Protection from Sexual Exploitation and Abuse (PSEA) Policy

 

 

 

 

 

 

Version	Date	Prepared by	Reviewed by	Approved by	Endorsed by
1	01/07/2021	Odai Al-Hamli	AbdulRahman Abbad	Amal Qaid	Asia Al-Mashreqi
2	30/09/2022	AbdulRahman Abbad	Mona Ghazi	Amal Qaid	Asia Al-Mashreqi
Job Title		Accountability Officer	MEAL Manager	Acting Executive Director	Chairperson
Signature

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contents

Safeguarding Framework...................................................................... 4

IASC Six Core Principles Relating to Sexual Exploitation and Abuse .............................................................................................................. 4

Policy Introduction .............................................................................. 5

Policy Approach................................................................................... 6

Framework Principles........................................................................... 6

Policy Implementation ........................................................................ 7

Responsibilities..................................................................................... 7

PSEA Commitments........................................................................... 10

Consequences..................................................................................... 11

Communication and Training............................................................. 11

PSEA Reporting Procedures.............................................................. 11

Failure to report.................................................................................. 11

Support for Survivors......................................................................... 12

Definitions.......................................................................................... 12

Communities....................................................................................... 14

Policy Review..................................................................................... 15

 

 

 

 

 

 

Safeguarding Framework

This document is part of Sustainable Development Foundation’s Safeguarding Framework that consists of this policy, procedures and resources.

 

IASC Six Core Principles Relating to Sexual Exploitation and Abuse

Sexual exploitation and abuse (SEA) by aid workers directly contradicts the principles upon which humanitarian action is based and represents a protection failure on the part of the aid community. SEA inflicts harm on those whom the humanitarian community is obligated to protect, as well as jeopardizes the credibility of all assistance agencies. Humanitarian workers are expected to uphold the highest standards of personal and professional conduct at all times to protect beneficiaries of assistance. Sexual exploitation and abuse of affected populations constitutes gross misconduct and will result in disciplinary action, including immediate termination of employment and referral for criminal prosecution, where appropriate.

In recognition of the global concern over SEA, the Inter-Agency Standing Committee (IASC) has prioritized efforts to prevent and respond to these abuses at both the agency level and through collective efforts in the field. In 2002 the IASC adopted six core principles intended to set forth standards to prevent SEA:

Six Core Principles Relating to Sexual Exploitation and Abuse

1. Sexual exploitation and abuse by humanitarian workers constitute acts of gross misconduct and are therefore grounds for termination of employment.

2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defense.

3. Exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior is prohibited. This includes exchange of assistance that is due to beneficiaries.

4. Sexual relationships between humanitarian workers and beneficiaries are strongly discouraged since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of humanitarian aid work.

5. Where a humanitarian worker develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, whether in the same agency or not, he or she must report such concerns via established agency reporting mechanisms.

6. Humanitarian workers are obliged to create and maintain an environment which prevents sexual exploitation and abuse and promotes the implementation of their code of conduct.

The IASC principles provide a useful basis for organizations to develop policies and procedures for preventing and responding to sexual exploitation, abuse and harassment. The principles provide clarity on what constitutes sexual exploitation and abuse, how this is defined as misconduct which needs to be clear in organizational codes of conduct.

 

Policy Introduction

Sustainable Development Foundation has a zero tolerance for sexual exploitation and abuse. Sustainable Development Foundation will not tolerate its staff, associates, partners or any other representatives associated with the delivery of its work to engage in any form of sexual exploitation or abuse. Vulnerable adults, women and children are particularly at risk of sexual exploitation and abuse. Sustainable Development Foundation is committed to protecting all communities that the organization works with from sexual exploitation and abuse at all times. Please see definitions for a full outline who is included in the community.

 

The purpose of the PSEA Framework, including the policy, procedures and resources, is to establish an outline of the importance of the framework and clear procedures.

This policy ensures that all Sustainable Development Foundation staff, associates, and partners are aware of their role and responsibilities in keeping communities and stakeholders safe from any form of sexual exploitation or abuse. The policy clarifies definitions and responsibilities regarding prohibited behavior and the associated PSEA procedures outline the reporting and investigation processes.

 

Sustainable Development Foundation takes this policy very seriously, and the mandate prohibiting any form of sexual exploitation and abuse comes from Sustainable Development Foundation’s Executive Team (ET) and Board of Directors.

