PSEA Policy



AFRICA YOUTH DEVELOPMENT ASSOCIATION

PROTECTION FROM SEXUAL EXPLOITATION AD ABUSE POLICY



AYODA PSEA POLICY

Developed date: 15 December 2020

Approved date: 31 December 2020

Effective from 1 January 2021

Review date: 1 January 2023

 



Table of Contents

1. INTRODUCTION............................................................................................................................ 2

2. Principles...................................................................................................................................... 3

3. Protection from Sexual Exploitation and Abuse Policy................................................................ 3

5. Definitions.................................................................................................................................... 4

6. Policy Implementation.................................................................................................................. 5

12. PSEA Reporting Procedures....................................................................................................... 7

17. Investigating authority................................................................................................................ 8

18. Protection of victims................................................................................................................... 9


1. INTRODUCTION

AYODA has a zero tolerance for sexual exploitation and abuse. AYODA will not tolerate its staff, volunteers or any other representatives associated with the delivery of its work to engage in any form of sexualexploitation or abuse.Vulnerable adults, womenand children are particularly at risk of sexual


exploitation and abuse. AYODA is committed to protecting all communities that the organization works with from

Sexual exploitation and abuse at all times. Please see definitions for a full outline who is included in the community.

 

The purpose of the PSEA Framework, including the policy, procedures and resources, is to establish an outline of the importance of the framework and clear procedures. The PSEA Framework also affirms AYODA’s commitment to the United Nations Secretary General’s Bulletin on SpecialMeasures for protection from sexual exploitation and abuse (ST/SGB/2003/13).

 

This policy ensures that all AYODA staff and volunteers are aware of their role and responsibilities in keeping communities and stakeholders safe from any form of sexual exploitation or abuse. The policy clarifies definitions and responsibilities regardingprohibited behaviour and the associated PSEA procedures outline the reporting and investigation processes.

 

2. Principles

This policy and the entire PSEA are guided by the principle of ensuring that AYODA is committed to all community membersas outlined in the definitions as having the right to protection from sexual exploitation and abuse irrespective of ability, ethnicity, faith, gender, sexuality, and culture. A key principle within this is that all processes are survivor led. AYODA commits to survivors leading the complaint processwhere it is possible and appropriate to do so.

 

3. Protection from SexualExploitation and Abuse Policy

AYODA has a zero tolerance for sexual exploitation and abuse. AYODA will not tolerate its staff, associates, partners or any other representatives associated with the delivery of its work to engage in any form of sexual exploitation or abuse. Vulnerable adults, women and children are particularly at risk of sexual exploitation and abuse. AYODA is committed to protecting all communities that the organization works with from sexual exploitation and abuse at all times. Please see definitions for a full outline who is included in the community.

 

The purpose of the PSEA Framework, including the policy, procedures and resources, is to establish an outline of the importance of the framework and clear procedures. The PSEA Framework also affirms AYODA’s commitment to the United Nations Secretary General’s Bulletin on SpecialMeasures for protection from sexual exploitation and abuse (ST/SGB/2003/13).

 

This policy ensuresthat all AYODA staff, associates, and partners are aware of their role and responsibilities in keeping communities and stakeholders safe from any form of sexual exploitation or abuse. The policy clarifies definitions and responsibilities regardingprohibited behaviour and the associated PSEA procedures outline the reporting and investigation processes.

 

4.Accountability Statement

AYODA takes this policy very seriously and the mandate prohibiting any form at sexual exploitation and abuse comes from AYODA’s Board of Directors

 

The PSEA policy applies to all AYODA staff, consultants, and stakeholders who must comply with its requirements and understand the sanctions that may be applied for breaches of the policy. Where required by law or localpractices, AYODA may enhance the standards as set out in this policy.

 

The Board of AYODA is ultimately accountable for this policy. The Executive Director, Management team and directorsof AYODA are responsible for its implementation. It is the responsibility of all representatives of AYODA to raise any concerns regarding sexual exploitation and abuse. AYODA takes all concerns and complaints seriously and will initiate a comprehensive investigation of complaints that are in violation of this policy and take disciplinary and possibly legal action as warranted.


5. Definitions

1.Sexual exploitation and abuse: for the purposes of this policy, the term "sexual exploitation and abuse "includes:

·sexual harassment,

·abuse of powerfor the purposeof obtaining sexualfavours,

·rape,

·sexual assault,

·sexual relations with a minor,

·paid sexual relations,

·Human trafficking sex-related.

 

A).Sexual harassment "Sexual harassment "is characterized by the repeatedimposition of sexualcomments or behaviours on a person that:

 

·are degrading becauseof their degrading or humiliating nature,

·or create an intimidating, hostileor offensive situation for the person concerned.

Any form of serious(even non-repeated) pressure with the real or apparent aim of obtaining a sexual act for the benefit of the perpetrator or a third party is considered as sexual harassment. It is specifically prohibited to sexually harass any AYODA staff, volunteers, and consultants during or outside working hours.

