The US military has a problem with sexual violence. That's the
conclusion of the Universal Periodic Review Panel, a UN panel that aims
to address the human rights records of the 193 UN member states. This is
the second time that the panel has scrutinized the United States; the
first was in 2010, when the list of concerns included detention in
Guantanamo Bay, torture, the death penalty, and access to health care.
Its latest report came out
Monday morning, and there was a surprising addition to the predictable laundry list of US human rights violations.
In
one of 12
final recommendations,
the UN Council urged the US military "to prevent sexual violence in the
military and ensure effective prosecution of offenders and redress for
victims." Other recommendations included stopping the militarization of
police forces, closing Guantanamo Bay, ending the death penalty, and
stopping NSA surveillance of citizens.
For years
US lawmakers and activists have complained about sexual assault in the
military, but this is the first time the United Nations has addressed
the issue
.
Representatives from Denmark and Slovenia were especially outspoken in their
criticism
of the United States for not doing enough to prevent and prosecute
alleged cases of sexual assault. Vojislav Šuc, Slovenia's representative
, encouraged
the US to "redouble efforts to prevent sexual violence in the military
and ensure protection of offenders and redress for victims."
Stephanie Schroeder, a military sexual-assault survivor who traveled
to Geneva for the hearing, said in a press release, "Today's outcome
shows that redress can be won before the UN—and hopefully lead to
meaningful change back home."
The UN panels likely decided to investigate US military sexual
violence in response to a report last year from the Service Women's
Action Network and Cornell Law School's Avon Global Center for Women and
Justice and the Global Gender Justice Clinic. It analyzed statistics
from the Department of Defense, survivors' stories from federal cases,
and interviews with survivors.
The
report
concluded,
"In cases where an act of sexual assault has already been committed in
the military, the U.S. oftentimes fails to promptly and impartially
prosecute and effectively redress the assault and thereby violates
servicemen and women's rights under international law."
The UN Human Rights Council evaluation targeted the military's
reporting
process, in which the decision of whether to prosecute cases of alleged
sexual assault or harassment is left to superiors in the chain of
command rather than an outsider with experience in sexual assault. For
years, activists and lawmakers in the United States have tried to change
this
protocol—but leaders in the military have balked
at
bringing civilians into bases and military academies to investigate
alleged assaults. Advocates say that commanders should not be in charge
of handling these cases, since they are not trained in legal or criminal
matters and often directly supervise both the victim and the
perpetrator. Victims often are afraid to report the assault, fearing
retribution or inaction. In a 2014 RAND Corporation survey of service
members who reported sexual assaults, 62 percent of those who responded
claimed they experienced social or professional retaliation after reporting unwanted sexual harassment, including being fired.
Denmark's representative to the UN Human Rights Council, Carsten Staur,
recommended
"removing from the chain of command the decision about whether to
prosecute cases of alleged assault." His comments marked the "first
time that a human rights body has called upon the U.S. to remove key
decision-making authority from the chain of command in cases alleging
sexual violence," noted Liz Brundige, the Avon Global Center's director,
in a press release.
The State Department, the Pentagon, and the US representative to the
United Nations did not respond to requests for comment on the council
report.
When the UN Human Rights Council last reviewed the United States in 2010, the US government
promised
to respond to all of the recommendations—including improvements to
health care, criminal justice, and other areas of concern—with a written
report of goals. This year, the UN Human Rights Council
commended
the US for six areas of "positive achievement," including strengthening
the social welfare system in the United States, creating a task force
on 21st-century policing, taking some measures to address violence
against women, upholding some of the rights of LGBT individuals,
improving access to health care, and releasing details on CIA
interrogation techniques. When the panel reviews the United States
again, the US will have to update the United Nations on its progress on
sexual assault in the military.
Of course, the problem of military sexual assault is not limited to
the United States. Last year, Swedish UN official Anders Kompass
leaked
to French authorities an internal investigation detailing allegations
that French soldiers on a peacekeeping mission in the Central African
Republic raped children and traded food for sex. Kompass said that he
leaked the report because he was concerned that the United Nations would
not disclose its findings or take action. Just last week, after the
report was
revealed by the
Guardian, French prosecutors
launched
an investigation into the allegations. The whistleblower is now under
internal investigation, according to the UN secretary general's office,
for a "serious breach in protocol" and risking victims' privacy. French
President Francois Hollande has
declared he "will be merciless" if the allegations are proven true.