Programme Participant
Protection Policy
February 2004
Contents
1. Introduction
2. Rights
of programme participants
3. Concern’s
policy
4. Partner
agencies
5. Measures
6. Local
culture
7. Relationships
with programme participants
8. Concern
Staff Code of Conduct
9. Review
Annex 1 The
Concern Staff Code of Conduct
Discrimination
Conflict
of Interest
Misuse
of drugs and alcoholic drinks
Personal
gifts and hospitality
Sexual
relationships with children
Relationships
with programme participants
Harassment,
exploitation and abuse
Duty
to report
Annex 2 Clarification of Terminology
|
Throughout this document,
the term inappropriate behaviour is
intended to include, among other things: ·
Any form of gender based violence including, but not
limited to: o
Bullying o
Verbal, physical or sexual harassment o
Rape o
Exploitation o
Intimidation o
Victimisation ·
Any form of racial discrimination or harassment ·
Entering into relationships which cause, or could
potentially cause, conflicts of interest at work ·
Behaving in a manner which brings, or could
potentially bring, the organisation into disrepute ·
Behaviour that shows a lack of respect for the
dignity of others ·
Behaving in an obviously culturally insensitive
manner ·
Behaving in a manner which leads to, or could
potentially lead to, health or security problems for the person themselves,
or for other people ·
Theft ·
Unauthorised use or possession of Concern property
– or of the property of a third party while acting or purporting to act
on behalf of Concern ·
Serious negligence or deliberate misuse of Concern
property ·
Any attempt to commit fraud or to accept or solicit a
bribe ·
Unauthorised absence without due cause, or
persistent absence or bad time keeping |
|
|
1. Introduction
Concern is aware that the goods and
services provided through our relief and development programmes can create a
power differential between those who are employed by Concern and the programme
participants. We acknowledge that there is potential for this power imbalance
to be exploited by Concern employees to acquire bribes, payments, gifts, and/or
sexual favours. Concern’s
Programme Participant Protection Policy has been developed to ensure the maximum protection of programme
participants from exploitation and to clarify the responsibilities of Concern
staff and the standards of behaviour expected of them.
Abuse of power has, in the past, led to many forms of exploitation, both
within the relief and development sphere in developing countries, and in social
institutions in Europe and
Concern’s Staff Code of Conduct has been amended to reflect this
policy. The Policy and the Code apply not only to Concern staff members, but
also to Visitors (as defined in Annex 2) to Concern, and to the personnel of
Partner Agencies. Where appropriate, references in the Policy and the Code to
Concern staff members shall apply to visitors to Concern and to the personnel
of Partner Agencies.
Acceptance of this policy should be
a requirement of any partnership agreement that Concern enters into with other
organisations.
2. Rights
of programme participants
All programme participants have the
same right to absolute freedom from exploitation as any other human being. Such
rights are prescribed in, among other documents, the Universal Declaration of
Human Rights, the UN Convention on the Rights of the Child (UNCRC), the UN
Convention for the Elimination of all Forms of Discrimination against Women
(CEDAW), and in the national laws of most of the countries in which we work.
3. Concern’s
policy
It is Concern’s policy to take
all steps that are reasonably possible to protect programme beneficiaries -
children, women and men - from harassment and abuse perpetrated by employees of
Concern, Concern’s partner organisations, or official visitors to
programmes such as those involved with Concern’s work as contractors,
consultants, visiting donors, journalists, etc. Concern acknowledges that
certain groups, such as children (individuals under 18 years of age) and women,
are considered most at risk from abuse, harassment and sexual violence. While
recognising that harassment and sexual violations of adult men does occur, the
policy concentrates on the prevention of abuse of women and children, as this
group is generally more at risk from forms of violence such as bullying,
physical violence, political pressure and/or financial extortion.
4. Partner
Agencies
Concern increasingly works through
local partner NGOs, civil society organisations, and community-based groups,
with the result that there is less direct contact between our employees and
programme participants. However, acceptance of this policy by Partner Agencies
is a requirement of any partnership agreement that Concern enters into with
other organisations. Wherever Concern is working with, funding, or supporting
partner agencies to work directly with programme participants, the provisions
of this policy must be a condition of every partnership agreement.
This policy should be used as a tool
to bring up the issue of staff conduct during negotiations with partner
agencies. The funding of a partner agency will be dependent on adherence to the
principles contained in this policy document.
5. Measures
Concern staff members must be aware
of the power dynamics that NGOs wittingly and unwittingly create within
programme participant communities, and between employees and programme
participants. Abuse of power is often at the base of most incidents of
harassment, exploitation and inappropriate behaviour by employees. A number of
simple measures can easily be taken to tackle unequal power relationships or to
eliminate the chances of staff members exploiting their position of power:
·
As far as is possible, ensuring field-work teams are
gender-balanced and that some women hold positions of seniority.
