Reports of Sexual Assault at the United Nations

In the past month, GAP has been approached by three separate whistleblowers who have raised concerns about sexual assaults involving United Nations employees as victims, witnesses and perpetrators. (Similar disclosures have also surfaced on the website Wikileaks, as described in a separate blog entry). Although the specifics of these confidential cases vary, the similarities suggest that the United Nations may have a systemic problem in how it handles this serious physical crime.

In each case, concerns were raised about the failure of the UN’s applicable internal investigative body – in most cases the Office of Internal Oversight Services (OIOS) – to adequately investigate: a) sexual assault by a UN employee against another employee, b) sexual assault of a refugee by a UN worker, and/or c) retaliation against the person who either reported an assault or challenged the organization’s handling of it. Concerns have also been raised by these (and other) whistleblowers about the failure of OIOS to disclose investigation reports to complainants. Best practices in whistleblower protection require that such investigative reports be provided to the whistleblower in order to protect their due process rights. Moreover, in cases of assault – and particularly in rape cases – scrupulous observance of the victim’s human and civil rights is the first step in restoring a sense of physical integrity.

Ongoing delays in the reform of the UN internal justice system have dramatically curtailed the ability of these whistleblowers to challenge OIOS procedures in cases of criminal assault. But even if an OIOS investigation report and/or the reformed formal justice system vindicate the complainants, those responsible for sexual abuse may not be held accountable. According to a Secretary-General Bulletin regarding Special Measures for Protection from Sexual Exploitation and Sexual Abuse, “if, after proper investigation there is evidence to support allegations of sexual exploitation or sexual abuse, these cases may, upon consultation with the Office of Legal Affairs, be referred to national authorities for criminal prosecution.” (emphasis added) Leaving the prosecution of a violent crime to the discretion of any individual fundamentally violates the principle of the rule of law.  It is an appalling lapse, and is especially inexplicable in an institution charged with articulating and defending human rights.

In reference to officials and experts on mission, a review of OIOS states:

…[W]ith respect to criminal accountability, although the Secretary-General may waive the immunity of Organization peacekeeping personnel involved in certain instances, waiver of immunity does not typically apply to SEA (sexual exploitation and abuse) cases since the criminal offense is likely to not have been committed in the performance of the official duties of the official or an ‘expert on mission,’ i.e., the status granted to members of the civilian police and military observers... Thus, in cases where immunity does not apply, if evidence of the crime is sufficiently substantiated, the judicial authorities of the host country may assume jurisdiction over the case. However, should the host country decide to close the case and forego follow-up investigation or prosecution, the Organization has no forms of recourse or sanction. (p. 71)

Although sexual assault cases are outside GAP’s normal purview, we are deeply concerned about the apparent failure of the United Nations to adequately protect the rights of assault victims employed by the UN or subjected to abuse at the hands of UN employees, peacekeepers or contractors. Quite simply, the prosecution of those who have sexually assaulted anyone is the unquestionable responsibility of the justice system with jurisdiction if it is to be recognized as legitimate. Investigation and prosecution of violent crimes is not optional.

-- Shelley Walden

Comments

[Axel]

2/27/2009 blog comment reply

What do you expect from the United Nations that has seemingly willfully, deliberately and intentionally allowed the Illegal Iraq war, Torture, seemingly dishonest deceptive legal and/or illegal Secrecy (and seemingly many other allegations) for this/these recent decade and/or decades.

As there is an intended National Whistleblower Assembly in you area, I am attaching a recent blog comment reply from a recent 2/26/2009 Congressional Oversight Committee Hearing.

Good luck and best wishes in your continuing efforts and endeavors.

Thank you for your time and consideration.

Sincerely,
Axel

Well, I continue to appreciate POGO and Mr. Amey's efforts towards 'Oversight and Accountability' although I found this brief hearing to be along the same 'Pack of Lies', nonsense and deceptive, dishonest and/or disingenuous as all the topics of this Hearing could and would be presumed to be expected to be easily satisfied and corrected from an initial application from an entry level Clerical and/or Office Assistant US Government Employee and/or with the attention of anyone, including a private Company Employee, Journalist or a concerned Public Citizen ecetra.

No mention of the many well known Major Contractors and their many Subsidiaries and subsidiary companies, Global Subsidiaries and Companies and Offshore Etcetra and/or legal/illegal secrecy companies and institutions etcetra. No mention of almost all of the yearly and where applicable seemingly deliberate and intentional fraud, waste abuse and mis-management of tens or hundreds of billions of dollars yearly and for a decade or decades from our US Government that also go seemingly lost and/or unaccounted.

Unfortunately, also and seemingly important is that the unity expression from this Committee Hearing appears to be seemingly dishonest, sad and/or disgusting as these are the same people that voted against and/or voted to approve this seemingly, another Stimulus Bill without the US constitutional Bill of Rights mandate False Claims Act 'FEDERAL EMPLOYEE WHISTLEBLOWER PROTECTION RESTORATION ENHANCEMENT ACT'.

