The Registrar
Le Greffier

REGISTRAR’S SPECIAL ADDRESS TO STAFF MEMBERS ON THEIR ETHICAL DUTIES AND OBLIGATIONS

GENERAL STAFF MEETING

Simba Hall, 20 May 2005
13h00

Dear Colleagues,

I would like to thank you all for being present at this general meeting on such a short notice. Today’s special address aims at reminding you about your ethical duties and obligations vis-à-vis the Tribunal and the United Nations Organization while performing the assignment for which you have been recruited, irrespective of the place or your duty stations. 

Two series of events that have recently occurred justify my calling of this meeting.

As you may recall, since the beginning of my tenure as Registrar of the ICTR in 2001, I have made it as part of my mandatory duties, to hold a general staff meeting at least once every year in order to provide you with ongoing state of affairs of the ICTR.

I have also made sure to seize the same opportunity to underscore to all the staff of this Tribunal, the ethical expectations of the management regarding what they are supposed to do in order to help the Tribunal achieve its mandate, through their daily private and professional conduct.

I have been very disturbed and puzzled by the recent occurrences. These indicate that some of the ICTR staff members have not yet understood the importance that the United Nations Organization and the management of this Tribunal attach to the values of integrity, professionalism and respect of diversity and gender. These values are key attributes for quality staff and are required by the ICTR in upholding the United Nations Competency standards in order to achieve the goals that have been entrusted to us.

You may wish to recall that in my address to you in February of this year, I once again stressed that ICTR staff members in Kigali, Arusha and The Hague should always remember that we are guests of the Tanzanian, Rwandan and Dutch Governments.

I recall that in my February address as well as in the previous ones, I emphasized that our private conduct should always reflect the respect that we have for the laws and customs of our hosting lands. I invited you to ensure that both your personal and professional behaviour as well as that of your dependents are beyond reproach in order to ensure continuous positive perception of the Tribunal. 

My first major concern stemmed from the recent publication of an article in the New Times journal of Kigali in Rwanda. The said article narrates an incident which dates back a week before and during which a Rwandese lady allegedly caused disorder at the ICTR Office premises at Kigali when she came to claim three hundred US Dollars from an investigator. The publication also states that according to the complainant, the investigator had promised to secure a job for her before their relationship turned sour. Following such a report, I requested that immediate investigation be conducted in order to clarify the whole story.

The Panel of investigation that I have established to that effect has done an excellent job by submitting to me its preliminary findings and conclusions. The objective of the investigation was to confirm the veracity or otherwise of the events described in the newspaper article of 11 May 2005. If they are found to be true, the case could be qualified as sexual exploitation in a wider sense and therefore disciplinary measures should be taken against the ICTR employee if he is found to be guilty.

The event prompts me to call for this general meeting of all the staff members in order to remind everybody about the need for all of you to act in your private life in compliance with the special measures for protection from sexual exploitation and sexual abuse that the Secretary-General has promulgated in his Bulletin in 2003, which are found in the ST/SGB/2003/13.

I would like to inform you that I would not tolerate any actual or attempted abuse of your position as UN staff member in taking advantage of the vulnerability, the differential power, or the trust of those of nationals among whom we live or work with, for sexual purposes. Such an un-dignified conduct is unacceptable and will not be tolerated.

Once again, I am hereby instructing the Chief of the Human Resources and Planning Section to make available to all staff members, at the end of this meeting, copies of the said ST, which shall be guiding you in your private dealings and professional conduct, wherever you are on duty. I am also asking him to reinforce the ICTR reporting mechanism, in accordance with the ST to encourage reports on such conduct.

It is important to note that the United Nations Organization has zero tolerance for sexual misconduct of its employees since such occurrences have a tremendous negative impact on the overall integrity and image of the whole Organization. As you know, ICTR is operating in a region where we are called upon to help heal the profound wounds that the atrocious genocide scars have left on the souls, in the minds and on the body of the victims in Rwanda. Moreover, from a geo-strategic viewpoint, ICTR is discharging its mandate in an environment where it is established that some of the UN family members have been found guilty of sexual abuse and exploitation of the most vulnerable populations that they are primarily tasked to assist and protect.

You will therefore agree with me that, any such incident involving any ICTR staff member that has subsequently been widely published in the local press, whether falsely or accurately, would in any event have a very troubling impact on the image of the Tribunal. The ICTR cannot and will not tolerate such misconduct on the part of its staff members. 

In accordance with the Secretary-General’s Bulletin regarding the prohibition of sexual exploitation and sexual abuse, I wish to remind you that sexual exploitation and sexual abuse violate universally recognized international legal norms and standards and have always been unacceptable behaviour and prohibited conduct for United Nations Staff. Such conduct is prohibited by the United Nations Staff Regulations and Rules. In order to further protect the most vulnerable populations, especially women and children, the following specific standards which reiterate existing general obligations under the UN Staff Regulations and Rules have been promulgated as follows:

Sexual exploitation and sexual abuse constitute acts of serious misconduct and are therefore grounds for disciplinary measures, including summary dismissal;

Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief in the age of a child is not a defence;

Exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour, is prohibited. This includes any exchange of assistance that is due to beneficiaries of assistance;

Sexual relationships between United Nations staff and beneficiaries of assistance, since they are based on inherently unequal power dynamics, undermine the credibility and integrity of the work of the United Nations and are strongly discouraged;

Where a United Nations staff member develops concerns or suspicions regarding sexual exploitation or sexual abuse by a fellow worker, whether in the same agency or not and whether or not within the United Nations system, he or she must report such concerns via established mechanisms;

United Nations staff members are obliged to create and maintain an environment that prevents sexual exploitation and sexual abuse. Managers at all levels have a particular responsibility to support and develop systems that maintain this environment;

As Registrar, I am committed to consolidate and maintain an environment in the Tribunal that prevents sexual exploitation and sexual abuse.

