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1 1 (January 24, 2020)

handle is hein.crs/govbhvt0001 and id is 1 raw text is: FF.ri E.$~ & January 24, 2020 The U.S. Agency for International Development's New Policies on Sexual Exploitation and Abuse by Aid Workers Some Members of Congress are concerned about protecting foreign aid recipients from sexual exploitation and abuse (SEA) by aid workers. In 2018, media reports alleged that Oxfam International (Oxfam), a regular U.S. implementing partner, covered up an investigation into SEA by seven of its workers in the aftermath of the 2010 Haiti earthquake. (Oxfam has since taken responsibility and reportedly put in place internal measures to address the issue.) These allegations, in addition to similar reports from other nongovernmental organizations (NGOs), sparked concern among some policymakers and the U.S. Agency for International Development (USAID) that incidents of SEA by aid workers could be a recurring problem in the delivery of humanitarian and development assistance, and that the United States could be inadvertently funding organizations that were facing this issue. Congressional interest to date has focused on the need for greater accountability and SEA prevention measures. Prior to 2018, USAID primarily monitored allegations of SEA by aid workers through reporting requirements outlined in the grants and cooperative agreements the agency awarded to implementing partners (IPs). IPs were required to disclose complaints of human trafficking and/or procurement of commercial sex by IP personnel to USAID and to its Office of Inspector General (OIG). The OIG is mandated to conduct oversight of USAID programs and pursue cases of waste, fraud, and abuse, per the authority granted by the Inspector General Act of 1978. IPs were also required to adhere to USAID's Counter-Trafficking in Persons Policy and Child Safeguarding Standards. IPs were encouraged, but not required, to report sexual misconduct not already covered by the aforementioned requirements. Following the Oxfam allegations, and in part because of its role in managing complaints about and potential investigations into SEA allegations, the OIG conducted an assessment of USAID's SEA-related reporting requirements. It identified weaknesses, including USAID's narrow definition of allegations that required reporting and the degree of discretion left to IPs to determine their credibility. New USA,. I ckD .nd A cvaies In March 2018, USAID Administrator Mark Green launched the Action Alliance for Preventing Sexual Misconduct (AAPSM), an intra-agency effort with two goals: prevent SEA in USAID programming, and prevent and address sexual misconduct in USAID's workplace. The agency aimed to focus its SEA work on three main tenets: * working globally to protect USAID's aid recipients and advance human dignity by preventing SEA; * elevating the voice of survivors of SEA by working to put their needs, rights, and well-being at the forefront of USAID's work on preventing SEA; and * reviewing and revising existing policies and procedures to strengthen accountability and compliance, in consultation with external partners and aid recipients. Select components of USAID's ongoing and planned work are described below. Although interagency coordination also plays a role, it is not the focus of this report. Review Draft Agency Policy. In September 2019, USAID issued a draft Protection from Sexual Exploitation and Abuse (PSEA) Policy. It includes a definition of SEA and objectives and principles that USAID staff would be expected to follow when overseeing USAID-funded programs. The draft policy also lists several elements USAID may add to its awards with IPs, which would build upon existing SEA-related provisions. In June 2018, USAID added to development awards some SEA-related provisions that had previously only been included in humanitarian awards. That change requires NGOs and contractors to ensure that employee codes of conduct are consistent with Section 3 of the U.N. Secretary General's Bulletin on Special Measures for Protection from SEA, which identifies many forms of SEA that may be grounds for disciplinary measures and eventual dismissal. USAID is in the process of finalizing the PSEA Policy and developing an IP toolkit and additional guidance for USAID field staff. Collaborate with Implementing Partners. USAID reports that it is collaborating with IPs to shape new SEA-related policies and procedures. In addition to releasing the draft PSEA Policy for public comment, the agency completed in- person consultations with IPs on the draft. In early 2020, USAID also plans to convene a workshop with its IPs (as well as other international aid donors) to address SEA- related issues, including how parties can help prevent the hiring of perpetrators of abuse within the aid community. Participate in International Fora and Standardize Policy. Other international aid donors with whom USAID regularly works mainly G7 countries and the European Union (EU) have also pursued new SEA policies since 2018. However, policies and procedures vary by country, which can lead to inconsistencies in awards and confusion among IPs. This is most pronounced in donor agreements with multilateral institutions (e.g., U.N. agencies or the World Bank), which are negotiated and established on a gognpo ' -p\qm ggmm g , q 'S a X 11LULANJILiN,

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