The Policy Statement
ILGA Asia is committed to providing a safe environment for all its employees, members, partners, contractors, and participants of our events, free from discrimination on any ground and from harassment at work including sexual harassment. ILGA Asia will operate a zero-tolerance policy for any form of sexual harassment in the workplace, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment. All complaints of sexual harassment will be taken seriously and treated with respect and confidence. No one will be victimized for making such a complaint.
Definition of sexual harassment
Sexual harassment is unwelcome conduct of a sexual nature that makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition in exchange for a favour/good/service, as well as situations that create an environment that is hostile, intimidating or humiliating for the recipient. Consensual sexual and intimate activity between two or more persons at the workplace, office premises, meetings, conferences, and events is also considered sexual harassment.
Sexual harassment can involve one or more incidents. Actions constituting harassment may be physical, verbal and non-verbal, or through cyberspace. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:
Physical conduct
Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching
Physical violence, including sexual assault
Physical contact, e.g. touching, pinching
The use of job-related threats or rewards to solicit sexual favors
Verbal conduct
Comments on a worker’s appearance, age, private life, etc.
Sexual comments, stories and jokes
Sexual advances
Repeated and unwanted social invitations for dates or physical intimacy
Insults based on the sex of the worker
Condescending or paternalistic remarks 2
Sending sexually explicit messages (by phone or by email)
Non-verbal conduct
Display of sexually explicit or suggestive material
Sexually-suggestive gestures
Whistling
Leering
Sharing unsolicited pornographic videos, images or content through digital devices
Sexual advances or references on social media
Anyone can be a victim of sexual harassment, regardless of their sex, gender, and sexuality, and of the sex, gender, and sexuality of the harasser. ILGA Asia recognizes that sexual harassment occurs between people regardless of their sex, gender, and sexuality. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.
ILGA Asia recognizes that sexual harassment is a manifestation of power relationships and often occurs within unequal relationships, for example between manager or supervisor and employee or between a board member and a staff member, or between the event organiser and a participant. Anyone, including employees of ILGA Asia, clients, customers, casual workers, contractors or visitors who sexually harasses another will be reprimanded in accordance with this internal policy.
All sexual harassment is prohibited whether it takes place within ILGA Asia premises or outside, including at social events, business trips, training sessions or conferences sponsored by ILGA Asia.
Complaints procedures
Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. ILGA Asia recognizes that sexual harassment may occur in unequal relationships (i.e. between a supervisor and his/her/their employee) and that it may not be possible for the victim to inform the alleged harasser.
If a victim cannot directly approach an alleged harasser, he/she/they can approach the Executive Director of ILGA Asia (director@ilgaasia.org). If the Executive Director is the person is concerned, they can approach one of the Co-chairs of ILGA Asia (cochairs@ilgaasia.org). When a complaint of sexual harassment is received, he/she/they will:
immediately record the dates, times and facts of the incident(s)
ascertain the views of the victim as to what outcome he/she/they want/s
ensure that the victim understands the organisation’s procedures for dealing with the complaint
discuss and agree on the next steps: either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome
keep a confidential record of all discussions
respect the choice of the victim
ensure that the victim knows that they can lodge the complaint outside of the organisation through the relevant country/legal framework
Throughout the complaint’s procedure, a victim is entitled to be helped by a counselor referred to by ILGA Asia and the host organization of the event where the incident took place. ILGA Asia will nominate a number of counselors and provide them with special training to enable them to assist victims of sexual harassment. ILGA Asia recognizes that because sexual harassment often occurs in unequal relationships within the workplace, office premises, meetings, conferences, and events, victims often feel that they cannot come forward. ILGA Asia understands the need to support victims in making complaints.
Informal complaints mechanism
If the victim wishes to deal with the matter informally, the designated person will:
give an opportunity to the alleged harasser to respond to the complaint
ensure that the alleged harasser understands the complaints mechanism
facilitate discussion between both parties to achieve an informal resolution that is acceptable to the complainant, or refer the matter to a designated mediator within the organisation to resolve the matter
ensure that a confidential record is kept of what happens to follow up after the outcome of the complaints mechanism to ensure that the behavior has stopped
ensure that the above is done speedily and within 5 days of the complaint being made
Formal complaints mechanism
If the victim wants to make a formal complaint or if the informal complaint mechanism has not led to a satisfactory outcome for the victim, the formal complaint mechanism should be used to resolve the matter.
The designated person who initially received the complaint will refer the matter to an internal or external investigator in accordance with this policy. If the case is between a staff member and a board member, the designated person must be an external investigator.
The person carrying out the investigation will:
interview the victim and the alleged harasser separately
interview other relevant third parties separately
decide whether or not the incident(s) of sexual harassment took place
produce a report detailing the investigations, findings and any recommendations
if the harassment took place, decide what the appropriate remedy for the victim is, in consultation with the victim (i.e.- an apology, a change to working arrangements, a promotion if the victim was demoted as a result of the harassment, training for the harasser, discipline, suspension, dismissal)
follow up to ensure that the recommendations are implemented, that the behavior has stopped and that the victim is satisfied with the outcome
if it cannot determine that the harassment took place, he/she may still make recommendations to ensure the proper functioning of the workplace
keep a record of all actions taken
ensure that all records concerning the matter are kept confidential
ensure that the process is done as quickly as possible and, in any event, within 10 days of the complaint being made
Outside complaints mechanisms
A person who has been subject to sexual harassment can also make a complaint outside of the organisation.
Sanctions and disciplinary measures
Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:
documented verbal or written warning
demotion
suspension
dismissal
reported to authority (depends on the country)
The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser.
Implementation of this policy
ILGA Asia will ensure that this policy is widely disseminated to all relevant persons, including all participants of meetings, training, events, and conferences organized by ILGA Asia, members, host organizations and partners. All new employees must be trained on the content of this policy as part of their induction into the organisation. Every year, ILGA Asia will require all employees to attend a refresher training course on the content of this policy. It is the responsibility of every manager to ensure that all his/her employees are aware of the policy.
This policy links to ILGA Asia Whistleblower Policy and will ensure feedback, transparency and learning which will strengthen ILGA Asia’s accountability as an organisation.
Monitoring and evaluation
ILGA Asia recognizes the importance of monitoring this sexual harassment policy and will ensure that it anonymously collects statistics and data as to how it is used and whether or not it is effective. Supervisors, managers and those responsible for dealing with sexual harassment cases will report on compliance with this policy, including the number of incidents, how they were dealt with, and any recommendations made. This will be done on a yearly basis. As a result of this report, the company will evaluate the effectiveness of this policy and make any changes needed.