Exploitation, Abuse And
Introduction
The One Love Sisters Ghana envisions a society where all have access to tools that improve their livelihoods and quality of life. We approach this by working to initiate positive change among LBQT and GNC populations in Ghana, using innovative solutions to facilitate access to Sexual Reproductive Health and Rights (SRHR), Quality Education and Skills Development. We can break the cycle of poverty and improve health outcomes and general quality of life especially for LBQT and GNC people by investing in these three basic areas of life. The consortium understands that working with various stakeholders with different interests, motivations and power could engender risks of harm and abuse to people. This calls for policies and procedures to protect people from Sexual Exploitation, Abuse and Harassment (PSEAH), discrimination, neglect, and other forms of harm to our target population. The One Love Sisters Ghana, through this policy therefore accepts the responsibility to prevent such forms of abuse at its workplace and program communities and when they do occur, commits to provide an accessible complaints handling mechanism where survivors can report and receive the best form of care and support internally and externally from the relevant state institutions such as the Ghana Police Service, Department of Social Welfare, Commission on Human Rights and Administrative Justice (CHRAJ), Ghana Legal Aid and other human rights and welfare institutions. The consortium is equally aware of other national and international laws, conventions and protocols that protect the rights of people and will be guided by these laws in the implementation of this policy. Particular attention will be paid to but not limited to the following:
- The 1992 Constitution of the Republic Ghana- "Fundamental Human Rights and
Freedoms" chapter.
- The Domestic Violence Act, 2007, (Act 732).
- The Mental Health Act, 2012 (Act 846).
- The Ghana Legal Aid Scheme Act, 1997 (Act 542).
- Ghana Data Protection Act, 2012, (Act 843).
- The Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW) ratified by Ghana in 1986.
- The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT), ratified by Ghana in 2000.
- The Convention on the Elimination of All Forms of Racial Discrimination (CERD).
- The UN Secretary General's Bulletin on Special Measures for Protection from Sexual
Exploitation and Abuse (ST/SGB/2003/13). Whilst the ultimate responsibility for the approval of this policy rests with the consortium's Management anyone including the consortium's staff, partners beneficiaries, and other collaborators can raise a concern or make a complaint about something they have experienced or witnessed without fear of retribution. Policy objective: To promulgate policy of zero tolerance for Sexual Exploitation, Abuse and Harassment (SEAH) for all members of the consortium and related personnel and ensure that roles, responsibilities and expected standards of conduct in relation to SEAH are known within the consortium. To create and maintain a safe environment, free from SEAH, by taking appropriate measures for this purpose internally and in the communities where the consortium operates, through robust prevention and response work.
Purpose of the policy: The purpose of this policy is to ensure that the consortium's activities are implemented in a safe and protective environment where harm, exploitation, abuse, and harassment are effectively prevented as far as reasonably possible, and when they do occur are reported on and responded to effectively. This policy does not cover SEAH concerns in the wider community not perpetrated by consortium members or associated personnel, however, the concerns may be raised/reported to relevant institutions for appropriate action. Targeted Audience: One Love Sisters Ghana and related personnel. Effective Date: 2024 Mandatory Revision Date: 2026
1. Policy statement
1.1. SEAH violates universally recognized international legal norms and standards and are
unacceptable behaviors and prohibited conduct for all humanitarian workers, including the consortium members and related personnel.
1.2. The One Love Sisters Ghana has a policy of zero tolerance towards SEAH. All
consortium members and related personnel are always expected to uphold the highest standards of personal and professional conduct, and to provide humanitarian assistance and services in a manner that respects and fosters the rights of beneficiaries and other vulnerable members of the local communities.
2. Scope of application
2.1. This policy sets out the consortium's approach to prevent and respond to SEAH. The
policy applies to all employees and related personnel, both on-and off-duty.
3. Safe Programming
Safe programming refers to:
- Programme and projects delivered by 'safe' staff, partners, and other stakeholders.
- Programme and projects delivered on the rights and needs identified with beneficiaries
(within the consortium's remit) to achieve positive outcomes, minimizing opportunities for exploitation, abuse, or harassment within communities, and from development workers.
- Programme and projects do no harm to children, vulnerable adults or other beneficiaries-
they are designed, implemented, monitored and evaluated using a risk management approach, identifying and minimizing risk.
