Protection from Sexual Exploitation and Abuse (PSEA) Policy

AID-COMILLA
Association for Integrated Development-Comilla (AID-COMILLA)

Street Address: Village : Raghupur (South of Bakrabad Gas Head Office) , Post Office : Rajapara; Union : Jagannathpur; Upazila: Comilla Sadar; Comilla-3500, Bangldesh
Mobile # 01713018973, 01715082180
E-mail:aidcomilla.azad@gmail.com, aidshafali@yahoo.com;
www.aidcomilla.org

Adopted June 16, 2023

Organization in Special Consultative Status with the Economic and Social Council since 2013 of United Nations
Policy for all staff and Volunteers
1.Introduction

AID-COMILLA is committed to working with others to end injustice and eradicate poverty, and to build a world which upholds the rights and dignity of all. We recognize that to work with integrity we must ‘walk the talk’ and ensure that anyone who comes into contact with AID-COMILLA is protected from any form of injustice,discrimination, or abuse.
The purpose of this policy is to ensure that procedures are in place to protect rights holders and communities we work with, including adults at-risk, from sexual abuse or exploitation, or other harmful and inappropriate behavior, carried out by any member of the AID-COMILLA Federation or AID-COMILLA representative.
Every aspect of our work must be carried out in a way that ensures the rights and dignity of rights holders, community members, and adults at-risk. We are committed to working with them to ensure that they are not simply safe from harm but safe to realize their rights and be active agents of change.

Building on our Code of Conduct and feminist approach, AID-COMILLA is committed to preventing any form of sexual harassment, exploitation and abuse and responding robustly when these harms take place. This means that we take all concerns seriously and carry out timely and robust responses to allegations of abuse. No one will be victimized for making a complaint and AID-COMILLA is committed to working with complainants and survivors to ensure they are central to any response, are not further harmed or disempowered by any processes, and receive support throughout. AID-COMILLA views any form of sexual violence as a gross violation of human rights. We will not tolerate any form of abuse, exploitation, or harm carried out towards our own employees, rights holders, communities, or anyone we come into contact with through our work. We recognise that all forms of Sexual Harassment, Exploitation, and Abuse and other Safeguarding concerns, including abuse of adults at-risk, are rooted in an imbalance of power, particularly gendered and sexualised abuses of power. Because of the power imbalances inherent in the international aid sector, and within the wider social norms and structures in which we work, we have a duty to prevent and respond robustly to allegations of sexual exploitation and abuse. We recognise that when individuals in our sector carry out sexual exploitation and abuse towards those we have a duty to protect this inflicts harm and breaches human rights, breaks the trust placed in our sector, and jeopardises the credibility of all national level organisations.

Purpose

We recognise that as a national level NGO, those working with AID-COMILLA have increased power and privilege. We are committed to safeguarding all people who come into contact with AID-COMILLA through our work in humanitarian and development contexts from abuse of that power and privilege. This applies to everyone irrespective of race, age, gender, gender identity, sexual orientation, culture, dress, language, political affiliation, health status, class, caste, ethnicity, marital status, disability, location, pregnancy, and religion.

This policy provides guidance and direction to anyone associated with ActionAid so that:

• All AID-COMILLA staff and other representatives understand the importance of preventing sexual exploitation and abuse, and their responsibility to ensure that they and their work do not deliberately or inadvertently cause harm to rights holders and community members, including adults at-risk.
• All AID-COMILLA staff and other representatives understand their role in preventing sexual exploitation and abuse, and the consequences of breaching this policy
• All ActionAid staff and other representatives understand their responsibility to report any concerns relating to sexual exploitation and abuse and have access to clear guidelines on how to report suspected abuse.
• All organisational processes and structures reflect our duty of care towards rights holders and the communities we work with, including adults at-risk and put in place procedures to safeguard them in every aspect of our work so that we build a culture free from abuse, discrimination, and harm.
• AID-COMILLA commits to uphold the highest level of personal and professional conduct amongst its staff, contractors, volunteers, board members and partners working in or visiting all programming contexts, particularly humanitarian settings, ensuring zero tolerance of all forms of sexual exploitation and abuse against affected populations and in times of conflict, disaster and occupation.

Difference between AID-COMILLA’s Protection from Sexual Exploitation and Abuse; Sexual Harassment, Exploitation, and Abuse at Work; and Child Safeguarding policies

AID-COMILLA’s Safeguarding approach seeks to prevent and robustly respond to all forms of sexual harassment, exploitation, abuse and other Safeguarding harms carried out by AID-COMILLA staff and other representatives towards anyone we come into contact with through our work. AID-COMILLA’s Safeguarding approach and policy positions are outlined in the overarching AID-COMILLA Safeguarding Policy.

