By Matthew Russell Lee
UNITED NATIONS, April 22 -- The UN claims to have a “zero tolerance” policy on sexual abuse or exploitation by its personnel. But does it?
On April 22, about Haiti, Inner City Press asked Secretary General Ban Ki-moon's spokesman:
Inner City Press: it goes back to February, where a Canadian UN police officer from Haiti was accused of sexual abuse or exploitation and left the country. Now it is being pointed out that, particularly under Canadian law, he can’t be charged in Canada for alleged crimes committed outside of the country, and so human rights lawyers and others are saying this is a blind spot in the UN’s accountability system. One, what’s happened to the individual that was accused of this, or was said to be, left the country in the face of the charge in February? And two, is it in fact the case, how can the UN say that he could be charged in Canada if Canadian law seems to prohibit that?
Spokesperson Martin Nesirky: I’d have to check on that, Matthew. I am aware that an individual did leave Haiti earlier this year, but I need to check on the details.
Although the existence of an outright loophole even in the UN's stated policies seems evident, Inner City Press waited to write the story. After 5 pm, Ban's spokesperson's office told Inner City Press:
Subject: On your MINUSTAH question.
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Mon, Apr 22, 2013 at 5:29 PM
To: Matthew.Lee [at] innercitypress.com
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Mon, Apr 22, 2013 at 5:29 PM
To: Matthew.Lee [at] innercitypress.com
DPKO says that the case is still under investigation by the Canadian authorities.
Typical for DPKO under Herve Ladsous, this doesn't answer the loophole or blind-spot question actually asked, “how can the UN say that he could be charged in Canada if Canadian law seems to prohibit that?”
See, for example, this CBC report:
“The case is complicated by the fact a police officer was involved — and not a member of the military. Soldiers can be tried in a military court, but under U.N. rules, civilian staff – including police officers – cannot be charged in Canada if a crime is committed abroad. Once back in Canada, they cannot be charged for a crime committed abroad. Once back in Canada, they cannot be charged for a crime committed abroad.”
That's what Canadian media say. So the UN is just putting off acknowledging or addressing this loophole in criminal prosecution, perhaps hoping that people just forget about it. Watch this site.
