Policy and Mechanisms for Combating Harassment, Discrimination, and Promoting Justice

 

Introduction

The labor market in Egypt continues to face significant challenges in ensuring fairness and equity for workers and employees. Critically, the absence of robust mechanisms to provide a safe working environment leaves individuals vulnerable to various forms of harassment and discrimination.

In response, this policy document serves as a foundational framework designed to create a secure workplace for all employees and contributors at Al Manassa. It seeks to uphold the principles of justice within the organization by safeguarding individuals from workplace misconduct, including bullying, general harassment, sexual harassment, abuse of authority by supervisors, and discrimination. Discrimination, in particular, may manifest through the mistreatment or exploitation of individuals or groups, such as women, and may be based on factors including religion, sexual orientation or personal behaviors, geographical origin, political beliefs, or race.

This policy sets forth precise definitions of behaviors classified as discriminatory, bullying, sexually harassing, or abusive of authority. It also delineates the scope of these regulations and establishes the procedures by which Al Manassa will enforce compliance.

Importantly, while this policy aims to ensure the protection and equitable treatment of all individuals within the workplace, it acknowledges that certain societal dynamics place specific groups at greater risk of violations. Examples include gender-based harassment, such as sexual harassment targeting women; discrimination based on religious beliefs, particularly against minority groups; bullying tied to sexual orientation, such as against LGBTQ+ individuals; and abuses of authority disproportionately affecting younger or less experienced employees.

This document represents a deliberate and comprehensive effort to implement policies that protect employees and contributors while fostering a workplace culture rooted in equity, fairness, and respect. Its framework draws on established standards and precedents, including foundational policies issued by the Egyptian Initiative for Personal Rights, addressing sexual harassment, discrimination, and procedural enforcement mechanisms.

Originally issued in March 2020, this document reflects Al Manassa’s commitment to ensuring a dynamic and evolving framework. It remains subject to ongoing revision and enhancement to address emerging challenges and provide greater protection for individuals subjected to workplace misconduct.

Key Definitions

Discrimination: any form of unequal treatment, including acts of exclusion, restriction, or preference, based on factors such as age, gender, color, race, religious beliefs, social or class background, sexual orientation, personal relationships, political views, or other non-professional criteria. This includes any favoritism or exclusion that undermines the principles of equal opportunity, justice, or the right of every employee to have their work evaluated solely on professional merit.

Bullying: encompasses non-sexual harassment involving attacks or criticism that are unrelated to work performance or delivered in an inappropriate manner. Such behavior diminishes the dignity and worth of the targeted individual, creates a hostile work environment, and negatively impacts workplace harmony and individual performance.
Feedback at Al Manassa must remain strictly professional, focusing solely on work-related matters and the workplace environment. Personal remarks are unacceptable.

Abuse of Authority: refers to the improper use of a position of power to unfairly influence the working conditions of one or more individuals beyond the professional scope of the role. Examples include, but are not limited to, exerting undue pressure on colleagues, intimidation, threats, blackmail, and coercion. Such actions must originate from someone perceived to have direct or indirect influence over others’ working conditions or career progression within the institution.

Sexual Harassment: includes any unwelcome behavior, action, statement, gesture, or implication of a sexual nature that is non-consensual and inappropriate for the workplace.
The determination of whether behavior constitutes sexual harassment rests with the affected individual, provided their assessment aligns with an objective standard.

Forms of sexual harassment include:

• Non-verbal harassment: Unwelcome facial or body gestures with sexual implications or exposure of inappropriate body parts.
• Verbal harassment: Unsolicited comments about an individual’s appearance, personal life, behaviors, or preferences; persistent advances despite rejection; or discussions of sexual topics without mutual consent.
• Physical harassment: Any deliberate, unwanted physical contact.
• Exploitation of authority: Instances where the victim perceives the harasser as having direct or indirect influence over their working conditions or career progression within the institution.

