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UNHCR’s Policy on Harassment, Sexual Harassment, and …

UNHCR s Policy on Harassment, Sexual Harassment, and Abuse of Authority UNHCR April 2005 UNHCR Policy on Harassment, Sexual Harassment, and Abuse of Authority CONTENTS I. 1 Policy STATEMENT .. 2 II. 3 Harassment .. 3 Sexual Harassment .. 3 Abuse of Authority .. 3 4 Staff Member .. 4 Non-Staff Personnel .. 4 Alleged Offender .. 4 Third Party .. 4 III. PREVENTION .. 4 Role of Staff Members and Non-Staff Personnel .. 4 Role of Managers and Supervisors .. 5 Role of UNHCR .. 6 IV. DISPUTE RESOLUTION PROCESS .. 6 Time Frame .. 7 V. THE INFORMAL PROCESS .. 7 Informal Options .. 7 Approaching the Alleged Offender.

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Transcription of UNHCR’s Policy on Harassment, Sexual Harassment, and …

1 UNHCR s Policy on Harassment, Sexual Harassment, and Abuse of Authority UNHCR April 2005 UNHCR Policy on Harassment, Sexual Harassment, and Abuse of Authority CONTENTS I. 1 Policy STATEMENT .. 2 II. 3 Harassment .. 3 Sexual Harassment .. 3 Abuse of Authority .. 3 4 Staff Member .. 4 Non-Staff Personnel .. 4 Alleged Offender .. 4 Third Party .. 4 III. PREVENTION .. 4 Role of Staff Members and Non-Staff Personnel .. 4 Role of Managers and Supervisors .. 5 Role of UNHCR .. 6 IV. DISPUTE RESOLUTION PROCESS .. 6 Time Frame .. 7 V. THE INFORMAL PROCESS .. 7 Informal Options .. 7 Approaching the Alleged Offender.

2 8 Involving a Third 8 Involving the Mediator .. 8 Moving from an Informal Process to a Formal Process .. 8 VI. THE FORMAL PROCESS .. 9 Filing a Complaint .. 9 The Fact Finding Process .. 9 Disciplinary Phase .. 11 12 Referral to Local Authorities .. 12 ANNEX A .. 13 13 ANNEX B .. 15 PROCEDURAL FLOWCHART FOR ADDRESSING CASES OF HARASSMENT, Sexual HARASSMENT, AND ABUSE OF AUTHORITY .. 15 UNHCR Policy on Harassment, Sexual Harassment, and Abuse of Authority -1-I. INTRODUCTION This Policy Framework on Harassment, Sexual Harassment and Abuse of Authority is the result of an inter-agency process of the United Nations Development Group (UNDG) Sub-Group on Harassment, formed in 2002, to review and update the existing Sexual harassment and harassment policies of its member organizations.

3 The UNDG has supported the commitment that all international organizations must have zero tolerance for harassment in the workplace, and will not tolerate conduct that can be construed as harassment, Sexual harassment or abuse of authority. Such behaviour or conduct is contrary to the spirit of the United Nations Charter, its Staff Rules and Regulations (Articles a and b and staff rule (d)) and to the Standards of Conduct for the International Civil Service. Staff or non-staff personnel responsible for such behaviour or conduct may be subject to appropriate administrative or disciplinary measures.

4 The Policy framework is intended to serve as a basis for UNDG member agencies to update their existing policies. As a member of the UNDG, UNHCR has therefore formulated an organizational Policy on harassment, Sexual harassment and abuse of authority, amplifying several provisions of the Code of Conduct, which was introduced in October 2002. UNHCR s Policy framework is particularly linked to Principle 4 (Contribute to building a harmonious workplace based on team spirit, mutual respect and understanding) and Principle 9 (Refrain from any form of harassment, discrimination, physical or verbal abuse, intimidation or favouritism in the workplace) of the Organization s Code of Conduct, and is intended to support the building of a positive, respectful and motivating environment.

5 UNHCR Policy on Harassment, Sexual Harassment, and Abuse of Authority -2- Policy STATEMENT Every staff member and non-staff member has a right to work in a harassment-free and respectful environment. UNHCR is committed to address inappropriate behaviour, including harassment, by or towards its employees. Employees responsible for conduct which can be construed as harassment, Sexual harassment or abuse of authority may be subject to appropriate administrative or disciplinary measures. Measures to deal with inappropriate behaviour (including harassment) will be based on the principles of fairness, impartiality, sensitivity and respect.

6 Everyone who works for UNHCR has a responsibility to sustain a respectful work environment by upholding the highest standards of conduct and applying necessary confidentiality measures. UNHCR will ensure that adequate resources are available to promote a positive work environment and to prevent inappropriate behaviour in the workplace. Staff members have the right to choose an informal or formal dispute resolution process. The Organization will provide appropriate mechanisms to prevent or deal with retaliation related to the reporting of allegations of harassment.

7 UNHCR Policy on Harassment, Sexual Harassment, and Abuse of Authority -3-II. DEFINITIONS For the purpose of this Policy , the following definitions will apply: Harassment 1. Any improper and unwelcome conduct that might reasonably be expected or be perceived to cause offence or humiliation to another. Harassment includes - but is not limited to - words, gestures or actions which tend to annoy, alarm, abuse, demean, intimidate, belittle or cause personal humiliation or embarrassment to another; or that cause an intimidating, hostile or offensive work environment. It includes harassment based on any grounds such as race, religion, colour, creed, ethnic origin, physical attributes, gender or Sexual orientation.

8 It can include a one-off incident or a series of incidents. Harassment may be deliberate, unsolicited and coercive. Harassment may also occur outside the workplace and/or outside working hours. Sexual Harassment1 2. Any unwelcome Sexual advance, request for Sexual favour, verbal or physical conduct or gesture of a Sexual nature, or any other behaviour of a Sexual nature that might reasonably be expected or be perceived to cause offence or humiliation to another. Sexual harassment may occur when it interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive environment.

9 It can include a one-off incident or a series of incidents. Sexual harassment may be deliberate, unsolicited and coercive. Both male and female colleagues can either be the victim or offender. Sexual harassment may also occur outside the workplace and/or outside working hours. Abuse of Authority 3. The improper use of a position of influence, power or authority by an individual against another colleague or group of colleagues. This is particularly serious when an individual misuses his/her influence, power or authority to negatively influence the career or employment conditions (including - but not limited to - appointment, assignment, contract renewal, performance evaluation or promotion) of another.

10 It can include a one-off incident or a series of incidents. Abuse of authority may also include misuse of power that creates a hostile or offensive work environment, which includes - but is not limited to - the use of intimidation, threats, blackmail or coercion. 1 This definition is an illustration and explanation of the existing ST/AI/379 which provides, for all UN Staff, the legally binding definition of Sexual harassment. UNHCR Policy on Harassment, Sexual Harassment, and Abuse of Authority -4-Retaliation 4. Threats or acts of retribution against an individual who raises concerns, makes claims or assists in providing information about harassment, Sexual harassment, or abuse of authority.


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