Policy Objectives: To promote a policy of zero tolerance for sexual exploitation and abuse (SEA) among all employees and staff associated with the Independent Midwives Association and to ensure that the roles, responsibilities and standards of conduct in the field of SEA are known within the Independent Midwives Association. Creating and maintaining a safe environment, without SEA, by taking appropriate measures in this regard internally and in the communities in which the Independent Midwives Association operates, through solid prevention and response actions.
Target audience: All employees and associated staff of the Independent Midwives Association.
Date: 01.05.2022
Date of mandatory revision: 05.05.2023
1. Policy statement:
1.1. The SEA violates internationally recognized standards and legal norms and constitutes unacceptable and prohibited conduct among humanitarian personnel, including employees and associate staff of the Independent Midwives Association.[1]
The Independent Midwives Association has a zero-tolerance policy towards the SEA. All employees and associate staff of the Independent Midwives Association[2] must always adhere to the highest standards of personal and professional conduct and provide humanitarian assistance and services in a manner that respects and encourages the rights of beneficiaries and other vulnerable members of local communities.
2. AIM:
The policy provides an approach for Prevention and Response to SEA. The policy applies to all employees and associated staff, both on and off duty.
3. Definitions[3]:
For the purposes of this policy, the term "sexual exploitation" means any actual abuse or attempted abuse of a position of vulnerability, differential power, or trust, including, but not limited to, sexual, financial or political purposes.
3.2. Similarly, the term "sexual abuse" means actual physical intrusion or attempted intrusion of a sexual nature, by force or under unequal and coercive conditions.
4. PSEA commitment
4.1. The Independent Midwives Association will make every effort to create and maintain a safe environment without SEA, and will take appropriate action in this regard in the communities in which it operates, using a sound PSEA framework, including through prevention and response actions.
4.2. This PSEA framework reaffirms the commitment of the Independent Midwives Association to the UN Secretary-General's Bulletin on Special Measures for the Protection of Sexual Exploitation and Sexual Abuse (ST / SGB / 2003/13) and to the full and continuous implementation of the six SEA Fundamental Principles of the IASC.[4]
5. The six fundamental principles[5]:
5.1. 5.1. SEA committed by employees and associate staff of the Independent Midwives Association is an aggravating form of conduct and therefore serves as a ground for dismissal.[6].
5.2. Sexual intercourse with children (persons under the age of 18) is prohibited, regardless of the age of majority or consent in force at the local level. Forming a misconception about a child's age is no excuse.
5.3. Offering money, jobs, goods or services in exchange for sex, including sexual favors, or other forms of humiliating, degrading or exploitative behavior is prohibited. This includes making the provision of assistance due to the beneficiaries conditional.
5.4. Any sexual intercourse between employees or associate staff of the Independent Midwives Association and the beneficiaries of care or other vulnerable members of the local community, which involves improper use of the status or function, is prohibited. Such relationships undermine the credibility and integrity of humanitarian aid work.
5.5. If an employee or associate staff member of the Independent Midwives Association is concerned or suspects that a colleague is involved in sexual exploitation or abuse, then he or she should report such suspicions through existing reporting mechanisms.
5.6. All employees and associate staff of the Independent Midwives Association have an obligation to create and maintain an environment that prevents SEA and encourages the implementation of this policy. Managers at all levels have special responsibilities to support and develop systems that maintain this environment.
6. PSEA framework:
6.1. Prevention::
6.1.1. Verification: The Independent Midwives Association systematically verifies all potential candidates for a position in accordance with established selection procedures.
6.1.2. Training: The Independent Midwives Association conducts mandatory introductory and recapitulation[7] trainings on SEA policy and procedures for all employees and associated staff.
6.2. Answer::
6.2.1. Reporting: The Independent Midwives Association has secured, confidential and accessible SEA reporting mechanisms and procedures for staff, beneficiaries, and communities, including children, and ensures that beneficiaries are aware of them.
6.2.2. Investigation: The Independent Midwives Association has a process of investigating SEA allegations and will properly and without delay investigate SEA allegations against employees or associated staff, or contact the relevant investigative body if the alleged perpetrator works for another entity.
6.2.2.1. Referral to national authorities: If, after a proper investigation, there is evidence to support the allegations of SEA, the national authorities may be referred to initiate criminal proceedings.
6.2.3. Victim Assistance: The Independent Midwives Association has a system for prompt referral of SEA survivors to available services, as needed and with their approval.
6.3. Cooperation agreements:
6.3.1. All Independent Midwives Association contracts and partnership agreements include a standard clause requiring contractors, providers, consultants and sub-partners to adhere to a zero-tolerance policy towards the SEA and to take action to prevent and respond to the SEA.
6.3.2. If those entities or persons do not take measures to prevent the SEA, to investigate the allegations in this regard, or to remedy when the SEA has taken place, it will serve as a basis for the termination of all cooperation agreements.
Annex 2
PSEA Code of Conduct
General purpose
The purpose of this document is to define sexual exploitation and abuse as well as to establish employees' responsibilities for the prevention of sexual exploitation and abuse (SEA) and the protection of victims.