As POGO and I presume GAP and the NWC know, I have tried to assist for a almost decade in their Whistleblower legislation efforts as especially noted Mr. Stephen Kohn used my name and case files #02-3254 (#00-3446) in his NWC Testimony with Mr. Devine from GAP in the US Senate Ethics Committee on Good Government (now incorporated as part of Homeland Security) with the same presiding Chair Persons of US Senators Lieberman and Collins S1358 'FEDERAL EMPLOYEE WHISTLEBLOWER PROTECTION ACT'.

As I presume there is apparently a National Whistleblower Assembly in your Washington, DC area next month (and as I will probably continue to be unrecognized) I will attache a few frustrated, impromptu exasperations to this POGO Article.

Good luck and best wishes in your continued endeavors.

Thank you for your time and consideration.

Sincerely,
Axel

On local television yesterday evening in southern California I partially observed a news story, possibly Orange County, that showed to my view Law Enforcement Officers had petty theft suspects, male and a female that appeared as mentioned to have been chased in a vehicle by vehicles from a petty theft incident at a local convenience store and where stopped with a pit maneuver. I noticed the incident with a (male) suspect on the ground, completely subdued and then an additional Law Enforcement Officer went to a crouch and then to his knees while administrating three of four, I presume extremely lethal full body arm with fist leveraged blows to the head of the face down subdued suspect. In my view, these seemingly lethal blows where as or more egregious and lethally intended than the Rodney King incident and would in no way be allowed in the seemingly lethal 'Ultimate Fighting' television exhibitions. The recent few television news story broadcasts today do not show this part of this incident and Law enforcement states that they dragged this suspect from the vehicle as he was observerd stabbing himself and as was also the female suspect.

Please note that yesterday on television was noted several seemingly adamant mentions from President Obama to include we do not torture. Please note that all the filings from the US Executive Branch Attorney General Eric Holder and in all US Court proceedings over the recent several weeks have been stated to be identical to the former President Bush to especially include Secrecy, Illegal Secrecy, Torture, Illegal torture etcetra and to have been fully vetted by at least our US Executive Branch of Government, and presumably all Executive, Legislative and Judicial Leadership. Also to my knowledge Congressional Leader Judicial Committee John Conyers has failed to state and write a letter to Attorney General Eric Holder as to why an arrest warrent has not been issued fro the arrest of Mr. Karl Rove and/or his Representative for his and/or their numerous and recent Subpoenas and failure to appear contempt Subpoenas from his recent 2/24?/2009 Congressional Subpoena Hearing.

Please note: In an effort to only keep within a certain view and more harsh than I would prefer view, and not excluding other concerns although including(derivatives, futures, Company Stock Options, Public Company Share Underwriting, 10+ years of seemingly and/or to some extent a negligent suppression of seemingly relevant evidence and/or allegations of fraud, waste, abuse and/or mis-management from US Treasury, FDIC, IRS?, Rating Agencies etcetra and many other Insurers and Agency's, Governmental and non-Governmental and off shore Financing etcetra, repeal of Glass Stegal, Gramm/Billings Act, 2000 Commodity Futures Act, Commodity Currencies etcetra) that there is NO!! 'Oversight and Accountability' within this, another seemingly corrupt so-called bail-out Stimulus Bill and my continued allegations that these are the seemingly to some extent same 'pack of lies' and/or seemingly same corrupt, despotic, deranged, dishonest and/or disingenuous with the same people, policies and/or principles in our US Executive, Legislative and Judicial Branches of our Democratic Government and that has not yet abolished the enactment of the Death Penalty and also (torture, illegal rendition, has not allowed for illegal war discussions, there has been seemingly no progression in the John Conyers '8/2008 'Executive Powers and its Limitations and Abuses Hearing' and Impeachment endeavors illegal secrecy etcetra both Internationally and Domestically and in our US Prisons and so-called Mental Health Institutions etcetra and as mentioned in part in the President Obama Transition Team request BriefingBook.gov blog comment Education replies for Whistleblower Advocacy) and in my view the deliberate, intentional and willful subversion and if not seemingly viable for a Executive, Legislative and/or Judicial investigation,review and/or resignation and/or impeachment with the removal of the 'Federal Employee Whistleblower Protection Restoration Enhancement Act and/or for all.

Additionally please note: As it may serve an additional view that without the 'Federal Employee Whistleblower Protection Restoration Enhancement Act' and presuming just one US Government Executive, Legislative and/or Judicial Leader or anyone else (including our news media) decided to TRY!! 'TO TELL THE TRUTH' for themselves and/or there office(s) and to request to allow for 'FORGIVENESS' AND/OR 'PENANCE' they have and as we have seemingly and/or presumably seen for the recent decades alone no where to go, no Federal Employee Whistleblower Protection!! for the US Federal Employee Executive, Legislative or Judicial leader and/or their Office as they have no allocation to the US Government without the complete reinstatement of Habeas Corpus, False Claims Act and hopefully the minimal and immediate implementation of the full and complete 'Federal Employee Whistleblower Protection Restoration Enhancement Act' for all.