·
Making programme participants aware: of their
entitlement to humanitarian assistance; of Concern’s employees’
duty to deliver it without discrimination; that whatever goods or services are
delivered cannot be withheld or withdrawn on the whim of one or more staff
members and that it is unacceptable
for Concern staff members to solicit or accept bribes, rewards, gifts, sexual
favours, etc, from a programme participant.
·
Clarifying the channels for lodging complaints by
appointing and training one senior staff member in each field to be responsible
for further training and awareness raising among all staff members and for
investigating all complaints. This person should report directly to the Country
Director (if s/he is not the designated contact person).
·
Ensuring that no individual staff member of the
organisation can create a situation where he or she alone is perceived to be
the sole and final authority in allocating benefits.
It is the responsibility of all
senior management at field and head office levels to ensure that all staff,
personnel from Partner Agencies, consultants, and visitors to Concern are
acquainted with the requirements of the Policy. If acts have been committed in
relation to our programme participants which are criminal, grossly infringe
children’s rights, or contravene the principles contained in this
document, the organisation will take
immediate action appropriate to the circumstances. This may mean for:
Staff/Volunteers - disciplinary
action/dismissal
Partner Agency personnel - review
of staffing policy/withdrawal of funding or support
Contractors/Consultants - termination
of contract
Visitors to Concern - removal
from field location
Any action taken will be in
accordance with Concern’s policies and procedures.
Depending on the nature,
circumstances and location of the case, Concern will involve the appropriate
authorities to ensure the protection of programme participants, and initiate
criminal prosecution where this is appropriate.
6. Local
culture
In
order to be fully aware of the programme participant protection issues Concern
faces, it is essential for Concern staff to be aware of local cultural and
religious practices. It should not be forgotten that cultural misunderstanding
can be a two-way problem. However, ‘culture’ can never be an excuse
or motive for inappropriate behaviour.
7. Relationships
with programme participants
As employees of Concern, staff
members have potentially greater access to goods, services and power than
members of the programme participant community, and this greater access could
be used to pressure or exploit programme participants. All employees are
obliged to declare potential conflicts of interest, exercise discretion,
professionalism and good judgment when there is a relationship between Concern
employees and programme participants. Similarly, it is expected that employees
declare potential conflicts of interest between themselves and (potential)
sub-contractors and applicants for positions within Concern.
We believe that children deserve
special protection and that our staff should carry out their duties in ways
that do not violate the rights of the child.
While recognising that Concern
employees are often also members of the programme participant community, and
therefore may be married or have long-established relationships in the
programme participant community, Concern strongly discourages staff from
engaging in sexual relationships with members of communities with whom they are
working directly and reserves the right to take action where Concern deems it
appropriate, which may include disciplinary action/dismissal.
8. Concern
Staff Code of Conduct
A Staff Code of Conduct is
considered a key tool for the prevention of harassment, exploitation and
inappropriate behaviour by staff. The Concern Staff Code of Conduct describes
acceptable standards of behaviour and promotes good practice. Concern’s
Human Resources Policy sets out the Code of Conduct for relations within
Concern.
In order to prevent harassment, exploitation,
or abuse, guidelines for appropriate behaviour are included in the Concern
Staff Code of Conduct. It is important that all current staff members of
Concern, the representatives of Partner Agencies, and Visitors are given a copy
of the Concern Staff Code of Conduct in a language that they can understand.
As part of pre-employment induction
procedures, new staff members shall be asked to read the Concern Code of
Conduct and sign it to confirm that they have understood its content and agree to
conduct themselves accordingly. It is the responsibility of all
Concern employees to adhere to the Concern Staff Code of Conduct.
Any concerns or suspicions about
a suspected incident of exploitation, harassment or bullying of programme
participants, whether major or minor, should always be discussed with a line
manager or other senior member of staff. A fuller picture is likely to emerge
which might reduce the level of concern or, on the other hand, may lead to the
realisation that further action is appropriate. All such concerns must be
recorded and the record held in a secure location.
9. Review
The implementation of this policy
will be monitored through a range of instruments such as programme, country and
sector evaluations.
Concern recognises that both
internal and external environments change. Such change may have a bearing on
the scope and content of this policy. Consequently, it will be reviewed
periodically. The review process will be consultative and participatory in
nature. The responsibility for initiating the policy review process rests with
Concern’s Senior Management and Council, but will be guided by the HR
Directorate in
Annex
1
CONCERN
STAFF CODE OF CONDUCT
|
Any
breach of this Code will result in disciplinary action up to and including
dismissal. |
Annex 2
Clarification
of terminology
Clear definitions are essential to ensure that the proper reporting of, and
responses to instances of abuse or exploitation can be handled in a consistent
manner. Discussing definitions of inappropriate behaviour with employees and
programme participants should be included in workshops and inductions around
the new Code of Conduct.