 

The PSEA policy applies to all Sustainable Development Foundation staff, associates, and partners who must comply with its requirements and understand the sanctions that may be applied for breaches of the policy. Where required by law or local practices, Sustainable Development Foundation or Country Offices may enhance the standards as set out in this policy. This commitment will be evidenced through signing the policy and the Code of Conduct. Training in this policy is mandatory for all Sustainable Development Foundation staff, associates, and partners.

The Board of Sustainable Development Foundation is ultimately accountable for this policy. The CEO, ET and directors of Sustainable Development Foundation are responsible for its implementation. It is the responsibility of all representatives of Sustainable Development Foundation to raise any concerns regarding sexual exploitation and abuse. Sustainable Development Foundation takes all concerns and complaints seriously and will initiate a comprehensive investigation of complaints that are in violation of this policy and take disciplinary and possibly legal action as warranted.

 

 

 

Policy Approach

This policy details how Sustainable Development Foundation achieves its obligations and applies to all staff, associates and partners regardless of their location.

 

Framework Principles

This policy and the entire Safeguarding Framework are guided by the following principles:

 

Safeguarding

Sustainable Development Foundation is committed to all community members as outlined in the definitions as having the right to safeguarding and protection from sexual exploitation and abuse irrespective of ability, ethnicity, faith, gender, sexuality, and culture. A key principle within this is that all processes are survivor led. Sustainable Development Foundation commits to survivors leading the complaint process where it is possible and appropriate to do so.

 

Shared Responsibility

For the PSEA policies and practices to be effective in reducing the risks to beneficiaries and communities, all at Sustainable Development Foundation must share the responsibility for implementation and improvement. As such, a failure at one level of the organization constitutes a failure at all levels of the organization.

 

Effective Communication

Sustainable Development Foundation effectively communicates with all staff, associates, and partners in simple and accessible language to create a positive and accessible culture where responsibilities for PSEA are clear.

 

Continuous Improvement

Sustainable Development Foundation provides assessment, reflection and feedback mechanisms to inform the organization of any improvements that can be made to policies and practices.

These mechanisms include quarterly incident reviews, regular safeguarding audits, as well as regular policy review and refresher training.

 

Dignity and Respect

Sustainable Development Foundation creates a work environment where the principles of dignity and respect for all staff, associates, and partners, in all locations are at the heart of what the organization does. Included in this are the principles of being non-judgmental when hearing the concerns and complaints of survivors of sexual exploitation and abuse.

 

Zero Tolerance

Sustainable Development Foundation has zero tolerance for any forms of sexual exploitation and abuse.

 

Confidential

Sustainable Development Foundation Is committed to confidentiality and information will not be shared outside of the Safeguarding Committee unless it is absolutely necessary, and the safety of the person involved is a concern.

 

Policy Implementation

Policy Map

This policy will guide Sustainable Development Foundation staff through the definitions of sexual exploitation and abuse as well as governance and responsibilities. The associated procedures and resources will provide information on how to report any complaints, the format of the reporting, and how these complaints will be managed.

 

Governance

The Chief Executive Officer (CEO), together with the Board of Directors, has ultimate responsibility for this policy and the PSEA Framework and its proper management, using a systematic approach. As such, the CEO and the Board of Directors will receive a summary of any reported sexual exploitation and abuse incidents and follow-up measures taken at each Executive Team meeting and Board meeting, respectively.

 

Responsibilities

Sustainable Development Foundation is committed to following through on the following measures in order to ensure that the organization is observing its PSEA commitments:

Implement and Review

Safe Recruitment

Safeguarding Management

Training

PSEA

Reporting Procedures

Safe Program Design

On-Line Protection

Comms Guidelines

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sustainable Development Foundation’s Obligations

Sustainable Development Foundation believes that all people have a right to live their lives free from sexual exploitation and abuse and will not tolerate its staff, associate, or partners engaging in any sort of behavior that puts beneficiaries or communities at risk. To that end, Sustainable Development Foundation commits to:

·       Creating a safe culture for both those it serves and those who work for and represent the organization.

·       Following through on any complaints and concerns in a timely manner through its Safeguarding Committee and taking each complaint seriously.

·       Sensitizing staff, associates, and partners, around how to make a complaint.

·       Ensuring zero tolerance towards sexual exploitation and abuse.

