Chapter I — General Provisions

Article 1  Purpose

This Policy is established to:

• Protect every individual who interacts with A R K, particularly beneficiaries, from all forms of violence, exploitation, abuse, and neglect.
• Prevent safeguarding violations by A R K personnel and third parties working on behalf of A R K.
• Provide a reporting, investigation, and case management mechanism that is timely, equitable, and victim-centered.
• Ensure A R K’s accountability to donors, partners, and communities.

Article2 Scope

This Policy applies to:

• All A R K personnel as defined in Article 18 of this Policy.
• Third parties (contractors, implementing partners, resource persons, etc.) working with A R K, through the inclusion of safeguarding clauses in cooperation agreements.
• A R K activities are conducted in the office, in the field, or online.

Article3 Guiding Principles

A R K adheres to the following principles:

• Best Interest of the Victim: Every decision and action must prioritize the safety, dignity, and well-being of actual or potential victims.
• Non-Discrimination: Protection is provided without distinction as to age, gender, disability, sexual orientation, religion, or social background.
• Prevention: A R K is committed to proactive prevention efforts, including training, awareness-raising, and systems strengthening.
• Accountability: A R K takes responsibility for the actions of its personnel and ensures that violations carry consequences.
• Participation: Beneficiaries, particularly children and persons with disabilities, are engaged in the design and evaluation of safeguarding mechanisms.

Article4 Special Protection for Vulnerable Groups

A R K provides enhanced protection for:

• Gender minority communities.
• Persons living with HIV.
• Children (any person under 18 years of age).
• Persons with disabilities (physical, mental, intellectual, sensory).
• Women at risk of gender-based violence.
• Elderly persons without family support.
• Remote indigenous communities vulnerable to exploitation.

---

Chapter II — Obligations and Prohibitions

Article5  Organizational Obligations

A R K, as an organization, is obligated to:

• Develop and disseminate this Policy to all ARK personnel and partners.
• Provide a safe, confidential, and accessible complaints channel (including for children and persons with disabilities).
• Conduct background checks — at a minimum, interviews and reference verification — for prospective staff working directly with children or vulnerable groups.
• Provide mandatory basic safeguarding training for all staff every two years.
• Allocate a budget for safeguarding responses (victim accompaniment, medical costs, etc.).

Article6  Obligations of A R K Personnel

All ARK personnel are required to:

• Report any known or suspected safeguarding violations.
• Refrain from any retaliatory action against reporters or victims.
• Maintain the confidentiality of the identities of victims and witnesses (unless required by law).
• Attend safeguarding training organized by ARK.
• Cultivate an environment that is safe and does not tolerate violence.

Article7 Absolute Prohibitions (Zero Tolerance)

ARK personnel are strictly prohibited from:

• Committing physical, psychological, or sexual violence against beneficiaries or colleagues.
• Engaging in sexual transactions with beneficiaries (regardless of age or local law).
• Photographing, recording, or distributing images of beneficiaries without written informed consent.
• Ignoring received reports of safeguarding violations.
• Placing children or vulnerable groups in at-risk situations (e.g., leaving them with staff who have not passed screening).

---

Chapter III — Prevention

Article8  Recruitment and Screening

• ARK will conduct background checks for positions involving direct contact with children or vulnerable groups.
• Prospective staff are required to sign a declaration that they have not been involved in safeguarding violations.
• ARK reserves the right to reject or dismiss prospective/current staff with a known record of safeguarding violations.

Article9 Training

• Safeguarding training is mandatory for all staff and volunteers within the first three months of employment, and repeated every two years.
• Training content must at a minimum cover: the definition of safeguarding, identifying signs of abuse, reporting mechanisms, and victim support.
• Staff deployed in the field with vulnerable groups shall receive additional training.

Article10  Code of Conduct for Interactions with Children

All ARK personnel interacting with children are required to:

• Never be alone (unsupervised) with a child in an enclosed space.
• Never share sleeping accommodation with a child (except in emergencies and with a supervisor’s knowledge).
• Never strike, physically punish, or verbally demean a child.
• Never photograph a child in minimal clothing or inappropriate poses.
• Report any injury or suspicious behavioral change observed in a child.

---

Chapter IV — Reporting and Case Management

Article11  Reporting Channels

Complaints regarding suspected safeguarding violations may be submitted through:

• Dedicated email: a r k.inklusi@gmail.com
• Physical complaints box at the office.
• Phone/WhatsApp to a designated number announced internally (managed by a dedicated officer).
• Directly to the Complaints Management Officer (CMO) appointed by the Executive Director.