For your information, on Thursday 12 May 2005, I was alerted by the Chief of the Division of Administrative and Support Services, about the publication of the story. My first action was to order that an immediate investigation be conducted into this alleged incident. This report might tarnish the reputation of the said staff member and the whole Tribunal and could also trigger a worldwide condemnation of the social behaviour of ICTR staff in Rwanda. By Monday 16 May 2005, I received the Preliminary Report on the Investigation.

From the preliminary conclusions of the investigation, one cannot as a matter of certainty say that sexual exploitation took place. I am prepared to take appropriate action in accordance with established rules and procedures for dealing with cases of staff misconduct, should the story be found to be true or in the event that there is reason to believe that any of the standards as I have just enumerated to you, have been violated or if any behaviour referred to under those standards has occurred. The matter is now under consideration.

Any disciplinary action which might be taken as a result of the ICTR investigation would be communicated to the United Nations Headquarters along with the ICTR investigation into the incident.

My zero tolerance of such appalling and reprehensible conduct is in line with the position expressed recently by the Secretary-General over this kind of conduct within the United Nations Organization.

Generally speaking, it is important for staff members of the Tribunal both in Kigali and Arusha to be well informed that any intimate relationship between a United Nations employee and a female, especially from the host country’s population, based on the financial wherewithal of the ICTR employee, could be qualified as sexual exploitation despite the apparent consent of the female partner. The fact that the victim is economically vulnerable is considered as a factor impeding free consent.

It is public knowledge that there are in Kigali as well as in Arusha staff members who maintain more or less lasting relationships with women of the host countries; such relationships could have been sustained by the financial wherewithal of the ICTR employees. This situation makes them vulnerable to criminal and/or disciplinary prosecution especially at this point in time, when United Nations missions’ staff members are under the spotlight for sexually abusing members of the local population. This is the background to the new zero tolerance approach adopted by United Nations officials.

In these particular circumstances, I would task the Gender Adviser to institute a new awareness campaign within the Tribunal. Apart from activities that the Gender adviser could propose, I shall also and very soon issue a circular to that effect as part of the consolidation of the established reporting mechanism over cases of misconduct on the part of staff members of the ICTR.  Some ICTR senior officials will also be designated at our respective duty stations in Arusha, Kigali, and The Hague. They shall serve as focal points for receiving reports on cases of sexual exploitation and sexual abuse. All reports of sexual exploitation and abuse shall be handled in a confidential manner in order to protect the rights of all persons involved. However, such reports may be used, where necessary, for action taken in the event that there is reason to believe that any of the standards as I cited, have been violated or if any behaviour referred to under those standards, has occurred.

The circular will recall the Code of Conduct governing the activities of United Nations employees which requires them to comport themselves in an irreproachable manner in order not to tarnish their image as well as that of the Organization. The circular will also remind ICTR staff members to uphold high moral standards and will highlight the possible consequences of violating these rules on the future career of employees at this point in time when United Nations employees at several mission stations have been put on a blacklist.          

We cannot afford to have the image of the Tribunal tarnished at this critical phase of our completion strategy as a result of misconduct of some staff members.

We have all noted that the image of the Tribunal has improved drastically. I call upon you to behave in an appropriate manner both professionally and privately in order to maintain the high standards of conduct expected from all ICTR staff members.

This now brings me to my second concern.

On this particular point, I wish to stress that as United Nations Civil Servants, you are representing in your various capacities, the organization that you serve. Therefore, your behaviour at the work place should be beyond reproach.

Some of you are dealing with sensitive matters in relation to witnesses. This assignment requires confidentiality, tact, good attitude, personal discipline and integrity. 

Under the Staff Regulations of the United Nations and Staff Rules pertaining to the duties, obligations and privileges, it is clearly stated that:  “Members of the Secretariat are international Civil Servants. Their responsibilities are not national but exclusively international. By accepting appointment, they pledge themselves to discharge their functions and to regulate their conduct with the interests of the United Nations only”. 

I have received reports that are currently under investigation which indicate that some of the Registry staff who have been entrusted with the delicate assignment of caring for witnesses, may have been involved in conduct that might prejudice and pervert the course of justice. It is alleged that attempts were made to corrupt and induce some witnesses in order to have them change their statements before the Tribunal.

Other Registry staff members are alleged to have hosted family members of detainees in Arusha and to have offered financial assistance to these family members as a result of their close relationship.

In the event that the investigations reveal that these acts have actually occurred, they will constitute acts of serious professional misconduct, which will be subject to disciplinary measures, including summary dismissal and termination of employment. 

I strongly invite you to refrain from any such conduct that would jeopardize the integrity of the trial proceedings and violate your ethical duties and obligations.

Equally important is the need for you to assist the Registry in maintaining its neutrality and impartiality as well as its good image vis-à-vis all the parties involved in the trial proceedings before the Tribunal.

Any professional misconduct would gravely affect the work of the Registry. It would not be conducive to the successful discharge of the Tribunal’s mandate within the completion strategy framework.

I will have zero tolerance for any such misconduct. Those who are involved in such behaviour should expect swift and firm action from the management.

In conclusion, let me reiterate that professional misconduct or non observance of the standards of conduct expected of the ICTR staff members would lead to disciplinary measures, and where applicable, to termination of contract.

Counting on your understanding and usual cooperation, I thank you very much for listening carefully to what I have just said.   

Thank you.