A survivor-centered approach is key to ensure access to healthcare, psychosocial support, legal assistance, livelihood alternatives, safe shelter, and other potential life-saving services for those who've been sexually exploited and abused by aid workers, peacekeepers and others preying on vulnerable groups. In the decades since UN peacekeepers and UN civilian staff, NGOs and diplomats were found to sexually abuse and exploit local women and children in Cambodia (1991-1993) during UNTAC, too little has been done to provide services to the survivors.
Survivors need access to Post-exposure Preventive Kits within 72 hours of an assault. It is necessary for aid organisations to consult intensively with local women's associations, organisations for people with disabilities, LGBTIQ organisations and those representing other minorities and groups at risk, in order to develop safe, community based reporting mechanisms and map and vet assistance to survivors.
IFRC adopted its PSEA policy in June 2018 and is supporting Red Cross Red Crescent National Societies in developing their policies and practices. https://media.ifrc.org/ifrc/wp-content/uploads/sites/5/2018/06/IFRC-Secretariat-Policy-on-Prevention-and-Response-to-SEA_final.pdf
I will hold a webinar using this PPT on 16 November, which is a preparation of participants for a PSEA policy writeshop scheduled for 3-5 December and hosted by the Finnish Red Cross.
The webinar is open to other staff and volunteers of the RC RC Movement as well.
Big thank you to Abby Maxman and Jennifer Emond at Oxfam US for valuable input to this presentation.
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Webinar #PSEA survivor-centered approach
1. Survivor-centred approach in prevention and response to
sexual exploitation and abuse (PSEA)
By Tina Tinde, PSEA Advisor, IFRC. Webinar for National Societies 16 Nov 2018
2. Objectives and outcomes
Objective: Participants will have deepened their understanding of:
How to ensure the organisation’s response takes a survivor-centred
approach to SEA cases
How to mitigate risks in relation to a survivor-centred approach
How we can promote the survivor’s preferences and safety while
meeting our legal and contractual obligations
Outcome: By the end of this session, we hope to identify:
Good practice and guidance for a survivor-centred approach
Issues for collective advocacy to major donors
Understanding of the foundation for the development of the PSEA
policy – which is the survivor-centred approach
3. Outline
I. Key Terms: What do we mean by “Survivor-Centred”?
II. Safe Response to SEA (and Sexual Harassment)
Allegations
i. Survivor Assistance
ii. Investigations
iii. Closing the feedback loop
III. Referring/reporting cases to local authorities, outside
organizations, partners, and donors.
4. I. KEY TERMS – SURVIVOR-CENTRED
IFRC Principles of a Survivor-Centred Approach to PSEA:
Safety: the safety and security of the survivor is the
number one priority for all actors.
Do no harm: no action should be taken that would
worsen the situation of a survivor of sexual exploitation
or abuse
Respect: all actions taken are guided by respect for the
choices, wishes, rights and dignity of the survivor.
5. I. KEY TERMS – SURVIVOR-CENTRED
Confidentiality: There must be strict adherence to
confidentiality regarding the survivor’s identity and other
identifying information in every aspect of case handling.
All actions are to be taken to ensure that any matter is
handled in full confidentiality
Non-discrimination: IFRC provides equal and fair
treatment to anyone in need of help due to an SEA
incident involving IFRC Personnel.
6. I. KEY TERMS – SURVIVOR-CENTRED
Child protection: Child survivors are to benefit from a
particular attention and their specific needs must be
addressed. Child protection specialists must be
consulted regarding the care for children.
7. I. KEY TERMS – SURVIVOR-CENTRED
A number of relevant actions to ensure a survivor-
centered approach:
• Showing trust, not distrust in what survivors tell
• Listening
• Awareness
• Empowerment
• Non-judgmental and non-directive
• Informed Consent
8. I. KEY TERMS – SURVIVOR-CENTRED
When someone comes to you to disclose a sexual
violence issue:
Listen and ensure you are really present and there for
them
Ensure privacy and safety
Give them adequate time
Reassure them they are not to blame
Encourage them to regain control
Do not judge
Be sensitive
Provide help - address basic urgent needs first, if any
9. INFORMED CONSENT
Informed consent is required prior to:
Engaging in sexual activity
Recording a complaint
Sharing the name and contact details of the
complainant/survivor
Being referred to survivor support services
Participating in an investigation
Contacting for follow-up information
Remember, a complainant can make and
anonymous complaint
Informed consent can be withdrawn at any time.
