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Policy on the Protection from Sexual Exploitation and Abuse

Purpose of the Policy

To promote a zero-tolerance policy toward sexual exploitation and abuse (SEA) for all staff in any capacity at CMBM and ensure that the roles, responsibilities, and expected standards of conduct related to SEA are known within the organization. CMBM is committed to creating and maintaining a safe, SEA-free environment by taking appropriate measures to this end, internally and in the communities in which the organization operates, through effective prevention and response work.

Policy is applicable to contributors to and collaborators with CMBM.

1. Foreword

The Center for Mind-Body Medicine (CMBM) is an international nonprofit organization that is based in Washington, D.C. and currently operating in several countries, dedicated to reviving the spirit and transforming the practice of medicine. The CMBM model combines the precision of modern science with the wisdom of the world’s healing traditions to help health professionals heal themselves, their patients and clients, and their communities. Concerned with healing the wounds of war, CMBM trains healthcare professionals and educators to teach children and adults self-care techniques and self-awareness that will enable them to relieve psychological suffering and heal wounds and trauma.

CMBM serves people in countries with heterogeneous regulatory, social, and economic environments through its involvement with staff, local partners, community-based organizations, consultants, contractors, and volunteers. For this reason, CMBM utilizes a homogeneous yet flexible structure by adopting specific policies and procedures in accordance with cultural forms, while ensuring that these policies and procedures remain applicable to all contributors to CMBM, collaborators with CMBM and recipients of services provided by CMBM.

With this in mind, CMBM has prepared this Protection Against Sexual Exploitation and Abuse Policy (hereinafter referred to as “PSEA” or “Policy”) because there is a growing recognition that “no country, no institution and no family is immune from sexual abuse and exploitation.”1 Through the implementation of this policy, CMBM is more able to create an environment in which all are safe and respected, and can access the protections and assistance they need.

2. Mission Statement

Sexual exploitation and abuse violate universally recognized international legal norms and standards and represent unacceptable and prohibited behavior for all who work in any capacity with CMBM or who collaborate with CMBM. CMBM has adopted a zero-tolerance policy toward sexual exploitation and abuse. The Board of Directors and anyone working in any capacity with CMBM are expected to uphold the highest standards of personal and professional conduct at all times, including acting in a manner that respects and promotes the rights of beneficiaries and other vulnerable members of local communities.

3. Purpose of the Policy and Field of Application

The purpose of this Policy is to (1) increase awareness of sexual abuse, exploitation, and harassment in any form; (2) address all known incidents of sexual abuse, exploitation, and harassment in any form, as well as any other behaviors that are detrimental to the dignity and honor of the individual. CMBM’s commitment is to provide a safe environment for all those who work with or who are the beneficiaries of CMBM’s activities. CMBM expects all contributors to CMBM and collaborators with CMBM to adhere to the standards of conduct outlined in this and other applicable policies, and to follow CMBM guidelines for reporting any/all concerns about conduct by staff, local partners, community-based organizations, consultants, contractors, and volunteers in violation of this Policy.

Moreover, CMBM is committed to ensuring maximum awareness, both for those who contribute or collaborate in any capacity with CMBM and for the recipients, of what risks associated with situations of sexual exploitation and abuse are, as well as what inviolable rights victims have and the related procedures for protecting them.

This PSEA is addressed to the following categories of individuals for whom it should be considered binding:

  • Contributors in any capacity to CMBM. This includes staff, consultants, volunteers, contractors and other external collaborators of CMBM, considered as providers of services who participate in the implementation of CMBM’s
    activities.

4. Principles of Reference

To address sexual exploitation and abuse, the UN and IASC2 have developed comprehensive policies that complement each other and serve as benchmarks for good programming. The key documents are the following:

A. The 6 IASC core principles (as of 2002, updated in 2019)

IASC indicates 6 basic principles that must be respected in all international organizations and calls on the latter to include the principles in the code of conduct of humanitarian organizations. CMBM adopts these principles as follows:

  1. Acts of sexual exploitation and abuse (SEA) perpetrated by CMBM employees in any capacity constitute misconduct of a serious nature that may result in termination of employment or volunteer service.
  2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the locally recognized age of consent. An erroneous consideration regarding a child’s age is not a defense and is never accepted as justification.
  3. The exchange of money, labor, goods, or services, including assistance given to beneficiaries to obtain sexual favors or services or other forms of humiliating and degrading behavior is prohibited.
  4. It is forbidden to have any sexual relationship with project beneficiaries by misusing one’s role. These situations could have negative consequences on the credibility of CMBM’s projects.
  5. When a collaborator in any capacity has concerns or suspicions regarding an act of SEA by a colleague—whether working for CMBM or a Partner organization or other actor involved in a project—he or she must report them through existing means and procedures.
  6. Specifically, the SEA Focal Point should be informed about any concerns or suspicions, including rumors, that arise in good faith about acts of SEA.
  7. All collaborators, in whatever capacity, of CMBM are expected to create and maintain an environment that prevents sexual exploitation and abuse and promotes the implementation of the PSEA Code of Conduct.

