12. Conduct of International Staff: Professionalism and Teamwork “OSCE officials shall conduct themselves at the highest personal and professional level at all times, while on duty and off duty, in order to successfully represent the OSCE. OSCE officials shall not act in a manner which is likely to bring discredit to the Secretariat, Institution or Mission to which they are assigned, to its staff and to the OSCE in general. They shall comply with the principles, norms and commitments of the OSCE and adhere to the mandate of their respective Institution or Mission in performing their duties.” 1 OSCE Code of Conduct “Gender mainstreaming in peacekeeping operations is necessary if our interventions are to be relevant, effective and responsive to women, men, girls and boys in the host countries we serve.” 2 Jean-Marie Guéhenno, Under-Secretary-General for peacekeeping operations “Mainstreaming gender perspectives into peacekeeping policies and activities goes beyond awareness-raising and special activities targeted at women. Gender mainstreaming must ensure that the contributions, needs and priorities of all stakeholders – women and men, boys and girls – are taken into account in the planning and implementation of peacekeeping 1 OSCE Code of Conduct, Appendix 1 to the OSCE Staff Regulations and Staff Rules, Permanent Council Decision 550/Corr.1, 27 June 2003. 2 Gender Policy Statement March 2005, www.un.org/Depts/dpko/gender/p3.pdf. operations, and that they can all influence, participate and benefit equally.” 3 2003 Report of the UN Secretary-General (See Diagram 27) The OSCE working environment policy states that “The OSCE is committed to providing a professional working environment in which all OSCE staff or mission members are treated equally and with respect….(and) Heads of Mission shall ensure that this directive is brought to the attention of all OSCE staff or mission members and observed by them.” An international organization is judged not only by what it achieves in host countries but also by the way it looks and by the behaviour of its international staff. The work of the OSCE in respect of human rights and international standards cannot be separated from the way staff members observe these rights. Any discussion about the efficiency of an organization ultimately touches on the image of the organization. And for that reason, every effort has to be made within the organization to reflect the values that are promoted in the host societies. The Moscow Document states that the participating States "recognize that the full development of society and the welfare of all its members require equal opportunity for full and equal participation of men and women…(and) encourage measures effectively to ensure full economic opportunity for women, including non-discriminatory employment policies… and measures to facilitate combining employment with family responsibilities… 4 ". The Istanbul Charter states: "we are committed to making equality between men and women an integral part of our policies, both at the level of our States and within the Organization." The foundation has thus been laid. Now these words must be given substance and the policy has to be implemented. Ensuring equal treatment and equal opportunities in the workplace is not just politically correct, it is an obligation based on international commitments and standards. The link between women’s representation within an organization and the organization’s impact in its operations is a recognized fact. The UN Security Council resolution 1325 of 31 October 2000 concludes as follows: - “The UN Security Council urges the [Secretary General] to seek to expand the role and contribution of women in UN field-based operations, and especially among military observers, civilian police, human rights and humanitarian personnel.” On this occasion Kofi Annan said: "We know that conflict resolution, peacekeeping and peace-building call for creative and flexible approaches. In all these areas, we have seen examples of women playing an important role…and yet the potential contribution of women to peace and security remains severely undervalued. Women are still grossly under-represented at the decision-making level, 3 Gender Mainstreaming in Peacekeeping Activities, Report of the UN Secretary-General, adopted by the General Assembly at its Fifty-seventh session, 13 February 2003, A/57/731, paragraph 21. 4 Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, 3 October 1991, (40). 12. Conduct of International Staff Page 2 from conflict prevention to conflict resolution to post-conflict reconciliation. We are here today because we are determined to change that…" Equal participation of women in an organization and equal treatment of all staff has to be combined with exemplary conduct by staff members at all times. In response to allegations that international staff members have been involved in illegal activities, including the trafficking in human beings, the OSCE has modified its Code of Conduct. This makes any affiliation with persons suspected of being involved in activities that violate national or international law or accepted human rights standards a breach of regulations subject to disciplinary measures. In addition, OSCE participating States have decided to take further action in combating trafficking and to encourage the adoption of instruments similar to the OSCE code of conduct among other international organizations, in a joint effort to streamline international responses to trafficking. The OSCE's approach is to use the international presence to investigate and counter illegal activities, rather than tolerating a situation where this presence is apparently an incentive to criminal activities. International staff members are sent to field missions to help with reconstruction and to support peace. It is unacceptable that their presence should lead to an increase in human rights violations or that they themselves should tolerate or engage in illegal activities in the legal vacuum which is often characteristic of post-conflict situations. RELEVANT NORMS * OSCE "More women should be involved in the daily work of [OSCE] Missions". 5 "We will take into account the need for... gender balance when recruiting personnel to OSCE institutions and field operations." 6 "Recruitment to field operations must ensure that qualified personnel are made available by participating States. The training of personnel is an important aspect of enhancing the effectiveness of the OSCE and its field operations and will therefore be improved." 