POLICY ON PREVENTION AND RESPONSE TO SEA
SECTION
Policy statement
Definitions
Sexual exploitation 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.
Sexual abuse The actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.
Core statement HOSCA staff members shall provide humanitarian assistance and services in a manner that respects and fosters the rights of beneficiaries. For this reason and because there is often an inherent and important power differential in the interactions between staff members and beneficiaries, HOSCA strongly discourages staff members from having any sexual relationships with beneficiaries. In addition, HOSCA staff members shall protect against and prevent sexual exploitation and sexual abuse (SEA) of beneficiaries. Abusive and exploitative sexual activities with beneficiaries are absolutely prohibited.
Specific standards
- Exchange of money, employment, goods, assistance or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior, is prohibited.
- Sexual activity with children (persons under the age of 18) is prohibited, regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defense. This prohibition shall not apply if the HOSCA staff member is legally married to someone under the age of 18 but over the age of majority or consent in both the HOSCA staff member and spouse’s country of citizenship.
- Sexual relationships between staff members who deliver professional health services directly to beneficiaries and such beneficiaries are prohibited.
- Using the services of prostitutes or sex workers is prohibited, regardless of the legal status of prostitution in the laws of the HOSCA staff members’ home country or duty stations. This prohibition extends to the use of prostitution outside working hours, including while on Rest & Recuperation and home leave.
Consequences The above-mentioned acts as well as other types of sexually exploitive or sexually abusive behavior constitutes serious misconduct and, as such, are grounds for disciplinary measures, including summary dismissal. All HOSCA staff members, particularly managers, are obliged to create and maintain an environment that prevents SEA. The failure of HOSCA staff members to appropriately prevent or follow-up on claims of SEA, may be reflected in the staff members’ performance appraisal and constitute grounds for disciplinary measures.
SECTION
Prevention of sexual exploitation and abuse and accountability
Directors and heads responsibilities
- Serve as focal points for the prevention of sexual exploitation and abuse (PSEA) (“PSEA focal point”), who will inform HOSCA staff members under their supervision of the contents of the present Instruction, remind them of HOSCA’s zero tolerance policy for SEA at every appropriate opportunity, and ensure that their staff receive a copy of this Instruction
- Act as role models in making every reasonable effort to create and maintain an environment that assists in preventing SEA by HOSCA staff members
- Take appropriate action upon receipt of any report or complaint about SEA allegations, concerns or suspicions or retaliation related to SEA
- Create, maintain and raise awareness about the local complaint referral mechanism for NON-HOSCA staff members
- Ensure that all HOSCA staff members under their supervision participate in available training on PSEA and related issues on a regular and timely basis and as needed
- Take reasonable steps to prevent and monitor SEA-related retaliation against and by all HOSCA staff members under their supervision
- Discuss PSEA, as appropriate, as part of the Staff Evaluation System process
Every staff member responsibilities
- Read and ensure that they understand the present Instruction
- Report in good faith SEA allegations, concerns or suspicions or retaliation related to SEA that they have witnessed, or know of, by other HOSCA staff members, employees or other personnel of HOSCA Contractors, any other person working on HOSCA projects, or by people employed by or working for other organizations
- Cooperate fully with those responsible for investigating a report or complaint about SEA
Failure to comply The failure of HOSCA staff members to comply with the present Instruction may result in disciplinary measures.
SECTION
HOSCA Contractors
All contracts between HOSCA and HOSCA Contractors shall include the HOSCA standard PSEA which includes the obligations of HOSCA Contractors to take measures to prevent and prohibit SEA, to timely report to HOSCA any allegations, concerns or suspicions about SEA, to investigate allegations relating to their employees or other personnel of HOSCA Contractors, to take corrective action when SEA has occurred, and to ensure that the SEA provisions are included in all subcontracts. The failure of an HOSCA Contractor to comply with such contractual obligations shall constitute grounds for HOSCA to terminate the contract between HOSCA and the HOSCA Contractor.