Reporting may be done anonymously. Children and persons with disabilities have the right to be accompanied by a trusted adult when filing a report.

Article12 Case Management Principles

All safeguarding reports will be handled in accordance with the following principles:

• Confidentiality: Only parties with a legitimate role in the investigation may know the identity of the victim/reporter.
• Timeliness: Investigation commences no later than 48 hours after a report is received in urgent cases (active violence).
• Victim-Centered Approach: Victims shall not be blamed. Victims are entitled to psychosocial, medical, and legal support.
• Preventing Perpetrator Mobility: A R K will share information with partner organizations if a perpetrator resigns or is dismissed to prevent them from moving to another institution.

Article 13 Investigation

• The Investigation Team is formed on an ad hoc basis by the Executive Director, comprising a minimum of three persons (internal or independent external members).
• The Team must possess safeguarding investigation competencies and must have no conflicts of interest.
• Investigations shall be completed within a maximum of 14 working days for minor cases and 30 working days for complex cases.
• Investigation outcomes take the form of action recommendations submitted to the Executive Director.

Article 14  Sanctions

Sanctions for safeguarding violations:

• Minor (e.g., failure to report): verbal reprimand and refresher training.
• Moderate (e.g., photographing without consent, leaving a child unsupervised): Second Written Warning (SP2) and 1–2 weeks suspension (50% salary).
• Serious (violence, sexual harassment, exploitation): immediate termination without severance pay (unless required by law), and referral to law enforcement authorities.

Article 15  Victim Support

ARK is obligated to provide or facilitate access to the following services:

• Psychosocial: Counseling for victims and their families.
• Medical: Referral to healthcare facilities when necessary.
• Legal: Accompaniment if the victim wishes to file a police report.

Support costs are borne by A R K and shall not be charged to the victim.

---

Chapter V — Partnerships

Article 16 Safeguarding Clauses

All cooperation agreements with partners (other organizations, contractors, consultants) must include:

• A commitment by the partner to comply with A R K’s Safeguarding Policy or an equivalent safeguarding policy.
• A R K’s right to conduct safeguarding compliance audits.
• A R K’s right to terminate cooperation if the partner is found to have committed safeguarding violations.

Article 17 Cross-Organizational Reporting

If a suspected violation involves a partner’s staff or beneficiaries, A R K will coordinate with the partner to conduct a joint investigation or refer to an agreed-upon mechanism.

---

Chapter VI – Definitions

Article 18  Definition of A R K Personnel

ARK personnel” in this Policy refers to all parties with a formal or functional relationship with Yayasan Amerta Reksa Kayana, including:

• Foundation Board members (Founders, Executive Board, Supervisory Board).
• Permanent and contract staff (full-time and part-time).
• Interns and volunteers.
• Consultants and working partners executing tasks on behalf of ARK.
• Third parties officially representing ARK.

Violence: Any act or behavior that results in or has the potential to result in physical, psychological, or sexual harm, including coercion, deprivation of liberty, or neglect.

Physical Violence: Hitting, kicking, pushing, burning, or any other act that causes bodily harm.

Psychological Violence: Insulting, threatening, intimidating, ostracizing, or humiliating.

Sexual Violence: Any non-consensual sexual act, including rape, molestation, sexual advances, or sexual exploitation.

Exploitation: Abuse of a position of vulnerability, power imbalance, or trust for financial, social, or political gain, including sexual exploitation and labor exploitation.

Harassment: Unwanted behavior that is disturbing, degrading, or creates an uncomfortable environment, including sexual harassment (advances, inappropriate comments or touching) and non-sexual harassment (bullying, hate speech).

Neglect: Failure to provide adequate basic needs (food, water, clothing, shelter, healthcare, education, or care) for a person under ARK’s or its staff’s responsibility, whether intentional or due to negligence.

Article 19  Other Definitions

• Beneficiary: Any individual or community receiving services, programs, or support from ARK.
• Safeguarding: All prevention and response efforts against risks of violence, exploitation, harassment, and neglect, particularly toward children, persons with disabilities, women, and other vulnerable groups.
• Child: Any person under the age of 18.

---

Chapter VII – Review and Validity

Article 20  Review

This Policy shall be reviewed every two years or at any time in the event of a change in laws and regulations or a significant safeguarding incident.

Article 21 Validity

This Policy is effective from the date of enactment.

Established in: JAKARTA
Date: 1 January 2023.