7 “OSCE Officials at all levels are expected to observe a high standard of professional and private conduct, including courteous and respectful behaviour towards their colleagues. Every OSCE Official shares the responsibility for ensuring a positive working environment. Supervisors, in particular, bear the responsibility to intervene when problems occur and to ensure that any 5 6 7 St. Petersburg Declaration, paragraph 113. Istanbul Declaration, paragraph 33. OSCE Charter for European Security, paragraph 39. 12. Conduct of International Staff Page 3 complaints of harassment, sexual harassment or discrimination are dealt with quickly, consistently and fairly…. The OSCE shall not tolerate any behaviour that constitutes harassment, sexual harassment or discrimination. Any OSCE Official alleged of violating this policy regarding harassment, sexual harassment or discrimination as defined herein, shall be subject to disciplinary action in accordance with Article IX of the Staff Regulations and Staff Rules.” 8 “OSCE officials shall be aware that the use of the services of a person suspected of being a victim of trafficking contributes both to the profit of traffickers and the harm to victims. OSCE officials shall adopt exemplary standards of personal behaviour to ensure the OSCE is contributing to combating trafficking in human beings, and is not exacerbating the problem. OSCE officials shall be accountable to their respective national authorities, and when appropriate to local authorities, for any illegal activities inciting this criminal trade or behaving in contravention of the above mentioned standards.” 9 “OSCE officials shall recognize and respect the inherent dignity of each individual and shall refrain from any behaviour which could harm a person physically or psychologically. OSCE officials shall promote an environment that prevents trafficking in human beings including sexual exploitation through the adoption of high moral and ethical standards and the demonstration of these standards to others. OSCE officials shall not engage in any activity that promotes trafficking in human beings including sexual exploitation.” 10 The OSCE Ministerial Council “calls on participating States to improve, where necessary, measures to prevent military and civilian personnel deployed abroad to peacekeeping forces or other international missions, as well as OSCE officials, from engaging in trafficking in human beings or exploiting victims of trafficking. In this regard, the participating States will seek to ensure that their national laws, regulations, and other relevant documents can be enforced with respect to their nationals who are serving on peacekeeping forces or other international missions, with a view to ensuring the highest standards of conduct and accountability.” 11 The 2004 OSCE Action Plan for the Promotion of Gender Equality requires, inter alia, “specific training programmes for OSCE staff on gender awareness and sensitization to gender equality in their daily work, …. a professional and gendersensitive management culture and working environment”, and to “increase the number of women working in the OSCE at senior levels.” 12 In the 2003 OSCE Action Plan to Combat Trafficking in Human Beings the participating States are called upon to take “practicable measures to ensure that OSCE mission members who are behaving in breach of the OSCE Code of 8 Professional Working Environment, Policy against Harassment, Sexual Harassment and Discrimination, Staff Instruction No. 21/2006, 1 March 2006, paragraph 5. 9 OSCE Code of Conduct, Appendix 1 to the OSCE Staff Regulations and Staff Rules, Permanent Council Decision 550/Corr.1, 27 June 2003, paragraph 4. 10 Preventing the Promotion/Facilitation of Trafficking in Human Beings, Staff Instructions No. 11/2004, paragraph 6. 11 Ensuring the Highest Standards of Conduct and Accountability of Persons Serving on International Forces and Missions, Ministerial Council Decision No.16/05, 6 December 2005, paragraph 1. 12 2004 OSCE Action Plan for the Promotion of Gender Equality, Ministerial Council Decision 14/04, 7 December 2004, paragraph 10. 12. Conduct of International Staff Page 4 Conduct for Mission Members and other regulations face prescribed sanctions, including, as appropriate, disciplinary and criminal proceedings.” 13 The OSCE Secretary General’s Annual Evaluation Report on the Implementation of the 2004 OSCE Gender Action Plan for the Promotion of Gender Equality emphasizes that “the obligation for gender mainstreaming as derived from the Action Plan has to be communicated to all staff from the highest level. Moreover, it is expected that increased training will strengthen gender sensitivity and that there is a common understanding that the organization is committed to gender equality based on the conviction that women are equally well-qualified as men and that no job should be a preserve of either sex.” 14 * UN SECURITY COUNCIL The UN Security Council has requested the UN Secretary-General "to ensure that personnel involved in peacemaking, peacekeeping and peace-building activities have appropriate training on the protection, rights and welfare of children, and... urges States and relevant international and regional organizations to ensure that appropriate training is included in their programmes for personnel involved in similar activities .." 15 “Reaffirming the important role of women in the prevention and resolution of conflicts and in peace-building, and stressing the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security, and the need to increase their role in decisionmaking with regard to conflict prevention and resolution, …. Urges Member States to ensure increased representation of women at all decision-making levels in national, regional and international institutions and mechanisms for the prevention, management, and resolution of conflict, ….. Further urges the Secretary-General to seek to expand the role and contribution of women in United Nations field-based operations, and especially among military observers, civilian police, human rights and humanitarian personnel;...” 16 The 2004 UN Security Council resolution 1539 “notes with concern all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crisis, including those cases involving humanitarian workers and peacekeepers”, and “requests contributing countries to incorporate the Six Core Principles of the Inter-Agency Standing Committee on Emergencies into pertinent codes of conduct for peacekeeping personnel and to develop appropriate disciplinary and accountability mechanisms”. 17 13 Combating Trafficking in Human Beings, Ministerial Council Decision 2/03, 2 December 2003, Annex: OSCE Action Plan to Combat Trafficking in Human Beings, paragraph 2.8. 14 The Secretary General’s Annual Evaluation Report on the Implementation of the 2004 OSCE Action Plan for the Promotion of Gender Equality, SEC.GAL/96/06/Rev.1, 4 October 2006, p. 6. 15 UN SC Res. 1261, paragraph 19. 