10. A FRAMEWORK FOR SAFE RESPONSE
SURVIVOR-CENTRED APPROACH
INFORMED CONSENT
11. RECEIVING THE COMPLAINT
Multiple reporting channels are necessary to encourage
survivors and witnesses to come forward as everyone has
a different preference. What is the preferred method for
staff might not be the preferred method for affected
people.
Children need special consideration when designing
reporting channels. These should be safe as well and not
put individuals in harm’s way.
All staff who may receive a complaint should be trained on
how to respond.
12. SAFE RESPONSE – TYPES OF CASES
Types of complaints you might see
(Attempted) exchange of sexual favours for goods or
services (extra food, extra tents, medication, jobs, water,
money, etc.)
Possibly associated pregnancies
Requests for phone numbers or after-hour visits by
distribution officers, camp managers, service providers.
Rumours/allegations of inappropriate relationships with
beneficiaries – including false promises of marriage.
Sexual harassment (comments, text messages, etc.)
(Attempted) sexual assault/rape
Forced prostitution, survival sex, prostitution rings, human
trafficking.
14. SAFE RESPONSE – ASSISTANCE
Survivors of Sexual and gender-based violence (SGBV),
including SEA, have the right to assistance and support,
including:
Medical
Protection
Legal counselling (referral to e.g. legal assistance assn)
Psychosocial (counselling, etc.)
Immediate material care (food, clothing, emergency and
safe shelter, as necessary)
Alternative livelihoods
This support is not dependent on the outcome of an
investigation.
15. SAFE RESPONSE – ASSISTANCE
Who should provide survivor assistance?
This support is best provided by specialized GBV and Child
Protection Service Providers in your location.
Access to good quality support may vary depending on
the location and context.
INFORMED CONSENT is needed prior to referral.
If your organization provides GBV/CP services, you
should not support the survivor directly unless no other
option – conflict of interest.
16. SAFE RESPONSE – ASSISTANCE
Organizational Responsibility
Make sure your PSEA Focal Point/Delegate or Protection,
Gender and Inclusion, Psychosocial Support or Health
Delegate is in contact with local SGBV/CP Networks for
swift referral
Know the legal framework and local context
Post-exposure Preventive (PEP) Kits
Hospitals qualified to provide Clinical Management of
Rape Protocol
17. SAFE RESPONSE – ASSISTANCE
Mandatory reporting of rape laws. (Ref “situation analysis”
in IFRC’s SGBV in Emergencies training programme)
Make sure your PSEA Delegates/Focal Points or e.g. PGI
or Psychosocial Support Delegate explain available
assistance and mandatory reporting requirements to
survivor.
Get informed consent prior to referring for assistance.
Think about long-term and/or financial compensation for
survivors.
19. SAFE RESPONSE – INVESTIGATIONS
Investigations are extremely risky for survivors, witnesses, NGO staff, even the
alleged perpetrator - especially in a camp setting:
Reports of threats against service providers and survivors
Investigations are not always advisable
Challenges linked to access, language, culture, security
A risk assessment and mitigation strategy (protection strategy) should be in place
prior to conducting an investigation.
Informed Consent is required to include any individual in an investigation.
Survivors should be kept updated about status of the investigation.
Remind your staff not to investigate themselves unless they are trained!
20. SAFE RESPONSE – INVESTIGATIONS
Template for safe investigations:
A case management team convened
2 qualified investigators identified and hired (preferably at least one of whom
is an outside expert).
Risk assessment and mitigation/protection plan developed.
Alleged perpetrator may be suspended with full pay pending the investigation.
Survivors can be relocated only if they wish.
Investigation undertaken – complainant usually interviewed first,
alleged perpetrator last.
Investigation concluded, report drafted, including recommendations.
If the case is substantiated, the case will be referred for disciplinary action and
potentially to local authorities.
Even if case is not substantiated, action can/should still be taken.
21. SAFE RESPONSE – INVESTIGATIONS
What special considerations must be borne in mind to ensure the protection
of specific groups in vulnerable situations in the context of investigations?