We recognise the ways in which these forms of sexual violence and abuse of power intersect and inform each other. However, in order to identify and address the different ways in which these abuses of power manifest our policies distinguish between abusive behaviours carried out between staff and other representatives (addressed through our Sexual Harassment, Exploitation, and Abuse at Work policy), abusive behaviour carried out towards children (addressed through our Child Safeguarding policy), and abusive behaviour carried out towards rights holders and communities, including adults at-risk (addressed through this policy). For concerns regarding children please refer to the Child Safeguarding policy. For concerns regarding sexually harassing, abusive, or exploitative behaviour towards staff and other AID-COMILLA representatives please refer to the Sexual Harassment, Exploitation, and Abuse at Work policy. For any concerns regarding allegations of illegal and improper conduct and wrongful acts including, but not limited to, suspected fraud, criminal activity, or miscarriages of justice, please refer to the Whistleblowing Policy.

Scope

This policy is binding for all offices and working locations of AID-COMILLA, and at both the organisational and project level. Policies created at national office levels will include all elements of this policy and may only differ to ensure alignment with national legislation. Should this policy demand a higher standard than the local laws then this policy will prevail.

This policy is binding for all AID-COMILLA staff members, whether full time, part time or engaged on fixed term contracts. In line with AID-COMILLA’s Code of Conduct, this policy is binding both in and outside of working hours and in all aspects of a staff member’s life. It is also binding for other representatives working with AID-COMILLA, including (but not limited to) partners, volunteers (including board and assembly members), consultants, contractors/suppliers/vendors, interns, visitors (e.g. donors), dependents accompanying staff while working for AID-COMILLA, and other individuals acting as representatives of AID-COMILLA. All staff and representatives named above can raise a complaint via the procedures outlined in this policy.

AID-COMILLA Directors/International Leadership Team hold overall accountability for this Policy and its implementation. They are responsible for ensuring the policy is reviewed and updated every two years.

Adherence to this policy will be reviewed through auditing mechanisms. Updates to the policy will be recommended through the Global SHEA and Safeguarding Lead to the International Leadership Team (ILT) who will seek approval from the International Board. In the case of substantive changes to this policy, the International Board will seek approval from the General Assembly.

Feminist Leadership Principles————————————————————————————————–

AID-COMILLA’s SHEA and Safeguarding approach is built on our Code of Conduct and feminist leadership approach.

AID-COMILLA’s transformative vision of a just world free from poverty, oppression and patriarchy requires transformative feminist leaders: leaders who enable others to lead, building power with them instead of over them.

AID-COMILLA has developed the following 10 commitments on feminist leadership. Staff are expected to embed these into every area of their work and their behaviour:

1. Self-awareness
2. Self-care and caring for others
3. Dismantling bias
4. Inclusion
5. Sharing power
6. Responsible and transparent use of power
7. Accountable Collaboration
8. Respectful Feedback
9. Courage
10. Zero Tolerance

Definitions

• Adult at-risk o Someone over the age of 18 who, for physical, social, economic, environmental or other factors can be more vulnerable to abuse, exploitation or other harms
•   Given the definition above, many people we work with in communities around the world would come under this definition. Recognising this we will work to ensure that this is an empowering rather than a dis- empowering term, and that we use it to work with communities to uphold the rights and dignity of those who may be at greater risk of abuse or exploitation.
•  The term ‘Vulnerable Adults’ is often used interchangeably with ‘Adults at-risk’. We are choosing to use the phrase at-risk instead of describing individuals as vulnerable, as this can be a disempowering term if it suggests inherent vulnerability rather than reflecting on where this relates to systems of power.
•   Safeguarding duties apply to an adult who:
•  has needs for additional care and support
•   is experiencing, or at risk of, abuse or neglect
•   as a result of those care and support needs is unable to protect themselves from either the risk of, or the
  experience of abuse or neglect
  Abuse o Domestic – “Including psychological, physical, sexual, financial, emotional, or so-called ‘honour’ based violence.”
•  ‘Honour’ based violence refers to an honour code set at the discretion of male relatives and the punishing of women for bringing shame on the family when they do not abide by the ‘code’. Infringements may include rejecting a forced marriage, pregnancy outside of marriage, seeking divorce, inappropriate dress, and even kissing in a public place.
•  Men can also be victims, sometimes as a consequence of a relationship which is deemed to be inappropriate, if they are gay, have a disability, or if they have assisted a survivor.
• Financial/material – “Including theft, fraud, and coercion in relation to financial affairs such as, property or financial transactions”
• Modern Slavery- “Including slavery, human trafficking, forced labour and domestic servitude.
• Traffickers and slave masters using whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment. Please also see section for Modern Slavery
•   Neglect – “Including ignoring emotional or physical care needs, failure to provide access to appropriate healthcare or educational services, the withholding of life necessities such as food.”
•  Organisational- This can happen through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation.
•   Physical – “Including assault, hitting, slapping, pushing, restraint, or inappropriate physical punishments.”
• Psychological – “Including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation, or unreasonable and unjustified withdrawal of supportive networks”
•  Sexual – “actual or threatened physical intrusion of a sexual nature, whether by force or under unequal conditions e.g. sexual assault, rape, indecent exposure, sexual photography, sexual teasing or innuendo.

