Sexual Exploitation Workshop from ARC

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Sexual Exploitation & Abuse Training Workshop
Facilitator Guidelines and Notes
1. Introduction
2. Defining Sexual
Exploitation &
Abuse (SEA) and its
consequences.
(Have people sign in: Name & email address)
a. Ice Breaker
b. Flip chart: Sample rules:
No smoking
 Do not interrupt while others are
speaking
 Everyone should try listen as well as
speak
 Maintain confidentiality of what is
shared; no gossiping.
 Show respect for others, and other’s
experiences.
 Do not make personal attacks.
 Do not judge others.
 Be aware of language difficulties—i.e.
speak slowly if needed.
a. SEA: Sexual coercion and manipulation
(includes all types of sexual acts) by a person
in a position of power providing any type of
assistance in exchange for sexual acts. In
these situations, the survivor believes she or he
has no other choice than to comply; this not
consent and it is exploitation.
on what it means to give informed consent.
What are the necessary ingredients for
“informed consent”?
c. Sexual abuse defined: Actually threatening
or forcing someone to have sex or provide
sexual favors under equal or forced conditions.
Could include sexual intercourse, harassment
or molestation.
d. Large group: What are the consequences of
SEA?:
For the alleged humanitarian worker
perpetrator
For the beneficiary
For the Humanitarian Organization
For the Donor
e.Scenarios: Break into groups for discussion;
Icebreaker: Pick three words using the
first letter of your first or last name to
describe yourself. Example:
I am Colleen. I lived in Colorado; I like
to Cook; and I have two Children.
What are your expectations for this class?
b. Informed consent includes the
following:
 Having all the information
 Being old enough and mentally
sound enough to understand the
agreement and the consequences.
 Being of equal power relationship
Consent is mutual agreement. Informed
consent means making an informed choice
freely and voluntarily by persons in an
equal power relationship.
Children (under the age of 18) and
individuals who are mentally challenged,
or individuals with no power are deemed
unable to give informed consent for acts
such as sexual relationships.
1.This is sexual exploitation. Johnson is
in a position of power. This relationship
is prohibited by ARC policy.
2. This is a situation that should be
reported as it will need to be investigated.
Even if it is determined that not sexual
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report back.
Is this sexual exploitation?
exchange has occurred, Robert needs to be
informed of the perceptions of his actions
and adjust his behavior accordingly.
1. Betty is a 20 year old woman living in an
IDP camp and has started a sexual relationship
with Johnson, a senior officer with ARC. Both
individuals seem to be in love, and Johnson
says he plans to leave his wife for Betty.
3. Joseph is in a position of power. This
2. Robert, who works at ARC, has helped set relationship is prohibited by ARC policy.
up a boys’ football club in town. Robert enjoys
the football games, but he seems to
particularly enjoy being with local adolescents.
He gives presents (magazines, candy, sodas,
and pens) to various boys. You have heard
rumors that he offers these gifts in exchange
for sexual acts. However, when you ask
around, you are told that the boys making the
allegation are always making up stories like
this.
3. Joseph is a 20 year old locally-hired driver
for an NGO, who transports relief items from
the warehouse to the IDP camp where the
items are distributed. On one of his trips, he
recognized an 18 year old IDP girl walking on
the side of the road and gave her a lift back to
the camp. Since then, to impress her and win
her over, he frequently offers to drive her
wherever she is going and sometimes gives her
small items from the relief packages in his
truck, which he thinks she and her family
could use. The last time he drove her home,
she asked him inside her house to meet her
family. The family was pleased that she had
made friends with an NGO worker. Joseph
really likes the girl and wants to start a
romantic relationship with her with a view to
asking her parents consent to marry her. He
knows her family will approve. The local age
of consent is 18 years old, and Joseph is from
the same ethnic group as the young woman.
4.The UN Secretarial Bulletin: Special
measures for protection from sexual
exploitation and abuse prohibits sex with
prostitutes by humanitarian workers
regardless of location and time. As a UN
partner, ARC abides by these regulations.
5. Peter is in a position of power. This is
not consider informed consent.
4. John is an NGO staff member. While on
home leave, he picked a prostitute and took
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her back to his home where he paid her for
sex. Prostitution is not illegal in his country.
3. ARC Sexual
Misconduct Policy
5. Susan is an IDP in one of the camps. Peter
is also an IDP recruited as a volunteer worker
by an NGO to distribute food for which he
receives a small stipend. He has offered to
give Susan a little extra during the distribution
if she will be his “special friend”. She agrees
willingly. Both of them agree that they should
start a sexual relationship, and neither one of
them think that anything is wrong. Susan
hopes that the relationship might be a passport
to a new life in another country or at the very
least and opportunity to supplement her ration.
Peter does nothing to discourage these hopes.
a. Review ARC Sexual Misconduct Policy
Handout policy
b.Conduct following quiz. Have participants
hold up cards of different colors—one color
signifies agreement and the other
disagreement. After each one, give the correct
response.
1.A refugee who is employed by ARC must
abide by ARC’s Sexual Misconduct Policy as
any other humanitarian worker.
2.If someone working for an organization
contracted by ARC is found having sex with a
minor, ARC should ensure that that he gets
fired.
3. The sex life if an employee of a partner
NGO is his/her own business. ARC should
not get involved in what a staff person of a
partner organization does outside of work
hours.
4.Sexual violence and exploitation by
respected members of the community, such as
doctors, teachers is very rare.
5.ARC employees can be disciplined for not
reporting incidents of suspected sexual
exploitation that they are aware of.
1. True: ARC staff are drawn from the
beneficiary community and this can blur
the distinction between professional and
private relationships with other members
of the beneficiary community. For
example, some beneficiaries may already
be married to each other before joining
ARC. Yet these workers are also bound
by these principles. All ARC staff, by
accepting work with ARC, must accept
the special responsibility for humanitarian
care that goes with the job.
2. True:The employee of an ARC partner
who violates ARC’s policy should face
disciplinary action. In any event, this
employee cannot be allowed to continue
to provide services to ARC.
3. False: ARC partners cannot engage in
behavior that is contrary to ARC policy.
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6. Refugees who have sex with ARC
humanitarian workers are just as much to
blame as the ARC worker.
1.
4. False: SEA are problems in every
country of the world. Those in positions
of authority, such as teachers and doctors
can abuse their power and status by
exploiting children.
5.True. ARC policy requires all
employees to report any cases of actual or
suspected cases of SEA.
6. False. It is important to recognize the
unequal power relationships that exist in
situations when sex is traded for food or
other resources. Girls and women are
particularly vulnerable in crises situations
and have few options. Those in positions
of authority, such as ARC staff, have
access to resources and power. Therefore
it is important to stress their
responsibilities and mandates to protect.
4. Developing a
programmatic
response to SEA.
Break into small groups. Discussion question:
What are the specific conditions and
circumstances in your ARC program that
increase the vulnerability of women and
children to sexual abuse and exploitation?
Formulate recommendations to reduce
vulnerability and/or strengthening preventative
measures.
After groups report back, ask them to discuss
why reports of SEA are under reported and
what they can do to address this in their
programs.
5. Handling SEA
Complaints
There are three principal benefits to the
complaints and investigation procedures being
implemented and followed. These are:

Beneficiaries are protected, especially
women and children.
Those who have suffered sexual
exploitation/ abuse can be protected and the
rigorous application of such protocols acts as a
preventative measure.
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
ARC staff are protected.
Staff are clear as to what expectations
ARC has about their behavior and what to
do if they observe or are made aware of
inappropriate behavior on the part of
others. The presence of and adherence to
clear procedures helps to ensure due
process and protect them against false
allegations.

ARC’s reputation is upheld.
By implementing these procedures, ARC
is making clear its commitment to protect
the rights of beneficiaries by doing all it
can to prevent their sexual exploitation
and abuse. The ARC Sexual Misconduct
Policy and supporting procedures will
ensure that ARC moves towards best
practice and deters those who wish to
abuse beneficiaries from joining the
organization.
Key principles:
Confidentiality - complainants, witnesses and
subjects of a complaint have a right to
confidentiality. In some instances it will not
be possible to guarantee confidentiality e.g.
where referral is made to national authorities,
or where the witness’ identity will be readily
inferred. In such cases the guiding principle
should be that of ‘informed consent’.
Information needs to be shared on a ‘need to
know’ basis with the parameters of this being
established at the planning stage. The identity
of those involved should only be disclosed on
an authorized basis where referral to national
authorities is indicated.
Within the
disciplinary process it would not be necessary
or desirable to reveal the identity of
complainant, victim or other witnesses.
Records should be stored securely to avoid
accidental or unauthorized disclosure of
information.
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Anonymity - the fact that a complaint is made
anonymously does not automatically mean that
it bears less substance than one in which the
complainant identifies him/herself and is
prepared to give evidence. It may indicate fear
of reprisal. This being the case, anonymous
complaints should be treated as seriously as
‘named’ complaints - though the extent to
which they can be investigated may be
circumscribed
by
the
anonymity.
Consideration needs to be given as to how an
anonymous referral might be facilitated e.g.
via a complaints box.
The safety and welfare needs of
beneficiaries - the needs of beneficiaries,
especially women and children are paramount
in the investigation process and must be
constantly addressed. Their needs can be
summarized under the following four subheadings:


Safety - this is crucial for reasons outlined
above. While ARC may be unable to
guarantee safety, it is essential that a
witness plan is developed and reviewed and the witness advised as to the limits of
ARC’s capacity to protect (where such
exist) when ‘informed consent’ is sought.
Steps to promote safety might include
establishing a ‘safe zone’, moving to a
‘safe house’, relocating the subject,
relocating the witness or maintaining an
effective security/ law enforcement
presence.
Health - medical intervention should be
arranged to promote the witness’ health
and well-being (not generally as part of the
internal investigation process) to, for
example, treat injuries or treat sexuallytransmitted diseases. Where there is a
report of sexual abuse within the previous
72 hours the victim should be referred
immediately if medical treatment for HIV
post-exposure or emergency contraception
is to be effective.
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

Psycho-social - e.g. to help the witness
deal with fear, guilt, shame etc via access
to support groups and/or crisis counseling.
Legal/ justice - the decision to refer to
national authorities will hinge on a number
of factors and needs to be taken by the
President in consultation with ARC’s
attorney. However, there are a number of
potential benefits to the complainant/
witnesses (including recovery) as well as
risks and their views should be sought
about this.
Professional care and competence - all those
involved have due training, skills and
knowledge to fulfill their responsibilities. A
training strategy will need to be developed to
address the training needs of investigators,
managers and human resources staff. The
competence of all involved must be subject to
review within supervision and annual
appraisals.
Thoroughness - investigations must be
conducted in a diligent and rigorous manner to
ensure that all relevant evidence is obtained
and evaluated (including evidence which
might both support or refute the complaint).
Independence - it is essential that
investigators have no personal or professional
interest in the people implicated or the project.
The Director of Human Resources should be
consulted prior to the investigation.
Planning and review - to ensure that
investigations are planned, systematic and
completed according to agreed timeframes.
Respect for all concerned - including the
subject of the complaint. All concerned have
the right to be treated with respect and dignity
and to be kept informed of the progress of the
investigation.
Timeframes - it is in everyone’s interest that
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investigations are conducted as quickly as
possible without prejudicing quality.
A
number of factors (communication systems,
travel, distance etc) will influence what is a
reasonable timeframe. However, as a general
rule, investigations should be complete (i.e.
final report submitted) within 28 days of
receipt of complaint.
Working in partnership with other
interested parties - in some cases other
INGOs or NGOs might be implicated in the
complaint. In such instances, consideration
needs to be given to conducting a joint
investigation in the interests of sharing
relevant information and obviating the need
for repeated interviews.
National authorities - in any case in which a
crime appears to have been committed,
consideration needs to be given to informing
national authorities. This can be a very
challenging decision if there are doubts as to
the integrity of police/ legal systems. The
decision to inform the authorities should be
taken by the Director of Human Resources in
consultation with the President.
b. Small group discussion:
Why do cases of SEA go unreported?
There are many blocks to making a complaint
such as:








Fear of reprisal
Fear of ‘getting it wrong’
Fear that source of income (maybe to
sustain life) will be cut off
Fear of losing job or status
Cultural issues and norms - it is seen as
acceptable practice in the country/ region
Attitudes to women and children
A socio-economic or political context
which might sustain a belief that sexual
exploitation/ abuse is unimportant.
Isolation, lack of management and support
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


Age - as children are less likely to report
Lack of knowledge of how to report,
access to anyone with power or the will to
intervene
Lack of awareness that it is wrong.
c. Describe how to receive a complaint.
In the event of a staff member receiving a
complaint s/he should:










React calmly and listen carefully to what is
being said.
Reassure the complainant that she/he was
right to raise the concern.
Address issues of confidentiality (see “key
principles”).
Take what is said seriously - the
‘unthinkable’ is possible.
Avoid asking too many questions - ask
enough to have a clear understanding of
what is being said to pass the concern on
via ARC reporting procedures.
Ensure that her/his safety is not at risk.
Consider her/his need for medical attention
Tell her/him what will happen next.
Make a written record of what has been
said via the complaint incident form if
possible - but in any case a signed and
dated record of the complaint should be
made at the earliest opportunity.
Report it at the earliest opportunity.
Filing the complaint:
1. The first point of call should always be the
manager if the staff member has confidence
that their manager is in a position to act
appropriately and is not implicated in the
complaint.
2. If the staff member genuinely believes that
s/he would be victimized or s/he has no
confidence in the management structure then
the complaint should directly be raised with
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the Director of Human Resources at
Headquarters.
3. Even if the complaint is 'in the air' it must be
passed on and discussed with a manager.
4. The complaint should be made in writing
and signed and dated. ARC must ensure that
the person who makes a complaint receives
an assurance of confidentiality.
There
should also be a clear process for dealing
with anonymous complaints.
5. Once a complaint is made the manager who
receives the information should immediately
report it to the Country Director and the
Director of HR at headquarters.
All
complaints must be made where possible
using the complaint referral form and should
be sent in an envelope marked confidential
within 24hrs of the complaint being
received.
6. Once a complaint is made ARC will instigate
an investigation as per the Investigation
Procedures. The decision to pass on a
complaint of a criminal nature to national
authorities should only be made in
consultation with senior management.
7. If the complaint involves another
NGO/INGO staff partners/military then
within 48 hours a strategy meeting
involving the Country Director, the
Regional Manager, and the Director of
Human Resources coordinated to discuss
the concern and an Action Plan agreed.
8. ARC must acknowledge to the individual
staff member who made the original
complaint that the information will remain
confidential and that they will not be
identified unless it would be impossible to
proceed without identification of the
complainant. In this case the complainant
will be informed and if necessary steps taken
to ensure their safety and well-being.
9. ARC must inform the manager whether or
not a preliminary inquiry will go ahead and
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if so who will be conducting it and what
role, if any, s/he will be asked to play.
10. When the complaint does not warrant further
investigation then the manager may be asked
to take a number of steps to address concerns
in other ways, (addressing matters of poor
practice or training).
Role Play:
Mary: You are a displaced woman with a 14 Make sure that all of the complaint
year old daughter. Your daughter attends receiving and filing procedures are
school 5o km away from home. She is followed.
fortunate enough to have access to this
education. An NGO worker has been giving
her rides to school and you are pleased, as it
means she is home sooner and can help out
more. Lately your daughter seems reluctant to
ride with him. You begin to wonder why this
NGO worker is being so nice to your daughter.
You want to find out more about this worker
so you decide to talk to someone you know at
ARC. You only want to ask her some
questions to see what she thinks about
Michael. You don’t want her to think you
have any problem.
ARC Staff: One of the beneficiaries, Mary,
who attends your training sessions, strikes up a
conversation with you during a break at one of
your training sessions. She seems to have a lot
of questions about one of your colleagues,
Michael. You begin to suspect that Michael
may have acted inappropriately. How should
you respond?
Add Investigative process here:
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6. Management
Responsibilities
(Only if this is primarily management staff.)
Handout: Tips for Managers on
Write or state: ARC is obliged to create and
Establishing a Positive Climate (for end of
maintain an environment which prevents
this session.)
sexual exploitation and abuse and promotes
the implementation of its Sexual Misconduct
Policy. Managers at all levels have particular
responsibilities to support and develop systems
which maintain this environment.
Brainstorm ideas on what managers can do to
support and develop systems that maintain an
environment free of SEA.
7. Wrap-up
Examples of ideas:
Complaints mechanism
Awareness raising for beneficiaries
Contracts and legal arrangements with
partner organizations
Training and awareness raising for staff
Monitoring recruitment & selection
a.Review material covered.
b.Have each participant write down three
things that they will do in the next 30 days to
reduce beneficiary vulnerability to SEA and
promote a positive environment.
c.Identify a partner they will follow-up with in
30 days to review their progress.
Send you a report of their accomplishments.
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