Asia Monitor Resource Centre
Non-Discrimination and Anti-Harassment Policy
INTRODUCTION
AMRC supports the building of a democratic labour movement in Asia. In our common struggle we
espouse the values of non-discrimination, equal participation and gender equity.
We believe that all forms of discriminatory, exclusionary and harassing behaviour should not be tolerated,
as it is detrimental to the building of an equitable and fair movement, and we seek to continuously
strengthen our promotion of non-discrimination and equality.
This document sets out AMRC’s stance and policies regarding discrimination, harassment, and sexual
harassment in particular.
AMRC believe that all forms of gender based discrimination should not be tolerated, and harassment that
leads to work relations and conditions that are offensive should be eliminated. This includes the
workplace as well as during any event organised by or in cooperation with AMRC, including meetings,
trainings, workshops, related social events, etc.
AMRC recognises that each of our partners work in differing country contexts and therefore may have
different understandings about what constitutes harassment and discrimination. In this policy, we have
included our basic requirements. We recognise the need for sensitivity in addressing complaints and
therefore have constituted a committee to resolve and deal with complaints in the most appropriate
manner.
If an investigation conducted according to our Complaints Mechanism concludes that a partner or
contractor has violated our Non-Discrimination and Anti-Harassment Policy, AMRC reserves the right to
summarily terminate partnerships with partners or contractors.
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SCOPE OF APPLICATION
This policy applies to all issues of potential discrimination, harassment and sexual harassment raised
A)
against:
member of staff, interns, volunteers, board members, regional council members
individuals belonging to partner organisations
any other individual collaborators (such as researchers or contractors)
B)
by:
•
member of staff, interns, volunteers, board members, regional council members
•
Individuals belonging to partner organisations
•
Individual collaborators
•
•
•
PRE-CONDITION OF PARTNERSHIP OR COLLABORATION
Henceforth, AMRC requires all partners to agree to this Policy regarding discrimination, harassment, and
sexual harassment, as a condition of our collaboration with the organisation or individual.
Participants at AMRC organised/support events should also comply with AMRC’s “Code of Conduct for
Participants.” This document will be supplied to all participants and attendees prior to the event date. For
events organised with support from AMRC, it is the responsibility of our partners to disseminate and
enforce the “Code of Conduct for Participants”.
DEFINITIONS
DISCRIMINATION
Discrimination is adverse treatment of anyone based on a category of persons to whom s/he belongs,
rather than on the basis of her/his individual merit. Examples of grounds for discrimination include gender,
ethnicity, religion, disability, sexual orientation, class, caste, etc.
HARASSMENT
Harassment can take many forms and may be directed against anyone for any reason. It can be defined as
any improper and unwelcome conduct that might reasonably be expected or be perceived to cause
offence or humiliation to another.
Harassment may involve action, behaviour, exclusion, comment or physical contact which is found
objectionable/inappropriate or which causes offence and can result in the recipient feeling threatened,
humiliated, intimidated, patronised, demoralised or less confident in her/himself.
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Harassment can result in a hostile work environment. It can affect the recipient’s life at work and at home
as well as their well-being and health. It is for the recipient to decide whether she/he finds the behaviour
unacceptable.
The harassment can be based on the discriminatory grounds listed above. It can include a one-off incident
or a series of incidents. Harassment may be deliberate, unsolicited and coercive. Harassment may also
occur outside the workplace and/or outside working hours.
Specific examples of harassment
•
verbal abuse or insulting behaviour;
•
the use of humour to put another person or group of people down, for example telling jokes
that are sexist, racist or are about a person’s sexual orientation;
•
unwanted physical contact ranging from touching to serious assault;
•
display or circulation of sexually suggestive or racially abusive material;
•
bullying, coercive or menacing behaviour;
•
unwanted sexual advances, propositions, attention or innuendo;
•
ridicule or exclusion of a person for cultural, religious or personal differences.
SEXUAL HARASSMENT
Sexual harassment is any unwanted conduct of a sexual nature that is offensive, humiliating, patronizing
and threatening, and causes the recipient discomfort or humiliation or which interferes with the
recipient’s job performance, or creates an intimidating work environment.
Sexual harassment can occur regardless of whether or not a person intended to sexually harass another
person. Sexual harassment can be either a single incident, a series of incidents, or a hostile work
environment.
Sexual harassment may be deliberate, unsolicited and coercive. Individuals from any gender can be the
victim or offender. The focus is on the unwanted aspect of the behaviour that a person is being subjected
to, simply by virtue of working in a place where that behaviour is a feature. Sexual harassment may also
occur outside the workplace and/or outside working hours.
The following are some specific examples of sexual harassment:
•
•
•
•
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Unwelcome comments or suggestions which are sexual in nature – jokes, unwelcome
remarks, hints, sexual advances, unwelcome graphic comments about a person’s body, attire
age, etc., unwelcome and inappropriate enquiries about a person’s sex life.
Non verbal sex cues, body language, verbal text or electronic messages
Unwelcome gestures, indecent exposure, and the unwelcome display of sexually explicit
pictures and objects
Attempts or promises to provide a job or to influence the process of employment,
promotion, training, discipline, dismissal, salary increment or other benefit of any employee
or job applicant, in exchange for sexual favours.