Lacking work permit
Homeless
Single parents
Child-headed
households
Older people
Ex combatants
SGBV survivors
Migrants
People with disabilities
LGBTIQ people
Youth
Children not in school
Ethnic or language
minorities
Stateless people
People without identity
registration
22. SAFE RESPONSE – INVESTIGATIONS
Organizational Responsibility
Clear procedures, policy and/or guidelines for investigations
Should clarify what information is shared with whom
Invest in capacity to investigate
Document decision making/investigative process
Every report should be looked into, even if not investigated
Consult protection/safeguarding specialist to ensure safe investigations
Independent oversight of decision making/investigations to ensure no conflicts
and appropriate action taken
23. SCENARIOS
Discussion: Think about informed consent and survivor safety. Think
about possible repercussions for your decisions.
Scenario 1
A community member has reported that a young boy in the community
is being sexually abused by a staff member. What should/can you do?
Scenario 2
You notice that, during a distribution of food, one of the volunteers is
giving extra food to some young women in the queue. Later you see
the same male volunteer with the women in a local bar. What
should/can you do?
24. SCENARIOS
Scenario 3
You receive a report of a prostitution ring operating out of a refugee
camp involving one of your staff members who is also a refugee living
in the same camp. Other alleged perpetrators include local security
forces and camp management (both essential to your operations and
safety of your staff). The survivor who reported fears for her life and
wants to know how you will guarantee her safety if she agrees to
participate in the investigation. What should/can you do?
26. FEEDBACK AND FOLLOW-UP
FEEDBACK should be provided, when requested/consented to
Your complaint has been received and has been referred for
investigation
The investigation is underway
The investigation has been concluded
Unfortunately, due to a lack of evidence, this case could not be
corroborated and is now dismissed. This does not mean that we do not
believe you.
The case has been substantiated and action taken.
Remember to inform the survivor or their case worker regarding the
status of the investigation for safety reasons.
27. FEEDBACK AND FOLLOW-UP
CLOSING THE LOOP means providing closure and
feedback when possible
Closing the feedback loop increases trust in the
system, improves credibility and transparency of the
process.
Even if the investigation took place and action was
taken, if the survivor/complainant is not informed, it’s
as if nothing was done.
28. REPORTING TO THE UN
UN Protocol on SEA Allegations Involving Implementing Partners, endorsed Feb
2018:https://www.un.org/preventing-sexual-exploitation-and-
abuse/sites/www.un.org.preventing-sexual-exploitation-and-
abuse/files/un_protocol_on_sea_allegations_involving_implementing_partners_en.
pdf
Implementing partners will be required to provide a written undertaking to
ensure adherence to 6 key standards prior to entering into a cooperation
agreement – see section 3, page 2 https://oios.un.org/resources/2015/01/ST-
SGB-2003-13.pdf
Prior to entering into or reviewing a partnership agreement, the UN partner
entity should request documentation of regular training offered by the
implementing partners to their employees and associated personnel on
prevention and response to SEA
It is the responsibility of implementing partners to promptly report allegations of
SEA to the UN partner entity.
29. REPORTING TO DONORS
Donors:
Mandatory reporting to may have less risk but can infringe on a survivor’s right
to confidentiality, consent, and choice.
Is there a contractual requirement to report to your donor?
If so, when? (after administrative investigation concluded or immediately?)
What information do you have to share and to whom?
Is it safe to do so? (ask local protection actors for advice if needed)
Do you have consent?
30. REPORTING TO LOCAL AUTHORITIES &
DONORS
Organizational Responsibility
Know your obligations
Clear procedures and/or guidelines for reporting to donors/authorities
Should clarify what information is shared with whom and by whom
Push to only share anonymized, password protected summaries of cases and
NOT the case report itself
Consult protection/safeguarding specialist to ensure safety of survivor
Document decision making regarding why a case was or wasn’t reported
Keep the survivor safe above all else -> do no harm
31. How to build trust in local communities?
ICVA carried out a study in 2018 that
found community-based complaint
mechanisms to be in place, but not
being functional to handle SEA
complaints and did not receive any.
Kenya RC has a PSEA policy since
2014 and local complaint mechanisms
throughout the country, but no SEA
complaints have been lodged.