16 17 United Nations Resolution 1325(2000) from 31 October 2000 Security Council resolution 1539 (2004), adopted by the Security Council at its 4948th meeting, 22 April 2004, paragraph 10. 12. Conduct of International Staff Page 5 * UN SECRETARY-GENERAL "The resolution also called on me to expand the role of women in peace operations, to ensure that there be a gender component in field operations, and to provide Member States with training guidelines on the protection, rights and particular needs of women…in their national training programmes for military and civilian police." 18 The Report of the UN Secretary-General on Gender Mainstreaming in Peacekeeping Activities stresses that “Gender mainstreaming is a strategy that emphasizes the importance of considering the contributions of both women and men, as well as the differential impact of activities on women and men, in all sectors, including peace support activities. The General Assembly, the Security Council and the Special Committee on Peacekeeping Operations have urged the incorporation of gender perspectives into peacekeeping operations owing to the significant contributions of women to peace processes and the ways in which women and men, and girls and boys are affected differently by armed conflict and its aftermath. For gender mainstreaming in peacekeeping activities to be effective, from the initial stages of negotiating peace agreements to post-conflict reconstruction, it is necessary to have a full-time, dedicated capacity at Headquarters in the Department of Peacekeeping Operations to provide the required support and overall policy guidance.” 19 The UN Secretary-General’s Bulletin on Special Measures for Protection from Sexual Exploitation and Sexual Abuse emphasizes that “United Nations forces conducting operations under United Nations command and control are prohibited from committing acts of sexual exploitation and sexual abuse, and have a particular duty of care towards women and children…”. Furthermore, the bulletin underlines that “[t]he Head of Department, Office or Mission, as appropriate, shall be responsible for creating and maintaining an environment that prevents sexual exploitation and sexual abuse, and shall take appropriate measures for this purpose.” 20 * UN GENERAL ASSEMBLY The UN GENERAL ASSEMBLY has requested the SECRETARY-GENERAL to ensure… ª 50 per cent recruitment of female staff until the goal of “50/50 distribution” is met, particularly, at the most senior levels, and in peace missions, as well as ª a gender-sensitive and family-friendly work environment. 21 18 19 Prevention of armed conflict, Report of the Secretary-General, 7 June 2001, A/55/985-S/2001/574 Gender Mainstreaming in Peacekeeping Activities, Report of the Secretary-General, adopted by the General Assembly at its Fifty-seventh session, 13 February 2003, A/57/731, summary p.1. 20 Special Measures for Protection from Sexual Exploitation and Sexual Abuse, Secretary-General’s Bulletin, ST/SGB/2003/13, 9 October 2003, paragraph 2.2. and 4.1. 21 UN Commission on the Status of Women’s Follow-up to the Fourth World Conference on Women: review of mainstreaming in the organizations of the United Nations system, UN doc. E/CN.6/2000/4 (27 January 2000), paragraphs 3-4. 12. Conduct of International Staff Page 6 The Comprehensive Strategy to Eliminate Future Sexual Exploitation and Abuse in United Nations Peacekeeping Operations concludes that “personnel who violate the standards set out in the 2003 Secretary-General’s bulletin should be subjected to disciplinary action. … Any staff members, civilian police or military observers who are found to have committed acts of sexual exploitation and abuse should have their appointments terminated. In addition, staff should be fined and the proceeds paid into the trust fund for victims.” 22 * BEIJING The UN Fourth World Conference on Women (in Beijing) called on ª the UN system "to promote equal participation of women and equal opportunities for women to participate in all forums and peace activities at all levels, particularly at the decision-making level" 23 ª national governments "to strengthen the role of women and ensure equal representation of women at all decision-making levels in national and international institutions which may make or influence policy with regard to matters related to peace-keeping, preventive diplomacy and related activities and in all stages of peace mediation and negotiations" 24 Peace mission staff members "are expected to act as model citizens and in conformity with UN norms, such as the Universal Declaration of Human Rights and the Standards of Conduct for International Civil Servants". 25 * OTHER UN AGENCIES The UN Department for Peacekeeping Operations (DPKO) underlies four principles in its Policy Directive for Gender Equality in UN Peacekeeping Operations: ¬ “The principle of inclusiveness, which requires that peacekeepers consult with both women and men in post-conflict countries in all decisions that affect them. ¬ The principle of non-discrimination, which requires that peacekeeping personnel ensure support for policies and decisions that uphold the equal rights of women and girls, and ensures their protection from harmful traditional practices. ¬ The principle of standard-setting, which requires that the staffing profile of DPKO and united Nations peacekeeping missions role model our institutional commitments to gender balance and the equal participation of women in decision-making. 22 A Comprehensive Strategy to Eliminate Future Sexual Exploitation and Abuse in United Nations Peacekeeping Operations, adopted by the General Assembly at its Fifty-ninth session, 24 March 2005, A/59/710, paragraph 91. 23 Report of the Fourth World Conference on Women (Beijing, 4-15 September 1995), United Nations, UN document No. A/CONF. 177/20, 17 October 1995, (FWCW Report) p. 61. 24 FWCW Report, p. 64. 25 Women 2000: The Role of Women in United Nations Peace-keeping, December 1995 - No.1/1995, posted online by UN Division for the Advancement of Women (DAW), DPCSD, gopher://gopher.undp.org:70/00/secretar/dpcsd/daw/w2000/1995-1.en (Women 2000), p. 12. See also above text accompanying fn. 15-16. 12. Conduct of International Staff Page 7 ¬ The principle of efficiency in peacekeeping activities, which requires that all human resources capacity in post-conflict societies (women, men, boys and girls) are effectively harnessed o build and sustain the peace process.” 26 “UN peacekeeping operations must … seek to protect women’s rights and ensure they are integrated into all actions promoting peace, implementing peace agreements, resolving conflict and reconstructing war-torn societies. If peacekeeping operations are to succeed in ensuring a sustainable peace and long-term reconciliation based on democratic principles and internationally recognized human rights, it is crucial that their activities and policies uphold the principles of gender equality and non-discrimination.” 