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 1 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 2 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. 3 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. 4 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. 5 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. 6 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 7 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 8 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 9 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 10 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: 11 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. 12