 

Sexual harassment includesmany prohibited behaviours such as:

·Physical assaults of a sexual nature, such as rape or sexual assault, attempts to commit such acts or physicalintent such as touching, pinching, fondling or any other gesture againstthe body of another individual.

·Sexual advances, sexual proposals or comments with sexual connotations such as equivocal gestures,noises, remarks, jokes or commentsabout a person’s sexuality or sexual experiences.

·preferential treatmentor promise of preferential treatment in exchange for sexualfavours from a person including solicitation only, or explicit request for sexual intercourse in exchange for any reward.

·Intimidation, threats or barriersto career progression because of the gender of the person concerned.

·reprisalsin response to a sexualharassment complaint

 

B) Abuse of powerfor the purpose of obtaining sexualfavours.

The "abuse of power to obtain sexual favours”is characterized by a sexual relationship imposed by force or by a relationship of social or economic dependence or subordination. Any relationship with a minor will be considered as sexual exploitation or abuse. Abuse of power to obtain sexual favoursalso includes rape and sexual assault.

 

C) Rape

"Rape "is defined as any act of sexual penetration, of any kind, committed against another person, whethera minor or an adult,by violence, coercion, threat or surprise. Sexual penetration includes vaginal,anus or mouth penetration through the penis or any other part of the body, including penetration with an object

 

 

D) Sexual assault

"Sexual assault "is definedas any sexual assault committed against another person, whether a minor or an adult,by violence, coercion, threat or surprise

 

E)Sexual relationwith a minor

"Sexual relation "with a minor is defined as sexual penetration (as defined in iii) Rape) or sexual assault (as defined in iv) Sexualassault) against a minor under the age of 18. Sexual relationwith a minor is


considered as sexual abuse. Any sexual activity with a child is prohibited because of the age of majority and lack of consent. A child is defined as any person under 18 years old, in accordance with the United Nations Convention on the Rights of the Child.Not knowing the person’s age is not avalid defense.

 

 

F) Paid sexual relations

"Paid sexual relations”is defined as the payment of a sum of money, an offer of employment, the provision of services in exchange for a sexual relationship or sexual favors for both minors and adults. Solicitation alone is also prohibited.

 

G) Human trafficking sex-related

"Human trafficking of a sexual nature "or procuring is defined as the recruitment, transportation, transfer or concealment of persons by the provision of means, threator any other form of coercion, fraud or abuse of power or by taking advantage of the sexual activity of a minor or an adult.

 

H)Beneficiaries: Under the terms of this policy, the term "beneficiary” refers to any person who benefits, directly or indirectly, from the programmes of AYODA, including persons of concern such as survey respondents.

 

Consultant: Under the term of this policy, a "consultant” is a third party, individual or group, with or without legal personality, who directly or indirectly provides any type of consulting services to AYODA, whetherfor a fee or not.

 

6. Policy Implementation

Policy Map

This policy will guide AYODA staff, consultants and stakeholders through the definitions of sexual exploitation and abuse as well as governance and responsibilities. The associated procedures and resourceswill provide information on how to report any complaints, the format of the reporting, and how these complaints will bemanaged.

Governance

The Board of Directors, has ultimate responsibility for this policy using a systematic approach. As such, the Board of Directors will receive a summary of any reported sexual exploitation and abuse incidents and follow-up measurestaken at each Board meeting,

 

7. AYODA’s Obligations

AYODA believes that all people have a right to live their lives free from sexual exploitation and abuse and will not tolerate its staff, volunteers and consultants engagingin any sort of behaviorthat puts beneficiaries or communities at risk. To that end, AYODA commits to:

 

1. Creating a safe culture for both those it serves and those who work for and represent the organization.

2. Following throughon any complaints and concernsin a timely manner throughits Safeguarding Committee and taking each complaint seriously.

3. Sensitizing staff,associates, and partners, around how to make a complaint.

4. Ensuring zero tolerance towards sexual exploitation and abuse.

5. Building a culture of dignity, honor and respect where all those who workwith and are served by AYODA feel empowered to report complaints.

6. Educating staff that sexual exploitation and abuse constitute gross misconduct and are grounds for termination of employment and possibly legal action.

7. Providing information on how to report complaints and the investigation procedure.

8. Ensuring that all staff have accessto the PSEA policy and procedures as wellas all other related safeguarding policies.

9. Providing trainingto all staff on PSEA.


8. Staff Responsibility

All staff, volunteers and consultants are required to adhere to this policy at all times and are obliged to report any suspicions of sexual exploitation and abuse of others. All staff, volunteers and consultants are required to sign the associated Code of Conductand an acknowledgement of having read and understood the policy.

 

9. Manager Responsibility

Board directors hold overall accountability for this Policy and its Implementation. Managers also have a responsibility to support and develop systems that maintain an environment where all parties involved with AYODA understand how to behave, how to raise complaints and concerns, and what action will