27 “Human Trafficking is a form of serious exploitation and abuse that is increasingly present in the UN peacekeeping environments. Trafficking exploits human beings for revenue through sex, forced labour and human organs. For peacekeeping (UN and other) there is a crisis of perception in relation to trafficking and the linked issue of sexual exploitation and abuse, which sees peacekeepers branded as more part of the problem than the solution, along with criticisms that the issue is not taken seriously by peacekeeping institutions. Allegations and incidences of peacekeeper involvement with trafficking run counter to UN principles. Such incidents can be extremely damaging to missions by undermining implementation of police reform and rule of law mandates, perpetuating linkages to organized crime and providing material for anti-UN elements, obstructionists and negative media campaigns.” 28 The OCHA defines in its 2002 Report on Protection from Sexual Exploitation and Abuse in Humanitarian Crises six core principles for staff in relation to sexual exploitation: ¬ “Sexual exploitation and abuse by humanitarian workers constitute acts of gross misconduct and are therefore grounds for termination of employment. ¬ Sexual activity with children (persons under the age of 18) is prohibited … . ¬ Exchange of money, employment, goods, or services for sex … is prohibited. ¬ Sexual relationships between humanitarian workers and beneficiaries are strongly discouraged since they are based on inherently unequal power dynamics ¬ Where a humanitarian worker develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, … he or she must report such concerns via established agency reporting mechanisms. ¬ Humanitarian agencies are obliged to create and maintain an environment which prevents sexual exploitation and abuse and promotes the implementation of their code of conduct. Managers at all levels have particular responsibilities to support and develop systems which maintain this environment.” 29 26 Policy Directive for Gender Equality in UN Peacekeeping Operations, UNDPKO, 3 November 2006, section D, paragraph 7. 27 Handbook on United Nations Multidimensional Peacekeeping Operations, chapter IX, p.115. www.womenwarpeace.org/issues/peacekeeping/dpko_handbook_gender.pdf 28 Human Trafficking and UN Peacekeeping, DPKO Policy Paper, March 2004, www.womenwarpeace.org/issues/peacekeeping/dpko_mar2004.pdf. 29 Report of the Inter-Agency Standing Committee Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises, 13 June 2002, section E, paragraph 10. http://ochaonline.un.org/DocView.asp?DocID=1077. 12. Conduct of International Staff Page 8 LESSONS LEARNED GENDER AWARENESS AMONGST STAFF MEMBERS IS ABOUT PROFESSIONALISM AND TEAMWORK When women and men are mature and secure enough to treat each other with respect and as equals, they make excellent teams. Whether in an office meeting, a stand-off at the border between two hostile communities, or intervening in a situation of family violence, a man and a woman on the same team may handle the same situation in different ways. Perhaps more frequently, their gender might have different effects on their interlocutors. When men's and women's complementary strategies and approaches in the mission work are maximized to their potential – in a manner free of presumptions – a more resourceful flexible and, therefore, effective team result. As in any team, the more each member is able to show respect for, recognize the attributes of, and compensate for the real - not presumed - weaknesses of other team members, the more effectively each member and the team as a whole will function. 12. Conduct of International Staff Page 9 REFLECTION OF BEHAVIOUR How international and national staff treat other will influence the credibility with which the organization and its staff are seen as catalysts of positive change in the society. 32 EFFECT OF PRESENCE WOMEN’S Advantages the UN has found in the presence of women across all sectors and levels of peacekeeping operations are: ⇒ Enhanced understanding of the particular situation of women and girl survivors of conflict. 34 ⇒ Better relations with local human rights workers where the majority of such workers are women. 36 ⇒ When a critical mass of women exists in a mission, local women are mobilized by the positive role model that they provide. 37 "When a critical mass of women in UN peacekeeping missions exists, local women in the host country are mobilized through a positive demonstration effect… women were perceived to be compassionate, unwillingly to opt for force over reconciliation, willing to listen and learn, and contributors to an environment of stability and morality which fostered the peace process…Women are successful as negotiators, active in proposing constructive solutions, actionoriented and often willing to take innovative approaches to establish a dialogue between polarized groups. Women's participation helps to break-down traditional views and stereotypes…Contrary to some expectations, many women willingly accept the challenges of working in all types of situations, including 30 dangerous and isolated areas." In their search for reconciliation women are perceived as less political than men. 31 "…peace and development are accelerated in communities where there are U.N. women peacekeepers." Queen Noor of Jordan 33 "Kosovo was not, in the past, a destination for the East European sex trade,... but the lure of a 45,000-strong army and a large international component has proved an irresistible draw and bars and nightclubs are springing up across the province in places such as Gnjilane and Urosevac." Times of London 35 Personality traits such as competence, efficiency, integrity, strength of character, capacity for leadership, compassion, decisiveness etc. are not the exclusive traits of either sex. However, a more inclusive and diverse workforce has a larger range of experience and skills and is therefore more likely to combine positive character traits for the benefit of the organization. Diversity of staff can contribute the following qualities: 30 Women 2000: The Role of Women in United Nations Peace-Keeping, December 1995-No. 1/1995, p. 9, Impressions of women in peace-keeping missions: making a difference 31 November 1999 Howarth-Wiles interview with Oonagh Enright, OSCE. 32 33 34 Cf e.g., CONDOMS: UN Troops Get One Per Day To Prevent HIV/AIDS, UNWire 13 March 2000, item 5. Queen Noor Launches International Campaign on Women and Peace Building, Jordan Times, 17 May 1999. National Report of Sweden submitted to the United Nations (Division for the Advancement of Women/Department for Policy Co-ordination and Sustainable Development) for the second Review and Appraisal of the Nairobi Forward-looking Strategies for the Advancement of Women, 1994, p. 33, as cited in Women 2000. 