This paper investigates the zero tolerance policy on sexual exploitation and sexual abuse by United Nations peacekeepers as it relates to survival sex in peacekeeping economies. Understanding the policy as a form of discursive power, the analysis seeks to reveal the effects of zero tolerance by asking: what is obscured about survival sex in peacekeeping economies when it is viewed through the lens of zero tolerance, and to whose benefit? The argument is that zero tolerance is a poor policy framework to address peacekeeper engagement in survival sex because it fails to grapple with the complex set of economic circumstances that give rise to survival sex decision-making by girls and women in peacekeeping economies. In light of the failures of zero tolerance, a rights-based approach to survival sex in peacekeeping economies represents a more promising means of addressing the issue to the benefit of local girls and women.
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See, for example, Tom Dannenbaum, ‘Translating the Standard of Effective Control into a System of Effective Accountability: How Liability Should be Apportioned for Violations of Human Rights by Member State Troop Contingents Serving as United Nations Peacekeepers’, Harvard International Law Journal, vol. 51, no. 1, 2010, pp. 113–192; Kate Grady, ‘Sexual Exploitation and Abuse by un Peacekeepers: A Threat to Impartiality’, International Peacekeeping, vol. 17, no. 2, 2010, pp. 215–228; Susan A. Notar, ‘Peacekeepers as Perpetrators: Sexual Exploitation of Women and Children in the Democratic Republic of the Congo’, Journal of Gender, Social Policy and the Law, vol. 14, no. 2, 2006, pp. 413–429; Ray Murphy, ‘An Assessment of un Efforts to Address Sexual Misconduct by Peacekeeping Personnel’, International Peacekeeping, vol. 13, no. 4, 2006, pp. 531–546; and Jennifer Murray, ‘Who Will Police the Peace-Builders? The Failure to Establish Accountability for the Participation of United Nations Civilian Police in the Trafficking of Women in Post-Conflict Bosnia and Herzegovina’, Columbia Human Rights Law Review, vol. 34, no. 2, 2002–2003, pp. 475–527.
See, for example, Sherene Razack, Dark Threats and White Knights: The Somalia Affair, Peacekeeping and the New Imperialism (Toronto: University of Toronto Press, 2004), detailing sexual and non-sexual violence committed by nato peacekeepers against men, women and children during the peacekeeping intervention in Somalia.
As of 31 January 2014, 98,344 un peacekeepers are classified as “uniformed personnel,” including military troops (83,431), police (13,075) and military observers (1,838): United Nations Peacekeeping Operations, available at: http://www.un.org/en/peacekeeping/resources/statistics/.
Alice M. Miller, ‘Sexuality, Violence against Women, and Human Rights: Women Make Demands and Ladies Get Protection’, Health and Human Rights, vol. 7, no. 2, 2004, pp. 16–47, 39.
Otto, ‘Making Sense of Zero Tolerance Policies,’ pp. 260–261. Available anecdotal and statistical evidence indicates that coercive sexual abuse and sexual violence occur relatively more rarely than transactional sex. For un statistics on rape and sexual assault by un personnel see, for example, Report of the Secretary-General on special measures for protection from sexual exploitation and sexual abuse, un Doc. A/62/890, 25 June 2008, available at: http://www.un.org/en/pseataskforce/tools_prevent.shtml#SpecialMeasures [Bulletin Report 2008]. See also the unhcr-Save uk Report, pp. 75 and 83–84, where researchers found that “sexual violence,” defined by the absence of consent, was “less widespread” than “sexual exploitation” which they found primarily involved the exchange of humanitarian aid for sex under conditions where consent was “not fully informed.”
Vanessa L. Kent, ‘Peacekeepers as Perpetrators of Abuse’, African Security Review, vol. 14, no. 2, 2005, pp. 85–92. See also Mark Duffield, Global Governance and the New Wars: The Merging of Development and Security (London: Zed Books, 2001).
Orford, ‘The Politics of Collective Security’, p. 379. See also Graça Machel, The Impact of War on Children (London: Hurst and Young, 2001), p. 58.
Notar, ‘Peacekeepers as Perpetrators’, p. 413. See also Nicola Dahrendorf, Sexual Exploitation and Abuse: Lessons Learned Study (New York: dpko, 2006), para. 70.
Angela Mckay, Gender and Peacekeeping Operations: Generic Training (New York: United Nations, 2001), p. 3.
Otto, ‘Making Sense of Zero Tolerance Policies,’ pp. 259–260.
Otto, ‘Making Sense of Zero Tolerance Policies,’ p. 268. Otto notes, at p. 262, that “over a decade of discussion of peacekeeping sexual economies is notable for its lack of interest in distinguishing between coerced and voluntary sexual activities, between forced prostitution and sex work, and between those ‘trafficked’ women who are seeking to migrate and those who are forced to move.”
