This Policy on Prevention of Sexual Exploitation and Violence (“Policy”) establishes the basis upon which ICT Watch Indonesia (“we”) has the responsibility to ensure that all of our internal structural teams as well as external partners have an understanding and joint efforts to prevent acts of sexual violence. , non-consensual or based on unequal power relations. It aims to create a sense of security for everyone. This policy is also a procedural step in handling cases of sexual violence if it occurs in the ICT Watch work environment.
This policy was made with reference to the rule of law in Indonesia, namely the 1945 Constitution (UUD) Article 27 paragraph (2) and Article 28I paragraph (2), Law No. 40 of 2008 concerning the Elimination of Discrimination, Law No. 35 of 2014 concerning Child Protection and Law No. 12 of 2022 concerning Crimes of Sexual Violence. In addition, this guide also follows the standard UN Protocol on Allegations of Sexual Exploitation and Abuse Involving Implementing Partners.
This policy applies to "Related Parties" namely: ICT Watch Supervisors / Coaches / Steering / Advisers, ICT Watch Daily Managers, ICT Watch Volunteers and other parties who work together, collaborate and/or partner in ICT Watch programs and/or activities, with an approach "no tolerance" (zero tolerance approach).
A. POLICY PRINCIPLES
- Discrimination Free
We are committed to ensuring that related parties get an environment and space that is free from discrimination, bullying and sexual harassment in our activities. We have a zero tolerance approach (zero tolerance approach) in dealing with incidents related to sexual violence, regardless of the context.
- Rights of Victims/Survivors
This guide uses an approach that prioritizes the rights, needs and demands of victims and survivors, and ensures that cases are handled proportionally and procedurally for all parties, while ensuring confidentiality and privacy.
- Other Party Reports
Others are aware of it reportable behavior it is highly desirable to make a report through the reporting channel, and state the identity of the victim or survivor if the individual gives permission.
B. REPORTABLE BEHAVIOR
The Sexual Violence Behavior that can be reported is:
- Sexual Harassment (Physical and Non-Physical)
A person may be determined to have committed sexual harassment if he makes unwanted (non-consensual) sexual advances or requests, or performs other unwanted actions of a sexual nature, both physically and non-physically, so that the victim can feel offended, insulted, harassed or intimidated.
- Sexual Exploitation
Sexual exploitation is defined as an act or attempt to misuse a position, power, authority or belief that is unequal or unequal, for sexual purposes. This includes related interests/motives for economic, social or political rewards from sexual exploitation of others.
- Sexual Abuse
Sexual torture is a threat or act of violence, coercion or sexual conditioning that causes physical harm in a non-consensual way. The form is as regulated in Law No. 12 of 2022 concerning Crimes of Sexual Violence.
- Electronic Based Sexual Violence
Electronic-based sexual violence is: Recording and/or taking sexually charged pictures or screenshots against the will or consent of the person who is the object of the recording or pictures or screenshots, transmitting electronic information and/or electronic documents with sexual content against the will of the recipient aimed at sexual desires, and/or stalking and or tracking using electronic systems against people who are objects in electronic information or documents for sexual purposes.
- Underage Sexual Acts
All types and forms of sexual activity with individuals or groups of children (under the age of 18) is an act of sexual violence. This age limit refers to Law No. 35 of 2014 concerning Child Protection.
C. REPORTING & HANDLING
- Reporting Mechanism
We encourage anyone who believes or sees that Reportable Behavior has occurred and was carried out by Related Parties as follows:
- Reporting via email report-peks [at] ictwatch.id and can be copied to one or several ICT Watch administrators/supervisors
- Reporting can also be done through an online form http://s.id/lapor-peks
- Reporting can be done anonymously or by attaching a real identity with the obligation to include a contact to be contacted for reporting verification
- Each reporter will be guaranteed security and confidentiality
- Handling Mechanism
To follow up on reports, ICT Watch will form a Report Handling Team (TPL) which is not involved and does not have a conflict of interest with the reported case, a maximum of 1 (one) week after the report is made.