35 J.Pringle, Sex Slave Trade Thrives among Kosovo Troops, 5 February 2000 36 37 Women 2000: The Role of Women in United Nations Peace-Keeping, December 1995-No. 1/1995, p. 7. Women 2000: The Role of Women in United Nations Peace-Keeping, December 1995-No. 1/1995, p. 8. 12. Conduct of International Staff Page 10 h compassion h unwillingness to choose force over reconciliation h willingness to listen, learn, and accept the challenges h h of working in all types of situations, including dangerous and isolated areas willingness to take innovative approaches to diffuse potentially violent situations and establish a dialogue between polarized groups be action oriented; and the ability to h contribute to an environment of stability and morality which fosters peace h negotiate successfully h actively propose constructive solutions. Women's presence and participation has been seen to… 1 "foster 1 1 1 confidence and trust among the local population, a critical element in any peace…mission" 38 "break down traditional views and stereotypes of women in countries and local communities where they serve" 39 depending on the culture and situation, provide an element of surprise, thereby giving the female staff member an advantage deter "abuse of power, including sexual harassment and rape." 40 Accordingly, the UNDPKO comes to the conclusion that “women’s presence does make a difference. It improves access to the local population. By creating a more “normal” environment, their presence also tends to improve the behaviour of male members of the mission. Finally, their presence increases the range of skills, approaches, and perspectives within a mission, thus adding to its effectiveness.” 41 “An effective security presence that incorporates protection for women, including from gender-based violence, ensures that women are consulted in all information-gathering and priority-setting and decision-making processes; promotes a progressive increase in the number of uniformed female peacekeepers, including military observers and UN police officers; and ensures adherence to the highest standards of professional conduct and discipline.” 42 NEGATIVE EFFECTS OF INTERNATIONAL PRESENCE The arrival of male dominated international peace missions unfortunately often serves as a stimulus to the sex worker industry. Given the countries where international missions are sent, the sex trade usually relies in large part on forced and under-age prostitution. This is a development, which is detrimental to the goal of these missions. 38 39 Women 2000: The Role of Women in United Nations Peace-Keeping, December 1995-No. 1/1995 , p.9 Women 2000: The Role of Women in United Nations Peace-Keeping, December 1995-No. 1/1995 , p.10-11. This element is cited as being the experience of one high-level decision-maker interviewed for Women 2000.. 40 Women 2000: The Role of Women in United Nations Peace-Keeping, December 1995-No. 1/1995 , p.12. 41 42 Mainstreaming a Gender Perspective In Multidimensional Peace Operations, UNDPKO, 2000, paragraph 49. DPKO Policy Directive. Gender Equality in UN Peacekeeping Operations, 3 November 2006, section D.2., paragraph 10.i. 12. Conduct of International Staff Page 11 EQUITABLE TREATMENT AT WORK Some men still have trouble treating women as equals. Some men and women still feel threatened by women in positions of authority. The open support by male and female colleagues, at all levels, for women confronted with such insecurity in their colleagues and national counterparts, accelerates considerably the learning process of that such insecure individuals may need to go through to function effectively in a team and build a durable peace in a post-conflict society. The more a sense of freedom of expression and mutual respect, regardless of sex, rank or national origin, prevails within a mission, the more likely individuals or groups of staff members will promote positive change as regards gender awareness and equity outside "…there is something I would like to say [to the mission. There is a certain hierarchy of harassment: ⇒ National staff may be subject to more, and more serious, sexual harassment than international staff. ⇒ Clerical and secretarial staff may be harassed more than professional staff. mission members in uniform] that is applicable to both soldiers and police as well as to human rights monitors.... I came of age in the 1960s and 1970s when the prevailing view among my age group was that police and military were by definition reactionary and repressive.... I think I lost those attitudes definitively in [my first peace mission]. There is nothing like living in a society where there is no rule of law to make one understand the value of law and order. Police, in particular, can make an important contribution to the criminal investigation conducted by human rights staff." A former civilian member of two UN peace missions 43 BEST PRACTICES EXCHANGE OF INFORMATION The fostering of cooperation, mutual understanding and the exchange of information between mission members of different areas of work, and the avoidance of unnecessary segregation, is essential for the development of a 43 Martha Doggett, presentation in Session 2: Safeguarding Human rights in the Peace Support Operation Area, The Legal Framework, A report from a seminar Sept. 1998 at the National Defence College, Leif Ahlquist, Editor. (Swedish National Defence College, Department of Operations, 1999), Appendix 2 at p. 36 to 46. 12. Conduct of International Staff Page 12 professional work environment without discrimination. Gender training should include role-play or simulation exercises 44 to facilitate mission members' understanding and appreciation of each others' work and expertise. Gender proportionality should be pursued across all levels and areas of staff employment, e.g. male community service officers; women police officers; women heads of office/unit/section, directors and drivers. n The goal for the mission, and for every component of the mission, should be 50 per cent women and 50 per cent men. 45 o The minimum staff split between women and men in a mission, in each unit and at each level should be 30-70 percent. International standards relevant to the welfare of groups at particular risk, applied to work, and promoted with national counterparts, are essential in order to develop the sustainability of women’s advancement. Implementation and promotion of these standards come together in the key position that all peace mission members fill in a country in transition - that of role