32. Inter-Agency Standing Committee
Henrietta Fore, Executive Director of UNICEF and
PSEA Champion for the Inter-Agency Standing
Committee, announced in September 2018:
34. IFRC supporting National Societies
Adopted in June 2018 and includes:
Designation of PSEA focal points in all
office locations
Setting up functioning community-based
complaints mechanisms
Assistance to victims guidance
A training and awareness-raising plan
Responsibilities of staff and managers
Budget and tracking
Reporting in a transparent manner.
Persons of all gender identities, ages, disabilities and
backgrounds within affected communities have different
needs in relation to their physical and psychological
safety.
Keeping in mind that a survivor who wishes to keep their name confidential risks not seeing a full investigation as it is impossible or difficult to investigate when key information must be withheld
Survivor-centred approach
A survivor-centred approach creates a supportive environment in which
the survivor’s rights and wishes are respected, their safety is ensured
and they are treated with dignity and respect. This approach is defined
by four guiding principles: 1) Safety, 2) Confidentiality, 3) Respect and 4)
Non-discrimination.
It is important to recognise that survivors have the right to a range of
services as part of a survivor-centred response, but that not all services
should be provided (or can realistically be provided) by the Red Cross and
Red Crescent. Whilst in some contexts services can be provided, the Red
Cross Red and Red Crescent should ensure a focus on coordination and
ensuring access to services provided by other agencies.
These principles are in the policy.
Ask the survivor if he/she feels safe
Do no harm: Reporting may pose a risk to the survivor
The survivor’s experience and wishes decide any action, do not take over the case or promise to do more than you’re capable of, and listen carefully to the survivor
Confidentiality: Reduce the number of people to be involved in the case, which helps confidentiality, prevents rumours and also to prevent retraumatisation of the survivor.
Always obtain informed consent of the survivor before reporting info that could identify them. Anonymous reporting is possible but might make the case harder to investigate.
When a child receives any kind of assistance or service (e.g. medical or legal), a parent or guardian has to give consent on behalf of the child. Be aware that a parent or guardian may be involved in abuse and exploitation of a child, for instance by urging them to engage in survival sex for money.
In a situation where there are concerns regarding the child’s parent or caregiver, it is advised to consult child protection specialists for the best course of action.
• If an unaccompanied or separated child is in need of critical healthcare but is without a recognised legal guardian, the healthcare provider must make a decision concerning treatment in consultation with the child and with relevant local protection authorities.
• If a patient is an adolescent, medical staff including administrative staff should consider keeping personal health information of that patient from their parents or caregivers in most circumstances. This is particularly relevant in the provision of sexual and reproductive health services and responding to SGBV. If there is a risk of harm to the patient or others, confidentiality may need to be lifted.
What type of specialist? -> should be psychologists / counselors (including lay counselors) trained in supporting children who have experienced such abuse
Belief
Note: We believe what survivors tell us about their experiences. Say something brief about how this works in tension with administrative investigations/ legal processes.
Consent: is giving permission or mutually agreeing to do something.
Informed consent: is when you agree voluntary and freely. It requires you to understand the implications of that to which you agree. Informed consent requires your ability to exercise the right to say “no”.
Seeking informed consent is a way to give back power.
Think about when you go to the doctor and you need to have an operation. The doctor doesn’t just say you need surgery. He/she explains why and what will happen if you don’t have surgery. They also explain the possible side effects. This is informed consent.
Remember that consent can be withdrawn at any time. But most likely there would be no follow-up. There may be an obligation to refer to authorities, and of course any risk related to that must be thoroughly assessed beforehand, through situation analysis and vetting of referral services. Justice before the law is not a given in many situations and practices, especially with regard to gender-based violence.
Recording a complaint: complainant needs to understand that you have a duty to report and what will happen with their complaint before they can consent.
Sharing the name and contact details of the complainant/survivor: complainant can decide if they want to share their details or not and with whom (some complainants will not want anyone but you to know who they are. That is ok and you can keep their anonymity safe. BUT, they should know that this may make the investigation more difficult.
Being referred to survivor support services: survivors should be informed of their options, but not referred without permission. Ex. If you get a complaint from a witness, DO NOT contact the survivor with GBV support.