The staff and volunteers of the Association of Independent Midwives will respect the highest professional standards and will behave both during and outside of work, according to the standards of ethics and integrity in order to prevent SEA situations.
Zero tolerance for sexual abuse and exploitation
Independent Midwives Association
Founding members, board members, team members (employees or volunteers) and contractors are committed to a policy of zero tolerance for exploitation and abuse. In the event of any deviation from this policy, the organization reserves the right to exclude contractors and to terminate employment or volunteering contracts with such persons.
Principles and Standards
1) Acts of sexual exploitation and abuse committed by humanitarian workers constitute serious abuse of duty and therefore grounds for termination of employment.
2) Sexual acts with children (persons under the age of 18) are prohibited, regardless of the age of majority or consent in place locally. Forming a wrong opinion about the child's age is not an excuse.
3) Offering money, jobs, goods or services for sex, including sexual favours, or other forms of humiliating, degrading or exploitative behaviour is prohibited.This includes conditioning the provision of assistance due to beneficiaries.
4) Any sexual relationship between those providing humanitarian assistance and protection and a person receiving such assistance and protection that involves the improper use of rank or position is prohibited.Such relationships undermine the credibility and integrity of humanitarian aid work.
5) If an aid worker has suspicions of sexual exploitation or abuse of a colleague, they must report the suspicion through established reporting mechanisms.
6) Humanitarian workers are required to create and maintain an environment that prevents sexual exploitation and abuse and promotes the application of the PSEA code of conduct. Managers at all levels have important responsibilities for supporting and developing systems that maintain this environment.
Standard of Conduct
The Independent Midwives Association provides a secure work environment for all employees. Members of the organization, employees and volunteers are responsible for maintaining a safe and dignified workplace without sexual exploitation and abuse.
"Sexual exploitation” means any actual abuse or attempted abuse of a position of vulnerability, difference in power or trust, for sexual purposes, which includes, but is not limited to, pecuniary, social or political gain from the sexual exploitation of another person.
"Sexual abuse” is a real intrusion or threat of physical intrusion of a sexual nature, by force or under unequal and coercive conditions.
Sexual harassment is any form of verbal, nonverbal or physical conduct of a sexual nature, with the purpose or effect of violating a person's dignity, especially when creating an intimidating, hostile, degrading, humiliating or offensive environment: any form of verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating a person's dignity, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment:
The Independent Midwives Association prohibits any other types of sexual or sexual misconduct that may offend, injure the dignity, or give rise to feelings of insecurity among members, employees, volunteers or beneficiaries. Behaviors such as sexually explicit jokes, sexual allusions, access to sexually explicit websites, electronic exchange of such materials, any conduct or conduct that harms a person's insanity through sexual objectification are prohibited.
Obligation to Report
The organization provides all staff / volunteers with an anonymous channel for reporting suspicions or situations of sexual abuse and exploitation. This channel is the email address irina.mateescu@moasele.ro and the phone number +40722658054 (Irina Mateescu).
Such cases may be reported on condition of anonymity.
The organization has an internal process for verifying every report of sexual abuse and exploitation, and when necessary, the organization has a procedure for assisting and referring victims of sexual abuse and exploitation.
The organization shall also, in accordance with the law, notify the competent authorities of cases of abuse and exploitation.
Each employee / volunteer of the organization has the obligation to report suspicions or situations of abuse and sexual exploitation to which they are a witness, using the reporting channel within the organization.
Annex 3
Agreement of Consent
I, the undersigned ____________________________________have taken note of the provisions of this Code of Conduct on the Prevention of Sexual Abuse and Exploitation and Policies.
I also hereby declare, under mine own responsibility, that I was not involved in the past and in the present in any SEA incidents, and my previous behaviour and present one does not contradict these Policies and Code of Conduct.
Through the collaboration with the Association of Independent Midwives, I undertake to comply with these provisions in accordance with the policy of zero tolerance for abuse and sexual exploitation.
I understand that any violation of this policy may result in disciplinary action, including termination of contractual cooperation with the Association of Independent Midwives.
Signature Date:
__________
[1] Bulletin of the Secretary-General of the United Nations ST / SGB / 2003/13, 2003. https://undocs.org/en/ST/SGB/2003/13
[2] “Associated staff” includes, for example, subcontractors, consultants, trainees or volunteers associated or working on behalf of the Independent Midwives Association.
[3] Both definitions have been taken from the Bulletin of the Secretary-General of the United Nations ST / SGB / 2003/13, 2003. https://undocs.org/en/ST/SGB/2003/13
[4] The six fundamental principles of the IASC are available at: https://interagencystandingcommittee.org/inter-agency-standing-committee/iasc-six-core-principles-relating-sexual-exploitation-and-abuse.
[5] Modified for this PSEA policy. The list is not exhaustive.
[6] Including the termination of all other forms of contractual agreements, such as volunteering missions.
[7] The training shall include at least the following: 1) the definition of SEA (which corresponds to the UN definition); 2) the ban on committing SEA; 3) the actions to be taken by employees and associated staff (eg. rapid reporting of allegations and referral of survivors).
EN 
RO