model. Employment of female staff based on personal appearance 46 is unacceptable. Stereotypical thinking is the denial of individuality and limits the options of the person who is being measured with such perceptions. There has to be accountability from staff at all levels: attitudes about gender equity should be included in performance evaluations, and concrete consequences should follow for staff who are unable to treat colleagues or members of the host community in a gender-aware manner, in keeping with their responsibility as international mission members. Such consequences might include one or more of the following measures: probation, nonpromotion, gender-awareness training, or re-training, demotion, psychological counselling, or expulsion from mission. "It is not simply a question of gender balance and numbers; it is also a question of the differences women can make. Evidence suggests that the increased presence of women helps to create good relations with local communities, since the establishment of trust is an essential element in any peace-keeping operation." 47 "One regional director…reflecting on her experience, … noted that … being a woman provided an element of surprise and gave her an advantage. 48 "The inclusion of women in military, police and civilian components of UN peace-keeping has acted as a deterrent to the abuse of power, including sexual harassment and rape. It has been argued that problems involving the abuse of power and sexual exploitation might be minimized, if not eliminated, by increasing the number of women in peace-keeping missions, especially in decisionmaking positions. This could result in a positive change in attitudes towards women." 49 Women 2000 Senior management must proactively demonstrate their commitment to gender-awareness and equity as role models for their staff. 50 44 Martha Doggett's presentation as part of the panel, Co-operation between Military and Civilian Components, London Seminar, 23-25 February 1998, Swedish National Defence College. 45 "UN document A/50/691, paragraph 59, the Secretary-General has recommended to the General Assembly, inter alia, a target of 50 per cent women in UN field missions." Women 2000. See also Bennet interview and other Howarth-Wiles interviews of OSCE-Kosovo staff regarding importance of sending the message that equality of opportunity is integral to democratization. 46 November 1999, Ann Howarth-Wiles' interviews with OSCE-Kosovo staff. See also Abdela. 47 48 Women 2000, p. 9. Women 2000, p. 10-11. This element is cited as being the experience of one, high-level decision-maker interviewed for Women 2000. It has also repeatedly been the experience of one of the authors of this guide. 49 Women 2000, p. 12. 50 November 1999 Howarth-Wiles interviews with OSCE-Kosovo staff. 12. Conduct of International Staff Page 13 Dialogue between staff should be encouraged in order to reinforce reciprocal cultural understanding and sensitivity, particularly where lack of knowledge, comprehension and/or sensitivity is damaging the internal functioning of the mission, or its effect on the local population. 51 Staff expressing concern should be heard and not discriminated personally or professionally, for their efforts to bring problems out in the open. Members of peace operations particularly those in uniform - are "'The hallmark of UN Civilian Police is in its close relationship with the community." Because of ideally placed to exemplify in their that, 'civilian police are increasingly valued as the daily actions the international eyes and ears of the mission…. The success of community's shift in focus from such UN missions is realized when citizens start coming forward to lodge complaints through the "national security" to "human system to help solve problems and even report security". The more their daily police abuse with the belief that they will be activities focus on dialogue, helped.'" Graham Muir, Inspector, Royal Canadian Mounted learning, reconciliation and Police 52 protection of those at greatest risk, the better role models they will be to local security personnel finding new strategies in pursuit of durable peace. 53 ADDITIONAL RESOURCES UN/GA Res. 54/139 (10 February 2000) on the Improvement on the Status of Women in the Secretariat (including, and with particular attention to, peace operations) http://daccessdds.un.org/ddoc/UNDOC/GEN/N00/271/PDF/N0027157.pdf?openEl ement UN Security Council Resolution S/RES/1325(2000) of 31 October 2000 Gender Resource Package for Peacekeeping Operations (provided by UN Department of Peacekeeping Operations - UNDPKO, 2004) http://pbpu.unlb.org/pbpu/library/GRP%20Full%20version.pdf Handbook on United Nations Multidimensional Peacekeeping Operations, Department of Peacekeeping Operations – UNDPKO, 2003 www.womenwarpeace.org/issues/peacekeeping/dpko_handbook_gender.pdf 51 November 1999 Howarth-Wiles interview of Arne Piel Christensen, OSCE Director of Democratization, Kosovo (Christensen interview). 52 J.R. Dash, Japan Times, 14 May 1999, reporting on a Pearson training course for ASEAN and EU representatives in Tokyo in May 1999, as relayed in UNWire, 20 May 1999. 53 See, inter alia, Cockburn, p. 22. 12. Conduct of International Staff Page 14 Mainstreaming a Gender Perspective In Multidimensional Peace Operations, Department of Peacekeeping Operations – UNDPKO, 2000 www.un.org/Depts/dpko/lessons/Gender%20Mainstreaming.pdf Human Trafficking and UN Peacekeeping, DPKO Policy Paper, March 2004, www.womenwarpeace.org/issues/peacekeeping/dpko_mar2004.pdf The Special Needs of Women and Children in and after Conflict (Training Course Website UN Institute for Training and Research - UNITAR) www.unitar.org/wcc Amnesty International’s 15-Point Program for Implementing Human Rights in International Peacekeeping Operations www.hommesfemmesetlesoperationsdelapaix.org/resources/5_Amnesty_International.pdf Women, War, Peace: The Independent Experts’ Assessment on the Impact of Armed Conflict on Women and Women’s Role in PeaceBuilding, Elisabeth Rehn/ Ellen Johnson Sirleaf (eds.), 2002 (chapter 5: Women and Peace Operations, p. 61-74) www.un.org/Depts/dpko/gender/index.htm (UN Department for Peacekeeping Operations, Gender Website) www.stopvaw.org/UN_Peacekeeping_Missions.html (Stop Violence against Women website) Women & Peacebuilding, D. Mazurana and S. McKay, International Centre for Human Rights and Democratic Development, Montreal, Canada, 1999. Deliver us from Evil, Peacekeepers, Warlords and a World of Endless Conflict by William Shawcross, Touchstone Books, New York, 2001. Code of Conduct for Staff/Mission Members, PC.DEC/550/Corr. 1 of 27 June 2003 Professional Working Environment Policy against Harassment, Sexual Harassment and Discrimination, Staff Instruction No. 21/2006 12. Conduct of International Staff Page 15 APPENDIX 1 to the OSCE Staff Regulations and Staff Rules OSCE CODE OF CONDUCT 1. OSCE Officials’ Conduct OSCE officials shall conduct themselves at the highest personal and professional level at all times, while on duty and off duty, in order to successfully represent the OSCE. OSCE officials shall not act in a manner which is likely to bring discredit to the Secretariat, Institution or Mission to which they are assigned, to its staff and to the OSCE in general. They shall comply with the principles, norms and commitments of the OSCE and adhere to the mandate of their respective Institution or Mission in performing their duties. 