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Terms of Reference for a DAC Reference Group on Preventing Sexual Exploitation and Abuse

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Sexual exploitation and abuse remain a significant risk in the delivery of international aid despite continuing efforts by the multilaterals, donors and international non-governmental organisations to address the problem. Many Development Assistance Committee (DAC) members have begun working collectively in recent months as well to consider the way forward, for example at its June 2018 formal meeting, the DAC requested the development of a specific DAC instrument on preventing and managing SEA in development co-operation. At the 11 June 2018 formal DAC meeting, DAC members agreed to the establishment of a Reference Group to guide the scoping and development of a potential DAC instrument that will support improved management and prevention of SEA.

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Terms of Reference for a DAC Reference Group on Preventing Sexual Exploitation and Abuse

  1. 1. Organisation for Economic Co-operation and Development DCD/DAC(2018)46/REV1 For Official Use English - Or. English 12 December 2018 DEVELOPMENT CO-OPERATION DIRECTORATE DEVELOPMENT ASSISTANCE COMMITTEE Terms of Reference for a DAC Reference Group on Preventing Sexual Exploitation and Abuse [Subtitle] Following the DAC meeting of 16 November 2018, the Secretariat has revised these terms of reference with Member comments and issues this new version as revision 1. In order to share this document with partners outside of the OECD, the Secretariat proposes to declassify it. If no objections to this document’s declassification are expressed by 17 December, the document will be declassified and posted to the external website. Contacts: Lisa Williams (lisa.williams@oecd.org Annelise Thim (annelise.thim@oecd.org) JT03441189 JT03438650 This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area.
  2. 2. 2 │ DCD/DAC(2018)46/REV1 TERMS OF REFERENCE FOR A DAC REFERENCE GROUP ON PREVENTING SEXUAL EXPLOITATION AND ABUSE For Official Use Terms of Reference for a DAC Reference Group on Preventing Sexual Exploitation and Abuse Background 1. Sexual exploitation and abuse (SEA) remain a significant risk in the delivery of international aid despite continuing efforts by the multilaterals, donors and international non-governmental organisations (INGO) to address the problem. Many donors are supporting important global commitments including the UN Circle of Leadership, the UN Voluntary Compact on Sexual Exploitation and Abuse (SEA) and the UNSG’s new approach for special measures to improve protection from SEA; and commitments at Tidewater, Whistler and London.1 Given continuing challenges in coordinating, overseeing and regulating the sector, bi-lateral donors and others must take deeper action to make zero tolerance policies real. 2. Many Development Assistance Committee (DAC)2 members have begun working collectively in recent months as well to consider the way forward, for example at its June 2018 formal meeting, the DAC requested the development of a specific DAC instrument3 on preventing and managing SEA in development co-operation, as well as through an informal Technical Working Group4 to consider priorities for an international summit on tackling sexual exploitation and abuse and sexual harassment in October 2018. Recognising that SEA is deeply rooted in structures of gender inequality and gender-based violence and discrimination, DAC members stressed the need to ensure a survivor/victim-centred approach grounded in the gender equality agenda. Further recognising that these acts can constitute a violation and/or abuse of human rights, the promotion, protection and respect of human rights must be at the core of preventing and combatting SEA. Ensuring a human rights based approach in development co-operation is fundamental. 3. As a committee of the major bilateral development agencies, the DAC offers members a space to exchange on ways to address challenging issues in the aid sector and consider strategic collective action. A new DAC instrument on Preventing and Managing the Risks of SEA in Development Co-operation would assist members in harmonising their actions. It would also signal to the broader development community that the DAC takes this issue seriously and will step up efforts to prevent SEA within development co-operation and in the design, implementation and oversight of aid sector programmes and policies. The process and instrument will also aim to support DAC members’ efforts to drive organisational 1 Tidewater Joint Statement, 2018, on Combating Sexual Exploitation and Abuse in the Development and Humanitarian Sectors, https://www.oecd.org/dac/Tidewater-Joint-Statement-on-Combating-Sexual-Exploitation-and-Abuse.pdfl; The G7 Whistler Declaration on Protection from Sexual Exploitation and Abuse in International Assistance (G7 Charlevoix, June 2018) https://g7.gc.ca/en/g7-presidency/themes/investing-growth-works-everyone/g7-ministerial-meeting/g7-development-ministers- meeting-chairs-summary/whistler-declaration-protection-sexual-exploitation-abuse-international-assistance/; and Commitments made by donors to tackle sexual exploitation and abuse and sexual harassment in the international aid sector (London, October 2018); https://www.gov.uk/government/publications/donors-commitments-to-tackle-sexual-exploitation-and-abuse-and-sexual- harassment-in-the-international-aid-sector 2 The DAC is a unique international forum of many of the largest funders of aid, including 30 DAC Members. Asian Development Bank, African Development Bank, Inter-American Development Bank, International Monetary Fund, United Nations Development Programme and the World Bank participate as observers. Learn more about the DAC here: http://www.oecd.org/dac/developmentassistancecommitteedac.htm. 3 “Proposal for a Recommendation of the DAC for Development Co-operation Actors on Preventing and Managing the Risks of Sexual Exploitation and Abuse” (11 June 2018). See full proposal here: DCD/DAC(2018)22 4 Comprised of Australia, Belgium, Canada, Denmark, France, Finland, Germany, Ireland, Italy, Japan, The Netherlands, Norway, Sweden Switzerland, the UK and the USA, and also the European Commission (for DEVCO and ECHO)