Participating in an investigation: A complainant/survivor does not have to participate in an investigation. However, they should be informed that this will make the investigation more difficult. We do not need the survivor’s permission to conduct the investigation, but we do need their permission to interview them.
Contacting for follow-up information: To close the feedback loop, we should contact the survivor/complainant with an update IF they have consented. Be sure to ask how they prefer to be contacted (some may choose to contact you).
Affected communities receive written, audio, visual and easy-to-read
information, including in formats adapted for persons with disabilities,
about PSEA and about the complaints mechanism they can use
to denounce those abuses.
Groups and individuals that rely on others for assistance in accessing
health services and facilities (e.g. female-headed households, women,
children, older people and persons with disabilities) are monitored
closely to ensure that they receive their entitlements and are not exploited
or abused.
PSEA efforts are to use the Community Engagement and Accountability (CEA) approach, which helps put communities at the center of what we
do.
the location of the complaints desk/office has been considered
from a safety and confidentiality point of view
– complaints materials are provided in a variety of formats, such as
audio, visual and easy-to-read formats
it is ensured that lodging complaints does not further endanger
migrants who are in an irregular situation.
The ICRC–IFRC Community Engagement and Accountability Guide and the
Inter-Agency Standing Committee’s Best Practice Guide are used to set
up a community-based complaints mechanism.
Specific actions are taken to reduce the risk of SGBV and violence
against children. These include, but are not limited to:
– partnering with women and/or women’s organisations, groups or
organisations of women with disabilities, civil society organisations
of sexual and gender minorities and other at-risk groups and child
protection networks
– consulting at-risk groups to define safe locations for health facilities
and related activities
establishing separate and safe areas, such as woman-, adolescentand
child-friendly spaces6 that are accessible for persons with
disabilities
– establishing separate and safe areas for context-related at-risk groups,
such as sexual and gender minorities and other minority groups
Staff should have the basic knowledge and skills to handle disclosures,
provide information to survivors on where they can obtain support
and apply the survivor-centred approach.
The responsibility to protect (from PGI Minimum Standards)
When implementing the minimum standards, it is important to note our
role in times of disaster and conflict. In accordance with international
law, it is the primary role and responsibility of State authorities and relevant
non-State actors to protect, ensure the security and fulfil the rights
of persons on their territory or under their jurisdiction (including those
beyond its borders). ….
In the case of duty bearers that are willing to protect but have limited capacity,
humanitarian actors will likely take on a supportive role to strengthen
existing protection architecture and identify roles and responsibilities
between protection actors. This will ensure complementarity of expertise
and mandates and minimise the potential of duplicating efforts of the
State or other protection actors as well as avoid undermining the capacity
and will of duty bearers to fulfil their obligations.
Protection in humanitarian action is fundamentally about keeping people
safe from harm. It aims to ensure the rights of individuals are respected
and to preserve the safety, physical integrity and dignity of those affected
by natural disasters or other emergencies and armed conflict or other
situations of violence.
The Inter-Agency Standing Committee’s definition of protection is the most
commonly accepted by humanitarian actors (including the Movement):
“all activities aimed at obtaining full respect for the rights of the individual
in accordance with the letter and the spirit of the relevant bodies of law
(i.e. human rights law, international humanitarian law and refugee law)”.
Protection in humanitarian action in the Movement has both internal and
external aspects. Internally, it refers to ensuring that the actions of the
Movement respect, and do not endanger, the dignity, safety and rights of
persons. Externally, it refers to action intended to ensure that authorities
and other actors respect their obligations and the rights of individuals.
A survivor may lose their job and livelihoods due to SEA or to reporting it, so a risk mitigation would need to identify an alternative way to make a living.
Legal assistance/counselling.
I would not contact a survivor without prior consent.
Look for PGI or psychosocial support delegates to ask about services offered and how to refer cases. Deployment of PSEA delegates is being discussed.
If you have consent, share the complaint with the case worker so the survivor does not have to repeat their story.
Many GBV Service providers will not openly share their staff’s contact details (for security reasons). In some countries, however, this may be different and the survivor could contact the organization directly.
In a camp setting, for example, you could tell the survivor that she can get support at the women’s centre located in zone b, run by X NGO.
Informed consent is indeed necessary before referring. This poses a dilemma regarding the obligation to report serious violations/crimes. However, health/PSS case workers are exempted from obligation to report under health confidentiality, as they can and will provide assistance without being obliged to report cases.