The above examples are not exhaustive, and an individual can raise concerns via the procedures laid out in this policy if they believe they have experienced sexual harassment, exploitation, or abuse.
Sexual abuse

• “actual or threatened physical intrusion of a sexual nature, whether by force or under unequal conditions e.g. sexual assault, rape.
• AID-COMILLA strictly prohibits staff and other representatives from engaging in any kind of sexual activity with adults at risk.
  Sexual exploitation o “any actual or attempted abuse of power or trust for sexual purposes, including, but not limited to, profiting commercially, monetarily, socially, or politically from the sexual exploitation of another” 1
• This can represent a wide spectrum of examples including but not limited to invasion of someone’s sexual privacy, forced transactional sex, non-consensual filming of a sexual act or exposure of genitals, online grooming, or knowingly spreading a sexually transmitted disease or infection.
• It is important to understand that sexual exploitation is not limited to sexual intercourse, as detailed in some examples above, and includes acts of intimidation of a sexual nature that are intended to cause discomfort and embarrassment.                                                                                                                                                                              OTHER RELEVANT TERMS
• Child abuse o All forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other
  exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power.

http://pseataskforce.org/en/overview

• The main categories of abuse are defined by WHO as physical abuse; sexual abuse; psychological abuse; and neglect.
• Physical abuse can include inappropriate physical punishments towards a child, and/or assaulting, pushing, hitting, and slapping them.
• Sexual abuse is defined as any sexual activity, or actual or threatened physical intrusion of a sexual nature, with someone under the age of consent or under 18, whichever is greater, is considered sexual abuse.
• Psychological abuse can include, especially in relation to children, threats of harm or abandonment, deprivation of *
•  Neglect can involve preventing access to education, food or other life necessities, and any emotional or physical care needs. Whatever form it takes, neglect can be just as damaging to a child as physical abuse. Children are more susceptible to neglect given their inherent vulnerability and dependence on adults for support.
  It is common for a child that is abused to experience more than one type of abuse, and it often happens over a period of time rather than being a one-off event.Community member
• A person living in a community within which AID-COMILLA operates, however, they are not necessarily engaged with any programmes.
  Complainant
•  This is the person making a complaint; it may be the person who experienced what is being reported (the survivor), or it may be another person (a third-party complainant) who becomes aware of an issue and makes the complaint.
  Female genital mutilation
• “Female genital mutilation (FGM) comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.”
• FGM is recognized internationally as a violation of the human rights of girls and women. It reflects deep-rooted inequality between the sexes and constitutes an extreme form of discrimination against women. It is nearly always carried out on minors and is a violation of the rights of children.
• The practice also violates a person’s rights to health, security and physical integrity, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when the procedure results in death.
  Forced marriage
•  Marriages in which one and/or both parties, whether adults or children, have not personally expressed their full and free consent to the union.
• As is the case with child marriage more specifically, this is something AID-COMILLA campaigns against given our human rights-based approach.

Gender-based violence (GBV)

• “Gender-based violence is an umbrella term for any harmful act that is perpetrated against a person’s will, and that is based on socially ascribed (gender) differences between males and females”
• Acts of gender-based violence are a form of sexual abuse and can affect any stakeholder, whether staff or community members.
• They are often carried out by men towards women and can result, in part, from power imbalances. Therefore, this is regarded as a significant SHEA and Safeguarding issue within the operating context of AAI.
  Investigation                                                                                                                                                                                 A process designed to gather information in order to determine whether wrongdoing occurred and, if so, the persons responsible. At AAI this will take the form of an internal fact-finding process.Modern slavery
• Slavery is a situation where a person exercises perceived or real power of ownership over another person.
• Modern slavery covers different types of labour exploitation, ranging from the mistreatment of vulnerable workers to human trafficking to child labour and forced sexual exploitation.
• Related terms include human trafficking, covering coercion and recruitment under false pretences, and bonded and forced labour, which is labour undertaken as a repayment or under threat of punishment respectively.
  Rights holder                                                                                                                                                                                         A rights holder is someone receiving assistance through AID-COMILLA’s work. This is alternatively referred to in other organisations as a member of the affected population, person we seek to assist, person affected by crisis, or beneficiary. A rights holder is different to a community member in that a community member may not be engaging in our programmes and AID-COMILLA must therefore be more aware of the risks that they face.
  Staff/ Representatives
•  This refers to “staff, volunteers (including board and assembly members), consultants, interns, visitors, dependents accompanying staff while working for AID-COMILLA, and other individuals acting as representatives of AID-COMILLA, such as partners working in communities.” When we refer to staff and other representatives in the document, we are referencing this entire group.
• This is not an exhaustive list and covers anyone who is a representative of AID-COMILLA
  Survivor
•  a person who has experienced sexual abuse, exploitation, or harassment.
• The terms ‘victim’ and ‘survivor’ can be used interchangeably. ‘Victim’ is a term often used in the legal and medical sectors. ‘Survivor’ is the term generally preferred in the psychological and social support sectors because it implies resiliency.”
• AAI uses the term survivor as part of our survivor-centred approach as it emphasises the power of the individual,
  which the term ‘victim’ can remove, and their agency.

