MUFASHA CHILDCARE LIMITED ‣ Mufasha Uganda

CHILD PROTECTION POLICY AND PROCEDURES

MUFASHA CHILDCARE

CHILD PROTECTION POLICY AND PROCEDURES

1. INTRODUCTION

MUFASHA CHILDCARE is committed to solving poverty and inequality against Children through research, social policy, institutional strengthening, systems analysis, and partnerships. It places human dignity at the centre of its work. MUFASHA CHILDCARE, as a responsible organisation, recognises its duty of care to keep children safe and is committed to the wellbeing of children to ensure that they are treated with dignity and respect.

The need for this policy flows from a recognition that our work often puts MUFASHA CHILDCARE employees and stakeholders in positions of power in relation to the communities in which we operate. Communities trust that the people representing MUFASHA CHILDCARE will always conduct themselves in a professional manner and not engage in behaviour contrary to the safety or wellbeing of the children and adults with whom they come into contact.

MUFASHA CHILDCARE takes seriously the responsibility to promote child safe practices and protect children from harm, abuse, neglect, and exploitation in any form. We will take positive action to prevent child abusers becoming involved in MUFASHA CHILDCARE in any way and take strict measures against any MUFASHA CHILDCARE employee or stakeholder who abuses a child. Our decisions and actions in response to child protection concerns will be guided by the principle of ‘the best interests of the child’. Adherence to this policy is a mandatory requirement for all MUFASHA CHILDCARE employees and stakeholders.

MUFASHA Childcare’s Managing Director has overall responsibility for creating the managerial environment that enables and facilitates the implementation of all aspects of this policy. The Managing Director also holds overall responsibility for developing and implementing local procedures and is responsible for delegating responsibility to key posts including the Senior Management Team and Human Resources Department.

2. PURPOSE

This policy defines MUFASHA Childcare’s commitment to safeguard children from harm and sets out how MUFASHA CHILDCARE will actively prevent and respond to incidents of child exploitation and abuse. It aims to create an open and aware organisational culture that allows those affected by child exploitation and abuse to raise concerns and report incidents with the assurance their concerns will be handled sensitively and appropriately. This policy protects employees, partners, and other stakeholders of MUFASHA CHILDCARE by providing clear behaviour standards.

3. SCOPE OF THIS POLICY AND PROCEDURES

The policy and procedures guideline applies to all MUFASHA CHILDCARE stakeholders:

Employees at all levels, international or national, permanent, temporary full time, part time and/or short term
Contractors working with MUFASHA CHILDCARE on either a short- or long-term basis.
Sub-contractors
Consultants and advisors
Organisations and partner agencies with whom MUFASHA CHILDCARE has a formal working relationship.
Visitors (researchers, journalists, media etc.) who may meet children through MUFASHA CHILDCARE
Parents/guardians of children participating in MUFASHA CHILDCARE programs.

All MUFASHA CHILDCARE stakeholders must agree to the Child Protection Policy and sign the Code of Conduct prior to commencement of employment.

4. POLICY PRINCIPLES

Implementation of the Child Protection Policy and Procedures is underpinned by the following principles:

Principle 1

MUFASHA CHILDCARE upholds the rights articulated in the international and national conventions and recognises the best interests of the child.

MUFASHA CHILDCARE upholds the rights articulated in the International Bill of Human Rights and the

United Nations Convention on the Rights of the Child and promotes the right of children to be protected from all forms of violence including sexual exploitation and abuse. In all actions concerning children, the best interests of the child shall be a primary consideration.

Principle 2

Zero tolerance of child exploitation and abuse

MUFASHA CHILDCARE has a zero-tolerance approach to child exploitation and abuse. MUFASHA CHILDCARE will not knowingly engage, directly or indirectly, anyone who poses a risk to children and will work to minimise the risks of child exploitation and abuse associated with its functions and programs.

Principle 3

Child exploitation and abuse is an act of gross misconduct.

Child exploitation and abuse by MUFASHA CHILDCARE employees and stakeholders constitute acts of gross misconduct. Such acts are reportable, criminal offences and grounds for termination of employment and/or contract.