Protection from Sexual Exploitation, Abuse, and Harassment (PSEAH) PSEAH is a term used by the humanitarian and development community to refer to the prevention of sexual exploitation, abuse, and harassment of affected populations by staff or associated personnel. The term is derived from the United Nations Secretary General's Bulletin on Special Measures for the Protection from Sexual Exploitation and Abuse (ST/SGB/2003/13). Sexual Exploitation For the purposes of this policy the term 'sexual exploitation' means 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 Similarly, the term 'sexual abuse' means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. Sexual Harassment Sexual harassment refers to an unwanted conduct of a sexual nature. It can be directed towards one person, groups of people or everyone and can occur as a one-off incident or be a pattern of harmful behavior. Anyone can experience sexual harassment, and the consortium recognizes the specific and varied challenges faced by women, men and others when experiencing it. The effect of sexual harassment is that it violates the dignity of another person, and creates an intimidating, hostile, degrading, humiliating or offensive environment for them and others. Sexual harassment can take many forms, including (but not limited to):
- Verbal comments of a sexual nature, such as remarks about an employee's
appearance, questions about their sex life or offensive jokes.
- Non-verbal such as displaying pornographic or explicit images, staring, sexual
gestures or written comments of a sexual nature which are offensive or inappropriate.
- Physical such as unwanted physical contact, touching, and assault (this includes
attempts and threats to do these things). When addressing allegations of sexual harassment, the consortium is concerned with the impact of the behaviors on the complainant, not the intention of the person accused. An action or behavior can still be considered sexual harassment even if the alleged harasser didn't intend for it to be harmful. All workers are protected from sexual harassment in the workplace. This protection is backed by both the labor law and criminal law of Ghana. Survivor The person who has been abused or exploited. The term 'survivor' is often used in preference to 'victim' as it implies strength, resilience, and the capacity to survive, however it is the individual's choice how they wish to identify themselves.
4. Commitment to PSEAH
The consortium will make every effort to create and maintain a safe environment, free from SEAH, and shall take appropriate measures for this purpose in the communities where it operates, through a robust PSEAH framework, including prevention and response measures.
4.2. This PSEAH framework, affirms the consortium's commitment to the UN Secretary
General's Bulletin on Special Measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) acts of gross misconduct and are therefore grounds for termination of employment.
5. Six core principles
5.1. SEAH by the consortium members employees and related personnel constitute acts of
gross misconduct and are grounds for termination of employment/engagement.
5.2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the
age of maturity or age of consent locally.
5.3. Exchange of money, employment, goods, or services for sex, including sexual favors or
other forms of humiliating, degrading or exploitative behavior is prohibited. This includes exchange of assistance that is due to beneficiaries.
5.4. Any sexual relationship between the consortium members or related personnel and
beneficiaries of assistance or other vulnerable members of the local community that involves improper use of rank or position is prohibited. Such relationships undermine the credibility and integrity of development work.
5.5. Where the consortium members or related personnel develops concerns or suspicions
regarding sexual abuse or exploitation by a fellow worker, whether in the same organization or not, he or she must report such concerns via established reporting mechanisms.
5.6. All consortium members and related personnel are obliged to create and maintain an
environment which prevents SEAH - do no harm and promotes the implementation of this policy. Managers at all levels have responsibilities to support and develop systems which maintain this environment.
6. PSEAH framework
6.1. Prevention:
6.1.1. Vetting: the consortium will systematically vet all prospective job candidates in
accordance with established screening procedures.
6.1.2. Training: The consortium will hold mandatory induction and refresher training for its
members and related personnel on the consortium's SEAH policy and procedures.
6.2. Response:
6.2.1. Reporting:
The consortium shall develop safe, confidential, and accessible mechanisms and procedures for personnel, beneficiaries, and communities, to report SEAH allegations.
6.2.2. Investigation:
The consortium shall put in place and implement a process for the investigation of SEAH allegations and shall properly and without delay investigate SEAH by its employees or related personnel or refer to a proper investigative body if the perpetrator is affiliated with another entity.
6.2.3. Referral to National Authorities:
If, after proper investigation, there is evidence to support allegations of SEAH, these cases may be referred to national authorities for criminal prosecution.
6.2.4. Survivor assistance:
The consortium shall promptly refer SEAH survivors to available services, based on their needs and consent.
6.3. Cooperative arrangements:
6.3.1. The consortium's contracts and partnership agreements include a standard clause
requiring contractors, suppliers, consultants, and sub-partners to commit to a zero-tolerance policy on SEAH and to take measures to prevent and respond to SEAH.
6.3.2. The failure of those entities or individuals to take preventive measures against SEAH,
to investigate allegations thereof, or to take corrective action when SEAH has occurred, shall constitute grounds for termination of any cooperative arrangement.
7. The Consortium SEAH Principles
The commitment of the consortium to prevent, report and respond to safeguarding concerns related to its staff, management, board, partners, and other representatives is based on eight principles as outlined below: Table 7.1. Core SEAH Principles The principle Explanation
1. Prevention We shall operate with the principle that is better to act before harm
occurs.
2. Survivor led We shall be guided by the principle of listening to survivors and
being led by their wishes where it is possible and appropriate to do so.