However, it is important that those affected by sexual abuse and exploitation can choose the term they prefer.
Trafficking

• Trafficking is a process of enslaving people, coercing them into a situation with no way out, and exploiting them.
• People can be trafficked for many different forms of exploitation such as forced transactional sex, forced labour, forced begging, forced criminality, domestic servitude, and forced marriage, and forced organ removal.
• Transactional sex is strictly prohibited by AID-COMILLA along with any other forms of humiliating, degrading or exploitative behaviour, including exchange of assistance that is due to rights holders.
• AID-COMILLA does not make judgement against rights holders or others who choose to take part in such transactions but recognises the inherent unequal power dynamic and so prohibits staff from exchanging money or anything else for sex.
  Young people
• Persons between the ages of 15 and 24 years…Within the category of “youth” and “young people”, it is also important to distinguish between teenagers (13-19) and young adults (20- 24), since the psychological and health problems they face may differ.

2. Confidentiality

Confidentiality is vitally important to SHEA and Safeguarding. We are committed to working with survivors/complainants and all others involved in an incident management process in a confidential and respectful manner. Breaches of confidentiality undermine confidence and trust in AID-COMILLA’s Safeguarding and complaints management processes and in the organisation itself. Maintaining confidentiality around people’s personal data and information is particularly important when managing issues relating to sexual harassment, exploitation and abuse.

From the point of disclosure to the final outcome of any investigation, every effort will be made to maintain and promote confidentiality in order to protect the safety and privacy of everyone involved.

Information must be shared on a ‘Need to Know’ basis – that is, only those who need to be informed so they can support an investigation or because they hold overall accountability will be given information, and they will receive only as much information as they need in order to be effective.

If information is shared confidentially which relates to a child or suggests that someone’s life is in danger, then action will need to be taken outside of standard confidentiality procedures in order to ensure that everyone is safe. This will be managed on a case by case basis, and the safety and wellbeing of the child or adult in question is always paramount. As noted above, only those who need to know will be informed so they can take effective action.

2.1 Data Protection

AID-COMILLA will ensure that it complies with local and international data protection laws when gathering, storing, or sharing any data relating to individuals and SHEA and Safeguarding (e.g. in our fundraising, communications, and incident management approach), and will follow the guidance on retaining data on incident management that is issued by the Global SHEA and Safeguarding Team.

3. Roles and Responsibilities

The Code of Conduct states that it is the duty and the responsibility of all staff and other representatives to report any suspicions or incidences of sexual harassment, exploitation and abuse. Failure to report to an appropriate person is a breach of AID-COMILLA’s Code of Conduct and this policy, and could lead to disciplinary action being taken. More details on reporting can be found in Section 9.

In line with AID-COMILLA’s survivor-centred approach, individuals do not have to report about something that they have experienced.

Staff must always:

• Ensure their behaviour is based on AID-COMILLA’s values, adheres to this policy and AID-COMILLA’s Code of Conduct, and always upholds and promotes the rights and welfare of rights holders and the communities we work with, including adults at-risk.
• Promote and raise awareness of this policy to everyone they come into contact with in their work.
• Ensure they are aware of their SHEA and Safeguarding Focal Point who is responsible for advising on and mitigating risk in line with this policy.
• Report any suspicions, concerns, or behaviours that breach this policy to the appropriate person(s). More details on reporting can be found in Section 9. This includes (but is not limited to) any suspicions or incidents of sexual abuse and exploitation carried out by staff, other AID-COMILLA representatives, partners, community members and others.
• Ensure that the rights of rights holders and communities are central to any activities carried out in their area of work.

Staff must never:

• Sexually exploit or abuse anyone we come into contact with through our work, this policy addresses harms carried out towards rights holders and community members, including adults at-risk in particular.
• Engage in any sexual activity with rights holders or adults at-risk
• Engage in any sexual activity with children.
• Engage in any kind of exploitative or harmful behaviour towards members of a community that AID-COMILLA works with or near to.
• Raise malicious complaints or use the policy for purposes other than what it is intended for.

Executive Director:

Executive Directors must always:

• Create a safe environment where staff and others feel able to raise concerns without fear of retribution.
• Be aware of the local and international laws and best practice applying to rights holders and community members, including adults at-risk, ensuring that all activities reflect these and that staff members are made aware of them.
• Ensure a Safeguarding Focal Point is in place, having undergone a selection process, who will raise awareness of Safeguarding and act as a reporting point for suspicions, concerns, and complaints.
• Ensure adequate funding is in place to support Safeguarding activities in their country (e.g. funding to ensure that all staff receive annual training).
• Ensure that the Safeguarding Focal Point raises all concerns and complaints to the Safeguarding Team, within 24 hours where possible.
• Work with Safeguarding Stakeholder Panel to respond robustly when any concerns relating to sexual exploitation and abuse of rights holders or community members are raised. Ensure that procedures for reporting and investigating suspected cases of abuse and exploitation are followed and ensuring they are in line with this policy and local laws. Including reporting to appropriate authorities for investigation and follow up.
• Ensure that the relevant disciplinary procedures are implemented for staff members who have violated this policy.
• Ensure all staff members are trained on the human rights of rights holders and community members, how to recognise different forms of abuse and exploitation, and how to raise concerns through the appropriate channels.
• Set a positive example both on and off duty.