Principle 4

Inclusion and empowerment

Full consideration will be given to how decisions affect children, and as far as decisions made about children will be made with their participation. If our projects involve children, then these children will be encouraged to express their views and these views will be duly considered in accordance with the age and level of maturity of the child.

Principle 5

Open and accountable

MUFASHA CHILDCARE will operate in an open and transparent manner, creating an environment where child protection concerns can be raised and discussed, and inappropriate behaviour ‘called out’ and addressed. We will hold ourselves accountable for our commitment to protect children by regularly reviewing and strengthening our child protection measures.

Principle 6

Child protection risks and impact will be continuously assessed and managed.

While it is not possible to eliminate the risk of child exploitation and abuse, MUFASHA CHILDCARE will actively work to identify, mitigate, manage, or reduce the risks to children that may be associated with MUFASHA CHILDCARE functions and programs.

Principle 7

Procedural fairness

MUFASHA CHILDCARE will apply procedural fairness when making decisions that affect a person’s rights or interests. MUFASHA CHILDCARE employees and stakeholders are expected to adhere to this principle when responding to concerns or allegations of child exploitation and abuse.

5. CODE OF CONDUCT

This Child Protection Code of Conduct sets out how MUFASHA CHILDCARE employees and stakeholders should behave to protect children, prevent exploitation, and abuse, and prevent any other intentional or unintentional harm to the people MUFASHA CHILDCARE works amongst. This is not an exhaustive or exclusive list. The principle is that staff should conduct themselves in a manner consistent with their role as a representative of MUFASHA CHILDCARE and as a positive role model for children.

When working with children, MUFASHA CHILDCARE employees, partners, visitors, and associates must:

Create and maintain an environment that prevents sexual exploitation and abuse of children and promotes the implementation of this Code of Conduct.
Respect all children and treat them equally regardless of gender, race, religious or political beliefs, age, physical or mental health, sexual orientation, family and social background and cultural, economic status or criminal background.
Comply with all relevant Australian and overseas protection legislation, including labour laws in relation to child labour.
Avoid working alone with children and ensure wherever possible, two or more adults supervise all activities that involve children. Adults should always remain visible and present.
Ensure that all physical and online contact with children is appropriate in the local culture and law.
Seek informed consent from the child and their parent or guardian prior to taking photographs or videos of a child.
Use positive, non-violent methods to manage children’s behaviour.
Accept responsibility for personal behaviour and actions, including accountability for their response to a child’s behaviour.
Be aware of situations that may present a risk and actively manage these through forward planning and adequate organisation.
Listen to, and show respect for, the views of children encouraging them to share their opinions and concerns.
Ensure all interactions are safe, appropriate, child‐friendly, and sensitive to the child’s feelings. This includes ensuring that language is moderated and refraining from adult comments that may cause discomfort.
Encourage children to provide feedback on their experiences with MUFASHA CHILDCARE employees and partners.
Be vigilant for signs that a child may have been trafficked or is at risk of trafficking.
Familiarise themselves with reporting procedures and report any child protection concerns immediately in line with this Child Protection Policy and Procedures.
Regularly monitor the implementation of the policy and procedures.
Participate in child protection training and capacity building as provided by MUFASHA Childcare’s Human Resources Department.

When working with children, MUFASHA CHILDCARE employees, partners, visitors, and associates must never:

Abuse and/or exploit a child or behave in any way that places a child a risk of harm.
Act in ways intended to shame, humiliate, belittle, or degrade children, or otherwise perpetrate any form of emotional abuse, discriminate against, show differential treatment, or favour particular children to the exclusion of others.
Hit or otherwise physically assault, harm, or abuse children.
Fondle, hold, kiss, hug, or touch children in an inappropriate or culturally insensitive way.
Develop physical/sexual relationships with children, or involve children in any form of sexual activity, including paying for sexual services.
Develop relationships with children that could in any way be deemed exploitative or abusive.
Use language, make suggestions, or offer advice that is inappropriate, offensive, or abusive.
Behave verbally or physically in a manner that is inappropriate or sexually provocative.
Have a child with whom you are working stay overnight at personal accommodation.
Spend excessive or unnecessary time alone with a child, away from others or behind closed doors or in a secluded area or seek to contact any child outside of the program times.
Do things for a child of a personal nature that they can do for themselves, such as assistance with toileting or changing clothes.
Condone, or participate in, behaviour of a child that is illegal, unsafe, or abusive; ➢ Give or provide children with alcohol or illegal drugs.
Take or use photographs, videos, or other images of children for personal use or uses that are not directly work related. Further guidance on use of a child’s image is below.
Hire children in any form of child labour (including as “house help”).
Use any computer or other electronic device to view, download, distribute or create indecent or inappropriate images of children and pornography.
Allow allegations made by a child or concerns expressed by others about their welfare, to go unrecorded or not acted upon.

In addition to the above behaviour standards, when photographing or filming a child, or using children’s images for work-related purposes, MUFASHA CHILDCARE employees, partners, visitors, and associates must:

Obtain informed and documented consent of the child and his/her parents or guardian before photography/filming (a photography consent form is at Annex E to this policy). This includes giving a child and his/her parents or guardian the opportunity to decline to appear in the photograph/film.
Provide an explanation on how the photograph/film will be used.
Ensure photographs, films, videos, and DVDs present children in a dignified and respectful manner, and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive.
Ensure file labels, metadata or text descriptions do not reveal identifying information about a child when sending images electronically or publishing images in any form.
Take care to ensure the local traditions or restrictions for reproducing personal images are adhered to before photographing or filming a child.

MUFASHA CHILDCARE acknowledges that in the course of our work, representatives may encounter children engaged in labour activities that do not accord with the minimum age standards expressed in the International Labour Organisation’s Fundamental Principles on Rights at Work. MUFASHA CHILDCARE opposes such practices and prohibits the use of child labour within its own business and in that of its suppliers and contractors.

MUFASHA CHILDCARE implements Australian Department of Foreign Affairs and Trade (DFAT) funded programs and activities that involve ‘working with children.’ MUFASHA CHILDCARE meets all nine minimum standards of the DFAT Child Protection Policy (https://dfat.gov.au/aboutus/publications/Pages/child-protection-policy.aspx)

6. RISK IDENTIFICATION AND ASSESSMENT

MUFASHA CHILDCARE recognises that there are a number of potential risks to children in the delivery of our programs. Activities and programs that involve direct work with children are considered a higher risk, and therefore require more stringent child safeguarding procedures. Aside from our internal ethical review board clearance, research conducted with children will go through national ethical review board clearance.

All MUFASHA CHILDCARE employees and stakeholders undergo training in child protection. They are expected to be continually aware of potential risks to children as well as to be actively minimising opportunities and situations where children can be harmed.

7. PERSONNEL RECRUITMENT AND SELECTION

MUFASHA CHILDCARE is committee to child safe recruitment, selection, and screening practices. MUFASHA CHILDCARE will not knowingly engage – directly or indirectly – anyone who poses a risk to children. These practices aim to recruit the safest and most suitable people to work in our programs. MUFASHA Childcare’s child safe recruitment practices include:

All successful applicants will receive a copy of MUFASHA Childcare’s Child Protection Policy and Procedures.
Applicants will be required to submit a detailed application form when applying for a position. This form will ask for extensive information about the applicant’s background such as dates and places of employment, education, and other activities.
Job descriptions that describe key selection criteria and outline tasks and accountabilities are required for all positions (staff, volunteers, consultants etc).
Recruitment screening processes for all personnel working with children will include the additional screening measures of being asked behavioural-based interview questions.
A minimum of three verbal referee checks will be required for all preferred candidates in positions that have contact with children.
All staff will be required to provide proof of identify including birth certificates, passports, and relevant qualifications.
All positions will be subject to a probationary period depending on the length of the contract.
All MUFASHA Childcare’s employees and stakeholders will be required to read and acknowledge this Child Protection Policy and Procedures and sign the Code of Conduct.
MUFASHA CHILDCARE reserves the right to refuse employment or terminate any person’s employment that may pose a risk to children. Employment contracts will contain provisions for the prevention of a person working with children if they present an unacceptable risk to children.

