Prevention of Sexual Exploitation, Abuse and Harassment Policy
Introduction :
The goal of an occupational safety and health policy is to foster a safe and healthy occupational environment. OSH also protects all the general public who may be affected by the occupational activities. In common-law jurisdictions, employers have a common law duty, (also called duty of care) to take reasonable care of the safety of their employees. It is within this background that ASDEPCO as a Cameroonian development organization implementing programs in Cameroon aimed at helping to improve the livelihoods of communities seeks to conform with international norms as set out in the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).
Definitions
This policy specifically refers to four key areas; sexual exploitation, abuse of authority, sexual abuse and sexual harassment. Each is defined below.
Sexual Exploitation:
Sexual exploitation means any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. This includes acts such as transactional sex, solicitation of transactional sex, and exploitative relationships.
Abuse of Authority:
The improper use of a position of influence, power or authority by an individual against a stakeholder, beneficiary or community member. This is particularly serious when an individual misuses his/her influence, power or authority to negatively impact vulnerable people from locations where the core project activities of ASDEPCO are carried out. It can include a one-off incident or a series of incidents. Abuse of authority may also include misuse of power that creates a hostile or offensive environment, which includes – but is not limited to – the use of intimidation, threats, blackmail or coercion.
Sexual Abuse:
Sexual abuse means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.
Sexual Harassment:
Sexual harassment occurs when a person makes an unwelcome sexual advance, or an unwelcome request for sexual favours to another person, or engages in any other unwelcome conduct of a sexual nature in relation to another person. Sexual harassment has nothing to do with mutual attraction or consenting friendships, whether sexual or otherwise.
Sexual harassment is unlawful in pre-employment activities and in the workplace. The workplace includes any place a person goes for the purpose of carrying out any function in relation to his/her employment and can also extend to social functions.
Sexual harassment includes: any unwelcome sexual advance, request for sexual favour, verbal or physical conduct or gesture of a sexual nature, or any other behaviour of a sexual nature that might reasonably be expected or be perceived to cause offence or humiliation to another. Sexual harassment may occur when it interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive environment. It can include a one-off incident or a series of incidents. Sexual harassment may be deliberate, unsolicited and coercive. Both male and female colleagues can either be the victim or offended .
Child Exploitation and Abuse (involves one or more of the following):
1.Physical abuse
Physical abuse occurs when a person purposefully injures or threatens to injure a child or young person. This may take the form of slapping, punching, shaking, kicking, burning, shoving or grabbing. The injury may take the form of bruises, cuts, burns or fractures.
2. Emotional abuse
Emotional abuse is inappropriate verbal or symbolic acts toward a child or a pattern of failure over time to provide a child with adequate non-physical nurture and emotional availability. Such acts have a high probability of damaging a child’s self-esteem or social competence.
3.Neglect
Neglect is the failure to provide a child (where they are in a position to do so) with the conditions that are culturally accepted as being essential for their physical and emotional development and well-being.
4.Child Sexual Abuse
Child sexual abuse is the involvement of a child in sexual activity that s/he does not fully comprehend, give informed consent to, or for which s/he is not developmentally prepared and cannot give consent (<18 years), or that violates the laws or social taboos of society. It is evidenced by an activity between a child and an adult or another child who by age or development is in a relationship of responsibility, trust or power, the activity being intended to gratify or satisfy the needs of the other person. It may include, but is not limited to, the inducement or coercion of a child to engage in any unlawful sexual activity, the exploitative use of a child in prostitution or other lawful sexual practices or the exploitative use of pornographic performances and materials.
5.Grooming
Grooming generally refers to behaviour that makes it easier for an offender to procure a child for sexual activity. It often involves the act of building the trust of children and/or their carers to gain access to children in order to sexually abuse them. For example, grooming includes encouraging romantic feelings or exposing the child to sexual concepts through pornography.
6.Online grooming
Online grooming is the act of sending an electronic message with indecent content to a recipient who the sender believes to be less than 18 years of age, with the intention of procuring the recipient to engage in or submit to sexual activity with another person, including but not necessarily the sender.
Policy / Principles:
Policy/Principles:
In order to protect the most vulnerable populations, particularly vulnerable adults and children, and to ensure the integrity of ASDEPCOs activities, the following principles must be adhered to:
- Sexual exploitation, abuse, harassment and child abuse by ASDEPCO Employees, Partners and Related Personnel constitute acts of gross misconduct and are therefore grounds for termination of employment.
- Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of the majority or age of consent locally. Mistaken belief in the age of the child is not a defence.
- Exchange of money, employment, goods, or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour by ASDEPCO Employees and Related Personnel is prohibited.
- Sexual relationships between ASDEPCO Employees/Related Personnel and programme participants/beneficiaries are strongly discouraged since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of ASDEPCO’s development work.
- Where a ASDEPCO Employee, Partner or Related Personnel develops concerns or suspicions regarding sexual abuse, exploitation, harassment or child abuse by a fellow worker or stakeholder, whether within ASDEPCO or not, he or she must immediately report such concerns via ASDEPCO’s reporting mechanisms
- ASDEPCO Employees and Related Personnel are obliged to create and maintain an environment that prevents sexual exploitation, abuse, harassment and child abuse and promotes the implementation of this Policy.
- ASDEPCO has a zero tolerance stance on breaches of this PSEAH policy. Should any ASDEPCO Employees, Volunteers, Board Directors, Partners, Stakeholders, Related Personnel and Program Participants commit any act of sexual exploitation, abuse, child abuse and/or harassment, appropriate procedures will be followed including but not limited to immediate suspension pending an investigation, termination of employment, termination of agreement, removal from the project (as an employee, partner, stakeholder or beneficiary), reported to authorities (including police, local government and the Cameroon Government).
Procedures
- Develop organization-specific strategies to prevent and respond to sexual exploitation, abuse, harassment and child abuse, including incorporating appropriate job responsibilities (such as staff training, complaints and response mechanisms, and coordinating high-level oversight and progress reports by directors) in specific staff positions to support and ensure effective implementation of organization strategies to prevent and respond to sexual exploitation, abuse and harassment. All staff are to attend mandatory PSEAH training and refresher training at least every three years.
- Undertake risk assessments to identify areas of risks and document steps that are being taken to remove or reduce these risks.
- Incorporate this policy on PSEAH in ASDEPCO’s codes of conduct and in induction materials and training courses for ASDEPCO Employees and Related Personnel, including specific provisions for child sexual exploitation and abuse. Staff and partners to attend refresher training at least every three years.
- Ensure that when engaging in partnerships that agreements a) incorporate this Policy as an attachment; b) include the appropriate language requiring such contracting entities and individuals, and their employees and volunteers to abide with a Code of Conduct that is pursuant to the standards of this Policy; and c) expressly state that the failure of those entities or individuals, as appropriate, to take preventive measures against sexual exploitation, abuse, harassment and child abuse, to investigate and report allegations thereof, or to take corrective actions when sexual exploitation, abuse, harassment or child abuse has occurred, shall constitute grounds for ASDEPCO to terminate such agreements and follow SEAH reporting processes.
- Regularly inform ASDEPCO Employees and Related Personnel and communities on measures taken to prevent and respond to sexual exploitation, abuse, harassment and child abuse. Such information should be developed and disseminated in-country in cooperation with other relevant agencies and should include details on complaint mechanisms, the status and outcome of investigations in general terms, feedback on actions taken against perpetrators, and follow-up measures taken as well as assistance available to complainants and survivors. Any information that is not of a general nature and concerns specific cases must respect confidentiality for all parties involved, including the survivor and family, employee or related personnel, and the ongoing investigation process, particularly where there are legal implications.
- Engage the support of communities and governments to prevent and respond to sexual exploitation, abuse, harassment and child abuse by ASDEPCO Employees and Related Personnel.
- Ensure that complaint mechanisms for reporting sexual exploitation, abuse, harassment and child abuse are accessible and that ASDEPCO focal points for receiving complaints understand how to discharge their duties. This should include a documented reporting procedure in a relevant local language for sexual exploitation, abuse, harassment and child abuse allegations and policy for non-compliance in, including available sanctions for breaches
- Provide support and assistance to complainants of sexual exploitation, abuse, harassment or child abuse. This may include medical treatment, legal assistance and psychosocial support as appropriate and according to the wants and needs of the survivor whilst also taking account of confidentiality, cultural sensitivities and survivor safety.
- Investigate allegations of sexual exploitation, abuse, harassment and child abuse in a timely and professional manner. This includes the use of appropriate interviewing practices with complainants and witnesses, particularly with children. Engage professional investigators or secure investigative expertise as appropriate.
- Take swift and appropriate action, including legal action when required, against ASDEPCO Employees and Related Personnel who commit sexual exploitation, abuse, harassment and child abuse. This may include administrative or disciplinary action, and/or referral to the relevant authorities for appropriate action, including criminal prosecution, in the abuser’s country of origin as well as the host country.