3. non-directive We aim to empower survivors and complainants by helping them
explore their options in safe ways without imposing our own opinions.
4. Non-judgmental We will never judge survivors or complainants for their actions or
decisions.
5. Confidentiality We shall be guided by the principle of confidentiality when
carrying out our work. Information received will not be shared outside the team or the organization unless we believe that someone is in danger or a child has been or may be harmed, or the support service is outside the organization. 6.Independent investigations Through our Management Team, we shall receive concerns and depending on the nature of the concern may refer it to an external expert to conduct the investigations, otherwise we shall carry out independent and discrete investigations, recognizing the rights and duty of care to everyone involved, including the complainant or survivor, witnesses and the person accused.
7. Commitment to good
practice We shall always strive to offer the best service possible and be open to feedback and continual learning.
8. Accountability We shall be guided by the principles of accountability and
transparency in delivering safeguarding.
8. Roles and Responsibilities
SEAH is a concern for everyone. All employees and representatives are obliged to create and maintain a conducive and safe environment for the conduct of business. All consortium members have the responsibility of preventing harm and abuse from happening, reporting cases of abuse and human rights violations promptly to the designated officers and responding to complaints of harm and abuse timeously, transparently, and honestly. The specific roles and responsibilities of the various people in the consortium are outlined in the Table below SEAH Roles and Responsibilities within the consortium Organizational Hierarchy Roles and Responsibilities
1. Management 2.1. The Executive Director and members of the
management team hold overall accountability for the implementation of this policy.
2.2. They are responsible for reviewing and updating this
policy annually in consultation with staff, and in line with the country's legislation and its own organizational imperatives.
2.2. They are responsible for organizing PSEAH orientation
for new staff/consultants/partners.
2.3. They are responsible for appointing a SEAH Focal
Person(s) (SFPs).
2.4. The SFP(s) shall be responsible for providing training and
support to all staff on this policy.
2.5. All management team members are required to adhere to
this policy.
2. Employees 3.1. It shall be mandatory of all Consortium members to
participate in PSEAH trainings/refresher training without fail. Failure to avail oneself of safeguarding training is subject to disciplinary sanctions by management.
3.2. All consortium members are required to read and
adhere to all the provisions in this policy; 3.3. All employees are obliged to report any suspicion of bullying, sexual exploitation, abuse, or harassment of others.
3.4. Failure to report any suspicion of abuse relating to
someone else is a breach of the consortium's policy, and could lead to disciplinary action against such an employee
3. Consultants/interns/partners 4.1. All consultants/interns/partners shall be oriented on this
policy and shall sign up to its total implementation and or observance in the discharge of their duties in the consortium.
9.0 Complaints Mechanism
The purpose of the complaints handling mechanism is to ensure the consortium acts swiftly to investigate and conclude all safeguarding concerns. However, the timeline may vary depending on the nature and complexity of the complaint. The complaints handling mechanism involves these five phases:
1) reporting the incident; 2) assessing the incident; 3) investigating the incident; 4)
communicating the outcome: 5) closing the case.
10.0 Procedures for raising SEAH concerns. Staff members who have a complaint or concern relating to safeguarding/SEAH shall report it immediately to the SEAH Focal Person either verbally or in writing. If the staff member does not feel comfortable reporting to the SFP (for example if they feel that the report will not be taken seriously, or if that person is implicated in the concern) they may report to any other appropriate staff member. For example, this could be the Deputy Executive Director or Executive Director. If an allegation is made against you, then you must inform your line manager immediately. This involves creating a signed and dated record of the details as you know them and sending a copy of the report to the Admin Manager. All those accused will be treated with respect and all allegations shall be treated confidentially. Key contacts for handling SEAH concerns are provided below: Table 10.1. Key Contacts for handling PSEAH concerns Position Contact
1. Executive Director Email:
Mobile:
2. SEAH Focal Person Email:
Mobile: 10.2 SEAH concerns raised by employees or associates of the consortium. Employees, volunteers, and contracted staff of the consortium who believe they are being harassed, bullied, exploited, or abused are required to follow the procedures below to report their concerns:
1. Record the incident clearly (see annex 1 for sample incident form).
2. Communicate to the perpetrator that their behavior is not welcome and that it offends
or upsets. If this is not possible, they should talk to any of the following: their SEAH focal person. This should be in a written form.
3. If the intervention of the designated officer resolves the issue amicably it closes at that
point but documented for future monitoring;
4. If the matter cannot be resolved informally, the case will be thoroughly investigated
and the allegation if proven, the formal disciplinary actions applied as per the HR Policy Manual.