8. EDUCATING STAFF AND STAKEHOLDERS ABOUT CHILD PROTECTION

MUFASHA CHILDCARE is committed to educating employees and stakeholders in child protection, prevention of abuse, how to reduce risks and create child safe environments. MUFASHA CHILDCARE will promote child safe practices that keep children safe in the organisation and in their own community and provide information about child protection to the children and communities in which we work.

9. RESPONDING TO AND REPORTING OF CHILD PROTECTION CONCERNS

It is mandatory for all MUFASHA CHILDCARE employees and stakeholders to report concerns or allegations of child abuse that relate to a child or participant involved with MUFASHA CHILDCARE programs. We will take all concerns and reports of child abuse seriously. We will investigate and act on these reports immediately, with the highest priority.

An allegation of child abuse is a grave issue. In following this policy, it is essential that all parties maintain confidentiality. Sharing of information, which could identify a child, an alleged perpetrator or the informant/reporter could put them at harm so should be done strictly on a ‘need to know’ basis.

If an employee raises a legitimate concern about suspected child abuse, which proves to be unfounded on investigation, no action will be taken against the employee. Any employee who makes false and malicious accusations, however, will face disciplinary action.

Who should report?

All MUFASHA CHILDCARE employees and stakeholders must report concerns or allegations of child abuse that relate to a child or participant involved with MUFASHA CHILDCARE programs. Children, parents, members of the community or partner organisations should also make a report if they hold concerns.

What should be reported?

Any disclosure, concern or allegation from a child, community member, employee or stakeholder regarding the safety, abuse or exploitation of a child should be reported. This includes actual, suspected, or risk of abuse or harm to a child.

Any observation of concerning behaviour exhibited by an MUFASHA CHILDCARE employee or stakeholder that breaches the MUFASHA CHILDCARE Code of Conduct should also be reported.

If MUFASHA CHILDCARE employee/s witness any form of child abuse during a visit to another partner or contractor they have a duty to report this to the relevant local authorities, and to the police if a crime has been committed.

When to report?

Child abuse concerns should be reported immediately.

Who to report to?

For incidents reported to, or suspected by, an MUFASHA CHILDCARE employee, it is the responsibility of the staff member to notify their line manager immediately. If an MUFASHA CHILDCARE employee suspects their line manager, or member of the Senior Management Team, of inappropriate conduct they should report it directly to the MUFASHA CHILDCARE Managing Director or the Human Resources Department. MUFASHA CHILDCARE employees are not to act or make decisions on a course of action independently.

Any line manager informed of such a concern must inform a member of the Senior Management Team immediately. Line managers are not to act or make decisions on a course of action independently.

A Senior Manager must report concerns to the MUFASHA CHILDCARE Managing Director and their most trusted Human Resources Department personnel as soon as possible.

Concerned community members or partners can report directly to the Managing Director of MUFASHA CHILDCARE or to the Human Resources Department. Either reporting line is mandated to act appropriately in accordance with this policy.

All reports should be made to info@mufashauganda.org, or evembabazi@mufashauganda.org and the managing director will lodge the report with the appropriate client body (For example, if funded by the Australian government then childwelfare@dfat.gov.au will be sent the report, If UNICEF Uganda, then UNICEF Uganda official information email will be sent the report). Those who report are welcome to check with MUFASHA Childcare’s client that the report has been lodged.

How should it be reported?

Reports should be made verbally and by completing the MUFASHA CHILDCARE Incident Reporting Template (Annex D).

What will happen next?

