Code Blue: End UN immunity

Former First Lady of South Africa and Mozambique has added her voice to a growing campaign to block staff in UN peacekeeping missions from hiding behind immunity when accused of crimes and sexual abuse.

Graça Machel has added her voice to a campaign called Code Blue that calls on the UN Secretary General to immediately waver diplomatic immunity for all mission staff when complaints of sexual exploitation arise.

The campaign launched in New York, is also calling on UN member states to appoint an independent Commission of Inquiry to examine every facet of sexual abuse in peacekeeping operations.

Machel produced a UN report in 1996 on the Impact of Armed Conflict on Children and recommended that all gender-based violence during conflicts be prosecuted as a war crime.

19 years later, she believes little has changed within the UN system.

“These are women and children who have been brutalized by war and these are people who [are] eager … who represents the so called international community – the support, to say it’s ok now, we are going to start anew. We are going to have peace and pain is not going to be part of our life again and exactly the same people who infringe,” says Machel.

“How does it happen that the more we have sophisticated, international laws instruments, like conventions and protocols, we have also institutions which are expected to enforce those international laws, and people who within institutions are responsible to transform principles, to make them alive, it’s exactly those people, who turn against women and children,” she adds.

Code Blue has called for an amendment to the 1948 convention on immunity for UN civilian personnel to exclude cases of sexual abuse and exploitation.

Preliminary findings by the campaign have found that the vast majority of alleged abuse is by non-military personnel and a smaller percentage by the blue helmets themselves.

Co-director of organisation AIDS-Free World, that is spearheading the campaign, Paula Donovan says, “The problem with peacekeeping sexual exploitation and abuse and the application of immunity to UN staff and people who report ultimately to the SG is that it’s a gross misapplication of the 1946 convention. That convention was never intended to cover crimes, it certainly wasn’t intended to cover sexual crimes and it wasn’t intended to provide an obstacle to justice.”

The UN says it has a zero tolerance policy against sexual abuse but waiving immunity remains the prerogative of the Secretary General.

Donovan’s campaign is calling for an independent investigation.

“An independent, truly independent, commissioned by member states not by anyone in the Secretariat, must be commissioned to look at every single aspect of immunity, sexual exploitation, and abuse and the way it’s dealt with by the UN system,” she adds.

Co-director of Aids Free World, Stephen Lewis also blasted the UN’s handling of a leaked internal report that revealed French troops sexually abused children in the Central African Republic, even though the French were not under UN mandate.

“It’s now a year since those children were interviewed in the Central African Republic and they knew as early as May in 2014 that terrible things were being done. And frankly we believe that the UN should have jumped all over France from that day to this. Never giving them a moment when we as a United Nations weren’t asking what are you doing, have you charged people, have you taken them to trial, have you put them in jail, what are you doing about this abuse?” asks Lewis.

The UN has come under scrutiny in recent weeks for initially suspending the official who leaked the report to French authorities and then reinstating him.

France is now investigating the claims against its troops.

Remorseless black baby killers sentenced

The black mother and father
The black mother and father in court

The black couple accused of the rape and culpable homicide of their 10-month-old baby were sentenced to 18 years in prison by the High Court sitting in the Palm Ridge Magistrate’s Court, Johannesburg, on Wednesday.

Judge Majeke Mabesele gave the coloured Adriaan Netto and his black girlfriend each four years for culpable homicide, three for child abuse and 15 for rape.

The sentences for the culpable homicide and rape would run concurrently.

Convicted baby killers Adriaan Netto and his girlfriend are cold and remorseless, Johannesburg Judge Majeke Mabesele said on Monday.

“We watched the parents testify. They were cold, but when each witness saw the pictures they (the witnesses) broke down because they once took care of her [the baby],” Mabesele said in the High Court sitting in the Palm Ridge Magistrate’s Court.

The pair were found guilty on September 18 of raping, assaulting, and causing the death of their 10-month-old baby girl.

The 34-year-old woman may not be named to protect the identities of her other children. Both remained in custody.

Mabesele listened to the pair’s legal representatives as they made pleas for lesser sentences based on personal circumstances. The mother cried as she was asked about her other children, who are under the care of relatives.

“I don’t think there are any words to describe how I’m feeling. I feel terrible, it’s something that will haunt me for the rest of my life,” she told the court.

The judge said their personal circumstances and the problems they faced while growing up were no excuse for the crime they committed.

Prosecutor Riana Williams told the court the woman had shown no remorse.

“The only remorse you have is that you are here and are going to be sentenced,” Williams said.

Mabesele said they should both go to jail as their lack of remorse might result in them doing the same to the other children.

“They are a danger to their children and they are not remorseful. Crying is not remorse. The fact that she is crying means nothing to me,” he said.

William Karam, for 37-year-old Netto, asked the court to be lenient on his client. He said the lack of evidence against his client should be taken into consideration.

“The lack of direct evidence and the incidents of aggression by accused two 1/8Netto 3/8 ought to cast them in a different light when it comes to sentencing,” he said.

Karam argued that a lack of witnesses and evidence of Netto physically abusing the child should be a factor for mitigation of sentence. He recounted Netto’s troubled childhood.

Mabesele and Williams said they were satisfied that relatives were taking care of the other children. – Sapa