Repeated sexual invitations when the person invited has refused similar invitations before.
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•
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Sexually explicit jokes. There is a difference between harmless humour which may refer to
gender, and using a sexist joke to harass someone. If the difference is not clear or if
someone is offended, the behaviour should stop immediately;
crude or sexually offensive gestures;
staring or leering in a sexual manner; unwelcome wolf whistling;
sexual or physical contact, such as slapping, kissing or touching;
intrusive questions about sexual activity;
sexual assault
PROCEDURES TO RESOLVE CLAIMS OF
HARASSMENT AND SEXUAL HARASSMENT
DISCRIMINATION,
COMPLAINT MECHANISM
An appropriate complaint mechanism in the form of “Complaints Committee” has been created in AMRC
for time-bound redressal of complaints of discrimination, harassment and sexual harassment.
COMPLAINTS COMMITTEE
Initially, and till further notice, the Complaints Committee will comprise of the following four members
out of which at least two members will be of the same gender as that of the complainant:
1.
2.
3.
4.
Member of staff
Member of staff
Member of the Board of trustees
Executive Director
The Complaints Committee is responsible for:
1.
Investigating every formal written complaint of sexual harassment
2.
Taking appropriate remedial measures to respond to any substantiated allegations of sexual
harassment
3.
Discouraging and preventing employment-related sexual harassment
PROCEDURES FOR RESOLUTION, SETTLEMENT OR PROSECUTION OF ACTS OF
DISCRIMINATION, HARASSMENT AND SEXUAL HARASSMENT
A. INFORMAL RESOLUTION OPTIONS
When an incident of discrimination, harassment or sexual harassment occurs, the victim of such conduct
can communicate their disapproval and objections immediately to the harasser and request the harasser
to behave decently.
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If the harassment does not stop or if victim is not comfortable with addressing the harasser directly, the
victim can bring their concern to the attention of the Complaints Committee for redressal of their
grievances. The Complaints Committee will thereafter provide advice or extend support as requested and
will undertake prompt investigation to resolve the matter.
B. COMPLAINTS:
1. An employee with a harassment concern, who is not comfortable with the informal resolution options
or has exhausted such options, may make a formal complaint to the Complaints Committee via email,
letter or verbal communication.
2. The Complaints Committee will proceed to determine whether the allegations (assuming them to be
true only for the purpose of this determination) made in the complaint fall under the purview of this
Policy preferably within 30 days from receipt of the complaint.
In the event, the allegation does not fall under the purview of this Policy or the allegation does not
constitute an offence of discrimination, harassment or sexual harassment, the Complaints Committee will
record this finding with reasons and communicate the same to the complainant.
3. If the Complaints Committee determines that the allegations constitute an act of discrimination,
harassment, sexual harassment, it will proceed to investigate the allegation.
4. Where such conduct, on the part of the accused, amounts to a specific offence under the law, AMRC
shall initiate appropriate action in accordance with law by making a complaint with the appropriate
authority.
5. The Complaints Committee shall conduct such investigations in a timely manner and shall submit a
written report containing the findings and recommendations to the Executive Director & the Chair of the
Board of Directors as soon as practically possible and in any case, not later than 90 days from the date of
receipt of the complaint. The Executive Director & the Chair of the Board of Directors will ensure
corrective action on the recommendations of the Complaints Committee and keep the complainant
informed of the same.
Corrective action may include any of the following:
•
Formal apology
•
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Counselling
Written warning to the perpetrator and a copy of it maintained as documentation.
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Change of work assignment / transfer for either the perpetrator or the victim.
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Suspension or termination of services of the employee found guilty of the offence
6. In case the complaint is found to be false, the committee shall determine the appropriate action to take
against the Complainant.
CONFIDENTIALITY
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The Company understands that it is difficult for the victim to come forward with a complaint of sexual
harassment and recognizes the victim’s interest in keeping the matter confidential.
To protect the interests of the victim, the accused person and others who may report incidents of sexual
harassment, confidentiality will be maintained throughout the investigatory process to the extent
practicable and appropriate under the circumstances.
ACCESS TO REPORTS AND DOCUMENTS
All records of complaints, including contents of meetings, results of investigations and other relevant
material will be kept confidential by AMRC except where disclosure is required under disciplinary or other
remedial processes.
PROTECTION TO COMPLAINANT
AMRC is committed to ensuring that no complainant who brings forward a harassment concern is subject
to any form of reprisal. Any reprisal will be subject to disciplinary or corrective action.
AMRC will ensure that the victim or witnesses are not victimized or discriminated against while dealing
with complaints of sexual harassment.
However, anyone who abuses the procedure (for example, by maliciously putting an allegation knowing it
to be untrue) will be subject to disciplinary action.
INFORMATION DISSEMINATION
AMRC will disseminate information regarding our anti-harassment and -discrimination policies widely to
staff, board members, collaborators and partners.
Any updates or changes to the policy shall also be made known to our partners.
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