Prevention of Sexual Exploitation and Abuse September 30, 2016

Learning Objectives Understand the meaning of key words use Understand the prevention of sexual exploitation and abuse (PSEA)  as a key practice across CARE programme and projects Become aware of that sensitive issues or “dirty” jokes is not appropriate in the office, community and public Explain how different groups have different levels of power (including humanitarian workers) and how this can lead to exploitation or abuse Explain actions which are not permitted by the CI Policy on PSEA Be aware of the correct procedure for reporting cases of SEA

Ground Rules for this session Listen and respect others Give everyone a chance to speak Be open and non-judgmental Note that we will (and they should) maintain confidentiality of survivors of SEA, and not prejudice investigations. However, if they raise specific, real incidents that are examples of SEA then we will be duty bound to report them. 3

CARE Messages Sexual exploitation and abuse are unacceptable Any staff member person who has committed an offence will be dismissed. It is your responsibility to report cases of sexual exploitation and abuse. Reporting protects survivors and stops abuse

Your Responsibility It is your duty and responsibility to: Report behaviour that you feel is not in line with the main rules on SEA Actively promote and maintain an environment in which all staff feel that they can report abuses. You agree to this when you sign the Code of Conduct on joining CARE 5

Brainstorm

Questions for Groups Discussion What is sexual exploitation? What is sexual abuse? What is sexual harassement?

Sexual Exploitation The definition of the term “sexual exploitation” is 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. An example of this is engaging in sex with prostitutes. In sexual exploitation, sexual contact could be “offered” rather than demanded, but it is done so under conditions of differential power.

Sexual Abuse The definition of the term “sexual abuse” is the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. An example of this is rape or attempted rape

Sexual harassment The definition of “sexual harassment” is 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, when such conduct interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive work environment. Examples of this include, jokes or remarks with sexual content; propositioning for dates at working place, comments on one’s appearance or clothing.

Difference between “sexual harassment” and “sexual exploitation and sexual abuse” Sexual harassment is defined as any unwelcome sexual advance, request for sexual favours or other verbal or physical conduct of a sexual nature, when it interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive work environment. It is particularly serious when behaviour of this kind is engaged in by any official who is in a position to influence the career or employment conditions (including hiring, assignment, contract renewal, performance evaluation or promotion) of the recipient of such attentions. Not all sexual harassment involves an abuse of a position of vulnerability, differential power, trust or the actual or threatened physical intrusion of a sexual nature. If it does, it also constitutes sexual exploitation or sexual abuse. Sexual harassment and sexual exploitation and abuse are all considered serious misconduct. All three should be reported. The person reporting does not have to specify into which of these categories the conduct falls

Sexual and Gender-based Violence GBV is an umbrella term for violence that is directed against a person on the basis of gender or sex. It includes acts that inflict physical, mental, or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. While women, men, boys, and girls can be victims of gender-based violence, women and girls are the main victims.

Casestudies

Case study 1: Improper Behavior (answer) The Code of Conduct also forbids sexual activity with persons under the age of 18 because they are still considered to be children. Even if the local laws and customs differ, sexual activity with anyone under the age of 18 will likely result in immediate dismissal. Mistaken belief in the age of a child is not a defense. The staff not participating must report any concerns or suspicion they have regarding possible violations of the CARE Code of Conduct. Employees must report via CARE established reporting procedures even when the person who may be in violation of the Policy is related personal and not a CARE staff.

Case study 2: School Tuition (answer) This constitutes an act of sexual exploitation and abuse because: … engaged in sexual activity with a person under the age of 18 which is prohibited, regardless of the local age of consent … failed to create and maintain an environment that prevents sexual exploitation and abuse by exchanging money for sex. Alfred abused a position of vulnerability, differential power, and trust, for sexual purposes and had sex under unequal or coercive conditions. This act is a gross misconduct in violation of CARE’s Code of Conduct and Alfred will almost certainly lose his job.

Case study 3: Taken for a ride (answer) There are several reasons for concern If Khoumkeo has sex with Maivic it constitutes an act of sexual exploitation and abuse because: Sexual activity with anyone under 18, regardless of the local age of consent is prohibited under the Code of Conduct Exchanging goods for sex is a violation of the Code of Conduct. Having sex under unequal or coercive conditions is abuse of a position of vulnerability, differential power, or trust is prohibited under the Code of Conduct. Although it is beyond the scope of this exercise, misuse of CARE property, including use of a vehicle for carrying unauthorized passengers constitutes misconduct.   If Khoumkeo had sex with Maivic he will certainly lose his job. Otherwise he will be subject to disciplinary action for misuse of care property.   Note: Even if Maivic were not under 18, sexual relationships between CARE staff and project participants of assistance are strongly discouraged because of the inherently unequal power dynamics and the risk of sexual exploitation and abuse occurring. Staff must exercise good judgment to avoid any appearance of impropriety that could undermine the credibility and reputation of CARE.

Case study 4: Joke (answer) There are several reasons for concern Telling of sexist jokes is a form of sexual harassment, and there is a danger of making the participants and the young female colleague uncomfortable. There is a danger of reproducing gender stereotypes, and make people feel that it is normal to make sexist joke at the workplace or/and in the public. Miss Somphanh can explain to the male manager directly that sexist jokes are not appropriate, but in a friendly way or she could report the case to her line manager and follow up with the case.

Case study 5: Staff interaction (answer) Unwanted touching is a form of sexual harassment as it makes the other person feel uncomfortable. Peuksa could talk to him directly that she doesn’t feel comfortable with his action, but in a nice and friendly way. Peuksa has the right to express of her feeling that her male colleague performance is unacceptable for her.

Reporting Mechanisms Maintain confidentiality CARE has its own internal reporting system CARE will work together and with local communities to establish external reporting mechanisms, so that communities know where and how to report

Reporting in CARE Staff should report by whichever means they prefer. This could be: To a supervisor or senior manager To Human Resources department To the whistleblower line/website (http://www.care.ethicspoint.com –CARE USA and Canada; tellus@care.org.au / +611800898 834 –CARE Australia; cisecretariat@careinternational.org –CARE International Secretariat) Involve as few people as possible (increases confidentiality).

Cross-Agency Reporting Managers, focal points or other staff may receive allegations regarding someone from another agency: The principle is confidentiality The aim is for the allegation to reach the appropriate section of the relevant organization as quickly as possible Staff may be asked to make a written statement detailing the allegation

Reporting to Local Authorities Here the alleged act constitutes a crime, the CARE focal point (or any other interviewer) should explore with the complainant (alleged victim) whether they would like assistance with reporting to authorities The decision to report to authorities is solely that of the complainant CARE will normally provide support to the complainant

Wrap-up Anyone found engaging in this kind of behavior will have their contract terminated immediately, following an investigation. If they have contravened national law, they will likely be reported to the police (or other legal body), depending on the wishes of the survivor. Everyone must report incidents where the policy is not being followed. Use the correct reporting policy in your office, or use the website/ if you prefer.

“To Serve with Pride” Video When wathing the video please think of how SEA might happen in the context of the work you do with CARE https://youtu.be/NfMKMCYFgPo