B. The United Nations Secretary General’s Bulletin on Special Measures for Protection from Sexual Exploitation and Abuse (ST/SBG/2003/13)

The Bulletin takes up the 6 core principles identified by the IASC and makes them its own, and further

  • Defines sexual exploitation and sexual abuse.
  • Establishes that acts of sexual exploitation and abuse (SEA) “constitute gross misconduct, and therefore are grounds for disciplinary measures, including summary dismissal.
  • Mandates United Nations staff and all entities and individuals who have cooperative agreements with the United Nations to report incidents of abuse.

Furthermore, UN agencies and partners are committed to pursuing a survivor-centered approach to SEA acts. This approach seeks to empower victims and promote their recovery by prioritizing their rights, needs, and desires to respond to gender-based violence (GBV), including SEA.

Key standards for applying this approach include:

  • Safety: the survivor’s safety is the primary consideration.
  • Confidentiality: survivors have the right to choose who they tell their story to or not, and information should be shared only with the victim’s informed consent.
  • Respect: respect for the survivor’s choices, wishes, rights, and dignity should steer the decisions of organizations. The role of the SEA Focal Point is to provide the survivors with the information they need to make informed decisions and facilitate their recovery.
  • Non-discrimination: survivors should receive equal and fair treatment regardless of their age, gender, race, religion, nationality, ethnicity, sexual orientation, or any other characteristic.

CMBM embraces all of the above principles and is committed to their effective implementation at every organizational level by requiring that all contributors and collaborators in any capacity adhere to their compliance so as to ensure the protection of the beneficiaries.

5. Definitions

UN Secretary General’s Bulletin “Special Measures for Protection from Sexual Exploitation and Abuse” (ST/SGB/2003/13) has introduced the following standard definition for sexual exploitation and abuse, which applies to any sector and context3:

“Sexual exploitation” is any actual or attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes, including, but not limited to profiting monetarily, socially, or politically from the sexual exploitation of another.

“Sexual abuse” is the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.

Within the general definitions introduced by the United Nations, the Foundation adopts the following additional definitions:

SEA: acronym for Sexual Exploitation and Abuse

Beneficiary: Any individual who, as part of an CMBM project, receives goods or services free of charge or is otherwise the recipient of activities and results geared toward it.

Partner: Organizations and social groups that promote, fund, and/or implement activities in cooperation with CMBM.

Survivor/Victim: Anyone who has been subjected to acts of sexual exploitation or abuse by persons associated in any capacity with CMBM.

Claimant: The person who initially notifies CMBM or its Partners about an allegation of sexual exploitation and abuse.

Whistleblower: A collaborator of CMBM or of its Partners who, having become aware of any of the conduct covered by this Policy on the part of another person working in any capacity with CMBM, reports the fact.

Sexual harassment: Repeated, unwanted, and unacceptable conduct and practices of a sexual nature, including invitations, demands, requests for sexual favors, verbal or physical conduct, or gestures that might reasonably be perceived as offensive or humiliating.

Moral harassment: Repeated hostile behavior directed against an individual, with physically or psychologically persecutory intent, protracted and systematic, likely to create an environment that is disrespectful, humiliating, or detrimental to the person’s psychophysical integrity or dignity.

Gender-Based Violence (GBV): generic term for direct or disproportionate violence toward someone because of their actual or perceived gender identity. Sexual exploitation and abuse are a kind of GBV.

Online abuse: Exploitation or abuse carried out through the use of information and communication technology (e.g., e-mail, texts, social media, communication apps).

6. Areas of Operation

1. Prevention

a) recruiting, hiring, and onboarding

Working with CMBM requires that the Board of Directors, staff, consultants, volunteers, interns, and all those acting in any capacity on its behalf, accept this PSEA by signing a commitment to abide by its principles and procedures.

Prior to this step, and in order to avoid hiring individuals with a past record of sexual misconduct, CMBM implements adequate safeguards, including:

  • Staff, consultants, volunteers, and interns are recruited through position descriptions that contain a clear description of the job to be performed, the organizational role, and the assumption of responsibility related to compliance
    with and implementation of this PSEA as well as the relevant Code of Conduct and other adopted policies.
  • Reference checks with former employers are a mandatory part of the hiring process.
  • Prior to the first day of employment, the selected candidate must provide and sign a self-certification attesting to his or her criminal convictions, if any, and knowledge or lack of pending charges for crimes against the individual.
  • All personnel are requested to sign an organizational code of conduct or equivalent.
  • Part of the new employee onboarding process is devoted to explaining CMBM’s Policies, including the PSEA, and verifying the employee’s understanding of the importance to CMBM of the proper implementation of these policies.
  • PSEA clauses are integrated in contract agreements.
  • CMBM organizes mandatory and refresher trainings on PSEA for all personnel and faculty contractors on a regular basis.
b) training and awareness-raising

CMBM considers training and awareness-raising to be essential elements in the implementation of its Policy. This priority implies that:

The Board of Directors, staff, contractors, consultants, volunteers, and interns receive training on this Policy, Code of Conduct, and related procedures at the time of induction or during the introductory period.