- Ensure high-level oversight and information systems on sexual exploitation, abuse, harassment and child abuse reports received and actions taken, in order to monitor effectiveness, report progress and improve efforts to prevent and respond to sexual exploitation and abuse and child abuse.
Employee, Partners & Related Personal Standards:
ASDEPCO Employees, Partners and Related Personnel must uphold and promote the highest standards of ethical and professional conduct and abide by ASDEPCO’s policies. These Standards apply to all ASDEPCO Employees, Partners and Related Personnel and are intended to provide an illustrative guide for Employees, Partners and Related Personnel to make decisions that exemplify ASDEPCO’s Code of Conduct and core values in their professional and personal lives. Any violation of these Standards is a serious concern and may result in disciplinary action, up to and including dismissal, in accordance with applicable laws:
- ASDEPCO Employees, Partners and Related Personnel will not request any service or sexual favour from participants or beneficiaries of ASDEPCO programs, children or others in the communities in which ASDEPCO works, in return for protection or assistance, and will not engage in sexually exploitative or abusive relationships.
- ASDEPCO Employees, Partners and Related Personnel will not exchange money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour. This prohibition against exchange of money for sex means ASDEPCO Employees and Related Personnel may not engage the services of sex workers in the field.
- ASDEPCO’s Employees, Partners and Related Personnel must refrain from sexual activity with any person under the age of 18, regardless of the local age of consent, i.e. the local or national laws of the country in which the employee works. Ignorance or mistaken belief of the child’s age is not a defence. Failure to report such a relationship will lead to disciplinary action pursuant to ASDEPCO’s Child Protection Policy.
- ASDEPCO Employees, Partners and Related Personnel will not support or take part in any form of sexual exploitative, abusive and, or harassment activities, including, for example, child pornography or trafficking of human beings.
- ASDEPCO Employees, Partners and Related Personnel will treat all children with respect and not use language or behaviour towards children that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. ASDEPCO Employees, Partners and Related Personnel will adhere to ASDEPCO’s Child Protection Policy and Photography Guidelines when photographing or filming a child for work-related purposes.
- ASDEPCO Employees, Partners and Related Personnel must immediately report any concerns or suspicions they have regarding possible violations of this Policy by a ASDEPCO Employee, Partner or Related Personnel in line with ASDEPCO’s complaints reporting and whistle-blower policies and procedures.
- ASDEPCO Employees, Partners and Related Personnel will prevent, oppose and combat all exploitation, abuse and harassment of people, particularly incidents relating to women and children.
- Directors, managers and supervisors at all levels have particular responsibilities to support and develop systems that maintain an environment that facilitates implementation of this policy and which is free of sexual exploitation, abuse, harassment and child abuse.
Reporting/ Treatment of complaints :
Management will treat all concerns and complaints quickly, fairly and seriously. Treatment of complaints or reports will be undertaken in line with the Sexual Exploitation, Abuse and Harassment Complaint Resolution Procedures and Child Protection Policy & Procedures. This document also outlines the process in which employees may raise issues of concern. Employees will not be disadvantaged in their employment conditions or opportunities as a result of lodging a complaint.
No employee will be penalized or disadvantaged as a result of raising legitimate concerns or complaints relating to sexual exploitation, abuse, harassment, child abuse or abuse of authority. Where a complaint is substantiated it may result in disciplinary action up to and including termination of employment and prosecution. If unsubstantiated or found to be vexatious it may also result in disciplinary action against the complainant.
Statement by All Asdepco Personnel, Associates & Representatives :
I have read and understood ASDEPCO’s:
- Prevention of Sexual Exploitation, Abuse and Harassment Policy
I have had the opportunity to ask ASDEPCO Management questions about the PSEAH policy and have had all questions answered appropriately.
I agree to comply with the Policy.
I understand that a breach of this Policy may provide grounds for my appointment or association with the organization to be terminated. I also understand that a breach of the Policy could result in criminal prosecution.
I understand that it is my responsibility, as a person associated with ASDEPCO, to use common sense and avoid actions or behaviours that would breech any part of this policy.
I understand that it is my responsibility, as a person associated with ASDEPCO, to report any instances of sexual exploitation, abuse and harassment to management or the Board of Directors.
I authorize ASDEPCO to undertake any necessary inquiries, including criminal record checks and reference checks, as a part of my appointment by or association with the organization.