When addressing SGBV perpetrated against a child, it is preferable
to have staff of diverse gender identities available who are trained
in child protection and child-specific interviewing techniques. Who
conducts the interviews will depend on the gender and preference of
the child.
Case workers should not represent IFRC or a NS in a PSEA inter-agency networks due to reporting obligations, which do not apply to case workers who need to ensure confidentiality about the case.
IFRC, together with UNFPA, provided a one-hour webinar in early 2018 on clinical rape management, for the Cox’s Basaar field hospital. It’s available in recording.
If local hospitals don’t have this capacity, IFRC and NS should set up this service
Children born of SEA.
Many GBV Service providers will not openly share their staff’s contact details (for security reasons). In some countries, however, this may be different and the survivor could contact the organization directly.
In a camp setting, for example, you could tell the survivor that she can get support at a DAPS House, or a women’s centre located in zone b, run by X NGO.
According to the IFRC Whistleblower Protection
Policy, the IFRC has a zero-tolerance approach to any
form of retaliation against a person who either reports
reasonably held suspicions of a breach of the IFRC
Internal Rules or cooperates in an audit or investigation
process. The IFRC’s Anti-Harassment Guidelines
give guidance on how to analyse, report and resolve a
harassment incident.
What are the main constraints for the RC RC Movement to investigate SEA allegations and how to address them?
How to harmonise investigative practices in SEA and sexual harassment in the humanitarian community?
How can we collectively enhance the protection of survivors/victims and witnesses throughout investigative processes, for instance by improving interagency coordination and modalities, better clarifying the roles and responsibilities of actors involved, pooling investigative and protection capacities, and better coordinating protection provided to survivors/victims and witnesses?
What factors must be taken into account to ensure that investigations are context and culturally appropriate and sensitive?
Investigations are not always advisable – perhaps an investigation puts a survivor or alleged perpetrator at risk. In-depth knowledge about the country’s SGBV laws are necessary before starting an investigation, also a survivor must have access to health etc. referrals and a sound follow-up system. If there is poor capacity to secure forensic evidence that is acceptable in court, it may not be wise to investigate, but all depends on the local situation and the survivor’s wishes and advice from e.g. women’s legal assistance organisations locally.
What measures are needed to protect survivors/victims and witnesses against physical and psychological harm, such as reprisals, harassment, intimidation or stigmatization of survivors/victims and witnesses, throughout investigative processes?
What resources are needed for dedicated programmes or measures that would enhance the protection of survivors/victims and witnesses throughout investigative processes?
What are the good practices and resources available to conduct SEA and SH investigations in the humanitarian community?
How to manage risks in the conduct of SEA/SH investigations?
How to strengthen and systematize the cooperation between RC RC Movement, NGO and agencies/entities with dedicated investigation services?
You are working as an international delegate for your National Society in response to a typhoon that devastated an impoverished region of a small island nation in the region. In a displacement camp set up to accommodate about ten thousand people, there is a team of volunteers from the local National Society.
Keep survivor’s case worker informed about status of investigation (if consent given to contact) so they are not surprised and do not face any insecurity when the investigation starts.
Keep survivor’s case worker informed about status of investigation (if consent given to contact) so they are not surprised and do not face any insecurity when the investigation starts.
Evidence may not have been properly secured, stored and verified by authorities, which is necessary for a SEA crime to be prosecuted
IFRC will inform parties of outcomes, but not in every detail, on a case-by-case basis
One of the 6 points in the UN SG’s Bulletin from 2003 has a lower requirement than most RC RC CoC. In the UN SG Bulletin, sexual relationships between sid workers/peacekeppers is only «strongly discouraged» whils this is prohibited in the IFRC, ICRC and Kenyan RCS CoD and PSEA policies.
Points to note in relation to National Societies who as we all know are very often UN implementing partners:
Definition of Implementing partner: an entity to which a UN office or entity has entrusted the implementation of a programme and/or project specified in a signed document, along with the assumption of responsibility and accountability for the effective use of resources and the delivery of outputs. Implementing partners may include – but are not limited to - government institutions, inter-governmental organizations, and civil society organizations, including NGOs. Implementing partners’ subcontractors are subsumed within this definition.
