Allegations of criminality in peacekeeping missions: 'UN cannot be indifferent.'

Under-Secretary-General for Peacekeeping Operations Bernard Miyet said at a Headquarters press briefing on 20 June that it was an understatement to say that the United Nations could not be indifferent to recent press reports of alleged criminal acts committed by United Nations peacekeepers. He and the Secretary-General were outraged by the behaviour of individuals proven guilty, and there was also a clear feeling, at the personal level, that justice must be done.

The United Nations learned of those alleged crimes at the same time as the media, Mr. Miyet said. Had it been aware of such allegations at the time--even if they were only doubts, interrogations or difficulties arising--the Special Representative or the force commanders would immediately ask for instructions. If there had been the slightest doubt, the United Nations would have asked the country in question to repatriate its troops, make investigations, take disciplinary measures or begin a judiciary process, as appropriate.

The line of the United Nations in such cases was a clear line. If there was doubt, there was an immediate investigation in the field. If there were allegations, the troop were sent back to the country, and the country was requested to take all the necessary disciplinary and judiciary measures. The United Nations, as such, had no judiciary system, no legal basis on which it could try individuals. It was up to the troop-contributing countries to take disciplinary and judiciary measures. That was, and always had been, the rule.

At the same time, taking into account the lessons learned in Somalia and other cases, the United Nations had taken several measures, Mr. Miyet said. First, the code of conduct was provided to all troops before they left for the field. The United Nations also organized training courses and seminars for the troops in their own countries, taking into account all aspects of peacekeeping. When there was a peacekeeping operation, the agreement between the host country and the United Nations automatically took into account full respect for international humanitarian law. And the United Nations was in the process, on the basis of Graca Machel's report on the impact of armed conflict on children, of reviewing all measures to be taken to improve the Organization's standards and the behaviour of the troops.

Any solution had to take into account the quality of the troops, their training, preparedness, and the quality of the leadership of the Special Representative and the Force Commander. There were other monitoring elements, such as the military police. Human rights components also had parts to play in complex operations. Sometimes, however, troops operated in remote areas without any other presence. It would be difficult to have one monitor for every soldier in every situation. The United Nations had to take into account those factors in order to build situations in which, with the leadership, the quality of the troops and their training, and with clear and strong instructions, such situations could be avoided. It was also important to request that troops were sent back immediately, and sanctions were brought against the countries, as well as making such situations more public.

Asked if there was anything preventing the United Nations from mounting an in-depth investigation of its own, Mr. Miyet said when the troops were in the field, the United Nations had the responsibility to investigate to cover all the aspects and determine what was going on. When the troops had returned and a troop-contributing country was carrying on an official criminal investigation, it was up to the prosecutor in that country to investigate the alleged crimes. The United Nations could provide information, if requested, but contact with witnesses was up to the country's prosecutor. The United Nations could not overrule a prosecutor when the judiciary system was on course.

Was there a monitoring mechanism to determine how peacekeepers were behaving before "a doubt" arose? a correspondent asked. Mr. Miyet said all troops included the component of the military police, and in all countries it was up to the military police to ensure that the troops were behaving in the right way. Perhaps it would be useful to have an individual close to the Special Representative and the Force Commander to receive all the reports and who could act more quickly.

Asked for an example of where the United Nations had investigated and repatriated troops, and soldiers had been punished, Mr. Miyet said such a situation occurred in Mozambique.

Allegations of soldiers involved in child prostitution had been brought to the United Nations, which had worked with the Government and non-governmental organizations. The investigations led to the troops being found guilty and, on the request of the Organization, were repatriated.