各国特遣队军事人员须遵守《十条》和《我们是联合国维持和平者》文件规定的各项标准(见上文第A.18至A.19段)。
Military members of national contingents are subject to the standards of conduct set out in the Ten Rules and in We Are United Nations Peacekeepers (see paras.
A.18 and A.19 above).
这些文件已分发给联合国全体维和人员,并在送交有关部队派遣国的因特派团而异的《部队派遣国部署军事部队准则》中印发。
Those documents are distributed to all United Nations peacekeeping personnel and are reproduced in the mission-specific guidelines for troop-contributing countries deploying military units that are sent to the troop-contributing country concerned.
A.31. 该准则中有关于特遣队成员行为的详细规定。
A.31 The guidelines include detailed provisions on the conduct of members of the contingent concerned.
除其他外,准则规定军事特遣队成员不得虐待或剥削当地居民,尤其是妇女和儿童,并规定他们对居民应以礼相待。
They provide, inter alia, that members of military contingents shall not abuse or exploit individual members of the local population, in particular women and children, and that they are to show respect and courtesy towards the population.
自2003年秘书长公报颁布以来,准则已开始概列该公报中的细则,并将其适用于各国特遣队成员。
Since the promulgation of the 2003 Secretary-General's bulletin, the rules contained therein have begun to be summarized in the guidelines and applied to members of national contingents.
风纪细则
Rules of discipline
A.32. 被指控有“严重失检行为”(一个包括性剥削和性虐待在内的限定用语)的各国特遣队军事人员必须按《关于各国特遣队军事人员风纪问题的指令》规定的程序接受处理。
A.32 Military members of a national contingent who are alleged to have committed an act of “serious misconduct” (a defined term that includes sexual exploitation and abuse) are subject to the mission procedures set out in the Directives for Disciplinary Matters Involving Military Members of National Contingents, which are made available to troop-contributing countries.
已向部队派遣国提供了这一指令。
A.32 Military members of a national contingent who are alleged to have committed an act of “serious misconduct” (a defined term that includes sexual exploitation and abuse) are subject to the mission procedures set out in the Directives for Disciplinary Matters Involving Military Members of National Contingents, which are made available to troop-contributing countries.
他们当然一律要遵守本国特遣队规定的程序。
They are, of course, always subject to procedures instituted by their national contingents.
A.33. 2003年秘书长公报第2.2条虽然本身不适用于各国特遣队成员,但它指出,在联合国指挥和控制之下的联合国部队严禁从事性剥削和性虐待行为,它们尤其有责任按照题为“联合国部队遵守国际人道主义法”的秘书长公报ST/SGB/1999/13第7节,照顾妇女和儿童。
A.33 Section 2.2 of the 2003 Secretary-General's bulletin, while not applicable per se to members of national contingents, notes that United Nations forces under United Nations command and control are prohibited from committing any acts of sexual exploitation and abuse and have, in particular, a duty of care towards women and children, pursuant to section 7 of Secretary-General's bulletin ST/SGB/1999/13, entitled “Observance by United Nations forces of international humanitarian law”.
该公报第1.1节规定,公报规定的细则适用于在武装冲突情况下作为战斗人员积极介入此种冲突的联合国部队,但以这种介入的范围和时期为限,因此适用于强制执行行动,或允许为自卫使用武力的维持和平行动”。
Section 1.1 of that bulletin provides that the rules set out therein are applicable to United Nations forces when in situations of armed conflict they are actively engaged as combatants, to the extent and for the duration of their engagement, and thus are applicable in enforcement actions or in peacekeeping operations when the use of force is permitted in self-defence.
第7.2节明确禁止强奸、强迫卖淫和任何形式的性攻击和侮辱。
In section 7.2, rape, enforced prostitution and any form of sexual assault and humiliation are specifically prohibited.
第7.4节规定应特别尊重儿童,并应保护儿童免遭任何形式的猥亵攻击。
Section 7.4 provides that children shall be the object of special respect and shall be protected from any form of indecent assault.
A.34. 特派团对各国特遣队成员行为严重失检的指控的初步调查程序和设立调查委员会的程序,实质上与上文第A.22至A.26段所述指令中的程序完全相同。
A.34 The mission procedures for a preliminary investigation and a board of inquiry to investigate allegations of serious misconduct against members of national contingents are in substance identical to the procedures set out in the Directives described in paragraphs A.22 to A.26 above.
同对民警和军事观察员的处理一样,特派团团长只能建议遣返,而是否遣返必须由总部维和部根据特派团团长的建议来决定。
As is the case for civilian police and military observers, the head of mission can only recommend repatriation, which must be decided by the Department of Peacekeeping Operations at Headquarters based on the recommendation of the head of mission.
如果维和部决定遣返,则通知有关部队派遣国的常驻团,遣返的费用由有关部队派遣国承担。
If the Department decides on repatriation, the permanent mission of the troop-contributing country concerned is notified and the expenses of the repatriation are borne by the troop-contributing country concerned.
A.35. 必须强调指出,遣返各国特遣队成员的决定是一项行政措施,不是纪律制裁。
A.35 It must be emphasized that the decision to repatriate a member of a national contingent is an administrative measure, not a disciplinary sanction.
惩戒各国特遣队军事人员只能由有关部队派遣国来进行。
Discipline of a military member of a national contingent is a matter exclusively for the troop-contributing country concerned.
A.36. 近年来,联合国订立的部队地位协定规定,联合国志愿人员的身份已相似于《公约》规定的职员的身份。
A.36 In recent years, status-of-forces agreements entered into by the Organization have provided that United Nations Volunteers are considered to have the status of officials under the General Convention.
因此,他们在东道国享有职员所享有的特权和豁免(见上文第A.1至A.7段)。
They thus have the privileges and immunities of staff in the host State (see paras.
A.1-A.7 above).
行为守则
Rules of conduct
A.37. 联合国志愿人员受《联合国志愿人员行为守则》的约束。
A.37 United Nations Volunteers are bound by the United Nations Volunteers programme's rules of conduct.
该守则规定,联合国志愿人员必须尊重东道国的法律、道德标准和传统,不得进行任何与联合国的宗旨和目标不符的行动。
Those rules provide that Volunteers must respect the laws, moral codes and traditions prevailing in the host State and must refrain from any activity that is incompatible with the aims and objectives of the United Nations.
A.38. 联合国志愿人员如违反《联合国志愿人员行为守则》,将被立即开除。
A.38 United Nations Volunteers are subject to immediate dismissal for violations of the rules of conduct.