Employees: include all individuals working for Al Manassa on a full-time or part-time basis under fixed-term or indefinite contracts, including trainees.
Contributing Journalists: include citizen journalists and all individuals producing journalistic content for Al Manassa who are not classified as employees under the definition above.
Workplace: includes all premises managed by Al Manassa, as well as any locations where Al Manassa-related activities occur. This definition extends to offices, conferences, offsite work meetings, training sessions, travel assignments, and social gatherings among colleagues.
Complaint Committee: consists of three Al Manassa employees elected annually through a secret ballot. The committee must represent diverse administrative levels and ensure gender diversity and balance. Its primary responsibility is to receive complaints and oversee adherence to the procedures outlined in this document.
Independent Investigation Committee: is a three-member body formed on case-by-case basis. It does not include any of Al Manassa employees but may include Al Manassa’s legal advisor.
The complainant and the accused must approve the composition of the committee before the investigation begins.
The Complaint Committee is tasked with nominating individuals with prior experience in similar investigations, ensuring impartiality for all parties involved. These nominations are presented to both the complainant and the accused for approval.
For cases involving sexual harassment, the Investigation Committee must include at least two women.

Mechanisms and Procedures

Through this document, Al Manassa reaffirms its commitment to upholding the principles of justice and equity with complete transparency while ensuring the privacy of all parties involved in complaints. The Complaint Committee will address all cases—whether formal or informal, written or verbal—with the utmost seriousness and will adhere strictly to the due process outlined below.

All employees of Al Manassa are obligated to cooperate fully with these procedures if a complaint is filed against them or if they are required to provide testimony during an investigation. In cases where the alleged violation involves a contributor or a source, the institution will make reasonable efforts to encourage the accused party to cooperate with the investigation procedures detailed in this document.

1. General Rules

Protection of Complainants: Measures must be implemented to safeguard complainants from harm or threats posed by the accused. These measures may include:

• Granting the complainant paid leave during the investigation period, which will not be deducted from their annual leave.
• Implementing temporary restructuring to prevent interaction between the parties involved.
• In certain cases, suspending the accused until the investigation is concluded. If the accused is exonerated, their material and moral reputation must be fully restored.

Fair Opportunity for All Parties: Both the complainant and the accused must be provided an opportunity to present their accounts of the incident under appropriate conditions. Each party should have access to evidence and documentation submitted by the other party and be allowed to respond or refute them.

Exclusion from Committees: Individuals found guilty of violations under this document are barred from serving on any committees established in accordance with this policy in the future.

Support During Investigations: Each party has the right to be accompanied by a colleague for support and guidance during investigations. However, the accompanying colleague must not interfere with the investigation process and must adhere to strict confidentiality.

Prohibition of Negative Comments: No negative remarks or retaliatory actions may be directed at individuals who file a complaint, provide information relating to a complaint, or are found guilty and face appropriate disciplinary measures.

Psychological Support: The complainant is entitled to necessary psychological support throughout the investigation process, which will be provided at the institution’s expense.

Serious and Transparent Handling of Complaints
The Complaint Committee is required to handle all complaints with seriousness, urgency, and complete transparency.

Confidentiality: All individuals involved in a complaint, including witnesses, members of the Complaint Committee and Investigation Committee, and anyone with access to related documents (e.g., meeting minutes and final decisions), must maintain strict confidentiality throughout the investigation process.
If the accused is found guilty, the disclosure of the outcome will depend on the complainant’s wishes, in consultation with the Complaint Committee.

Awareness of Procedures: Both the complainant and the accused have the right to be informed of the steps and actions that will be undertaken during the investigation.

Withdrawal of Complaints:The complainant may withdraw the complaint at any stage, provided the Investigation Committee is still in the process of gathering evidence, conducting interviews, or meeting with witnesses.

Administrative Penalties for Interference: Any attempts by the parties involved, including employees of the institution, to influence the investigators will result in appropriate administrative penalties.

2. Filing a Complaint

Encouragement to File Complaints: Al Manassa considers acts of discrimination, bullying, sexual harassment, and abuse of authority to be unacceptable behaviors. Therefore, it encourages anyone subjected to such acts in the workplace to file a verbal or written complaint with any member of the Complaint Committee or any employee of the institution, regardless of when or how the violation occurred.

Witness Complaints: Witnesses to any such acts may also file a verbal complaint with any member of the Complaint Committee. However, no formal investigation can be initiated without the consent of the affected individual.

Seeking Advice: Al Manassa encourages anyone who believes they have been subjected to any of the violations mentioned in this document to seek advice from a colleague within the institution.