As I have not re-read and/or proof read this blog comment reply, I would like to assume that I could allow for corrections, clarifications and/or any reasonable assistance towards and needed and/or necessary corrections.

I write this blog comment reply in response to this Article, and where applicable towards a more proper and forthright Transparency 'Oversight and Accountability' and within the many decades of efforts and endeavors towards the 'Federal Employee Whistleblower Protection Restoration Enhancement Act and for all.

Also in my view I believe that the exclusion of the Platts//Van Hollins HR985 "Federal Employee Whistleblower Protection Restoration Enhancement Act' was and is a violation of our US Constitution Bill of Rights and therefore I thought it would be appropriate to express a view for more 'Oversight and Accountability' for review and consideration within this seemingly concern(s) and/or allegation(s) and/or summation(s).

Also, I am appalled to the extent that the perceived implication presumed to be that you must go to college and/or enlist in the US Military and go to college or you are a traitor to your country. Clear and unmistakable exemption mention the young, elderly, the poor and less fortunate, the housewife mothers, the Trade Schools Careers, the disabled etcetra. Also, please note that there are an abundance of good people in our great country and that of the world that are in beneficial fields of employment and/or livelihoods and are the very foundation and backstop of our 'We the People' great countries and without college degrees that are within the Arts (Motion Picture and Television ecetra), Jewelry, Care Givers, Drivers, Volunteers, Vocational (peace corp, etcetra I presume), Chef's, Waitresses, Hostesses, Food Service, Restaurant and Hotel Workers etcetra, many and/or most all Union Workers, Building Contractors, Pilots, Railroad Conductors, Fisherman, Farmers, Ranchers, Laborers, Clerical( for Data, Financial, Legal, Doctors, Billing, Receptionist, Office Assistant(s) etcetra and the Enlisted and Formerly Drafted Enlisted Personnel in our US Armed Forces and many others.

Please note that I further and I unfortunately possibly suspect and/or concerned that an interpretation of anti-whistleblower, anti-'Federal Employee Whistleblower Protection Restoration Enhancement Act' and basically with the emphasis of the (well known) 'Shoot the Messenger' are suspect to implications and/or suspect retalitory implications are within this direct Presidential comment(s) with if I remember corrrectly (resounding applause) to our US Executive, Legislative and Judicial Representatives on 2/2009 and with the the DELIBERATE AND INTENTIONAL suspicious removal of the HR985, (S1358) Platts//Van Hollins 'FEDERAL EMPLOYEE WHISTLEBLOWER PROTECTION RESTORATION ENHANCEMENT ACT.

Please note that I also highly agree to any reasonable reference that good use of a hopefully proper and forthright College Education is hopefully a substantial benefit to all.

Is it now that 'We the People' are now Declared traitors to our US Constitutional, Bill of Rights Country if we do not have college education????!!!!!!!!!!!!!

Also, this morning on television I found it heinously deceptive that former Clinton Aide Diane Sawyer knowingly agreed with her presumably expert guest that the Judicial ' Show the Deed Document' was only a delay tactic. Clearly and unmistakeably the effort to produce this document would allow for the necessary TRANSPARENCY, 'OVERSIGHT AND ACCOUNTABILITY' that 'We the People' are seemingly requesting.

I have mentioned the immediate halt to the enactment of the Death Penalty, Torture and other abuses, illegal secrecy, rendition and illegal Declaration of War(s) etcetra.

Also, as assistance for review and consideration many be for applications within many Government and Private Agency's and Entities to include reinstatement of Glass Stegal, and the abolishment of the secret unregulated, unaccountable and unreasonable applications etcetra within these Agency's and/or Private Entities and to include Derivatives markets, futures, financials, company stock options, good faith and credit insurance and bond markets and for the US Government to immediately and in the interim for the foreseeable future of presumably a decade allow for a complete up to 1 million Dollars per individual to backstop re-insure insure at no additional or any cost all major reasonable FDIC, SPIC Bank and Money Markets Accounts. Also as a review for consideration would be a 200 Billion allocation directly to Federal, State, County and City Governments to create 22.2 Million jobs at $9.00 an hour. Also, to immediately review and consider to provide a backstop so that no one physically present in our Great Country is without reasonable access to food, shelter, clothing and medical care.

Thank you GAP for allowing me to post this lengthy blog comment reply response. I hope GAP will allow me to provide any modifications, corrections and/or retractions as appropriate, necessary and applicable for the best interest of and for all.

I presume GAP has my contact information.

Please note that it is not my intent offend anyone and should my blog comment reply Article be offensive to your readers, please allow me to request that my/this blog comment reply be removed for your website.

Thank you for your time and consideration.