Line Managers

Line Managers must always:

• Create a safe environment in their area of responsibility and directly with the staff they manage, to ensure that staff and others feel able to raise concerns without fear of retribution.
• Ensure staff members in their line of authority receive an induction on this policy and that any concerns raised about staff in the line of management are addressed through appropriate means (e.g. investigation, performance management).
• Ensure that staff members are aware of their responsibilities and accountability for the welfare of rights holders and community members, including adults at-risk during AID-COMILLA activities.
• Ensure that staff members are aware of their responsibilities for reporting and the procedures for doing so.
• Ensure that all processes, procedures, and activities are carried out in a way which seeks to minimize the risk to rights holders and communities (e.g. through carrying out routine risk assessments).
• When managing a recruitment, work with HR to ensure that appropriate measures are put in place to prevent individuals who may harm others from entering AID-COMILLA (e.g. through safer recruitment processes).
• Ensure that poor practice or potentially abusive behaviour towards rights holders and community members by AID-COMILLA or partner staff members does not go unchallenged.
• Ensure this policy is included as part of any partnership agreement or memorandum of understanding (MoU) with AID-COMILLA partners.
• Set a positive example both on and off duty.

Safeguarding Focal Points

Safeguarding Focal Points must always:

• Work with others to create a safe environment where staff and others feel able to raise concerns without fear of retribution.
• Ensure that this policy is displayed at prominent places within the office, as well as online, and to make it accessible to all members of staff.
• Ensure that all inductions include a discussion of this policy.
• Deliver training to all staff on this policy and other policies that fall within the SHEA and other Safeguarding concerns remit.
• Work with others to ensure that the values, commitments, and procedures set forth in this policy are embedded throughout all AID-COMILLA’s programmes and activities, and those of our partners.
• Ensure that they raise all concerns and complaints relating to Safeguarding Team.
• Work with the Safeguarding Stakeholder Panel to address concerns relating to sexual exploitation and abuse, and ensure incident management is carried out in line with AID-COMILLA’s Safeguarding approach.
• Set a positive example both on and off duty.

Human Resources
Human Resources must always:

• Work with others to create a safe environment where staff and others feel able to raise concerns without fear of retribution.
• Work with Safeguarding Focal Point to ensure that this policy is displayed at prominent places within the office, as well as online, and to make it accessible to all members of staff.
• Work with Safeguarding Focal Point to ensure that all inductions include a discussion of this policy.
• Ensure that the values, commitments, and procedures set forth in this policy are embedded throughout the employee life cycle (including safer recruitment, performance management, and exit).
• Work with the Safeguarding Stakeholder Panel to address any concerns relating to abuse or exploitation of rights holders and communities, including adults at-risk by providing strong employment law and employee relations advice, and ensuring that all relevant AID-COMILLA policies and processes are followed correctly throughout the incident management process.
• Set a positive example both on and off duty.

4. Working with partners
• AID-COMILLA partners must abide by AID-COMILLA’s Code of Conduct safeguarding related policies. All memorandum of understandings (MoU) with partner organisations and consultancy agreements with consultants and suppliers should include this policy as an appendix when starting any project. Breaches can lead to termination of contractual and/or partnership agreements.
• AID-COMILLA will work with all partners to ensure they receive training on AID-COMILLA’s Safeguarding policies and approach, and to ensure that spaces are created to share knowledge on best practice to address sexual exploitation and abuse and recognise the expertise of our partners in this area as well as our own approach.
• Staff working with partners must ensure that partner organizations and their staff sign up and abide by the AID-COMILLA Code of Conduct. AID-COMILLA must work with partners to carry out Safeguarding risk assessments and/or ensure that partners carry out their own SHEA and Safeguarding risk assessments.
• AID-COMILLA partners, by the nature of their work, interact with at-risk communities and will therefore be aware of sensitive information concerning rights holders and community members, including adults at-risk. AID-COMILLA will work with partners to ensure that partners have a robust reporting mechanism for partner staff and community members to access. AID-COMILLA and partners must have agreements in place to ensure that concerns relating to Safeguarding (for partner staff, rights holders, and community members) is shared through designated roles to maintain confidentiality.
• Concerns regarding partner staff members must be reported immediately via the reporting mechanisms detailed below. If AID-COMILLA receives a complaint about a member of staff at a partner organisation, AID-COMILLA will work with the partner to ensure this is responded to quickly and appropriately. If there is reason to believe that a complaint has been dealt with inappropriately or inadequately by a partner, AID-COMILLA must consider whether they will withdraw funding or end the relationship.