·       Building a culture of dignity, honor and respect where all those who work with and are served by Sustainable Development Foundation feel empowered to report complaints.

·       Educating staff, associates, and partners that sexual exploitation and abuse constitute gross misconduct and are grounds for termination of employment and possibly legal action.

·       Providing information on how to report complaints and the investigation procedure.

·       Ensuring that all staff, associates, and partners have access to the PSEA policy and procedures as well as all other related safeguarding policies.

·       Providing training to all staff, associates, and partners on PSEA.

Staff Responsibility

All staff, associates, and partners are required to adhere to this policy at all times and are obliged to report any suspicions of sexual exploitation and abuse of others. All staff, associates, and partners are required to sign the associated Code of Conduct and an acknowledgement of having read and understood the policy.

 

Manager Responsibility

All Managers and Directors hold overall accountability for this Policy and its Implementation. Managers also have a responsibility to support and develop systems that maintain an environment where all parties involved with Sustainable Development Foundation understand how to behave, how to raise complaints and concerns, and what action will be taken.

 

Safeguarding Committee

A Safeguarding Committee has been established at the HQ level. The Safeguarding Committee is comprised of 5 members:

·       One woman in a Senior Management Role

·       Three members will be from across different departments in the HQ level.

·       A fifth member who is an external expert in harassment, sexual exploitation or abuse.

The Safeguarding Committees will ensure that there is diversity and equal gender representation on the committee.

The Safeguarding Committee will be responsible for informing and training all staff in safeguarding, PSEA and harassment policies and procedures. They will also be responsible for receiving and investigating any safeguarding complaints, including PSEA.

 

The Safeguarding Committee will be trained in all of the Safeguarding policies as well as reporting and investigations. The Safeguarding Committee will also be provided with specialized psychological first aid training so that they are able to offer appropriate support as required.

 

Confidentiality of Complaint

Sustainable Development Foundation will protect the confidentiality of sexual exploitation and abuse allegations to the greatest extent possible in order to protect the integrity of the investigation and prevent embarrassment, further discrimination or harassment, or retaliation.

 

Confidential or sensitive information obtained by any staff member during the course of an investigation shall not be disclosed to others unless required by law. Concerns of individuals regarding confidentiality of information provided by them will be handled as sensitively as possible, and information shall not unnecessarily be disclosed to others.

 

Sustainable Development Foundation will share information about allegations of sexual exploitation, abuse and harassment only with those who need to know about it. Records relating to sexual exploitation, abuse and harassment complaints will also be kept confidential on the same basis.

 

Whistle-Blowing

As referred to in Sustainable Development Foundation’s whistle-blowing policy, all disclosures will be treated in confidence. Sustainable Development Foundation maintains a secure reporting system through its complaints mechanism and hotline numbers to ensure that all staff, partners, and vendors have recourse in the event of possible misconduct. Reports may be submitted anonymously for investigation via complaints box or by calling the hotline at 8001155.

 

Prohibited Retaliation

Sustainable Development Foundation maintains a zero-tolerance policy for retaliation against anyone for reporting sexual exploitation or abuse, assisting in making a complaint, or participating in an investigation.

 

Any staff, associate, or partner who makes a good-faith complaint of sexual exploitation or abuse, assists, testifies, or participates in any investigation or proceeding or who reasonably opposes such conduct in the workplace will not be adversely affected in the terms and conditions of his or her employment and will not be discriminated against or discharged for engaging in such activity.

Retaliation not only affects the recipient, but also can spread rapidly throughout Sustainable Development Foundation. It destroys faith in Sustainable Development Foundation’s leadership and can damage employee morale.

 

Complaints of retaliation will be promptly investigated. If retaliation is substantiated, appropriate disciplinary action, including possible dismissal, will be taken.

 

Examples of retaliation:

Some examples of retaliation include but are not limited to the following:

●      Termination, demotion, disadvantageous transfers or assignments, refusals to promote, threats, reprimands, or negative evaluations.

●      Co-worker hostility or retaliatory harassment, which includes intimidation, gossip, rumors, insults, or otherwise offensive conduct that would subject a person to ridicule or humiliation.

●      Any action or combination of actions that is reasonably likely to materially and adversely affect an employee’s job performance or opportunity for advancement.

