Chapter I — Introduction

• AMERTA REKSA KAYANA (ARK) does not tolerate exploitation and abuse.
• A R K is committed to child protection consistent with the principles of the UN Convention on the Rights of the Child (1989) and applicable Indonesian legislation on children’s rights (Law No. 23 of 2002 on Child Protection).
• A R K recognizes that children can be highly vulnerable, particularly children with disabilities and children in situations of poverty and/or humanitarian crisis or conflict.
• A R K recognizes that preventing the exploitation and abuse of children is a shared responsibility of adults, and that it is responsible for ensuring that risks to children are identified, mitigated, and managed.
• All children have an equal right to protection without discrimination, and are entitled to protection from all forms of violence, abuse, neglect, mistreatment, and exploitation, whether physical or mental, including sexual abuse.

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Chapter II — Purpose

A R K will protect the rights of the child, consistent with the UN Convention and applicable Indonesian legislation on children’s rights. A R K recognizes its duty to protect children involved in its programs and activities, and is committed to safeguarding children from all forms of violence and exploitation.

A R K will apply a risk management approach to minimize the likelihood of violence against children, and will provide clear, practical guidance for staff and representatives on responding to violence against children and managing complaints.

This Child Protection Policy is to be read as a component of the broader ethical framework and code of conduct of A R K.

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Chapter III — Policy

This Policy has been developed to:

• Promote and ensure that the protection and mainstreaming of the best interests of the child are understood and applied by every person within the organs of AMERTA REKSA KAYANA (ARK).
• Raise the awareness of every person within the organs of AMERTA REKSA KAYANA (ARK), who shall commit in writing to demonstrating compliance with the Child Protection Policy, so that it is understood and applied by every person within the organs of AMERTA REKSA KAYANA (ARK).
• Affirm AMERTA REKSA KAYANA (ARK)’s commitment to safeguarding children in all activities (for example, education, field visits, and volunteer activities), facilities, and workplaces. This includes enhanced safeguarding measures in child-focused activities.
• Require that, for any project or activity designated as involving ‘direct engagement with children’ (that is, activities in which direct contact is a routine part of the activity rather than incidental contact), a full child protection risk assessment must be carried out.
• Prohibit AMERTA REKSA KAYANA (ARK) staff from involving, directly or indirectly, any person who may pose a risk to children.
• Provide that the mechanism for reporting suspected or actual violations of children’s rights is set out in the complaint and reporting handling procedure.

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Chapter IV — Scope

This Policy applies to:

A R K personnel, comprising every member of the organization, contractors, sub-contractors, program participants (e.g., volunteers, trainers, group leaders, and facilitators), and other family members.

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ChapterV — Definitions

Child	Under Law No. 23 of 2003, a “child” is any person under the age of 18 (eighteen) years, including a child still in the womb. Under the United Nations Convention on the Rights of the Child, a “child” is a human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier. For the purposes of this Policy, AMERTA REKSA KAYANA (ARK) considers a “child” to be any person under the age of 18 years, including a child still in the womb.
Children’s Rights	The rights held by children as human beings, with particular emphasis on the right to protection and care, and the basic requirements for a child’s growth and development, which must be guaranteed and fulfilled by parents, family, the community, and the State.
Child Protection	All activities undertaken to guarantee and protect children and their rights so that they may live, grow, develop, and participate optimally in accordance with human dignity, and receive protection from violence and discrimination.
Violence Against Children	Any act against a child that results in physical or sexual suffering or harm, and/or neglect, or unlawful deprivation of liberty.
Child Sexual Exploitation	Any actual or attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes; this includes profiting financially, socially, or politically from the sexual exploitation of another person.
Child Pornography	Any representation, by any means, of a child engaged in real or simulated explicit sexual activity, or any representation of a child’s private body parts, where the dominant characteristic of the representation is for sexual purposes.
Child Sexual Abuse	Contact or interaction between a child and an older or more knowledgeable child, or an adult (whether a stranger, a sibling, or a person in a position of authority such as a parent or caregiver), where the child is used as an object for the sexual gratification of the older child or adult. Sexual abuse may be physical, verbal, or emotional.
Neglected Child	A child whose needs — physical, mental, spiritual, or social — are not reasonably met.
Risk Management	A system for managing risk and protection in addressing uncertainty relating to threats, including the development of strategies to mitigate risk, so as to reduce the likelihood of harm arising from risks that may occur and affect children.
Working with Children	Working in a role that involves regular or routine contact with children, whether by virtue of the job description or the circumstances of the workplace.

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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 of a child 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.

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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.

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Chapter VIII — 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.