In this way, in the event of abuse occurring, the human resources involved in the specific CMBM Project are enabled to promptly activate effective forms of support for survivors.

Training activities will be conducted according to an annual training plan that identifies general objectives.

CMBM has prepared a set of communication materials that enable employees in any capacity, beneficiaries, including minors, and local communities to know their rights under PSEA, learn about reporting procedures, and how to activate them.

CMBM has a targeted PSEA awareness plan, depending on the local context and target audience, which uses the above communication materials in a way that best reaches the target audience by adapting messages and other communication tools as appropriate.

c. internal organization

The Country Directors are responsible for overseeing and ensuring the implementation of the Policy, through assigning a SEA Officer.

Contact Person against Sexual Exploitation and Abuse (SEA Officer/Focal Point)

This is the figure, identified by the Country Directors to operate at the country level, which carries out the following functions:

  • Promotes awareness and implementation of this PSEA throughout the organization and liaises with the Country Director.
  • Ensures that all staff, volunteers, and contractors sign the commitment to comply with the PSEA policy and Code of Conduct and maintains its records.
  • Sets the plan for staff, volunteer, and contractor training and awareness on PSEA.
  • Verifies that there is a condition in contracts and partnership agreements concerning the obligation to comply with the PSEA.
  • Serves as a reference and source of qualified information for human resources regarding this PSEA, also during investigations.
  • Receives and evaluates reports forwarded to it by the Focal Point or received directly; directs and supervises the work of the Focal Point.
  • Always informs the Country Director about the reports received and, if necessary, convenes it even urgently.

2. Response

a) reporting

Please note that CMBM, an international NGO, carries out its activities in the United States of America, European and Arab countries, which have different social, economic, and regulatory contexts.

Rules of conduct and abuse prevention rules are general in nature, while further differentiation could be provided based on the specific local context if the risk of abuse is higher.

The following procedures should therefore be adopted locally and provided for in the MOU signed by the Partner to make CMBM capable of responding promptly in case of abusive behavior.

If the project is carried out in partnership, CMBM and the Partner will identify CMBM’s SEA Focal Point and a possible Contact Person for the Partner that can be contacted by those who need to make a report.

Reporting rules

Anyone who believes they have been abused or has a suspicion or evidence that sexual exploitation or abuse has been perpetrated or attempted may make a report to the SEA focal point or Country Director. The report should be handled according to the following principles:

  • Safety, by reducing as much as possible any kind of risk for all persons involved in the reporting and for the preservation of related documentation.
  • Confidentiality, by reducing the number of people involved in the handling of reports and separating identifying data from the report documents to the extent consistent with conducting an adequate investigation and taking appropriate corrective action(s) as needed. The ability to make anonymous reports is guaranteed, and all anonymous reports will be considered according to the details provided.
  • Transparency, by explaining to the reporter what information will be shared and for what purposes, in accordance with CMBM’s obligations under this Policy to inform the SEA Focal Point if they have concerns about risk or occurrence of exploitation or abuse.
  • Accessibility, by making reporting rules easy to use by eliminating potential barriers to access reporting mechanisms) and customizing them on the basis of the target (age, sex, different educational background, skills, etc.).

In any case, any exploitation or abuse, whether suspected or confirmed, must be seriously evaluated regardless of who makes the report and who the person reported is.

Reporting procedure

In the case of suspicion:

If a contributor of CMBM witnesses abuse or exploitation, suspects it, or receives a report of it, he/she/they shall immediately inform the SEA Focal Point; if the suspect is the SEA Focal Point itself, the reporter shall immediately notify the Country Director, who shall proceed with an investigation. Contributors who do not report are liable to disciplinary action and/or removal from a contract.

Upon receipt of a report, the SEA Focal Point, will consider whether:

  1. the risk is internal to CMBM or one of its Partners.
  2. the risk is external.

a) If the risk is internal, the SEA Focal Point will activate this procedure by highlighting whether the same is due to the way the activity has been organized or not, and filling out the relevant reporting form;

b) If the risk is external to the organization the SEA Focal Point, will proceed according to the following point c).