PSEA Commitments

All Sustainable Development Foundation staff, associates, and partners are expected to conduct themselves in accordance with the PSEA policy. Following are the core commitments relating to sexual exploitation and abuse that all staff, associates, and partners are expected to follow. The following behaviors are prohibited:

 

●      Sexual Activity with Children and Vulnerable Adults

Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief in the age of the child is not a defense. Sexual activity with vulnerable adults, as outlined in the definitions, is also prohibited.

 

●      Sexual Activity with Sustainable Development Foundation Beneficiaries

Sexual activity with any beneficiary is prohibited due to inherently unequal power imbalances. A Sustainable Development Foundation beneficiary is defined as anyone who receives services or support from Sustainable Development Foundation or a Sustainable Development Foundation partner.

 

●      Grooming and/or Coercion

Any grooming and/or coercion of a child or vulnerable adult for the purposes of obtaining sex is prohibited.

 

●      Sexual Exploitation

Any form of sexual exploitation is prohibited including:

·          Buying Sex

Exchange of money, material assistance, employment, goods or services for sex, including sexual favors or other forms of humiliating, degrading or exploitive behavior is prohibited.

·          Profiting from Sexual Exploitation

Any monetary, social or political gain from sexual exploitation is prohibited.

·          Sexual Harassment

Any act of sexual harassment including unwelcome sexual advances or requests for sexual favors is prohibited both under the PSEA policy and the Anti-Harassment policy.

 

·          Sexual Violence

Any acts of sexual violence as outlined in the definitions in prohibited. This includes, but is not limited to, sexual violence including intercourse, sexual touching, and threats of sexual violence.

·          Physical/Emotional Abuse

As outlined in both the Child Safeguarding and the Adult Safeguarding policies, any physical or emotional abuse is prohibited.

 

This list may be expanded at any time and details will be communicated with staff, associates and partners through the Safeguarding Committee. Additional prohibited behaviors related to abuse can be found in the Child Safeguarding and Adult Safeguarding policies.

Consequences

Any staff, associate, or partner who is in violation of the PSEA policy will face disciplinary procedures, which may result in disciplinary action, termination of employment or contract and/or referral to the appropriate law enforcement agency or legal authority.

Communication and Training

It is Sustainable Development Foundation’s responsibility to ensure that all staff, associates and partners are aware and fully compliant with the PSEA policy. In order to take the steps to prevent any forms of sexual exploitation or abuse, Sustainable Development Foundation will ensure that:

·       Training is provided for all staff who has a specific responsibility for implementing this Policy and associated Procedure or who may be involved in dealing with complaints, which arise.

·       Awareness raising training is provided to all staff, associates, and partners on PSEA. The training will equip staff, associates, and partners to develop awareness as well as an understanding of when and how to report any concerns.

·       Proactive steps are taken to communicate the zero-tolerance message.

·       All staff is informed of and trained in the policy and procedure.

·       All staff is aware of the definitions under this policy.

·       All staff is aware of reporting procedures.

·       All staff has signed and acknowledged that they have read and understood the policy.

PSEA Reporting Procedures

The associated procedures document outlines how to report any incidents of sexual exploitation or abuse.

Failure to Report

The Code of Conduct as well as the Inter Agency Standing Committee (IASC)¹ Core Principles on PSEA state that it is the duty and the responsibility of all staff, associates, and partners to report

any PSEA concerns. Failure to report may lead to disciplinary action.

1 https://interagencystandingcommittee.org/

Support for Survivors

Support will be offered to survivors regardless of the outcome of any investigations. This support can include specialist psychosocial counselling and/or access to other specialist support as needed.

Definitions

Child and vulnerable adults

A child is any individual under the age of 18, irrespective of local country definitions of when a child reaches adulthood.²

 

Vulnerable adults are defined as:

•     Those aged over 18 years and who identify themselves as unable to take care of themselves/ protect themselves from harm or exploitation; or

•     Who, due to their gender, mental or physical health, disability, ethnicity, religious identity, sexual orientation, economic or social status, or as a result of disasters and conflicts, are deemed to be at risk.

 

Physical Abuse

Physical abuse occurs when a person purposefully injures or threatens to injure a child or vulnerable adult. 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.

 

Child 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 or vulnerable adult with the conditions that are culturally accepted as being essential for their physical and emotional development and well-being.