2. Relations with National Authorities OSCE officials shall neither seek nor accept instructions regarding the performance of their duties, from any Government or from any authority external to the OSCE. 3. Impartiality OSCE officials shall conduct themselves at all times in a manner befitting the status of an international civil servant. They shall refrain from any action that might cast doubt on their ability to act impartially. OSCE officials shall not engage in any activity which is incompatible with the proper performance of their duties with the OSCE or may adversely reflect on their status, as well as on the integrity, independence and impartiality of their position and function as OSCE officials. OSCE officials shall ensure that their own personal views and convictions, including their political and religious convictions do not adversely affect their official duties or the interests of the OSCE. 4. Compliance with accepted human rights standards OSCE officials shall refrain from any conduct which could be detrimental to the goals of the OSCE. This includes but is not limited to an affiliation with any person who is suspected of being involved in any activity that violates national or international law or accepted human rights standards, or an affiliation with any person who could reasonably be suspected of engaging in the trafficking in human beings. OSCE officials shall be aware that the use of the services of a person suspected of being a victim of trafficking contributes both to the profit of traffickers and the harm to victims. OSCE officials shall adopt exemplary standards of personal behaviour to ensure the OSCE is contributing to combating trafficking in human beings, and is not exacerbating the problem. OSCE officials shall be accountable to their respective national authorities, and when appropriate to local authorities, for any illegal activities inciting this criminal trade or behaving in contravention of the above mentioned standards. Page 1 of 3 / G U:\COMMON\! ICT SERVICEDESK\GENDER\ALL OF CHAPTER 12\02 APPENDIX 1.DOC 5. Relations with the Host Country Notwithstanding privileges and immunities which may be granted to OSCE officials by the host country in the interest of the OSCE and not for their personal benefit, OSCE officials shall respect the laws and regulations of the host country, as well as its local customs and traditions. Privileges and immunities granted to OSCE officials shall not exempt OSCE officials who are covered by them from the performance of their private obligations. 6. Professional working environment OSCE officials shall abstain from any action which may be contrary to the OSCE policy on professional working environment. All OSCE officials are treated equally and with respect, regardless of gender, race, religion or belief, nationality, ethnic or social origin, age, sexual orientation, marital status or other aspects of personal status. 7. Acceptance of Gifts, Honours and other Distinctions OSCE officials shall not use or attempt to use their position for private advantage and shall not accept any gratuity or gift which goes beyond simple courtesy. In connection with their appointment or assignment to the Secretariat, their respective Institution or Mission, staff/mission members shall not receive any honour, decoration, favour or gift greater in value than EUR 40 from any Government or from any source external to the OSCE without prior authorization of the Secretary General and their respective Head of Institution/Mission. 8. Outside Activities and Interests OSCE officials shall not be actively associated with the management of any business, nor may they hold a financial interest in any business, if there is a possibility that they would benefit from such association or financial interest by reason of their official position with the OSCE. An OSCE official who has occasion to deal in his/her official capacity with any business in which he/she holds a financial interest shall at once disclose the measure of that interest to the Secretary General or to the respective Head of Institution/Mission or, for the Secretary General and the Heads of Institution/Mission, to the Chairperson-in-Office. Staff/mission members shall not engage in any paid occupation or employment outside the OSCE without prior approval of the Secretary General or the respective Head of Institution/Mission. 9. Discretion Staff/mission members shall observe maximum discretion with regard to all matters of official business. They shall at no time use, disseminate or publish information known to them by reason of their official position nor may they publish anything based thereon, except with the written approval of the Secretary General or their Head of Page 2 of 3 / G U:\COMMON\! ICT SERVICEDESK\GENDER\ALL OF CHAPTER 12\02 APPENDIX 1.DOC Institution/Mission. Staff/mission members shall also not communicate such information to third parties, except in connection with the discharge of their functions. Except as part of official duties, staff/mission members are required to seek prior approval of the Secretary General or their respective Head of Institution/Mission for performance of any one of the following acts, if such act relates to the purpose, activities or interests of the OSCE or involves the use of information known to them by reason of their official duties: Issue statements to the press, radio or other media of public information; Accept speaking engagements; Take part in film, theatre, radio or television productions or presentations Submit articles, books or other material for publication; or Disclose, duplicate or transfer any information for uses other than those specified by the Secretary General or the Head of Institution/Mission to any person, Government or authority. These obligations shall not cease upon separation from the OSCE. 10. Safety and Security OSCE officials shall make every effort to ensure the security of the Secretariat, Institution or Mission to which they are assigned and of its individual staff/mission members, and shall follow closely all instructions regarding safety and security matters. 