Nations
Secretariat
9 ST/SGB/2003/13
United October 2003
Secretary-Generals Bulletin
Special measures for protection from sexual exploitation and
s exual abuse
T he Secretary- General, for the purpose of preventing and addressing cases of
sexual exploitation and sexual abuse, and taking into consideratio n General
Assembly resolution 57/306 of 15 April 2003, Investigation into sexual
exploitation of refugees by aid workers in West Africa, promulgates the following
i n consultation with Executive Heads of separately administered organs and
programmes of th e United Nations:
Section 1
Definitions
F or the purposes of the present bulletin, the term sexual exploitation means
a ny actual or attempted abuse of a position of vulnerability, differential power, or
t rust, for sexual purposes, including, but not l imited to, profiting monetarily,
s ocially or politically from the sexual exploitation of another. Similarly, the term
sexual abuse means the actual or threatened physical intrusion of a sexual nature,
whether by force or under unequal or coercive condit ions.
Section 2
Scope of application
2.1 T he present bulletin shall apply to all staff of the United Nations, including
staff of separately administered organs and programmes of the United Nations.
2.2 United Nations forces conducting operations under United Nations command
a nd control are prohibited from committing acts of sexual exploitation and sexual
a buse, and have a particular duty of care towards women and children, pursuant to
section 7 of Secretary- Generals bulletin ST/SGB/1999/13, entitled Observance by
United Nations forces of international humanitarian law.
2.3 S ecretary-Generals bulletin ST/SGB/253, entitled Promotion of equal
t reatment of men and women in the Secretariat and prevention of sexual
h arassment, and the related administra tive instruction 1 set forth policies and
procedures for handling cases of sexual harassment in the Secretariat of the United
Nations. Separately administered organs and programmes of the United Nations
h ave promulgated similar policies and procedures.
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C urrently ST/AI/379, entitled Procedures for dealing with sexual harassment.
03-55040 (E) 101003
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ST/SGB/2003/13
Section 3
Prohibition of sexual exploitation and sexual abuse
3.1 S exual exploitation and sexual abuse violate universally recognized
i nternational legal norms and standards and have always been unacceptable
behaviour and prohibited conduct for United Natio ns staff. Such conduct is
prohibited by the United Nations Staff Regulations and Rules.
3.2 In order to further protect the most vulnerable populations, especially women
a nd children, the following specific standards which reiterate existing general
obliga tions under the United Nations Staff Regulations and Rules, are promulgated:
(a) Sexual exploitation and sexual abuse constitute acts of serious misconduct
and are therefore grounds for disciplinary measures, including summary dismissal;
(b) S exual activity with children (persons under the age of 18) is prohibited
r egardless of the age of majority or age of consent locally. Mistaken belief in the
a ge of a child is not a defence;
(c) E xchange 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
a ssistance;
(d) S exual relationships between United Nations staff and beneficiaries of
a ssistance, since they are based on inherently unequal power dynamics, undermine
t he credibility and integrity of the work of the United Nations and are strongly
discouraged;
(e) Where a United Nations staff member develops concerns or suspicions
r egarding 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
m ust report such concerns via established reporting mechanisms;
(f) United staff Nations are obliged t o create and maintain an environment
t hat prevents sexual exploitation and sexual abuse. Managers at all levels have a
particular responsibility to support and develop systems that maintain this
environment.
3.3 T he standards set out above are not intende d to be an exhaustive list. Other
t ypes of sexually exploitive or sexually abusive behaviour may be grounds for
a dministrative action or disciplinary measures, including summary dismissal,
pursuant to the United Nations Staff Regulations and Rules.
Section 4
D uties of Heads of Departments, Offices and Missions
4.1 The Head of Department, Office or Mission, as appropriate, shall be responsible
for creating and maintaining an environment that prevents sexual exploitation and
sexual abuse, and shall take a ppropriate measures for this purpose. In particular, the
Head of Department, Office or Mission shall inform his or her staff of the contents of
the present bulletin and ascertain that each staff member receives a copy thereof.
4.2 T he Head of Department, O ffice or Mission shall be responsible for taking
a ppropriate action in cases where there is reason to believe that any of the standards
l isted in section 3.2 above have been violated or any behaviour referred to in section
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ST/SGB/2003/13
3.3 above has occurred. This acti on shall be taken in accordance with established
r ules and procedures for dealing with cases of staff misconduct.
4.3 T he Head of Department, Office or Mission shall appoint an official, at a
sufficiently high level, to serve as a focal point for receiving r eports on cases of
sexual exploitation and sexual abuse. With respect to Missions, the staff of the
Mission and the local population shall be properly informed of the existence and
r ole of the focal point and of how to contact him or her. All reports of s exual
exploitation and sexual abuse shall be handled in a confidential manner in order to
protect the rights of all involved. However, such reports may be used, where
n ecessary, for action taken pursuant to section 4.2 above.
4.4 T he Head of Department, O ffice or Mission shall not apply the standard
prescribed in section 3.2 (b), where a staff member is legally married to someone
under the age of 18 but over the age of majority or consent in their country of
citizenship.
4.5 T he Head of Department, Office or Mission may use his or her discretion in
a pplying the standard prescribed in section 3.2 (d), where beneficiaries of assistance
a re over the age of 18 and the circumstances of the case justify an exception.
4.6 T he Head of Department, Office or Mission shall promptly inform the
D epartment of Management of its investigations into cases of sexual exploitation
a nd sexual abuse, and the actions it has taken as a result of such investigations.
Section 5
Referral to national authorities
If, after proper i nvestigation, there is evidence to support allegations of sexual
exploitation or sexual abuse, these cases may, upon consultation with the Office of
L egal Affairs, be referred to national authorities for criminal prosecution.
Section 6
Cooperative arra ngements with non -United Nations entities or individuals
6.1 When entering into cooperative arrangements with non -United Nations entities
or individuals, relevant United Nations officials shall inform those entities or
i ndividuals of the standards of cond uct listed in section 3, and shall receive a written
undertaking from those entities or individuals that they accept these standards.
6.2 T he failure of those entities or individuals to take preventive measures against
sexual exploitation or sexual abuse, t o investigate allegations thereof, or to take
c orrective action when sexual exploitation or sexual abuse has occurred, shall
c onstitute grounds for termination of any cooperative arrangement with the United
Nations.
Section 7
Entry into force
T he present bulletin shall enter into force on 15 October 2003.
(Signed ) Kofi A. A nnan
S ecretary-General
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