PROCEDURES FOR REPORTING, RESPONDING TO AND TRACKING SEA
SECTION
For NON-HOSCA staff members: allegations, concerns or suspicions of SEA or filing SEA complaints
A local complaint referral mechanism shall be introduced in locations where HOSCA operates, for non-HOSCA staff members (e.g. beneficiaries and those people not included in paragraph 4 above) to report or complain about SEA or about retaliation related to SEA. Such a mechanism shall be reasonably accessible to non-HOSCA staff members (including HOSCA beneficiaries and the most vulnerable populations) in locations where HOSCA operates. HOSCA offices are urged to participate in jointly developed community-based complaint mechanisms, where appropriate. PSEA focal points are responsible for creating, maintaining and raising awareness about the local complaint referral mechanisms for non-HOSCA staff members.
SECTION
Response to a complaint or report of SEA
Actions
- Take all reasonable actions to protect the alleged victim, alleged offender, complainant, reporter and any witnesses from any retaliation
- Conduct any initial assessment and investigation, if deemed necessary, promptly and objectively in a neutral and confidential manner with full respect for the principles of due process
- Take appropriate measures to ensure effective cooperation in the Field between the Organization and non-governmental organizations on issues involving SEA
- Take the above action regardless of the function, title, length of service or contractual status of the person(s) concerned
Possible outcomes
- Take disciplinary action against the offender in accordance with Staff Regulation 10 or terminate the contract of the offender
- Take managerial action, including mandatory training, counselling, revision of standard operating procedures or other appropriate corrective measures
- Close the case if there is no or insufficient evidence of SEA
- Take any other action as deemed appropriate
Due process HOSCA ensures due process during all proceedings, including the right of the alleged offender to be informed of the allegations against him or her, to be given the opportunity to respond to those allegations and to request review of or appeal any decision taken against him or her according to standard HOSCA procedures.
SECTION
Prevention, data tracking and monitoring
The HR shall ensure that experience in preventing and addressing SEA is included in vacancy announcements for relevant positions. As part of the process of screening applicants for positions at HOSCA, the Human Resources Management shall: Require applicants to attest whether they have had any disciplinary measure imposed on them for misconduct (including for SEA); Ask referees whether a candidate has been the subject of any disciplinary measure for misconduct (including for SEA); Set up a mechanism to screen candidates for HOSCA positions for past misconduct (including for SEA). The Human Resources Management shall ensure that all disciplinary measures or alternative measures imposed pursuant to, or as a result of, the present Instruction are promptly recorded in the relevant personnel or administrative file.
Statement of Commitment on Eliminating Sexual Exploitation and Abuse
Six core principles
- Sexual exploitation and abuse by humanitarian workers constitute acts of gross misconduct and are therefore grounds for termination of employment.
- Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defense.
- Exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior is prohibited. This includes exchange of assistance that is due to beneficiaries.
- Sexual relationships between humanitarian workers and beneficiaries are strongly discouraged since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of humanitarian aid work.
- Where a humanitarian worker develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, whether in the same office or not, he or she must report such concerns via established office reporting mechanisms.
- Humanitarian workers are obliged to create and maintain an environment which prevents sexual exploitation and abuse and promotes the implementation of their code of conduct. Managers at all levels have particular responsibilities to support and develop systems which maintain this environment.
Standard psea clause for contractors
HOSCA Contractors warrant that they shall: Take all appropriate measures to prohibit and prevent actual, attempted and threatened sexual exploitation and abuse (SEA) by its employees or any other persons engaged and controlled by it to perform activities under this Agreement. Strongly discourage its employees or other personnel from having sexual relationships with HOSCA beneficiaries. Report timely to HOSCA any allegations or suspicions of SEA, and investigate and take appropriate corrective measures, including imposing disciplinary measures on the person who has committed SEA. Ensure that the SEA provisions are included in all subcontracts. Adhere to the above commitments at all times. Failure to comply shall constitute grounds for immediate termination of this Agreement.
Source: HOSCA organizational documents. Refer to the approved internal version where a current or signed copy is required.