11. Protection of OSCE Property OSCE officials shall protect, manage and use OSCE resources and property efficiently and with necessary care and must not wilfully, or through negligence, cause any waste, loss and/or damage to OSCE property, documents and resources. OSCE officials may be required to reimburse the OSCE either partially or in full for any financial loss incurred by the OSCE as a result of their wilful action or inaction, their negligence or their failure to observe any regulation or administrative instruction. 12. Applicability of the Code of Conduct The OSCE Code of Conduct shall apply to the Secretary General, Heads of Institution and Heads of Mission mutatis mutandis, except that they shall report to or seek authorization from the Chairmanship. Page 3 of 3 / G U:\COMMON\! ICT SERVICEDESK\GENDER\ALL OF CHAPTER 12\02 APPENDIX 1.DOC Organization for Security and Co-operation in Europe Ministerial Council Ljubljana 2005 MC.DEC/16/05 6 December 2005 Original: ENGLISH Second day of the Thirteenth Meeting MC(13) Journal No. 2, Agenda item 8 DECISION No. 16/05 ENSURING THE HIGHEST STANDARDS OF CONDUCT AND ACCOUNTABILITY OF PERSONS SERVING ON INTERNATIONAL FORCES AND MISSIONS The Ministerial Council, Reaffirming the OSCE commitments to combat trafficking in human beings, in particular 2000 Vienna Ministerial Council Decision No. 1, 2002 Porto Ministerial Declaration and Maastricht Ministerial Decision No. 2/03 and the OSCE Action Plan to Combat Trafficking in Human Beings, as well as its addendum “Addressing the Special Needs of Child Victims of Trafficking for Protection and Assistance”, Recalling the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, and its comprehensive definition of trafficking in persons, Reiterating that trafficking in human beings, a contemporary form of slavery, seriously undermines the enjoyment of human rights and fundamental freedoms, Concerned that military and civilian personnel serving on international peacekeeping forces or other international missions, including contractors, as well as field presences of international organizations including the OSCE could be a contributing factor to the demand side of the trafficking cycle, Welcoming the efforts of the United Nations as well as other international organizations to develop and enforce “zero-tolerance” policies to prevent trafficking in human beings by both forces and other staff, which, combined with education and training, are required, Recalling the ongoing activities in all relevant international organizations aimed at the development of common standards and best practices to prevent and combat trafficking in human beings, Concerned about reports of misconduct by military and civilian personnel serving on international peacekeeping forces or other international missions, including reports of MC13EW27 -2- MC.DEC/16/05 6 December 2005 engaging in trafficking in human beings as defined in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, strongly condemning such acts, and noting that they have a detrimental effect on the fulfilment of mission mandates, Concerned also about reports of misconduct by military and civilian personnel serving on international peacekeeping forces or other international missions including reports of sexually exploiting and abusing local and refugee populations, as well as reports of cases of forced labour, strongly condemning such acts, and noting that they have a detrimental effect on the fulfilment of mission mandates, Emphasizing the need for more information and awareness-raising concerning these issues among personnel serving on international missions, Taking note of efforts by the United Nations aimed at ensuring that personnel serving on peacekeeping forces or other international missions are held to the highest standard of conduct and accountability, 1. Calls on participating States to improve, where necessary, measures to prevent military and civilian personnel deployed abroad to peacekeeping forces or other international missions, as well as OSCE officials, from engaging in trafficking in human beings or exploiting victims of trafficking. In this regard, the participating States will seek to ensure that their national laws, regulations, and other relevant documents can be enforced with respect to their nationals who are serving on peacekeeping forces or other international missions, with a view to ensuring the highest standards of conduct and accountability; 2. Calls on participating States with deployed military and civilian personnel to assist, within their competence and respective mandates, responsible authorities in the host country in their efforts to combat trafficking in human beings. Each participating State will take into account policies and consequences regarding trafficking in human beings when instructing its military and civilian personnel to be deployed abroad; 3. Calls on participating States to take appropriate action necessary to prevent sexual exploitation and abuse, as well as cases of forced labour, by military and civilian personnel deployed by them who are serving on peacekeeping forces or other international missions, to enforce relevant standards of conduct in this regard, and to ensure that any such cases are properly investigated and appropriately punished; 4. Reaffirms the importance of implementing the Code of Conduct for OSCE Officials and Staff Instruction 11 addressing trafficking in human beings, and instructs the Secretary General, drawing on the expertise of the OSCE Special Representative on Combating Trafficking in Human Beings and the Anti-Trafficking Assistance Unit, to update these documents to make them in line with this decision, and to circulate them to the participating States for comments and discussion prior to issuance; 5. Invites the governments of the OSCE Partners for Co-operation also to commit to the same principles as are set forth in this decision and to that end tasks the OSCE Special Representative on Combating Trafficking in Human Beings and the OSCE Secretary General to share relevant information and materials with the OSCE Partners for Co-operation; -3- MC.DEC/16/05 6 December 2005 6. Tasks the OSCE Special Representative on Combating Trafficking in Human Beings to share with relevant international organizations OSCE training materials and other information that could assist in combating trafficking in human beings; 7. Tasks the OSCE Secretary General to report annually to the Permanent Council on the implementation of this decision in regard to the Code of Conduct for OSCE Officials and Staff Instruction 11, in accordance with provision III 11.1 of the OSCE Action Plan to Combat Trafficking in Human Beings.
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