The Managing Director and/or the delegated Senior Manager and/or Human Resources Department will discuss the allegations and then decide upon next steps. This may involve one or more of the following:

Interviewing the person/persons who made the allegation and/or other witnesses to gather more information with which to decide about the allegation.
Reporting to local police and/or child protection authority when it is suspected that a crime has been committed.
Reporting to the Australian Federal Police if it is suspected that a crime involving child sex tourism, child sex trafficking and/or child pornography has been committed.
Reporting to the Conduct and Ethics Section (CEU) within the Australian Department of Foreign Affairs and Trade if required.
Handling the concern internally if it not a criminal matter.
No further action taken.
Providing support to all stakeholders (including reporter) as necessary.

The Managing Director and/or the delegated Senior Manager and/or Human Resources Department are responsible for recording incidents, concerns and referrals and storing these securely, so that information remains confidential. Such files will be retained in a file separate from other files. The Managing Director is responsible for delegating responsibility for these tasks to a Senior Manager or to the Human Resources Department on a case-by case basis.

Disciplinary Action

MUFASHA CHILDCARE will take disciplinary action against any employee or stakeholder found to have failed to report a child protection concern, intentionally made a false allegation, or made a serious breach of the Child Protection Policy and Procedures and/or Code of Conduct.

Responding to disclosure by a child

MUFASHA CHILDCARE is committed to maintaining a child-friendly complaints handling process. This includes taking any disclosure of abuse seriously and educating employees and stakeholders in how to respond appropriately to disclosures of abuse by a child.

10. LOCAL LEGISLATION

Most countries in which MUFASHA CHILDCARE works have legislation relating to child exploitation and abuse. When working in any country, MUFASHA CHILDCARE employees and other partners and/or stakeholders implementing its activities are required to abide by local legislation, including labour laws about child labour. In the case of Ethiopia for instance, the Constitution of the Federal Democratic Republic of Ethiopia (article 36), the revised Family Code of Ethiopia (Articles 194/2, 266/2) are relevant local legislation.

11. POLICY REVIEW

MUFASHA CHILDCARE will review its Child Protection Policy and Procedures every three years. The Managing Director (or delegate) will manage the review and staff will be consulted in the process.

12. REFERENCES

The policy was developed after reading:

Australian Government: Department of Foreign Affairs Child Protection Policy
United Nations Convention on the Rights of the Child
Child Protection Policy and Procedure: Link Community Development International
The International Bill of Human Rights
The African Charter on the Rights and Welfare of the Child
The Constitution of the Federal Democratic Republic of Ethiopia
The revised Family Code of Ethiopia
Australian Council for International Development (ACFID) Guidelines for the Development of a Child Safeguarding Policy, ACFID code of conduct.

13. ANNEXES

Definition of terms

CHILD: a “child” is defined as anyone under the age of 18.

CHILD ABUSE: “Child abuse” or “maltreatment” constitutes ‘all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility & trust or power.’

CHILD PROTECTION: Child Protection refers to the set of policies, procedures, and practices that we employ to ensure that MUFASHA CHILDCARE is a child safe organisation in which the children we work with are safe and that we respond appropriately to individual cases of abuse and exploitation (either internal or external to the Company) when they occur. It is to protect children from both intentional and unintentional harm. It helps to create a safe and positive environment for children and to show that the organisation is taking its duty and responsibility of care seriously.

CHILD PARTICIPATION: Anyone below the age of 18 taking part in a process or playing a role in a process at his/her level, according to their evolving capacities, children and young people thinking for themselves, expressing their views effectively, and interacting in a positive way with other people; involving children in the decisions which affect their lives, the lives of the larger society in which they live.

CHILD PORNOGRAPHY: any representation by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.

DIRECT CONTACT WITH CHILDREN: being in the physical presence of a child or children in the context of MUFASHA Childcare’s work, whether contact is occasional or regular, short, or long term.

INDIRECT CONTACT WITH CHILDREN: having access to information on children in the context of MUFASHA Childcare’s work, such as children’s names, locations (addresses of individuals or projects), photographs and case studies.

INFORMED CONSENT: capacity to freely give consent based on all available information, according to the age and evolving capacities of the child.

