United Nations Peacekeepers: Examining Resolution 2436, Accountability, And Implications For Women Of Color

United Nations Peacekeepers: Examining Resolution 2436, Accountability, And Implications For Women Of Color

Lalissie E. and Caroline M.

Introduction

The United Nations (UN) set up the peacekeeping program as their way to protect civilians, de-escalate conflicts, and play an active role in revitalizing security in nation-states (United Nations, 2019). The UN even uplifts peacekeepers as their “largest and most visible representation” (United Nations, 2019). Yet, the praise the UN gives to peacekeepers contradicts the sexual abuse and exploitation cases, highlighted in the news over the years. VICE News reports that in the last 20 years, around 1,800 sexual abuse cases were reported against staff and peacekeepers. While the UN highlights the program’s benefits, it is impossible to overlook the emotional, psychological, and financial issues peacekeepers have caused (Wheeler, 2020). Peacekeepers abuse their power by taking advantage of civilians’ trust and vulnerability, such as withholding the supplies they need in exchange for sex (known as sexual exploitation), the same supplies that peacekeepers were given to help civilians initially (VICE News, 2021). Some rapes have even led to impregnating civilians who are left to struggle raising the child without any assistance (Wheeler, 2020).

The UN’s “largest and most visible representation” is tearing down the UN’s humanitarian reputation from within. They are tasked to be a nonviolent leader in the peacebuilding process, promote human rights, and, most importantly, protect the people (Felter and Renwick, 2021). As peacekeepers curate a violent, sexually exploitative environment, they are repainting the UN’s golden image with one that lacks integrity and ethics (Felter and Renwick, 2021).

Reasons To Oppose Resolution 2436 1. Universalizing women & lack of meaningful representation 2. Low standards for accountability & peacekeeper immunity

Background

Resolution 2436 was originally adopted on September 21, 2018, during the UN Security Council’s 8360th meeting. It was created in response to “ serious and continuous” sexual abuse and exploitation allegations against UN peacekeepers (United Nations Security Council, 2018). Resolution 2436 is the most recent in a line of related Security Council Resolutions relevant to sexual abuse and exploitation, with Resolution 2272 (2016) covering only peacekeeper sexual abuse, and the General Assembly having adopted at least four similar resolutions as early as 2003 (Code Blue, n.d.). In December 2019, to commemorate one year since 2436’s adoption, the UN held an event to highlight the resolution’s successes and evaluate shortcomings

(EuropaNewswire, 2019). The United States, alongside other member states, heavily emphasized accountability, increased performance reporting, and implementing the resolution to its full potential (United States Mission to the United Nations, 2019). The resolution remains a work in progress and is supplemented by numerous Secretary General reports, the most recent from February 2022 (United Nations Secretary General, 2022).

1. Universalizing women & lack of meaningful representation Article 7 notes the UN’s responsibility for protecting women and children and valuing the personnel dedicated to protecting those groups (United Nations, 2018). Nowhere in the resolution does the UN address the variety of cultures they come across in their work. Nor does the importance of implementing strategies that reflect individual communities/regions’ values. For example, “ region A” may prefer an accountability strategy that involves only community leaders while “ region B” may prefer more involvement from the federal level. This “ one size fits all” approach surely does not fit all.

Lumping women and “ women’s issues” under the same umbrella with only one solution in mind is not new in the international affairs field. Tickner and Sjoberg highlight how postcolonial feminists, such as Chandra Mohanty, have commented on how universalizing women is harmful. This is typically done to non-white women, assuming the concerns and issues of white western women are the same as theirs. By choosing to not acknowledge how other factors and identities (ie: social economic standing) impact women differently, agency is stripped from women of color (Tickner and Sjoberg, 2013). Their struggles nor solutions are identical and should not be treated as such.

For example, take the goal: “Victims will get a chance to take the perpetrator to court” . While this is a great goal, justice systems vary across the globe as well as access to those systems. Take a step back and ask: “How will we make courts accessible for victims?” A praised example are the mobile military and civilian courts in the Democratic Republic of Congo (DRC). These courts collaborate with legal clinics and the clinic and court staff are Congolese (Askin, 2016). By not leaving this up to foreign appointees, it ensures that more sensible decisions will be made (ideally). However, it would be wrong to frame this model as perfect. Despite the good it has done, it has its fair share of unsuccessful trials; also, resources and reparations for victims are limited (Cengel, 2016). Overall, the DRC is heading in the right direction by making courts more accessible in urban regions, but they still have a lot of more work to do.

The UN does not only struggle to break away from ethnocentric universalism, but also places the bulk of the work upon women. Throughout the resolution, such as Article 19, the UN pushes to place more women in “ all aspects of peacekeeping, ” building upon the 2015 Resolution 2242 to recruit more women for their military and police units (United Nations, 2018). Yes, representation is important and is influential. Yet, representation should not be desired simply for mere presence, but what does having representation mean for brainstorming solutions? How does it influence policy? How does it encourage tangible change?