See Ratna Kapur, Erotic Justice: Law and the New Politics of Postcolonialism (London: Glasshouse Press, 2005) pp. 114–120. See also Anna M. Agathangelou and L.H.M. Ling, ‘Desire Industries: Sex Trafficking, un Peacekeeping and the Neo-Liberal World Order’, Brown Journal of World Affairs, vol. 10, no.1, summer/fall 2003, pp. 133–148, who note, p. 133, “peacekeeping by multilateral organizations like the United Nations…reinforces a neo-liberal world order that is, on the whole, de-historicized…leaving in place an old colonial script in which the West saves hapless refugees from their fates” (citing in part Sherene Razack, ‘From the Clean Snows of Petawawa: The Violence of Canadian Peacekeepers in Somalia’, Cultural Anthropology, vol. 15, no.1, 2000, pp. 127–163.)
Mats Utas, ‘Victimcy, Girlfriending, Soldiering: Tactic Agency in a Young Woman’s Social Navigation of the Liberian War Zone’, Anthropological Quarterly, vol. 78, no. 2, spring 2005, pp. 403–430, who notes, p. 405, the “binary opposition between peaceful women and violent men runs deep in Western emotio-histories – a point that is obvious…[in] both popular and scholarly writing dealing with gender in wars and violent conflicts.”
Cynthia Enloe, Maneuvers: The International Politics of Militarizing Women’s Lives (Berkeley: University of California Press, 2000), p. xiii. See also A.B. Fetherston, ‘un Peacekeepers and Cultures of Violence’ Cultural Survival Quarterly, vol. 19, no. 1, spring 1995, pp. 19–23; Cynthia Cockburn and Meliha Hubic, ‘Gender and the Peacekeeping Military: A View from Bosnian Women’s Organizations’ in Cynthia Cockburn and Dubravka Zarkov (eds.), The Postwar Moment: Militaries, Masculinities and International Peacekeeping (London: Lawrence and Wishart, 2002), pp. 103–127; Paul Higate and Marsha Henry, ‘Engendering (In)security in Peace Support Operations’, Security Dialogue, vol. 34, no. 4, December 2004, pp. 481–498.
Foucault cited in Otto, ‘Making Sense of Zero Tolerance Policies’, p. 264. Dianne Otto, ‘The Sexual Tensions of un Peace Support Operations: A Plea for ‘Sexual Positivity”, Finnish Yearbook of International Law, vol. 18, 2007, pp. 33–57, 40, notes the importance of distinguishing conflict and post-conflict scenarios when making objective assessments about consent and coercion, stating, “[w]hile the objective presence of coercive circumstances may well be enough to demonstrate lack of consent when sexual violence occurs in the context of genocide, armed conflict or crimes against humanity, where extreme coercive circumstances are one of the elements of the overall crime…it is important to distinguish the post-conflict situation….” where the presence of “coercive circumstances” is not so easily defined.
Jennings, Protecting Whom?, p. 7. See also Higate, ‘Revealing the Soldier’, p. 5.
See also Barbara Harrell-Bond, ‘Can Humanitarian Work with Refugees be Humane?’ Human Rights Quarterly, vol. 24, no. 1, February 2002, pp. 51–85, who provides relevant analysis of the failures of the un model of humanitarian assistance, a system that she argues is dependent on the helplessness of recipients and the authority of the humanitarian workers to control the distribution of aid, such that for refugees, ingratiating oneself to humanitarian workers becomes a survival strategy.
Utas, ‘Victimcy, Girlfriending, Soldiering’, p. 406. Although Utas’ analysis is set in the context of the Liberian Civil War, his insights on victimhood, empowerment and agency are useful in the peacekeeping context. The failure of the zero tolerance policy to recognize survival sex as a coping mechanism stands in contrast to the unhcr-Save uk Report, p. 40, where researchers frame survival sex between peacekeepers and local woman and girls in just those terms, describing such encounters as “survival and coping mechanisms.”
See Sarah W. Spencer, ‘Making Peace: Preventing and Responding to Sexual Exploitation by United Nations Peacekeepers’, Journal of Public and International Affairs, vol. 16, spring 2005, pp. 167–181, 171.
Otto, ‘Making Sense of Zero Tolerance Policies,’ pp. 265–66.
Barth, ‘The United Nations Mission in Eritrea/Ethiopia’, pp. 14–15. Sphere Project, Humanitarian Charter and Minimum Standards in Disaster Relief (Oxfam Publishing: Oxford, 2004), pp. 40–41.
