20 Children’s Legal Rights Journal [Vol. 38: 1 2018]
been accused of SEA of children in CAR along with particular peacekeepers from France, Gabon
and Burundi. 91 There was also a report of such SEA against one child victim who alleged that her
SEA by a peacekeeper occurred in March 2016.92 Some of the specific details of certain instances
of alleged SEA involve such vile sexual abuse of children that the peacekeeper perpetrator conduct
has been described by France's UN Ambassador François Delattre as “sickening and odious.” 93
This author is in accord with the Code Blue Campaign that immunity for international
peacekeeper perpetrators of SEA should also be eliminated where these persons are part of the
UN’s non-military personnel; that is UN-designated experts or officials on Mission. Options in
this regard suggested by the Code Blue Campaign include waiver of that immunity by the UN
Secretary-General, 94 or ideally, an amendment to the text of the UN Convention on Immunities
and Privileges95 so as to explicitly preclude immunity for any international peacekeepers who
commit SEA or sex trafficking offenses against children and other victims. Another option the
Code Blue Campaign suggests is to simply reinterpret the existing UN Immunities Convention to
preclude immunity for UN international peacekeeper SEA. 96
This discussion turns next to a consideration of the apparent failure, to date, to consider the
child victim’s interest and right to participate more fully in accountability measures taken against
( i) international peacekeeper perpetrators of SEA of children, and against (ii) the troop -
contributing States that decline to investigate and, where warranted, prosecute these cases against
their own nationals.
5. THE FAILURE TO CONSIDER THE CHILD VICTIMS’ RIGHT TO MORE FULLY
PARTICIPATE IN ACCOUNTABILITY MEASURES RELATING TO
INTERNATIONAL PEACEKEEPER SEA
One striking aspect of certain of the various reports previously discussed 97 (regarding
suggestions for reform to ensure greater peacekeeper perpetrator accountability for SEA) is that
the suggestions do not discuss ( i) the child victim’s right to participate in accountability
mechanisms beyond the investigation stage or (ii) the necessary supports for children in this regard.
The child victims of international peacekeeper SEA, through their participation in judicial and
quasi-judicial international legal mechanisms, could potentially have the opportunity to restore
91 United Nations widens sex abuse inquiry into peacekeepers in CAR, THE GUARDIAN (Mar. 31, 2016),
92 Sneha Shankar, UN Probes Allegations of Sexual Abuse by Peacekeepers in the Central African Republic; US Group
Says 98 Girls Abused, INT’L BUS. TIMES (Mar. 31, 2016), http://www.ibtimes.com/un-probes-allegations-sexual-
93 'Sickening' sex abuse alleged in CAR by UN peacekeepers, AL JAZEERA (Mar. 31, 2016),
94 Fact Sheet, supra note 10.
95 Id.; See also G.A. Res. 4, CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS at IV-VI,
(Feb. 13, 1946), supra note 9.
96 Fact Sheet, supra note 10.
97 Reports or measures such as, for instance, the independent Deschamps Dec. 17, 2015 investigation report; the Code
Blue Campaign Mar. 30, 2016 report on SEA in CAR as well as the UN Security Council Mar. 11, 2016 special
measures in response to the Deschamps report (respectively supra notes 6, 88, and 59).