The UN should not assume that the presence of women in staff and troops will improve the quality of their missions. Hernandez argues that placing the responsibility to create a “ civilized” environment for missions onto women peacekeepers allows men to never take accountability for their actions, are not pushed to improve themselves, or contribute to a healthy work environment. The UN’s gendered approach complicates the issue further and leaves women—including women peacekeeping staff—at a disadvantage (Hernandez, 2020).

When deciding how to properly protect civilians from perpetrators in their peacekeeping staff, the UN needs to change their approach. First, fully researching the region’s culture and values to incorporate it into the planning process. This informs what the customs are, who are the leaders, and the inequalities that will impact what kind of resources and support survivors will need. Second, setting up proper representation that will carry weight in the solution process, when holding trials against peacekeepers, and when fixing policies related to sexual assault within the UN. Mixing leaders from predominantly western states will not solve anything. Bring in the community leaders and the survivors into the space. Have women of color who range in backgrounds, expertise, class, etc. The end result needs to reflect the needs and wants of those who are most vulnerable.

2. Low standards for accountability & peacekeeper immunity

Resolution 2436 holds a cursory understanding of accountability UN peacekeepers who sexually abuse and exploit people. In Article 16, the resolution encourages that all troop-contributing countries “ conduct investigations of allegations of sexual exploitation and abuse by their personnel and take appropriate steps to hold accountable those responsible” (United Nations Security Council, 2018). This line is particularly problematic as it leaves justice measures to peacekeepers’ respective countries and offers no oversight or accountability on the part of the UN. Also important to note is the fact that UN peacekeepers are offered immunity in the countries they are deployed in, providing perpetrators even more of an outlet from any potential prosecution, a phenomenon already rare when trials in home countries do occur (Felter and Renwick, 2021).

In the last 20 years, an estimated 1,800 sexual abuse cases have been reported against UN peacekeepers and staff, a number likely lower than the actual total due to the extent to which sexual abuse and exploitation go underreported (VICE News, 2021). The UN’s choice to uphold immunity for peacekeepers in the countries they are deployed in empowers the unfortunate idea that any abuse suffered will continue with impunity, forwarding the cycle of underreporting and lack of justice for victims. Article 16’s shortcomings also reinforce already severe gender inequalities, as the lack of a trial can normalize abuse, cause women to not view their abuse as “ real crimes'' worthy of reporting, and teach victims to believe that any abuse endured will not be answered with accountability for the perpetrator (Ordway, 2018).

While the actual methodology of prosecuting peacekeepers is an issue in itself, it is difficult to address the nuances of sexual abuse trials when the process of simply bringing peacekeepers to court is left to the will of individual countries. The top contributors of military and police troops in 2021 were Bangladesh, Rwanda, and Ethiopia, all developing countries with likely inadequate legal systems that are unlikely to burden themselves with trying peacekeepers (McCarthy, 2021). When accountability is left up to peacekeepers’ home countries, as Article 16 outlines, this inhibits the ability of victims to receive justice and marks Resolution 2436 with a substantial weak spot. Security Council resolutions are also unbinding, meaning that while member states can be incentivized to abide by resolutions via international pressure or a desire to be viewed positively on the world’s stage, there is no formal oversight or legal repercussions if countries do not carry out the articles they signed on to. With this in mind, even if peacekeepers’ home countries have agreed to hold trials as signatories of Resolution 2436, there is zero enforcement and little incentive for them to do so.

To remedy this, the UN should remove peacekeeper immunity and allow victims’ home countries to prosecute deployed peacekeepers. Troop-contributing countries should be compelled to consent to this change given that it allows home countries to share the responsibility of holding trials with the countries where peacekeepers are deployed. Removing immunity would offer an increased opportunity for victims to receive justice and provide peacekeepers with a stronger deterrent from committing such crimes. Further, the UN must implement some form of oversight and enforcement, as leaving trials to individual countries is ineffective. Independent of the International Court of Justice and International Criminal Court, the UN should implement stronger monitoring and evaluation of peacekeepers and ensure that any trials overseen or pursued have legal professionals informed on gender justice.

Conclusion

In conclusion, a review of Resolution 2436, alongside peacekeepers’ history of sexual abuse and exploitation, offers many opportunities for revision and reflection. Accountability is a necessary step to ending peacekeepers’ crimes; however, when this process is left to peacekeepers' home countries, this leaves a highly unlikely chance of any recognition of wrongdoing. The UN has no formal oversight or direct process to ensure that home countries are carrying out trials, normalizing violence against women in already fragile countries and offering low standards for justice despite a human-rights driven mission. In considering the implications of allowing women of color to experience abuse at the hands of an international institution, it should be recognized that this sets a harmful standard for the rest of the world, signaling that women of color in conflict affected areas are not deserving of justice or accountability.

