Preventing Sexual Exploitation and Abuse in the Workplace
This content highlights the importance of preventing sexual exploitation and abuse within organizations. It covers definitions of sexual exploitation and abuse, core principles, and measures to raise awareness and protect individuals. The focus is on promoting a safe and respectful work environment with zero tolerance for misconduct.
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TO SERVE WITH PRIDE Zero Tolerance for Sexual Exploitation and Abuse by our own staff
Session Objectives o Raise awareness of the occurrence of sexual exploitation and abuse, the seriousness of the problem and what should be done to prevent and respond to it. o Explain the principles of the Secretary- General s Bulletin on Special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) (the SGB). o Highlight the impact of sexual exploitation and abuse and the importance of complying with the SGB s provisions.
Definition Sexual Exploitation Sexual exploitation means any actual or attempted abuse of a position of: (a) a position of vulnerability (b) differential power; or (c) trust for sexual purposes, including but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.
Definition Sexual Abuse Sexual Abuse means the actual or threatened physical intrusion of a sexual nature which can occur (a) by force; or (b) under unequal conditions; or (c) under coercive conditions.
Six Core Principles of the SGB 1. Sexual exploitation and abuse by staff and related personnel constitute acts of serious misconduct and are therefore grounds for disciplinary measures, including summary dismissal. 2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief in the age of the child is not a defense
Six Core Principles of the SGB 3. Exchange of money, employment, goods or services for sex, including sexual favors or other forms of humiliating, degrading, or exploitive behavior is prohibited. This includes any exchange of assistance that is due to beneficiaries.
Six Core Principles of the SGB 4. Sexual relationships between staff and beneficiaries of assistance, since they are based on inherently unequal power dynamics, undermine the credibility and integrity of the work of the United Nations and are strongly discouraged.
Six Core Principles of the SGB 5. Where a staff develops concerns or suspicions regarding sexual exploitation or abuse by a fellow worker, whether in the same org or not, he/she must report such concerns via established reporting mechanisms.
Six Core Principles of the SGB 6. Staff and related personnel are obliged to create and maintain an environment that prevents sexual exploitation and abuse. Managers at all levels have a particular responsibility to support and develop systems that maintain this environment.
Marriage o The SGB does not allow sexual relationships with persons under the age of 18 with a view to marriage or when a marriage has been promised.
REPORTING PROCEDURES Reports should be made to: Police RIB Local authorities
Summary of Key Messages Sexual exploitation and abuse are unacceptable and cause serious harm; The purpose of the SGB is to protect the vulnerable; and We each, individually, can play a role in addressing the problem, principally by taking the issue seriously and reporting suspicions or concerns.
Rwanda legal framework National Policy for Orphans and Other Vulnerable Children, Rwanda 2003 National Integrated Child Rights Policy, 2011 Rwandan Constitution of 2003 as amended to date. Law N 68/2018 of 30/08/2018 determining offences and penalties in general
Legal framework cont Law N 51/2018 of 13/08/2018 relating to the prevention, suppression and punishment of trafficking in persons and exploitation of others Law N 54/2011 of 14/12/2011 relating to the rights and the protection of the child
National Policy for Orphans and Other Vulnerable Children, Rwanda 2003 The policy recognizes that children abuses take a number of forms and range from sexual abuse and exploitation to exploitation through harmful labor. In all cases, children are deprived of fundamental rights with regard to their protection and their development.
National Integrated Child Rights Policy, 2011 Sexual abuse against children is intolerable. All forms of sexual abuse of children, including pornography and prostitution are prohibited and penalized by law. Any sexual offense against a child will be treated in accordance with laws related to rape of children and will be severely punished.
Rwandan Constitution of 2003 as amended to date. Article 13: Inviolability of a human being; A human being is sacred and inviolable. The State has an obligation to respect, protect and defend the human being.
Constitution Article 14: Right to physical and mental integrity Al 1; everyone has the right to physical and mental integrity. Al2; No one shall be subjected to torture or physical abuse, or cruel, inhuman or degrading treatment.
determining offences and penalties in general Article 133: Child defilement Any person who commits any of the sex related acts listed below on a child, commits an offence:
Cont Article 134: Rape A person who causes another person to perform any of the following acts without consent by use of force, threats, trickery or by use of authority over that person or who does so on grounds of vulnerability of the victim, commits an offence:
relating to the prevention, suppression and punishment of trafficking in persons and exploitation of others The law on human trafficking in its art 3, al 2 defines sexual exploitation as the obtaining of financial or other benefits through the involvement of another person in prostitution, sexual servitude or other kinds of sexual services, including pornographic acts or the production of pornographic
Cont. Art 24; Any person who, for the purpose of exploitation, commits any of the following acts commits the offence of sexual exploitation: 1 encourage, incite, mislead, manipulate or force a person to have sexual relations, or use any other means for the purpose of luring him/her into sexual relations;
Law N 54/2011 of 14/12/2011 relating to the rights and the protection of the child Article 28: Obligation to denounce violence and mistreatments against the child (among them is 1 any form of violence and mistreatment provided in art 27 of the same law)
Cont The law (art 28) reads The members of the family or any other person knowing that the child is a victim of violence or mistreatments shall have the obligation to denounce them to the authority in charge of placement or to the nearest organ of Rwanda National Police.