  3. 3. DCD/DAC(2018)46/REV1 │ 3 TERMS OF REFERENCE FOR A DAC REFERENCE GROUP ON PREVENTING SEXUAL EXPLOITATION AND ABUSE For Official Use culture change. Whether the scope of the instrument should be expanded to include other issues, such as sexual harassment, will be discussed with the Reference Group, for decision by the DAC. 4. At the 11 June 2018 formal DAC meeting, DAC members agreed to the establishment of a Reference Group to guide the scoping and development of a potential DAC instrument that will support improved management and prevention of SEA. This is supported by an internal Development Co-operation Directorate (DCD) Task Force, established in April 2018 (See description of Secretariat below). The DAC Reference Group is tasked with overseeing and reviewing the work of the Task Force to develop this instrument (e.g., the design of a survey, the drafting of a report, stakeholder engagement and consultation on a potential instrument and finalisation of the process and delivery of agreed outputs). Composition and role of the DAC Reference Group 5. The DAC Reference Group will be open to all Members5 , Observers6 , and Participants7 on a voluntary basis. Participants can be DAC delegates or experts from capitals. Meetings of the Reference Group can rely on video conference capabilities to ensure maximum participation from members. The role of the DAC Reference Group is to promote shared learning and review proposals for consideration by the DAC. The DAC Reference Group has no decision-making power, which remains with the DAC. 6. In order to ensure coordination with other processes and hear from a diversity of actors, the DAC Reference Group will also invite specific groups to appoint representatives to sit on the Group as observers. 7. In line with the DAC reform and outreach strategy, partner country representatives will be invited to engage as Observers to ensure that the voices of countries and populations served by development assistance are heard. The Global Partnership for Effective Development Co-operation (GPEDC) is an important body through which the DAC can engage with non-DAC members. The GPEDC Co-Chairs will be invited to sit on the DAC Reference Group or nominate another country representatives. 8. The new Framework for Dialogue between the DAC and Civil Society Organisations8 outlines how the DAC can engage with CSOs. Within this Framework, the DAC-CSO Group will be invited to nominate two representatives to sit on the DAC Reference Group as Observers to ensure CSO representation from OECD and non-OECD countries. 9. Representatives from the United Nations and the Inter-Agency Standing Committee (IASC) will also be invited to sit on the DAC Reference Group as Observers. Chairing of the DAC Reference Group 5 See the full list of DAC members here: http://www.oecd.org/dac/dacmembers.htm#members 6 As agreed upon in the revised DAC Global Relations Strategy (2018), Observers are agreed upon and invited by the Committee to participate in meetings of the Reference group (except on confidential items) and have no decision-making power. the DAC Global Relations Strategy is available here: DCD/DAC(2018)21 7 As agreed upon in the revised DAC Global Relations Strategy (2018), participants to the DAC are entitled to participate in meetings of the DAC and its subsidiary bodies (except on confidential items). Their participation is not mandatory and they cannot participate in decision-making processes. An explanation of DAC Participation can be found here: http://www.oecd.org/dac/dac-global-relations/u.pdf , DCD/DAC(2018)28/FINAL 8 DCD/DAC(2018)28/FINAL
  4. 4. 4 │ DCD/DAC(2018)46/REV1 TERMS OF REFERENCE FOR A DAC REFERENCE GROUP ON PREVENTING SEXUAL EXPLOITATION AND ABUSE For Official Use 10. The DAC Reference Group will be chaired by Ciara Begley, DAC Delegate, Ireland; Christina Stummer, DAC Delegate, Austria; and Mary Thompson, Senior Social Development Adviser, UK Department for International Development (DFID). The Chairs will meet regularly with the DCD Task Force and /or secretariat (in-person or virtually) to discuss the progress of the work and provide guidance as needed. The Chairs will lead the Reference Group meetings. They will also support coordination with other DAC Reference Group members, including participants and observers, as well as other relevant groups such as the Donor Technical Working Group. Secretariat - DCD Task Force 11. The DCD Director established a cross-Directorate Task Force to explore how to take forward a collective effort for the DAC to address ways in which members’ organisations prevent or manage risks of SEA in development co-operation. Its task is to propose a process and support the development of a DAC recommendation on preventing SEA. Lisa Williams, Team Lead on Gender Equality and Women’s Empowerment in DCD, leads the Task Force.

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