SEXUAL EXPLOITATION: means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially, or politically from sexual exploitation or another.

b. Code of Conduct Declaration

MUFASHA CHILDCARE has developed this Code of Conduct to protect and safeguard children, MUFASHA CHILDCARE employees and stakeholders by providing clear behavioural guidelines and expectations. All MUFASHA CHILDCARE employees and stakeholders, while carrying out their work, must adhere to the following principles.

As an employee or stakeholder of MUFASHA CHILDCARE, I will:

Create and maintain an environment that prevents sexual exploitation and abuse of children and promotes the implementation of this Code of Conduct.
Respect all children and treat them equally regardless of gender, race, religious or political beliefs, age, physical or mental health, sexual orientation, family and social background and cultural, economic status or criminal background.
Comply with all relevant Australian and overseas protection legislation, including labour laws in relation to child labour.
Avoid working alone with children and ensure wherever possible, two or more adults supervise all activities that involve children. Adults should always remain visible and present.
Ensure that all physical and online contact with children is appropriate in the local culture.
Seek informed consent from the child and their parent or guardian prior to taking photographs or videos of a child.
Use positive, non-violent methods to manage children’s behaviour.
Accept responsibility for personal behaviour and actions, including accountability for their response to a child’s behaviour.
Be aware of situations that may present a risk and actively manage these through forward planning and adequate organisation.
Listen to, and show respect for, the views of children encouraging them to share their opinions and concerns.
Ensure all interactions are safe, appropriate, child‐friendly, and sensitive to the child’s feelings. This includes ensuring that language is moderated and refraining from adult comments that may cause discomfort.

Encourage children to provide feedback on their experiences with MUFASHA CHILDCARE employees and partners.

Be vigilant for signs that a child may have been trafficked or is at risk of trafficking. Familiarise themselves with reporting procedures and report any child protection concerns immediately in line with this Child Protection Policy.

Regularly monitor the implementation of the policy and procedures.
Periodically participate in child protection training and capacity building as provided by MUFASHA Childcare’s Human Resources Department.

I will not:

Abuse and/or exploit a child or behave in any way that places a child a risk of harm.
Act in ways intended to shame, humiliate, belittle, or degrade children, or otherwise perpetrate any form of emotional abuse, discriminate against, show differential treatment, or favour particular children to the exclusion of others.
Hit or otherwise physically assault, harm, or abuse children.
Fondle, hold, kiss, hug, or touch children in an inappropriate or culturally insensitive way.
Develop physical/sexual relationships with children, or involve children in any form of sexual activity, including paying for sexual services.
Develop relationships with children that could in any way be deemed exploitative or abusive.
Use language, make suggestions, or offer advice that is inappropriate, offensive, or abusive.
Behave verbally or physically in a manner that is inappropriate or sexually provocative.
Have a child, with whom I am working, stay overnight at personal accommodation.
Spend excessive or unnecessary time alone with a child, away from others or behind closed doors or in a secluded area or seek to contact any child outside of the program times.
Do things for a child of a personal nature that they can do for themselves, such as assistance with toileting or changing clothes.

Condone, or participate in, behaviour of a child that is illegal, unsafe, or abusive.

Give or provide children with alcohol or illegal drugs.

Take or use photographs, videos, or other images of children for personal use or uses that are not directly work related.

Hire children in any form of child labour (including as “house help”).
Use any computer or other electronic device to view, download, distribute or create indecent or inappropriate images of children and pornography.
Allow allegations made by a child or concerns expressed by others about their welfare, to go unrecorded or not acted upon.

In addition to the above behaviour standards, when photographing or filming a child, or using children’s images for work-related purposes I will:

Obtain informed and documented consent of the child and his/her parents or guardian before photography/filming. This includes giving a child and his/her parents or guardian the opportunity to decline to appear in the photograph/film.
Provide an explanation on how the photograph/film will be used.
Ensure photographs, films, videos, and DVDs present children in a dignified and respectful manner, and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive.
Ensure file labels, metadata or text descriptions do not reveal identifying information about a child when sending images electronically or publishing images in any form.
Take care to ensure the local traditions or restrictions for reproducing personal images are adhered to before photographing or filming a child.