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DEFINITIONS

What are the MSF definitions of abuse and inappropriate behavior? 

Forms of Abuses: 

A. Harassment or Bullying: 

Harassment or bullying means unwelcome and usually repeated behaviour that might reasonably be expected to cause offence to the affected person.

The terms harassment and bullying are often used in similar ways in the working environment and can have the same impact on the affected person. Another term that is also used similarly is ‘psychological harassment’.

Explanatory notes:

- Whether behaviour is considered unwelcome depends on the viewpoint of the affected person. Whether the behaviour could reasonably have been expected to cause offence is assessed based on MSF's values, principles and standards for a respectful working environment.

- Harassment or bullying usually implies a series of incidents or a pattern of behaviour.

- Harassment may take The form of words, gestures, visuals, actions or inactions.

- The term ‘offence’ has a broad meaning, which includes to annoy, alarm, intimidate, demean, belittle, or humiliate another.

B. Discrimination: 

Discrimination means any unfavourable treatment or arbitrary distinction based, in whole or in part, on a person or group’s actual or perceived race, sex, gender, gender identity, gender expression, sexual orientation, religion, nationality, ethnic origin, disability, age, language, social origin or other similar characteristics that contribute to a person or group’s identity.

Explanatory note:

- Exceptions may apply if there is a legitimate aim that can be objectively justified and the means of achieving that aim are appropriate and necessary.

C. SEAH: Sexual exploitation, abuse, and harassment: 

C.1. Sexual Exploitation 

Sexual Exploitation means using authority, influence or control over resources to pressure, coerce or manipulate a person to provide sexual favours in exchange for resources or the offer of resources. 

Explanatory note:

- It involves an abuse of vulnerability or power differential for sexual gain personally or for a third party. The authority, influence or control over resources can be actual or perceived.

C.2. Sexual Abuse 

Sexual Abuse means touching a person’s private body parts or having other sexual contact with a person, without that person’s consent or by force, threat of force, surprise, manipulation or under coercive conditions.

The Behaviour/Safeguarding Units manage cases in an administrative process. They therefore do not qualify incidents of non-consensual sexual intercourse as rape since this is a criminal determination that should be made by the appropriate national court. They will however recognize the outcome of a criminal case in which there is a finding of rape.

Explanatory note:

- When this definition refers to a person’s private body parts, it means The part of a person’s body kept covered in public. this includes, but is not limited to, bodily parts involved in reproduction.

- Local customs and norms will be taken into account when considering what constitutes private body parts in a particular context.

- Sexual abuse covers a broad range of unwanted sexual behaviour involving contact with private body parts. It can range from touching to physical assaults of a sexual nature.

C.3. Sexual Harassment 

Sexual Harassment is unwelcome and usually repeated behaviour of a sexually explicit or suggestive nature that might reasonably be expected to cause offence to the affected person.

Explanatory note:

- It covers verbal, non-verbal and written behaviour, as well as physical acts on nonprivate body parts.

- Whether behaviour is considered unwelcome depends on the viewpoint of the affected person. Whether the behaviour could reasonably have been expected to cause offence is assessed based on MSF's values, principles and standards for a respectful working environment.

- While sexual harassment usually involves a pattern of behaviour, it may also occur as a single incident.

- The term ‘offence’ has a broad meaning, which includes to annoy, alarm, intimidate, demean, belittle, or humiliate another.

D. Exploitation:

Exploitation means using authority, influence or control over resources to pressure, coerce or manipulate a person to do something in exchange for resources or offer of resources. 

Explanatory note:

- It involves an abuse of vulnerability or power differential for gain personally or for a third party. The authority, influence or control over resources can be actual or perceived.

E. Abuse of Power: 

Abuse of Power means improper use of a person’s power to the disadvantage of another person usually in a dependent or vulnerable role. 

Explanatory note:

- Behaviour is considered to be improper if a person uses the power attributed to them, whether actual or perceived, for purposes other than to fulfil their duties and responsibilities.

F. Aggression: 

Aggression means any act or threat of physical harm. 

G. Abuses related to the case management process: 

Forms: 

Retaliation is any deliberate negative action or omission taken against a person for making a report about possible abuse or cooperating in relation to such a report, in good faith. 

Interference in a case means any act or attempt to deliberately prevent, influence or disturb the case management process related to a report of possible abuse. 

False reporting means making a report or providing information about possible abuse that is deliberately false. 

Breach of confidentiality is when confidential information or data related to the case management process is shared with a third party in a manner not in line with MSF’s regulations or applicable laws. 

Inappropriate Behaviours: 

This means behaviours, which do not amount to the forms of abuses outlined above, but also are not in line with MSF’s behavioural standards and can negatively impact MSF’s stakeholders, working environment, reputation, or the continuity and security of operations. This includes, but is not limited to:

Inappropriate relationship: An intimate or romantic relationship between MSF employees or between an MSF employee and a person from the local community, which can negatively impact MSF’s stakeholders, working environment, reputation, or the continuity and security of operations. 

Inappropriate communication: Any spoken, written, or non-verbal language that is not respectful of others or their environment, even if it does not constitute an abuse. This includes using an aggressive, annoying or insulting tone. 

Inappropriate management: Behaviour of a person placed in a supervisory position, which negatively impacts the working environment such as employee wellbeing or team cohesion. 

Substance abuse: The use of alcohol or drugs by an MSF employee or representative in such a manner that it influences their behaviour or work and may affect the wellbeing or safety of MSF’s stakeholders and/or the interests and reputation of MSF.