5. Safer Recruitment and Employee Lifecycle

In line with best practice, stringent recruitment processes will be put in place in order to reduce the likelihood of engaging someone who may pose a Safeguarding risk to the communities we work with, and to staff and other representatives within the organisation. The following steps must be included in all Recruitment and Selection procedures:

• Job adverts and job descriptions clearly detail any role responsibilities relating to rights holders and communities, including adults at-risk, and the organisational values and commitment Safeguarding. The job description is to be used as the primary basis of assessing an applicant’s abilities.
• All interviews will include questions that assess an applicant’s understanding Safeguarding (including child safeguarding) and assess their ability to reflect on AID-COMILLA’s values and feminist approach.
• Interviews for positions that involve working with adults at-risk or children must include behavioural based questions that assess the candidate’s suitability to work with adults at- risk or children.
• Gaps in employment and/or education history will be discussed at interview.
• AID-COMILLA will not knowingly appoint any person with a history of perpetrating any form of or sexual harassment, exploitation, and abuse, e.g. adult at-risk abuse, child abuse, or Gender Based Violence. AID-COMILLA will ensure that recruitment of staff and other representatives will include reference checks (written and verbal where necessary).
o Consent will be sought from the successful applicant to request two references, including one from their most recent employer (or place of education), which provides, where permitted, the reason for leaving, and where appropriate, whether the candidate is suitable to work with adults at-risk.
• Relevant police/criminal records checks will be carried out in line with country requirements. Staff and other representatives in roles that involve having direct access to rights holders and community members, particularly adults at-risk, will require a self-disclosure of any convictions (relating to adult at-risk abuse and child abuse in any form) prior to interview stage and a criminal record check, wherever this is obtainable.
o This also applies to staff changing role internally, and those who are likely to be deployed, in which case a check should be completed in advance. In countries that have a database of sexual offenders or people not suitable to work with adults at- risk or children then this too will be checked.
• Proof of identity should be confirmed at the interview stage, and a hard copy added to the staff file

• The Code of Conduct and the Safeguarding overarching policy are included alongside the offer letter to all new staff and representatives. The Code of Conduct must be signed by all staff and other representatives before commencing duties.
• HR staff drafting employment contracts should, where possible under national law, include a clause that specifies the staff member can be dismissed if they are found to have breached this policy or Code of Conduct.
• All performance management processes and appraisals must include an assessment of how the individual upholds AID-COMILLA’s values and how Safeguarding intersects with their work
• Ensure exit processes are carried out in person or remotely, learning is recorded and acted upon as appropriate, and any Safeguarding concerns raised at this stage are addressed appropriately
• Ensure references are provided in line with our HR policies, and that information on staff misconduct/disciplinary proceedings is shared with the prospective employer in line with best practice and our HR procedures

It is recognised that it may be difficult or impossible to obtain police checks, statutory declarations of previous convictions, and references in some operating contexts, or that time constraints in humanitarian contexts may justify the need to start work before obtaining the outcome of the police checks. In such instances, other checks must be put in place. Recruiting managers must ensure they put in place all reasonable steps to manage risk including extensive questions on Safeguarding and AID-COMILLA’s values at interview, and a more intensive form of reference check (e.g. mandatory written submissions and telephone conversations with referees). Line managers and HR should also use the probationary period to observe the employee for any signs of policy violations that should be dealt with expeditiously and in accordance with this policy.

Where police checks/references raise concerns about the suitability of the candidate and AID-COMILLA takes the decision whether to proceed with the recruitment; justification for the decision to proceed must be recorded in the HR files and signed off by the Country/Executive Director and by Cluster Directors in the General Secretariat.

Risk assessments

Risk assessments help identify areas in programme or project design where there is risk of exploitation and abuse taking place, or not being responded to adequately. Safeguarding risk assessments must be carried out at the organisational and project level and integrated into the organisational risk matrix. AID-COMILLA must work with partners to carry out SHEA and Safeguarding risk assessments and/or ensure that partners carry out their own SHEA and Safeguarding risk assessments. Risk assessment should be carried out at the project inception stage and regularly reviewed as part of standardised monitoring activities and monitored by the Senior Management/Leadership Team and the Board.

Efforts should be made by all parties concerned to reduce the identified risks. Mitigation strategies must be developed and be incorporated into the design, delivery, and evaluation of all programmes, operations, and activities which in any way involve or impact on rights holders and community members, including adults at-risk. If this is not possible then the programme/activity should not proceed. Country Programmes and Global Secretariat Hubs are encouraged to develop risk assessment checklists that are relevant to their contexts and put in place risk mitigation plans at the programme design stage. Please refer to Appendix 3 for further information.

