19TH SESSION OF THE ASSEMBLY OF STATES PARTIES
8 December 2020
Name of the Side Event: Addressing Sexual Harassment in International Organizations – Best Practices from Human Rights Organizations for the ICC Elections (co-hosted by Austria, the Netherlands, Open Society Justice Initiative (OSJI), and Women Initiatives for Gender Justice (WIGJ))
Report by: Rachel Grand, Research Associate PILPG
Main Highlights:
In the past few years, greater attention has been brought to the need to address sexual violence and harassment in the workplace at international organizations, including at the ICC.
Panelists underlined that protocols should be in place to address sexual violence and harassment in the workplace, as well as a code of misconduct explicitly designed for international organizations.
A cultural shift away from normalizing sexual violence and harassment in the workplace requires comprehensive vetting of leadership and a commitment at all levels of the organization, particularly among those in positions of power.
Summary of the Event:
After introducing the panelists, Ms. Alix Vuillemin (WIGJ) kicked off the event by highlighting the topic's relevance in light of this ASP’s election of a Prosecutor as well as six new judges.
Ms. Macarena Saez, Faculty Director for the Center for Human Rights and Humanitarian Law at American University, presented findings from a 60-page report compiled over five months on gender and sexual-based violence within international organizations, specifically referring to applicable laws and best practices to establish guidelines for international organizations when addressing sexual violence and harassment. The report did not aim to create a model code of conduct or protocol, as each institution requires its own institutional diagnosis to understand the factors that contribute to the specific organization's culture. The diagnosis should be based on interviews, surveys, assessment of risk factors, and a complete analysis of policies and procedures within the organization to see how they contribute to sexual harassment or prevent people from coming forward. Ms. Saez noted that a comprehensive code of conduct that binds all people by the principle of equality and non-discrimination is necessary to change the institutional culture.
The report concludes that the two most important instruments for an international organization are: 1) a code of conduct and 2) a protocol to receive and investigate allegations of sexual harassment, both following the principle of non-discrimination, victim-centered, and accessibility. Additionally, the suggested best practices should have a broad scope of those who are protected from violence and harassment and bound by the code of conduct (consisting of those affiliated with the organization and external audiences). The protocol does not need to have a legal standard but should rather focus on ensuring reparations for those who have suffered and on creating a change in the organization's environment rather than remaining a private event. Another way to generate a cultural shift is regular mandatory training; however, these are only effective if they are designed with situations that arise within the particular organization in mind. Ms. Saez noted that those in positions of high authority within the organization should commit to creating a culture free of sexual violence and harassment. Along those same lines, there should be a commitment to gender parity at all levels and transparent hiring processes to foster an environment free of sexual harassment further.
Ms. Saez further underlined the importance of having a specific office or person in charge of claims of sexual violence or harassment who ensures confidentiality, an easiness to submit claims, a broad timeframe to submit a claim (at least three years), and who gathers evidence. The (at minimum) three stages in the reporting process – advice, investigation and evidence gathering, and determination of sanctions and reparations - should involve different people.
In the Q&A part of the event, Ms. Saez emphasized that leaders must convey a commitment to creating a cultural shift away from normalizing sexual violence and harassment within international organizations, for instance expressed in messaging on the website and in contracts.
Ms. Kelsey Froehlich, a partner at the Mintz Group, spoke next on vetting and background check processes. This information was particularly timely given civil society organizations' recommendation for a comprehensive vetting of candidates for the next ICC Prosecutor. Ms. Froehlich highlighted the importance of background checks to weed out potential bad actors before the process of onboarding a key hire or appointment. Specifically, she discussed the appropriate level of vetting for an appointment for a position of moral authority, including three levels of background checks: (1) basic criminal background checks; (2) further study into civil litigations, detailed press, and social media research to identify potential patterns; (3) more thorough examination on online forums where bad actors within an industry may be discussed and interviewing references and non-references, such as individuals the person has managed).
Ms. Froehlich concluded by highlighting the elevated consciousness of sexual violence and harassment in recent years that has brought more allegations to light, which can be discovered through a comprehensive vetting process for those appointed to serve in leadership positions.
Lastly, Ms. Ruth Frolich, President of the ICC Staff Union, highlighted that while the ICC has taken steps in recent years to reduce workplace misconduct, concerns remain. She noted that this is due to the complexity of addressing the issue, as well as how deeply embedded it is in many international organizations' cultures. Similar to the other speakers, Ms. Frolich highlighted the importance of leadership and fostering more in-depth and informed conversations rather than the normalization of harassment. A code of conduct that includes policies and is implemented by leadership and personnel can be helpful in this regard.
The ICC Staff Union advocates for staff's rights and well-being through policymaking and individual staff assistance in employment matters. In the past three years, the Union has examined harassment and discrimination issues at the ICC, which included launching a survey. The Union published a policy paper on harassment, which the Court is currently using to amend its policy, and launched an awareness-raising campaign encouraging speaking up against harassment. Ms. Frolich highlighted that staff in the past few years have gained a greater understanding of their rights. Yet, there is limited success and room for improvement to update the framework, create a mediation mechanism, and gain further support from leadership. She specifically mentioned that those in positions of power, such as the ASP, must lead by example, hold individuals at all levels accountable, and provide financial and political support.
Ms. Frolich concluded by emphasizing that the ICC’s legalistic culture tends to approach all problems as legal problems; however, not all types of harassment can be dealt with using the legal perspective and they should involve health specialists and human resources. Ms. Frolich added that the whistleblower policy, being quite broad and rudimentary, could see improvements to protect individuals from retaliation in principle and more concretely. Making such adjustments to ending the normalization of harassment could also improve staff's productivity and, therefore, the Court’s overall performance.
Ultimately, the three panelists agreed that creating an environment free of sexual violence and harassment at international organizations constitutes a long term process that requires transparency at every step of the hiring process, a properly formulated and implemented code of conduct specific to the international organization, constant re-enforcement through training and messaging, and leadership support.