Policy Number: A R K-POL-007/01/2023    |    Revision: 01    |    Effective Date: 1 January 2023.

Chapter I — Introduction

AMERTA REKSA KAYANA (A R K) does not tolerate any form of sexual misconduct, including sexual exploitation, abuse, and sexual harassment, in any activity connected with the organization’s operations.

We believe that every person is entitled to live free from sexual exploitation, abuse, and sexual harassment. Sexual exploitation, abuse, and sexual harassment violate human dignity and universally recognized international norms and legal standards, and are conduct that is never acceptable. A R K recognizes the need to prevent and respond effectively to sexual exploitation, abuse, and sexual harassment, and to protect all persons — particularly vulnerable individuals and victims — across all organizational activities. This protection is essential to strengthening integrity and accountability throughout the organs of AMERTA REKSA KAYANA (ARK).


    Chapter II Scope

    This Policy on Prevention of and Protection from Sexual Exploitation, Abuse, and Sexual Harassment establishes a zero-tolerance standard for A R K. It sets out clear obligations for individuals within A R K and its partners to prevent and respond to conduct addressed by this Policy.


      Chapter III  Purpose

      The purpose of this Policy is to provide a safe, respectful, and conducive environment for all members of A R K, free from any form of sexual exploitation, abuse, and sexual harassment.

      This Policy also establishes procedures for addressing incidents of sexual exploitation, abuse, and sexual harassment, and for informing staff of their contractual and moral responsibilities to protect children and vulnerable adults across all areas of A R K’s work.


        Chapter IV Policy Principles

        1. A R K will not tolerate any act of sexual exploitation, abuse, or sexual harassment.
        2. A R K and individuals within it shall not associate with any person who condones, encourages, participates in, or is otherwise involved in sexual exploitation, abuse, or sexual harassment.
        3. A R K will take all available measures to prevent, mitigate, investigate, and remedy sexual exploitation, abuse, and sexual harassment in activities connected with the organization’s operations.
        4. A R K will take all available measures to protect actual or suspected victims from retaliation or adverse action, direct or indirect, recommended, threatened, or taken against them, on account of an actual or alleged report of exploitation, abuse, or harassment.
        5. A R K will take steps to encourage relevant partners to adopt policies and procedures consistent with this Policy, with the aim of providing protection from exploitation, abuse, and harassment in every activity.
        6. A R K will apply sanctions, disciplinary measures, or other corrective action where this Policy is violated.
        7. A R K recognizes that the concepts of sexual exploitation, abuse, and harassment may not have a defined legal meaning in some jurisdictions. Nonetheless, we remain committed to ensuring that all members are provided with an environment free from sexual exploitation, abuse, and harassment.

        ChapterV Implementation and Oversight

        All alleged violations or inappropriate conduct will be investigated in a reasonable manner and in accordance with the policies and procedures of AMERTA REKSA KAYANA (ARK), which will make its best effort to prevent sexual exploitation, abuse, and harassment and to protect victims when concerns arise. To fulfil this commitment, AMERTA REKSA KAYANA (ARK) undertakes the following measures:

        • Maintain resources to provide appropriate emergency assistance and psychological support to victims and others affected by sexual exploitation, abuse, and harassment.
        • In accordance with applicable law and to the best of its ability, prevent the recruitment of perpetrators of sexual exploitation, abuse, and harassment by AMERTA REKSA KAYANA (ARK). This may include background checks and criminal record checks.
        • Investigate allegations of sexual exploitation, abuse, and harassment involving AMERTA REKSA KAYANA (ARK) staff in a timely and professional manner, and ensure due process to the best of AMERTA REKSA KAYANA (ARK)’s ability. Investigators are expected to act impartially with respect to the rights and dignity of the complainant, the victim, and the subject of the complaint. This includes the use of appropriate interview practices with complainants and witnesses, particularly children, and the engagement of professional investigators or investigative expertise as needed. AMERTA REKSA KAYANA (ARK) will act on investigation findings and ensure that lessons learned are used to improve policy and practice as needed.
        • Provide consistent training on the Policy on Prevention of and Protection from Sexual Exploitation, Abuse, and Sexual Harassment to all AMERTA REKSA KAYANA (ARK) staff.
        • Regularly review and update this Policy.

        Chapter VI — Reporting Complaints and Concerns

        Any concern regarding actual or possible sexual misconduct, or a violation of this Policy, must be reported promptly. A R K will respond to a complaint or allegation of sexual exploitation, abuse, or harassment even where it remains at the level of rumor. Corroborating evidence is not required to make a report. If an individual feels uncomfortable about something they have seen or heard that may indicate a violation of this Policy, that is sufficient basis to raise a complaint.

        Complainants must feel safe in filing a report, feel that they are heard, and that action is being taken. A R K is committed to encouraging and enabling all staff and beneficiaries to raise concerns formally and as promptly as possible, so that such concerns can be addressed in a timely manner. Staff and beneficiaries should feel confident and comfortable reporting any suspected abuse, exploitation, or sexual harassment — whether current or past.

        Accordingly, A R K will treat all concerns seriously and with sensitivity. Staff may report concerns anonymously if they do not wish to report directly. Complaints and concerns may be submitted through any of the following channels:

        • A R K staff may contact their manager.
        • Contact the A R K Senior Contact Point or another designated A R K Contact Point.
        • Contact the A R K Helpline. The Helpline is a third-party “whistleblower” service that allows individuals to report suspected cases of misconduct, either anonymously or by disclosing their identity. Anonymous reports will be treated with the same seriousness as reports made under a disclosed identity.

        Every A R K staff member is responsible for reporting suspected cases of sexual exploitation, abuse, and harassment by A R K staff or by partner organizations.

        Any person who knowingly submits a false report (raises a false concern) will be subject to disciplinary action to the extent permitted by applicable law.


          Chapter VII —Investigation

          Efforts will be made to protect the privacy of the complainant, the reporting party, and the subject of the complaint. While A R K cannot guarantee full confidentiality, information about a complaint and its investigation will be shared only with individuals who need to know it. Where the subject of a complaint is a member of leadership, a Contact Point, or an HR staff member of A R K, the Contact Point receiving the complaint will follow procedures to avoid involvement in the case by persons who may have a conflict of interest.

          During and after an investigation, any person aware of a report or complaint must respect the sensitivity of the matter and must protect the identity, privacy, and reputation of the alleged subject of the complaint, the complainant, the reporting party, the alleged victim, and witnesses. Individuals who fail to cooperate with an investigation, or who breach confidentiality requirements, will be subject to disciplinary action to the extent permitted by applicable law.

          A R K Contact Points and investigators will take all reasonable measures to protect the complainant, the alleged victim, the alleged subject of the complaint, the reporting party, and witnesses from retaliation, and to safeguard their safety throughout the investigation procedure.


            Chapter VIII — Definitions

            “A R K personnel” in this Policy refers to all parties with a formal or functional relationship with Yayasan Amerta Reksa Kayana, including Foundation Board members, permanent and contract staff, interns and volunteers, consultants and working partners, and third parties officially representing A R K.


            Chapter IX — Review And Validity

            This Policy shall be reviewed every year (or more frequently given the rapid pace of AI development) or at any time in the event of a significant shift in the AI landscape or applicable regulations.

            This Policy is effective from the date of enactment.

            Established in: JAKARTA
            Date: 1 January 2023.

            (Signature)


            Executive Director, A R K Foundation

            (Signature)


            Board Chairperson, A R K Foundation