Complaints mechanisms

As part of embedding Safeguarding into all programme design and activities, complaints mechanisms must be established in order to ensure that rights holders and community members, including adults at-risk are able to raise concerns. Staff should work in a participatory way with rights holders and communities (e.g. local committees) to create, strengthen, and evaluate existing complaints mechanisms in line with best practice, and ensure that the mechanisms used are relevant to the local context, translated into local languages, and made publicly available (e.g. published on the website). As part of our commitment to accountability, staff must ensure that policies and procedures are shared with rights holders and community members, including adults at-risk so they can provide feedback and be instrumental in developing our approach.

The Safeguarding Focal Point can work with relevant teams to ensure that any complaints mechanisms are accessible, inclusive, survivor-centred, and relevant to the local context (e.g. to ensure that people with disabilities are able to access complaints mechanisms and report concerns). It is critical that any complaints mechanisms provide a variety of ways of reporting, recognising that many people prefer to disclose allegations of abuse or exploitation to someone they trust, and that people are assured of confidentiality.

Staff should work with relevant internal teams and children to build complaints mechanisms to ensure that children are able to raise concerns and have a voice in how safe spaces are created.

Alongside developing complaints mechanisms, staff and partners must continually engage with rights holders and community members, including adults at-risk about AID-COMILLA’s values, what behaviour is and is not appropriate, their rights, and how to report concerns.

Monitoring and Evaluation

As part of embedding Safeguarding into all programme design and activities, staff must ensure that all Monitoring and Evaluation activities address Safeguarding considerations and that data is analysed and shared so that lessons can be learnt, and good practice disseminated. It is necessary to make sure that Monitoring and Evaluation activities such as complaints mechanisms, focus groups, and surveys are accessible to all rights holders and community members, including adults at-risk, for example older people or people with disabilities. From initial needs assessments to final project reports, Monitoring and Evaluation is a vital part of safer programming and ensuring safe outcomes for rights holders and communities.

Emergency Response

Emergencies cover a wide range of events, from environmental disasters to politically driven, religious or ethnic conflict. During emergencies there can be an increased risk of sexual exploitation and abuse by staff, partners, and other representatives (e.g. from a sudden increase in staff, who have not been recruited in line with our standard procedures, or agreements being established with new partners more quickly than usual). The following provisions must be carried out during emergencies to mitigate risk:

• Ensure that this policy is in place, translated into a local language and communicated to and understood by all people connected with AID-COMILLA during an emergency. This includes carrying out training, as appropriate, to ensure all AID-COMILLA staff and other representatives are aware of our approach. This should be done as soon as is reasonably possible, and within 2 weeks at the latest. Referral and support mechanisms must be mapped as soon as possible. The Emergency Programme Manager and SHEA and Safeguarding Focal Point are responsible for identifying the relevant statutory authorities (such as the police and/or social services) and other referral mechanisms in the country. An emergency mapping exercise should be carried out with support from the Protection Cluster
• HR will follow safer recruitment and selection procedures as far as possible during an emergency. For example, asking questions around protection of rights holders and communities, including adults at-risk for those working directly with them.
• Carefully check offers of assistance (e.g. from new staff, partners, and volunteers). Where it is not possible to check backgrounds put measures in place to prevent abuse and exploitation, including carrying out risk assessments, carrying out regular ‘spot’ checks, and ensuring that rights holders and community members have access to complaints mechanisms.
• All EFAST (Emergency Fast Action Support Team) members will be expected to undertake SHEA and Safeguarding training in their country of residence.

6. Interaction with Rights Holders and Community Members, including Adults at-risk

Content gathering
AID-COMILLA’s duty of care towards rights holders and communities, including adults at-risk also exists in the process of gathering, aggregating and publishing any communications that could expose them to risk. Please see the Child Safeguarding Policy for guidelines on gathering content of children.

A risk assessment must first be conducted to assess whether and how to tell the stories and anonymise the identity of any community member, particularly adults at-risk, who is identified as:

• A victim of sexual abuse, exploitation or abduction
• A perpetrator of physical or sexual abuse
• Living with any illness, condition or identity that is known to attract social stigma – unless in carefully considered contexts the adult at-risk and/or their guardian wants to provide this

The following are practices that staff members must follow in the collection, storage and dissemination of communications material concerning rights holders and community members, with a specific focus on adults at-risk recognising that some adults at-risk for a range of factors may not be able to give informed consent:

• The adult at risk’s best interests must always be the primary consideration. Content gathering must always be a positive experience for the adult at-risk and they must be in a safe and conducive environment protected from any kind of abuse.
• Data will be gathered, stored, and shared in line with local and international data protection laws.
• Seek the adult at risk’s free, prior, and informed consent where possible. The adult at-risk needs to fully understand why they are being interviewed/photographed. For example, you could show examples of how their photos could be used.
•If the adult at-risk cannot give informed consent ensure that full parental or guardian informed consent is received before gathering or using any content relating to adults at-risk (e.g. interviews, images or footage of adults at-risk) and that they understand the purpose of this activity and how the images or footage will be used without posing any risk to the adult at- risk. Never photograph, video or interview a reluctant adult at-risk, even with parental or guardian consent.
•Never gather content that could shame, humiliate or degrade an adult at-risk, put them at risk immediately or at a later date, or perpetrate any form of abuse, discrimination and exploitation.
•Payment and/or gifts must not be given following content gathering as it can be confused with payment for information.
•If a contractor is used to gather content, they need a have a contract with AID-COMILLA and have been briefed on this policy and signed AID-COMILLA’s Code of Conduct.