 

Vulnerable Adult Abuse

A Vulnerable Adult is defined as someone “who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation”. Vulnerable Adult Abuse can take many forms including: physical, sexual, psychological, financial/ material, discriminatory, domestic abuse and self-neglect.

 

Sexual Abuse

The term “sexual abuse” means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.

2 Definition of child from the InterAgency Standing Committee (IASC) Guidelines to implement Minimum Operating Standards for Protection from Sexual Exploitation and Abuse by UN and non-UN Personnel, March 2013.

3 CARE International PSEA Policy 2017

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, 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.

 

Grooming

Grooming is behavior that an offender uses to procure sexual activity from a child. It can include building trust with children and/or their caregiver to gain access to children to sexually abuse them.

 

Online Grooming

Grooming may be in person as above, or online where the groomer sends electronic messages with the goal of engaging the child in sexual activity.

 

Coercion

Coercion covers a whole spectrum of degrees of force. Apart from physical force, it may involve psychological intimidation, blackmail or other threats. For instance, threats of being dismissed from a job or of not obtaining a job that is sought. It may also occur when a person is unable to give consent. For example, while drunk, drugged, asleep or mentally incapable of understanding the situation.

 

Sexual Exploitation

The term “sexual exploitation” means any actual or attempted abuse of a 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.

 

Modern Slavery

Slavery is a situation where a person exercises (perceived) power of ownership over another person. Related terms include forced labor, which covers work or services that people are not doing voluntarily but under threat of punishment; human trafficking, which involves deceptive recruitment and coercion; and bonded labor, which is demanded in repayment of a debt or loan. Modern slavery encompasses a spectrum of labor exploitation, ranging from the mistreatment of vulnerable workers to human trafficking to child labor and forced sexual exploitation.

 

Sexual Violence

Sexual violence is:

·       any sexual act or attempt to obtain a sexual act

·       Unwanted sexual comments or advances or acts to traffic that are directed against a person’s sexuality using coercion by anyone, regardless of their relationship to the victim, in any setting, including at home and at work.

 

Three types of sexual violence are commonly distinguished: sexual violence involving intercourse (i.e. rape), contact sexual violence (i.e. unwanted touching, but excluding intercourse) and noncontact sexual violence (i.e. threatened sexual violence, exhibitionism and verbal sexual harassment). While coerced sex may result in sexual gratification for the perpetrator, its underlying purpose is to express power and dominance over the other person.

 

Sexual Harassment

Sexual harassment includes ‘unwelcome sexual advances, requests for sexual favors, and other conduct that creates a coercive, hostile, intimidating, or offensive work environment’. The harassment of a sexual nature may be directed to a person of the same or opposite sex.

 

The key elements are that the behavior is uninvited, unreciprocated and unwelcome and causes the person involved to feel threatened, humiliated or embarrassed. The behavior may also be determined to be sexual violence and harassment if:

●      Submission to such conduct is explicitly or implicitly made a term or condition of employment.

●      Submission to or rejection of this conduct is used as a basis for an employment decision affecting the staff.

●      Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

 

Please refer to Sustainable Development Foundation’s Anti-Harassment policy & procedure for more information.

Communities

The communities that Sustainable Development Foundation works with includes, but isn’t limited to, health service providers at facilities, outreach facilities, frontline health workers, any other service providers, women, men, girls, boys, people with special needs, vulnerable adults and marginalized groups.

 

Sustainable Development Foundation staff refers to individuals who receive a regular salary for work in any part of Sustainable Development Foundation., including all Branch Offices, Field Offices, Headquarter and any other location where Sustainable Development Foundation operates.

 

Sustainable Development Foundation associates refers to a range of paid and non-paid individuals who have committed to work with or support Sustainable Development Foundation. It includes volunteers, interns, and consultants and contractors.

 

Sustainable Development Foundation managers refers to Sustainable Development Foundation staff who have responsibility for line managing or supervising the work of Sustainable Development Foundation staff or Sustainable Development Foundation associates.

 

Sustainable Development Foundation partners refers to staff and/or representatives of partner organizations and local governments when operating in partnership agreement with Sustainable Development Foundation.

Policy Review

To meet with sector best practice, Sustainable Development Foundation agrees to review this policy and the entire PSEA Framework every two years, as a minimum. It is the responsibility of the committee to complete this review, in collaboration with any key internal stakeholders or external third-party providers.