The TPL members are:
- One (1) ICT Watch Supervisor representative
- One (1) ICT Watch Management representative
- Two (2) representatives of Competent and Reputable External Parties/Institutions
TPL's working period is a maximum of three (3) months with a case study report at least once every 1 (one) month. Victims and survivors will be provided with comprehensive, transparent and accountable information regarding the process and status of reporting and resolution of the incident. Victims and survivors can be involved in the decision making process.
- TPL Functions and Duties
- Setting up a secure communication channel while maintaining privacy to communicate with Victims/Reporting Parties, Additional Reporting Parties or Reported Parties, for verification or investigation.
- Prepare recommendations for resolving cases in a professional, proportionate manner and focus on security, privacy, safety, and recovery of the victim's condition.
- Provide the results of recommendations to the ICT Watch Supervisory Board and Management to then decide on Sanctions according to these Guidelines.
D. SANCTION MEASURES
The perpetrator of the violation behavior must accept the final decision determined by the Supervisory Board and Management of ICT Watch based on TPL's consideration and input. The sanctions are divided into three (3) categories, namely:
- Lightweight category
Violators will be given a consequence in the form of a written warning letter or SP1. If at a later time this SP1 is not heeded, then the offender will be given a severe category sanction, namely being removed from the scope of work/partnership of ICT Watch.
- Moderate Category
Violators will be given the consequence of being temporarily disabled in ICT Watch activities for a minimum of six (6) months and can be reactivated through a letter from the ICT Watch Supervisory Board and Management. If at a later time this SP1 is not heeded, then the offender will be given a severe category sanction, namely being removed from the scope of work/partnership of ICT Watch.
- Weight Category
The perpetrators of violations will be given consequences in the form of being removed from the ICT Watch scope of work/partnership.
E. REMEDY MEASURES
Due to the existence of a report followed by a process of verification, investigation, preparation of recommendations and making a final decision, a number of other consequences accompanying it are as follows:
- ICT Watch will provide full support if the Victim demands an apology from the Victim and/or wants to forward the reported case to the realm of law/court.
- The victim's losses, both material and immaterial as a result of the reported case, are entirely the responsibility of the perpetrator.
- ICT Watch will recover the victim's good name, position/title and other rights directly affected by the reported case.
- Within certain limits, ICT Watch can provide support for the handling/recovery of physical and psychological health to Victims in accordance with applicable labor regulations/laws.
- If this case report turns out to be baseless or cannot be proven true after going through a verification and investigation process by TPL, the Reporting Party is obliged to immediately withdraw the report, apologize to the party being reported and restore the good name of the related party by deliberation to reach a consensus.
E. HR MANAGEMENT
- In recruiting human resources (HR) ICT Watch will ensure a background check on the candidate regarding behavior that is contrary to these guidelines and ask him to provide a written statement that he has never been involved in a case or sanction regarding sexual violence before. ICT Watch implements "zero tolerance" (zero tolerance approach) on HR candidates regarding the practice of sexual violence that had been committed.
- Every ICT Watch HR is gradually and continuously required to attend training (online and onsite) on the Prevention of Sexual Violence, including the obligation to take preventive action as stipulated in this guideline. As for the fundamental training material, it will be based on UN standards as referred to in e-courses Prevention of Sexual Exploitation and Abuse (PSEA).
F. SUPPORT SERVICES
For reports or further discussion, please contact the Sexual Assault Prevention Officer (Sexual Violence Prevention Officer) us, namely:
- Name : Widuri
- E-mail : firstname.lastname@example.org
- Online form http://s.id/lapor-peks
- Address : Jl. Tebet Timur Dalam Raya 1C no.4, Jakarta 12810, Indonesia
To provide support to survivors or victims of sexual violence, ICT Watch will work with other institutions that have related knowledge and competence.
Effective Date : 01/06/2022
Last updated: 16/06/2022