Visits

•Supporters, donors and other visitors should receive a briefing on our values and AID-COMILLA’s Code of Conduct (with a copy to be signed), the Safeguarding Overarching Policy, and our Safeguarding approach (including instructions on content gathering, appropriate behaviours and how to raise concerns) before any visit.
• All content gathering should be carried out by authorised staff or representatives. Because of the risks that can result from content being gathered and shared outside of AID-COMILLA’s procedures it is strongly advised that no photos/videos are taken by staff, partners, volunteers or visitors to a programme for personal use. All visitors must receive a pre-travel briefing on AID-COMILLA’s approach to content gathering and our rights and risk based approach to increase understanding of why we take this stance. If an individual wants to take or share any photos for personal use this must be authorised by an appropriate AID-COMILLA staff member or representative (e.g Communications Lead, Safeguarding Focal Point) prior to any action being taken. They must ensure that any content is taken in line with AID-COMILLA’s approach and will be guided at all times by the advice and permission given by the relevant AID-COMILLA staff member or representative. To avoid the risk of children or others being identifiable and/or put at risk, where possible only AID-COMILLA devices should be used to take photos and videos; devices should be encrypted and meta-data such as GPS should be removed, and content should be gathered, in a way that does not identify the location.
•A visitor should always be accompanied by an AID-COMILLA staff member or representative while visiting an adult at-risk, a child, or any other vulnerable individual or group.

7.Reporting procedures

•If any AID-COMILLA staff or other representatives have concerns that a rights holder or community member, including adults at-risk, has been or it at risk of being abused, exploited, or harmed in any way they must report this immediately.

•Individuals do not have to report their own experience of sexual harassment, exploitation, or abuse, in line with AID-COMILLA’s survivor-centred approach.

AID-COMILLA staff members and other representatives can report SHEA and Safeguarding concerns in their AID-COMILLA country to any of the following channels in person, via email, or telephone:

•SHEA and Safeguarding Focal Point
•Country Director
•Line Manager
•HR Representative

If AID-COMILLA staff or representatives have concerns about first reporting in country or if they want to raise concerns (i.e. appeal against) how a process has been managed in country, they can report directly to:

SURVIVOR/COMPLAINANT
People can report to any of the functions
below in-person, via email, or telephone:

Safeguarding Team

1.Safeguarding Focal Point

2.Line Manager

Executive Director

3.HR representative

AID-COMILLA Whistleblowing service

AID-COMILLA country on a case by case basis to respond to all concerns and complaints raised, and monitor action taken.

The Country Director, through designated positions/teams, will work with the Global SHEA and Safeguarding Team to ensure that donors and others (e.g. other AID-COMILLA countries so that they can fulfil their own donor reporting requirements; statutory/regulatory bodies) are informed of SHEA and Safeguarding concerns, in line with agreed requirements.

Any concerns raised relating to sexual exploitation or abuse of rights holders or community members, including adults at-risk by AID-COMILLA staff or other representatives will be addressed as a priority, in line with our SHEA and Safeguarding approach. AID-COMILLA will ensure that the safety, dignity and rights of the survivor are respected at all times. There is no time limit on when someone can raise a concern about something they have experienced. There may be limitations to how a historical concern can be addressed but AID-COMILLA will take every reasonable measure to address the concern. We are committed to carrying out robust and fair investigations that protect the rights of all involved, with a particular focus on the survivor/complainant and the subject of the complaint, ensuring that confidentiality is maintained and that the wellbeing of all is protected.

As part of our survivor-centred approach, survivors/complainants can choose if, when, and how to make a report and decide whether they want AID-COMILLA to take formal action. However, there may be occasions where AID-COMILLA has a duty of care to respond even if the survivor/complainant does not want to take forward action. This will be managed on a case by case basis, following clear risk assessments and the safety and wellbeing of the survivor/complainant will be paramount.

All staff and other representatives are required to report if:

• A rights holder or community member, including an adult at-risk alleges that they or another person is experiencing or at risk of experiencing sexual exploitation or abuse – whether carried out by AID-COMILLA staff and representatives, or others.
• A staff member or other representative suspects that someone connected to AID-COMILLA is or may be about to carry out sexual exploitation and abuse towards rights holders, community members, adults at-risk or others.
• A staff member or other representative suspects that someone external to AID-COMILLA (e.g. a Teacher or Community Leader) is or may be about to carry out sexual exploitation or abuse towards rights holders, community members, adults at-risk or others.

If a staff member or other AID-COMILLA representative does not report an incident or suspicion, they will be in breach of the Code of Conduct and may face disciplinary proceedings.