UN entities must carry out screening to assess the capacity of potential implementing partners to prevent or to mitigate risks of SEA
There are a number of steps outlined that the UN entity needs to undertake in the event of a credible SEA allegation made against an employee of an implementing partner, including considerations for termination of staff contracts, referral to authorities, referral of the victim to assistance (and possibly legal assistance). If these procedures aren’t followed it could result in the contract being terminated.
NGOs were not consulted when the UN (UNICEF as lead) wrote this, so ICVA is gathering input from members and others regarding the implementation and operationalisation of the Protocol.
1) Implementing partners protocol (attached): All the NGOs and INGOs were raising their concern that the protocol had been developed and endorsed with very little consultation outside the UN even though it has important implications on the partner implementing agencies (often NGOs). Questions were raised particularly on paragraph 20 (investigations) and 22 (steps to be taken by UN in case of an allegation relating to a partner agency) and on the possibility to still influence these. From the answers it seems that the protocol itself cannot be easily modified at this stage (even if it is described as a ‘living document’). However, there seems to be some openness to consult on the actual implementation and operationalisation of the protocol. As next steps it was suggested that concerned NGOs could develop a shared document which outlines the ‘red lines’ and concerns they have regarding the protocol. The Task Team agreed to look at options and facilitate this.
For IFRC and especially from the point of view National Societies (who are often implementing partners of UN) it would be useful to analyse the implications of the protocol and if indeed there are also ‘red lines’ for us/NS. If there are, then would need to consider working with the NGOs on a shared document. This could also influence the implementation guidelines UN agencies are now developing on this protocol.
2) Uniform protocol for victim/survivor assistance (for UN agencies): While this protocol is not directly applicable to implementing partners, it could be used to inform the development of our procedure for assistance to survivors.
3) Resources: It seems that many of the agencies are developing trainings on PSEA (available to all) and as in the protocol for implementing partners there are also requirements for implementing partners to undertake training. Therefore, it would be useful to see if these training materials are helpful for our training needs and also if the interest in supporting UN implementing partners in trainings could be an opportunity for NS.
Point 20 in the protocol: The UN entity shall have the right to investigate SEA allegations involving implementing partners and its associated personnel, notwithstanding related investigations undertaken by the implementing partner or national authorities. Where the investigation is not conducted by a UN entity directly, the UN partner entity will seek all relevant information to determine whether the implementing partner has taken appropriate investigative and corrective action.
Scenario 1
A staff member was sexually assaulted by another staff member. The survivor does not want the donor to know because he works closely with the donor in-country. You report to the donor that a staff member was dismissed for sexual assault but the donor insists to see the entire investigation report including the name of the survivor. What should/can you do?
Scenario 2
One of your staff members was found to have sexually exploited a community member. You have an obligation to report to the police but, in this country, you know the staff member may face the death penalty and the survivor may be charged with adultery. What should/can you do?
Think about if the survivor is a staff member.
A REDRESS report from 2017 frefers to studies in Haiti and Somalia that found that 90% of Sea survivors don’t report
IFRC is a member of IASC and of the PSEA AAP Task Team. We meet every month and some 60 people call in to the meetings to exchange best practices etc.
90% of donor money represented, some 22 aid organisations/governments. The focus was on disclosure schemes for job candidates, also discussed was a proposal for an ombudsperson (a scoping study has been done, initiated by the Dutch Foreign Ministry). An activitst (Alexia Pepper de Caires) entered the stage in the morning and demanded more focus on survivors’ rights, engaging with local comunities and listening more to the women who’ve worked on PSEA for many years.
Links to the PSEA policy and why we are doing this ahead of the writeshop. These actions link up directly to NS and how we need to work together in the Movement to prevent and respond to SEA. A template with headlines and space for NS to fill in national/NS information will be distributed at the writeshop, and participants will work in groups with a facilitator to enter their content.
IFRC has committed to supporting 15 NS in 2018, 15 in 2019 and 15 in 2020 to develop and adopt PSEA policies. At the same time we implement the policy internally and will write procedures on complaint mechanisms and assistance to survivors. NS are contributing to this effort, and there is also the IOM/IASC good practice guide on setting up PSEA complaint mechanisms, which should be in conjunction with community engagement and accountability mechanisms.