Annan names experts to explore expanding accountability of UN peacekeepers

In a follow-up to a report on the inability of the United Nations to waive the immunity of peacekeepers accountable only to their own governments, Secretary-General Kofi Annan has appointed five experts to recommend the best ways for the international community to hold to account those who commit crimes, especially sexual abuse and exploitation.

The project is among the wide range of recommended actions proposed by Prince Zeid Ra'ad Zeid Al-Hussein, Secretary-General Kofi Annan's Adviser on Sexual Exploitation and Abuse by United Nations Peacekeeping Personnel, in a report submitted to the Secretary-General and adopted by the General Assembly last June.

The experts, recruited on the basis of their expertise in criminal law, extradition law, cooperation between countries in criminal matters, international human rights law and UN privileges and immunities, began work at UN Headquarters this month. They are expected to submit to Mr. Annan next January recommendations that he will in turn transmit to the 191-member General Assembly.

The Secretary for the Group of Experts is former United Nations legal affairs official Sinha Basnayake of Sri Lanka. The other members are Enver Daniels of South Africa, Veronika Milinchuk of Russia, Jean-Pierre Picca of France, Suesan Sellick of Australia and Lionel Yee of Singapore. The initiative is funded by the Government of Norway.

Those serving in UN peacekeeping operations have "functional immunity" so as to ensure the independence of their work.

Prince Zeid noted, however, that the absence of a functioning judicial system in some war-wracked peacekeeping territories meant that immunity could not be waived in those jurisdictions. As a result, there was a risk that members of UN missions might effectively be exempt from the consequences of their criminal acts.

He pointed to legal problems that had occurred among the military and civilian personnel of a wide range of countries from all parts of the world and said their representatives in New York had all too often maintained silence because of shame. But, he added, the silence itself is shameful.

He recommended that the UN take action in four broad areas: standard of conduct rules; investigation procedures; organizational, managerial and command responsibility; and individual disciplinary, financial and criminal responsibility.

Over the past 20 months, more than 221 peacekeepers have been investigated, 10 civilians have been fired and over 88 uniformed personnel repatriated, Under-Secretary-General for Peacekeeping Jean-Marie Guéhenno told the General Assembly's Special Political and Decolonization (Fourth) Committee last week.