Additionally, their gendered approach to addressing the issue through representation of women in uniform hasn’t brought much improvement for two reasons. First, it universalizes women’s concerns under a singular solution, ignoring women of color’s individual identities and obstacles. It shouldn’t be assumed that non-white women will suddenly feel more seen and

protected with more women in uniform. Hernandez notes that women peacekeepers believe the communities they work in “ see uniform first and uniform second” rather than women before the uniform. No matter who is wearing it, the uniform represents the UN, a large, well-known international institution with a long history of sexual abuse and exploitation and being able to get away with it (Hernandez, 2020). So the representation becomes meaningless and root causes are left unaddressed. Second, it encourages the idea that women will naturally solve the problem. Then the work to improve is taken off of the backs of men (and the UN) so they never have to face actual accountability. Power dynamics stay the same and communities aren’t any safer. The UN needs to tailor their resolutions to the power dynamics at hand instead of using women as their bandaid to repair the UN’s good samaritan image.

References

Askin, Kelly.

“Global: Ending Impunity for Crimes Committed by UN Peacekeepers. ” International Bar Association, International Bar Association, 11 Mar. 2016, www.ibanet.org/article/CEBC5F69-A238-49BB-B85A-5E8D878FE485. Accessed 13 July 2021.

Cengel, Katya.

“DRC: Mobile Courts Deliver Justice to Remote Areas. ” Al Jazeera, Al Jazeera Media Network, 26 Sept. 2016, www.aljazeera.com/features/2016/9/26/drc-mobile-courts-deliver-justice-to-remote-are as. Accessed 13 May 2022.

Code Blue.

“UN Documents — Code Blue:. ” Code Blue Campaign, http://www.codebluecampaign.com/un-docs. Accessed 13 May 2022.

Europa Newswire.

“Improving Peacekeeping Performance Meeting at United Nations. ” Europa Newswire, 7 December 2019, https://europanewswire.com/improving-peacekeeping-performance-meeting-at-united-n ations-amp/. Accessed 13 May 2022.

Felter, Claire, and Danielle Renwick.

“The Role of Peacekeeping in Africa. ” Council on Foreign Relations, Council on Foreign Relations, 5 Oct. 2021, www.cfr.org/backgrounder/role-peacekeeping-africa. Accessed 12 May 2022.

Hernandez, Brianna Nicole.

“Sexual Abuse in UN Peacekeeping: The Problem of Viewing Women as a “Quick Fix. ”” E-International Relations, E-International Relations, 20 Feb. 2020, www.e-ir.info/2020/02/20/sexual-abuse-in-un-peacekeeping-the-problem-of-viewing-wo men-as-a-quick-fix/. Accessed 23 Apr. 2021.

McCarthy, Niall.

“The Biggest Contributors To UN Peacekeeping Missions. ” Forbes, 28 May 2021, https://www.forbes.com/sites/niallmccarthy/2021/05/28/the-biggest-contributors-to-un -peacekeeping-missions-infographic/?sh=41a300e22ca7. Accessed 13 May 2022.

Ordway, Denise.

“Why many sexual assault survivors may not come forward for years. ” The Journalist's Resource, 5 October 2018, https://journalistsresource.org/health/sexual-assault-report-why-research/. Accessed 13 May 2022.

"Security Council Stresses Need to Improve Behaviour, Leadership, Accountability in Peacekeeping, Unanimously Adopting Resolution 2436 (2018). " United Nations, 21 Sept. 2018, https://www.un.org/press/en/2018/sc13518.doc.htm. Press Release.

Tickner, Ann J. and Sojoberg, Laura.

"Feminism. " International Relations Theories: Discipline and Diversity, edited by Timothy Dunne, et al., 3rd ed., Oxford University Press, 2013, pp. 205-222.

United Nations. “Secretary-General's Reports | Preventing Sexual Exploitation and Abuse. ” United

Nations, https://www.un.org/preventing-sexual-exploitation-and-abuse/content/secretary-general s-reports. Accessed 13 May 2022.

United Nations.

“What We Do. ” United Nations, United Nations, 2019, peacekeeping.un.org/en/what-we-do. Accessed 12 May 2022.

United States Mission to the United Nations.

“Remarks at a High-Level Event on Improving Peacekeeping Performance: One Year since UNSCR 2436. ” United States Mission to the United Nations, 6 December 2019,

https://usun.usmission.gov/remarks-at-a-high-level-event-on-improving-peacekeeping-performa nce-one-year-since-unscr-2436/. Accessed 13 May 2022.

United Nations Security Council. “Resolution 2436 (2018). ” Security Council Report, 21

September 2018, https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF 96FF9%7D/s_ res_ 2436.pdf. Accessed 13 May 2022.

Warikoo, Natasha.

“The Role of Peacekeeping Missions in Africa. ” Council on Foreign Relations, 5 Octover 2021, https://www.cfr.org/backgrounder/role-peacekeeping-africa. Accessed 13 May 2022.

Wheeler, Skye.

“UN Peacekeeping Has a Sexual Abuse Problem. ” Human Rights Watch, Human Rights Watch, 11 Jan. 2020, www.hrw.org/news/2020/01/11/un-peacekeeping-has-sexual-abuse-problem#. Accessed 12 May 2022.

"Why the UN Has a Sexual Abuse Problem | System Error. " YouTube, uploaded by VICE News, 26 April 2021, https://youtu.be/BxVUpGCeyu0