partial fulfillment of the requirements for the award of a degree of Master of Laws of Kampala International University.
Keywords
United Nations, Sexual Exploitation, Africa, Peace Keeping, Law, Human Rights