10.3. PSEAH concerns raised against consortium members
If an employee of a contractor/partner believes they are being harassed, bullied or abused by an employee, intern or volunteer, they should:
1. Ask their line manager to notify the designated staff managing that project or
relationship in writing;
2. The focal person will cause the complaint to be investigated;
3. The focal person shall inform the partner organization manager of the outcome and
sanctions;
4. The focal person will be required to communicate the outcome and sanctions to the
survivor;
5. If the employee of the partner organization is unhappy with the outcome of the
investigation, they will need to raise it using the internal procedures of their own employer to reopen the case.
10.5. Procedures for responding to SEAH complaints
The consortium is committed to responding to all cases of abuse and harm to its staff, partners and collaborators. The consortium will use both internal and external mechanisms to respond appropriately to safeguarding concerns swiftly and in the best interest of the survivor.
10.5.1. Internal Response
When a compliant or concern has been raised, it must be referred within 24 hours to the PSEAH focal person. This can be done on behalf of somebody else, and may only involve a suspicion.
Within a maximum period of 72-hours of receiving a complaint or concern, the focal person must convene a case meeting and a formal acknowledgement of receipt of the complaint sent to the complainant within the 72-hour period. The decision about whether to refer to local police or social welfare in other cases is made by the person who it is alleged has been the subject of abuse ("the victim/survivor" - who may or may not be the complainant). The consortium's approach will always be to comply with reporting obligations under the laws of Ghana, as long as there is consent from the survivor to do so. If someone's life is in danger or the matter relates in any way to an adult at risk, then some decisions may have to be taken by the consortium (for example, to contact the Police). This recognizes that the principle of being survivor led must be balanced against risk and protection of vulnerable groups in every instance. If the victim/survivor is an adult at risk, then decisions about their welfare may have to be made by others. However, as far as is possible and appropriate they will be engaged in the conversation about their own welfare. The consortium shall ensure confidentiality is maintained throughout the complaints process by all staff and witnesses. Members who breach confidentiality will be subjected to disciplinary action, with the possibility of termination of employment. In some cases, such breaches constitute breaking the law.
10.5.2. Support and Care to Survivors
The consortium will offer support to survivors of harm caused by staff or associated personnel, regardless of whether a formal internal response is carried out (such as an internal investigation). The survivor will lead decisions regarding support required. The SEAH Focal Person and line manager of the survivor, if they are not the alleged perpetrators shall be the appropriate persons to contact for such support and care. The support could be linking the survivor to appropriate institutions or organizations in country for support.
11.0. The Consortium's Commitment to Safe Recruitment
The consortium is committed to recruiting staff, consultants, interns, volunteers and other representatives safely. All staff interviews and references must address safeguarding and equality requirements and attitudes in line with the Recruitment Policy. Recruitment of staff for roles which requires that the work with adults at risk and children to include the following: Asking the applicants to disclose all criminal convictions in keeping with the parameters of local employment law; Not offering volunteering opportunities to anyone with spent or unspent convictions for sexual offences or any form of vulnerable adult abuse; Checking the references of the applicants to determine whether they have previous records of child and vulnerable adults abuse or not; Asking the applicants to start work only upon receipt of satisfactory reports from referees and other employee reference bureaus.
12.0. THE CONSORTIUM's Commitment to PSEAH Training
The consortium shall ensure regular and mandatory training/refresher training on safeguarding is organized for all staff and representatives. The training will focus on preventing cases of abuse, reporting and responding to safeguarding concerns as outlined in this policy document and related policy documents such as recruitment policy, gender and policy and others. A critical aspect of the safeguarding training will be on safe programming and how to mainstream safeguarding across the organization. All newly recruited staff and consultants shall receive a training or orientation on the PSEAH policy.
13.0 Breaches of the SEAH Policy
Breaches of the Policy will not be tolerated and may result in disciplinary procedures, change of duties, termination of employment or relationship, and possible legal proceedings, for consortium staff, contractors, volunteers or people working in the name of the One Love Sisters Ghana. The consortium will take action against anyone, whether they are the subject of a complaint or not, who seeks to or carries out retaliatory action (such as, but not limited to, harassment, intimidation, unfair disciplinary action or victimization) against complainants, survivors or other witnesses. Members who are found to do this will be subject to disciplinary action, up to and including termination of employment. Others who work with the consortium may have their relationship terminated. If a member of the consortium is found to have made an allegation that they knew to be false, they will be subject to disciplinary action, up to and including termination of employment. Others who work on behalf of the consortium will be subject to action that may result in the termination of their relationship with the consortium.
14.0. Appendix
i. SEAH Incident Report Form
Appendix A This form will be used to report any incident of SEAH Your Name* Position Place of Work Contact Number Details of Allegation or Suspicion stated Physical observations of the complainant Any evidence or proof of issue observed Date & time of Disclosure Date & time of Incident