The following provides
Concern’s definitions of the terminology used in this Policy and the
Code. However, employees are also bound by the local laws of the countries in
which they work.
Visitor: For the purpose of this
policy, a ‘visitor to Concern’ is any individual who visit
Concern’s overseas programmes and comes into contact with Concern’s
programme participants. This includes journalists, consultants, donors,
friends, spouses, partners, family members and relatives of current Concern
staff, etc. The definition shall not include individuals who call to
Concern’s offices for short meetings.
Child: The Convention on the
Rights of the Child defines as children
every human beings under the age of
eighteen years unless under the law applicable to the child, majority is
attained earlier (Article 1). The Convention emphasizes that States
substituting an earlier age for specific purposes must do so in the context of
the Convention's guiding principles – of non-discrimination (Article 2), the best interests of the
child (Article 3), maximum
survival and development (Article 6) and
participation of children (Article 12).
Bullying: Bullying is repeated
inappropriate behaviour, direct or indirect, whether verbal, physical or
otherwise, conducted by one or more persons against another or others, which
could reasonably be regarded as undermining the individuals right to
dignity. An isolated incident of
the behaviour described in this definition may be an affront to dignity at work
but, as a once off incident, it is not considered to be bullying, nor is the
exercise of legitimate management rights or of legitimate employer rights and
responsibilities.
Examples of bullying are as follows:
·
Manipulation of the victim’s reputation by
rumour, gossip or ridicule.
·
Preventing the victim from speaking by making loud
voiced criticisms or obscenities.
·
Social exclusion or isolation.
·
Manipulating the nature of the work or the ability of
the victim to perform the work e.g. by overloading, withholding information or
setting meaningless tasks.
·
Physical abuse, or threats of abuse.
Harassment: Harassment is any act or
conduct including spoken words, gestures or the production, display or
circulation of written words, pictures or other material, if the action or
conduct is unwelcome to the recipient and could reasonably be regarded as
offensive, humiliating or intimidating.
Examples of harassment include:
·
verbal harassment, jokes, comments, ridicule, or
songs
·
physical harassment including jostling, shoving, or
any form of assault;
·
intimidatory harassment including
gestures, posturing, or threatening poses;
·
visual display such as posters, emblems, or badges;
·
isolation or exclusion from social activities;
·
pressure to behave in a manner that the employee or
programme participant thinks is inappropriate - for example, being required to
dress in a manner unsuited to a person’s ethnic or religious background.
Sexual
Harassment: Sexual harassment is defined as
any:
·
Act of physical intimacy
·
Request for sexual favours
·
Other act or conduct including spoken words,
gestures, or the production, display or circulation of written words, pictures
or other material that is unwelcome and could reasonably be regarded as
sexually offensive, humiliating or intimidating.
Examples of sexual harassment can include:
·
Verbal abuse: requests or demands for sexual favours, suggestive remarks,
degrading abuse or insults, jokes or tricks of a sexual nature.
·
Physical abuse: gesturing of a sexual nature,
unnecessary touching, indecent exposure, and assault.
·
Visual abuse: displaying/circulating pornographic
materials.
A single incident may constitute sexual harassment. Sexual harassment
can be imposed by either sex upon the other, and can include harassment of a
person due to sexual orientation or preferences. Instances of sexual harassment
will be treated as gross misconduct and may result in dismissal.
Gender-Based Violence: Physical, mental, or social abuse
that is directed against a person because of his or her gender or gender role
in a society or culture. In these cases, a person has no choice to refuse or
pursue other options without severe social, physical, or psychological
consequences. Use this category for sexual violence cases that do not fit into
any of the other four categories.
Rape: Rape is an act of non-consensual sexual intercourse. Any non-consensual
penetration is considered rape, and may include:
·
Statutory rape – sexual intercourse with a
person under the age of consent, even if the person agrees to the act.
·
Gang rape - rape by more than one assailant.
·
Male rape - the victim and perpetrator are both male.
This is sometimes known as sodomy.
Attempted Rape: Efforts to rape someone falling
short of penetration.
Exploitation: Exploitation is using one’s position of authority, influence or
control over resources, to pressure, force or manipulate someone to do
something against their will. This includes threatening to withhold project
assistance, threatening to make false claims about a person in public, or any
other negative repercussions in the work place or community.
Examples of exploitation
can include:
·
Offering special benefits to programme
participants or employees in exchange for expressed, implied or demanded
(sexual) favors.
·
Threats or insinuations that an
individual’s refusal or unwillingness to submit to demands will affect the
person’s entitlement to project assistance and support, or terms and
conditions of employment.
Violence: Violence constitutes
incidents where persons are abused, threatened or assaulted in circumstances related
to their work, involving an explicit or implicit challenge to their safety,
health or well being.