A/HRC/40/CRP.1
SEA, provide accountability and support victims meaningfully. 674 Other initiatives that stem
directly from the 2017 strategy are aimed at increasing partnerships and strengthening case
management system, conduct of investigations and channels of reporting within the UN but
also externally.675
UNMISS has committed itself to addressing the issue of SEA among UN military,
police and civilian personnel. Notwithstanding this commitment, allegations of SEA continue
to emerge in South Sudan and from early 2018 until January 2019, seven cases of SEA
involving at least 18 alleged perpetrators from UNMISS (12 police, five civilians and at least
one military personnel)676 have been registered in the UN SEA Database.677
Allegations include three cases of exploitative relationship, two cases of rape, one
case of sexual assault and attempted sexual assault, and one case of transactional sex. 678 Five
cases are still pending investigation by the UN and Ghanaian and Nepalese authorities, while
two cases have been finalized.679
One particular case involving 12 members of the Ghanaian Formed Police Unit (FPU)
allegedly involved in sexual activity with women living in the PoC site in Wau attracted
significant attention from the Government of South Sudan, the general public as well as the
local and international media.680
The UN acted speedily on receipt of the complaint on 8 February 2018 and
commenced a preliminary investigation, on 24 February 2018 which resulted in the 46member FPU being recalled from Wau and confined to the base in Juba pending further
investigation.681 A further OIOS investigation substantiated the allegations against eight
individuals resulting in them being repatriated to Ghana and their UN payments being
suspended. A domestic investigation by Ghanaian authorities is pending.682 Due to
insufficient evidence, however, OIOS also found that allegations against four other members
of FPU were unsubstantiated, and therefore the case against them was closed. 683
The swift action taken by the UN which led to an on-site investigation before the
individuals were repatriated has sent a clear signal to anyone who considers engaging in SEA
that such conduct is prohibited and will not be tolerated under any circumstances. In the
Commission’s view, this is how allegations in respect of SEA must be addressed.
The Commission observes, however, that the UN SEA Database currently only
includes incidents of SEA involving UN peacekeeping personnel working in the field
missions. Data in respect of incidents involving the personnel of ‘implementing partners’ i.e.
UN agencies, funds and programmes do not appear. This is likely to result in an under-count
of SEA cases, with the actual number of SEA incidents likely to be significantly higher.
During the course of its work, the Commission received allegations of such an incident,
which is currently under investigation as per established procedure. 684
In December 2017, the Secretary-General’s Victims’ Rights Advocate visited
UNMISS in Juba and Malakal and met with the SEA victims, communities, civil society,
UNMISS leaders and other relevant stakeholders, including the Coordinator of the
Commission on Human Rights in South Sudan. 685 The Victims’ Rights Advocate has
appointed a Field Advocate as her representative in South Sudan, who has been working to
ensure that legal, medical, psychological and other services are provided to the victims of
674
Voluntary Compact available at https://www.un.org/preventing-sexual-exploitation-and-abuse/content/voluntary-compact (last
accessed 23 January 2019).
675 Special measures for protection from sexual exploitation and abuse, A/72/751, 15 Feb 2018, paras. 34-47.
676 The number of alleged UN military perpetrators has not been yet established.
677 https://conduct.unmissions.org/table-of-allegations.
678 https://conduct.unmissions.org/table-of-allegations.
679 One case was closed by the UN as the allegations were unsubstantiated due to insufficient evidence, and another case described
concerned the 12 members of the Ghanaian Formed Police Unit.
680 See e.g. Reuters, “U.N. South Sudan mission recalls police unit over sex abuse allegations”, 24 February 2018.
681 UNMISS, UNMISS acts on allegations of sexual exploitation against formed police unit, 24 February 2018.
682 https://conduct.unmissions.org/table-of-allegations.
683 https://conduct.unmissions.org/table-of-allegations.
684 Confidential Meetings, 27 and 30 January 2019.
685 Confidential Report by the Office of the Victims’ Rights Advocate - Assistant Secretary-General, Mission Report: South Sudan
3 to 8 December 2017.
97
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