CODE OF CONDUCT FOR HUMANITARIAN WORKERS IN THE KENYA REFUGEE PROGRAM October 2003 to July 2005 An Introduction

Refugees… greater exposure to exploitation & abuse Lack of access to protective measures e.g. education Lack of basic goods & services Power differential between service providers & users Breakdown in civil and family structures Poverty & social inequality Armed conflict Lack of knowledge of rights

These factors can lead to situations which provide opportunities for abuse of power and corruption by the people providing those services: Humanitarian Workers

Code of Conduct Developed by humanitarian agencies as a tool to prevent and combat abuse and exploitation Aims to reinforce the ethical behavior of humanitarian aid workers All signatories committed to the Code of Conduct Zero tolerance to: Abuse Exploitation Corruption

Humanitarian Workers Code applies to all those working on refugee Programs: Refugee staff Volunteers Casual laborers Drivers Warehouse guards Senior managers in Headquarters

Sexual and Gender Based Violence - examples Actual or threatened physical, sexual & psychological violence in the family /community BatteringSexual abuse Dowry-related violence RapeFemale Genital Mutilation Sexual harassmentTraffickingForced Prostitution

Sexual Exploitation All situations where a person in power, authority or control of resources seeks or accepts to provide protection, assistance or service in exchange for sexual acts or favors… includes taking advantage of a position of, differential power, or trust for sexual purposes

IMPORTANT Survivors who may appear to have consented to these acts have still been exploited if they were led to believe they had no other choice

Sexual Abuse Sexual abuse is actual or threatened physical intrusion of a sexual nature, including inappropriate touching, by force or under unequal or coercive conditions

Examples Teacher exchanging sex for good grades Refugee leader exchanging sex for privileges Security worker demanding sex Driver exchanging sex for a ride

CODE OF CONDUCT UNDERTAKINGS Humanitarian Workers will Respect and promote the fundamental human rights of all Treat all beneficiaries and others fairly according to international and Kenyan law, and appropriate local customs Uphold highest standards of accountability, efficiency, competence, integrity and transparency in executing responsibilities

CODE OF CONDUCT UNDERTAKINGS Humanitarian Workers will Never engage in sexual exploitation and abuse of beneficiaries in any circumstances Never engage in humiliating, degrading or exploitative behavior Never abuse their position to withhold protection, humanitarian assistance, services or provide preferential treatment to solicit sexual favors/gifts.

CODE OF CONDUCT UNDERTAKINGS Humanitarian Workers will Never commit any act or form of harassment that could cause physical, sexual, psychological harm or suffering Never exploit vulnerability of beneficiaries or allow them to be put in compromising situations Never engage in sexual activity with children – persons under 18 years. A mistaken belief is not a defense.

Humanitarian Workers will Never condone or participate in corrupt or illegal activities Never accept or exchange money for services, employment, goods or services for sex for services which are to be provided for free CODE OF CONDUCT UNDERTAKINGS

Humanitarian Workers will Ensure all breaches of the Code are reported to senior management or HR managers through established reporting systems Create and maintain an environment that prevent sexual exploitation and abuse Not purposely make false accusations against a fellow worker

Sexual relations with beneficiaries In principle, sexual relations between humanitarian workers and beneficiaries prohibited However, given that refugee workers are covered by the code, consensual and proper sexual relationships are not prohibited, as long as they are not abusive in any way as outlined in the code. While strongly discouraged, any humanitarian worker in such a relationship must inform his/her supervisor

All signatories agree to: Disseminate code and content in own agencies Ensure/monitor implementation and adherence Develop an environment that prevents sexual exploitation and abuse Ensure staff sign this or an organizational code Disseminate the code in appropriate languages Investigate reported breaches following usual administrative and disciplinary measures.

SIGNATORIES African Rehabilitation and Education Programme (AREP) GOAL KenyaLutheran World Federation (LWF) Windle Trust Kenya African Refugee Training and Employment Services (ARTES) Handicap International National Christian Council of Kenya (NCCK) World Vision International CARE International in Kenya International Rescue Committee (IRC) UNICEFInternational Organization for Migration (IOM) Deutsche Geselleschaft fur Technishe Zusammenarbeit (GTZ) Jesuit Refugee Services (JRS) UNHCRGTZ