(f) An assessment based on the factors above and on the overall context of the support, of the risk that the receiving entity might nevertheless commit grave violations of international humanitarian, human rights or refugee law. 15. Information on the record of the intended recipient with regard to compliance with international humanitarian, human rights and refugee law should be obtained from the United Nations or other reliable sources. 16. Where, as a result of this risk assessment, the United Nations entity directly concerned concludes that there are substantial grounds for believing that there is a real risk of the intended recipient committing grave violations of international humanitarian, human rights or refugee law, notwithstanding any mitigatory measures that the United Nations might take, then the United Nations entity concerned must not engage in the provision of support to that intended recipient. The United Nations entity should make clear that support will not be possible unless and until the intended recipient takes measures that are of such effect that there are no longer substantial grounds for believing that there would be a real risk of such grave violations occurring. Such measures might include, for example, the removal of an officer from a senior command position when there are substantial grounds for suspecting that officer of being responsible for grave violations of international humanitarian, human rights or refugee law. 17. Where, as a result of the risk assessment, the United Nations entity directly concerned concludes that substantial grounds do not exist for believing there to be a real risk of the intended recipient committing such violations, then the United Nations entity concerned may proceed to engage in the provision of support, subject to compliance with the following sections of this policy.
[Original: English and French] Human rights due diligence policy on United Nations support to non-United Nations security forces I. Core principles 1. Support by United Nations entities to non-United Nations security forces must be consistent with the Organization’s purposes and principles as set out in the Charter of the United Nations and with its obligations under international law to respect, promote and encourage respect for international humanitarian, human rights and refugee law. Such support should help recipients to attain a stage where compliance with these principles and bodies of law becomes the norm, ensured by the rule of law. Consistent with these obligations, United Nations support cannot be provided where there are substantial grounds for believing there is a real risk of the receiving entities committing grave violations of international humanitarian, human rights or refugee law and where the relevant authorities fail to take the necessary corrective or mitigating measures. For the same reasons, if the United Nations receives reliable information that provides substantial grounds to believe that a recipient of United Nations support is committing grave violations of international humanitarian, human rights or refugee law, the United Nations entity providing such support must intercede with the relevant authorities with a view to bringing those violations to an end. If, despite such intercession, the situation persists, the United Nations must suspend support to the offending elements. Notwithstanding the present policy, existing obligations of human rights, humanitarian and refugee law continue to apply to all United Nations activities. 2. United Nations entities that are contemplating or involved in providing support to non-United Nations security forces must therefore pursue a policy of due diligence, comprising the following key elements: (a) Before support is given, an assessment of the risks involved in providing or not providing such support, in particular the risk of the recipient entity committing grave violations of international humanitarian law, human rights law or refugee law; (b) Artigo 2.o Princípios gerais 2.1 As autoridades competentes das Partes podem celebrar convénios para a prestação mútua de apoio logístico, administrativo e de segurança (a seguir designado por "apoio") pelas missões da ONU e pelas operações da UE que intervenham em situações de crise e pós‐conflito no terreno. 2.2 A prestação de apoio é efetuada sob reserva das capacidades e zonas de destacamento respetivas das missões da ONU e das operações da UE e sem prejudicar a sua capacidade para executar os mandatos respetivos. 2.3 A prestação de apoio está sujeita aos regulamentos, regras, práticas estabelecidas e procedimentos respetivos das Partes (a seguir designados por "regulamentos e regras"). Artigo 3.o Convénios de execução técnica 3.1 As modalidades e disposições financeiras detalhadas aplicáveis à prestação de apoio são acordadas caso a caso e definidas em convénios de execução técnica específicos para cada missão e celebrados nos termos do artigo 2.o do presente Acordo (a seguir designados por "convénios de execução técnica"). Quando aplicável, a União Europeia assegura além disso que os convénios de execução técnica sejam celebrados pelas autoridades competentes em nome do Athena. 3.2 Nenhuma das Partes é: i) obrigada a prestar apoio à outra, salvo disposição expressa em contrário de um convénio de execução técnica; ou ii) responsável perante a outra pela incapacidade, total ou parcial, de prestar esse apoio. 3.3 Em caso de conflito entre o presente Acordo e qualquer convénio de execução técnica, prevalecem as disposições do presente Acordo. The presence in a senior command position of the unit of one or more officers about whom there are substantial grounds to suspect: • Direct responsibility for the commission of “war crimes”, “gross violations” of human rights or acts of refoulement; or • Command responsibility, as defined in the Rome Statute of the International Criminal Court, for the commission of such crimes, violations or acts by those under their command; or • 22. In the application of the policy and the use of measures set out in paragraphs 21 (a) to (g) above at the country level, each United Nations entity should take into account the need to promote consistency in the implementation of the policy across the United Nations system. The most senior United Nations official in country (Special Representative of the Secretary-General and/or Resident Coordinator) is responsible for initiating consultations on the implementation framework with all national and international stakeholders. In the case of integrated missions, consultations between the mission and the United Nations country team should be part of established procedure. B. Prior advice to United Nations legislative bodies 23. Action by United Nations entities to support non-United Nations security forces requires particularly careful attention due to the special risks, potential liabilities and high visibility involved. It is therefore important that United Nations entities exercise due diligence, in particular by conducting a risk assessment, before a mandate or directive is adopted to provide support to non-United Nations security forces. The resulting evaluation should be included in reports or briefings to legislative bodies, as appropriate. In the peacekeeping context, such evaluations should help inform and shape proposals by the Secretary-General to legislative bodies regarding mandates. C. Reporting and oversight 24. Relevant official United Nations reports (e.g. reports of the Secretary-General to the Security Council, country and thematic reports by United Nations offices, programmes, agencies and funds) should cover support provided to non-United Nations security forces, including the nature and scope of the support, measures employed to ensure compliance with the “due diligence” policy, related actions to promote respect for the core principles of United Nations support and an assessment of the impact of the support.