Otto, ‘Making Sense of Zero Tolerance Policies’, p. 261. On the failures of un model of humanitarian aid, see generally Brett D. Schaefer (ed.), ConUNdrum: The Limits of the United Nations and the Search for Alternatives (Maryland: Rowman and Littlefield Publishers Inc., 2009); and Harrell-Bond, ‘Can Humanitarian Work with Refugees be Humane?’
Miller, ‘Sexuality, Violence against Women, and Human Rights’, p. 30, observing that through “10 years of reporting on sexual harm by mainstream human rights groups, the difficulty of bringing attention to interrelated rights (health-oriented protections, enabling conditions for labor, political equality for women, and so on) while telling stories of sexual harm is painfully clear.”
Miller, ‘Sexuality, Violence against Women, and Human Rights’, p. 12. See also Childs et. al., Beyond Decriminalization.
Patricia Connell, ‘Understanding Victimization and Agency: Considerations of Race, Class and Gender’ Political and Legal Anthropology Review, vol. 20, no. 2, 1997, pp. 116–143, 121.
Utas, ‘Victimcy, Girlfriending, Soldiering’, p. 406. On women as wartime agents, see, for example, Rory Carroll, ‘Everyone is Afraid of Her’” The Guardian, 25 August 2003, available at: http://www.guardian.co.uk/world/2003/aug/25/gender.uk; Miranda Alison, ‘Women as Agents of Political Violence: Gendering Security’, Security Dialogue, vol. 35, no. 4, December 2004, pp. 447–463; Meredeth Turshen and Clotilde Twagiramariya (eds.), What Women do in Wartime: Gender and Conflict in Africa (London: Zed Books Ltd., 1998).
Utas, ‘Victimcy, Girlfriending, Soldiering’, p. 407, drawing from Alcinda Honwana, Innocents et Coupables: les Enfants-Soldats Comme Acteurs Tactiques’, Politique Africaine, vol. 20, 2000, pp. 58–78. Tactic agency is contrasted with strategic agency, which is “an agency for those who can forecast future states of affairs and have the possibility to make use of other people’s tactical agency.”
Utas, ‘Victimcy, Girlfriending, Soldiering’, p. 408, developing the work of Henrik Vigh, Navigating Terrains of War: Youth and Soldiering in Guinea Bissau (PhD Thesis) (Copenhagen: Institute of Anthropology, 2003) who states, p. 136: “strategy is the process of demarcating and constituting space and tactics the process of navigating them.”
Miller, Fostering Enabling Legal and Policy Environments to Protect the Health and Human Rights of Sex Workers, p. 12.
Rekart, ‘Sex-work harm reduction’, p. 2123, who explains the importance of context: “In some societies sex work is legal or decriminalized; sex workers have access to health and social services; and they are not heavily stigmatized or economically destitute. Alternatively, sex work could be a survival tactic during severe societal disruption when no services are available and life necessities are scarce. Most societies exist between these extremes and sex-work harms thus vary from place to place.”
See, for example, Rekart, ‘Sex-work harm reduction’, p. 2124; Wolffers and van Beelen, ‘Public Health and the Human Rights of Sex Workers’; unaids, Sex work and hiv/aids (Geneva: Joint United Nations Programme on hiv/aids, 2002). But see Childs et. al., Beyond Decriminalization, p. 112: “Although it is commonly believed that sex workers are “vectors” of disease, Canadian health research indicates that the majority of sex trade workers who acquire hiv through sexual contact contracted it through unprotected sex with a male intravenous drug user who was an intimate partner, not through a client.”
See Rekart, ‘Sex-work harm reduction’, p. 2128. Such initiatives would further contribute to the realization of “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” guaranteed by the icescr, art. 12.
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This paper investigates the zero tolerance policy on sexual exploitation and sexual abuse by United Nations peacekeepers as it relates to survival sex in peacekeeping economies. Understanding the policy as a form of discursive power, the analysis seeks to reveal the effects of zero tolerance by asking: what is obscured about survival sex in peacekeeping economies when it is viewed through the lens of zero tolerance, and to whose benefit? The argument is that zero tolerance is a poor policy framework to address peacekeeper engagement in survival sex because it fails to grapple with the complex set of economic circumstances that give rise to survival sex decision-making by girls and women in peacekeeping economies. In light of the failures of zero tolerance, a rights-based approach to survival sex in peacekeeping economies represents a more promising means of addressing the issue to the benefit of local girls and women.
All Time | Past Year | Past 30 Days | |
---|---|---|---|
Abstract Views | 1298 | 126 | 6 |
Full Text Views | 291 | 12 | 0 |
PDF Views & Downloads | 278 | 26 | 0 |