Committee Meeting: Within three working days of receiving any complaint—whether verbal or written—the Complaint Committee must convene to explore options based on the nature of the complaint.

All meeting minutes, communications, actions, and decisions taken by the Complaint Committee must be documented in writing. A copy of these records should be kept with the institution's executive director and remain accessible to members of the Complaint Committee and the parties involved in the complaint.

3. Informal Complaints

A complainant may file an informal verbal complaint to the Complaint Committee. In such cases, there are three possible resolution options: direct communication with the accused, indirect communication through a colleague acting as a representative, or mediation.

3.1 Direct Communication

If the complainant feels entirely safe taking this step, they may directly communicate with the accused through any form of communication, such as a face-to-face meeting, phone call, or written messages.

In such instances, the complainant must inform the accused that a complaint has been submitted to the Complaint Committee regarding specific behavior and request that the behavior in question cease immediately.

All such communications and their outcomes must be documented. Complainants are encouraged to seek support from colleagues or members of the Investigation Committee to attend or assist during these interactions.

3.2 Indirect Communication through a Third Party

The complainant may request assistance from a colleague, provided that the colleague is not a member of the Complaint Committee. This colleague will act as a representative for the complainant during the resolution process outlined in Section 3.1.

3.3 Mediation

At any stage of the complaint, as long as it is not a formal written complaint, both parties may agree to engage a neutral third-party mediator to help them reach a mutually acceptable resolution. This mediator must be impartial and approved by the Complaint Committee.

The final resolution must be consensual between both parties. The mediator is not authorized to impose a solution they deem fair.

4. Formal Complaints

To file a formal complaint, the complainant must submit it in writing to the Complaint Committee. Any supporting documents or evidence should be attached, and the committee is responsible for preserving these materials.

4.1 Receiving the Complaint by the Committee

Upon receiving and verifying the seriousness of the complaint, the Complaint Committee must first meet with the complainant. Subsequently, the committee must meet with the accused to inform them of the complaint's content, allow them to review the submitted evidence, and provide an opportunity to freely present their account of the incident.

4.2 Forming the Investigation Committee and Conducting Investigations

Once the Investigation Committee is formed and begins its work, it must document all steps and procedures in writing. All investigations must be recorded, and the Complaint Committee must compile and preserve all relevant documents until the Investigation Committee submits its final report.

Due to the sensitive nature of cases involving bullying, sexual harassment, abuse of authority, and discrimination, the burden of proof does not rest solely on the complainant, nor is the accused required to prove their innocence. The Investigation Committee is responsible for:

• Collecting facts and evidence.
• Reviewing work records of both the complainant and the accused.
• Consulting witnesses.
• Conducting personal interviews with all relevant parties.

4.3 Final Report

Once the Investigation Committee submits its final report to the Complaint Committee, its role is complete. The Complaint Committee will provide both parties with the full text of the report and submit a summary to the institution’s director, who will implement appropriate actions based on the findings. The complete report will remain with the Complaint Committee.

All individuals with access to the final report or its summary are required to maintain strict confidentiality and protect the privacy of those involved. If the complaint is substantiated, the decision to disclose the final outcome rests with the complainant, in coordination with the Complaint Committee, without revealing specific details.

4.4 Appeals

Either party may appeal the final report to the institution’s director by submitting a written request. The appeal must clearly identify errors committed by the Investigation Committee or Complaint Committee or present new evidence not previously available. Both the appeal and the response must be documented in writing.

5. Disciplinary Actions

If the claim is substantiated, whether through a formal or informal complaint, disciplinary actions must be imposed on the accused, proportional to the severity of the misconduct.

Disciplinary actions include, in order of severity:

• A verbal reprimand.
• Three written warnings.
• Termination of employment.
• Termination with a public announcement of the reasons, subject to the complainant’s consent.

For repeated violations or serious misconduct, immediate dismissal may be warranted.

The accused may admit to their actions at any stage of the investigation and issue a formal apology to the victim, coordinated through the Complaint Committee. If the victim accepts the apology, the penalty may be reduced by one level of severity.

If the complaint is proven malicious, with clear and documented evidence provided by the accused, the complainant will face the same penalty that would have been imposed on the accused had the claim been valid. In such cases, Al Manassa will issue a public statement clarifying the situation and affirming the malicious nature of the complaint.