SEA Focal Points will take all necessary steps to:

c) Ensure the protection and confidentiality of the person who discovered the abuse.

d) Avoid any contact between the person accused of abuse and the alleged victim.

e) Protect the alleged victim and give him/her all the support he/she needs immediately (psychological, medical, legal).

f) Make a verbatim record of the reporter’s account and complete the Report of Event form (if possible, the Report should be accompanied by the recording of the testimony).

g) Throughout the procedure, the interest of the alleged victim should always be considered paramount.

The procedure described here is of a general nature and is supplemented by the description of the reporting mechanisms that apply depending on who makes the report.

b) investigation

CMBM will delegate an entrusted external consultant for investigating complaints regarding SEA’s acts and managing the reporting procedure in collaboration with the Focal Point taking care of the keeping of a register of reports.

CMBM ensures that beneficiaries and community members know about the existence of this Policy, how to report SEA incidents, and the type of assistance that can be offered. Potential or actual SEA victims must be adequately informed about how the reporting mechanism works and who the contact persons are. Individuals reporting SEA cases and victims should receive information from the SEA Focal Point on the development and conclusion of their cases.

Investigation actions conducted by the external consultant and coordinated with the Focal Point may include:

  1. Gather factual information and documentation and evaluate any other items to be acquired, including testimonials.
  2. Carry out an internal investigation, including information gathered from witnesses.
  3. Temporarily suspend from his/her/their activities the person who is the subject of the complaint, or discontinue, in the most serious cases and if these activities concern projects with vulnerable people, the collaborative relationship with the entity to which he/she belongs, during the period of the investigation.
  4. Inform the concerned person about complaints regarding him or her.
  5. Give the suspected person an opportunity to present his or her side of the story, before any decision of guilt or innocence is reached.
  6. Ensure the protection of the victim and the reporter and assist the victim of sexual exploitation or abuse according to item d) below.
  7. Ensure that the person who made the report is informed about the procedure initiated.
  8. Upon completion of the investigation, analyze the evidence collected and the entire case file; decide on any disciplinary sanctions or other consequential measures or whether the report should be dismissed. All individuals to whom this PSEA applies must report abuse and no form of coercion, intimidation, or revenge is tolerated against them, including when providing information or assistance during an investigation.
c) reporting to the authorities

If the report is not filed, the SEA Focal Point will have to decide whether it is also necessary to refer the matter to the national authorities; in this case he/she will file the report with the competent authority and follow up the developments by acting accordingly.

Under no circumstances may the SEA Focal Point proceed with filing the report without the Country Director permission.

If deemed appropriate, CMBM ensures that it will report the findings to the relevant authorities according to applicable law while also considering initiating proceedings as an aggrieved plaintiff.

CMBM may choose not to report a case to local law enforcement if it believes that the local context or country governance or legal structures are not strong enough to protect the victim and others involved in the case or even endanger them. In this case the decision is taken by the Country Director, after consulting the SEA Officer.

Considerations on whether or not to report to domestic law enforcement include the nature of the complaint, the victim’s willingness and ability to give informed consent, and concerns about legal proceedings in that particular country.

In those cases where CMBM decides not to report to local authorities, CMBM should consult a lawyer and retain documentation and evidence to support the decision made.

d) assistance to the survivors

CMBM is committed to ensuring that the survivor receives all necessary protection and support, specifically in the following areas:

  • Safety
  • Medical assistance
  • Psychosocial support
  • Legal assistance
  • Material assistance

CMBM has a list of contacts and services that can be referred to if needed that offers the survivor onsite support through various entities operating in the area, which act as a protection “network.”

Even in cases where, due to the survivor’s wishes or to ensure the person’s protection, the case is not reported to the justice system, CMBM takes all necessary measures to assist the survivor and provide social, health care, and psychological support.

3. Agreements with partners

a) collaboration requirements

All CMBM’s contracts and partnership agreements include a standard clause requiring contractors, suppliers, consultants, and sub-partners to commit to a zero-tolerance policy on SEA and to take measures to prevent and respond to SEA.

b) PSEA violation and agreement termination risk

The failure of those entities or individuals to take preventive measures against SEA, to investigate allegations thereof, or to take corrective action when SEA has occurred, shall constitute grounds for termination of any cooperative arrangement.

Citations

1. Address to High-Level Meeting on the United Nations Response to Sexual Exploitation and Abuse, by António Guterres, 18 , September 2017.

2. The Inter-Agency Standing Committee (IASC) is a unique inter-agency forum for coordination, policy development and decision-making involving the key UN and non-UN humanitarian partners.

3. Regarding the definition of SEA, it is important to distinguish between SEA and sexual harassment. In both cases, sexual misconduct is perpetrated by UN agency staff or their partners. However, SEA victims are beneficiaries or community members, while victims of sexual harassment are staff of UN agencies or partners themselves. This Policy covers SEA only. For sexual misconduct involving UN agency staff or their partners as victims, see SG Bulletin on Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority (ST/SGB/2008/5).