CORPORATE POLICY

a. Remedy is the Reason Campaign:

AFRILAW is a member of the OECD Watch Network and is participating in promoting the Remedy is the Reason campaign in partnership with the OECD Watch Network and SOMO, The Netherland (2016-till date). The aim of the campaign is to promote effective implementation of the OECD Guidelines and ensure that they remain a relevant instrument for promoting responsible business conduct and avoiding and remedying adverse impacts.

b. Equator Banks, Act!’ Campaign:

AFRILAW is a Core Group member of the Equator Principles Association (EPA) Campaign and is working in partnership with BankTrack, the Netherland to promote the Equator Banks, Act! Campaign (2017-till dat). AFRILAW is engaging 3 Nigeria banks (ECObank, Fidelity Bank and Access Bank) members of the EPA under the campaign.

c. Access to Corporate Justice and Grievance Mechanisms:

AFRILAW is a member of the International Advocates Working Group (IAWG) and is working together in promoting access to corporate
justice and grievance/accountability mechanisms for poor and vulnerable communities in partnership with Accountability Counsel, USA(2016-till date).

d. Human Rights in Development Financing:

AFRILAW is a member of Coalition for Human Rights in
Development, USA and is working together in promoting corporate accountability and respect of human
rights by international financial institutions (World Bank/AfDB/NDB/IMF etc) (2016-till date).

e. Human Rights Defenders in Development:

AFRILAW is a member of Global Human Rights Defenders in Development Campaign Advisory Committee and is working together with Coalition for Human Rights in Development, USA and CEE Bankwatch, Hungary in promoting protection of human rights defenders working in corporate accountability within the international financial institutions (2018 till date).

AFRILAW RISK MANAGEMENT POLICY 2022

AFRICAN LAW FOUNDATION (AFRILAW) RISK MANAGEMENT POLICY
OVERVIEW

AFRILAW recognises that the organisation is exposed to certain risks due to the nature of its activities and the environment in which it operates. The key to AFRILAW’s success is the effective management of risk to ensure its organisational objectives are achieved. Risks arise due to the organisation’s operational undertakings and from external sources. Risks occur in numerous ways and have the potential to impact financial performance, reputation, health and safety, community and the overall performance of the organisation.

POLICY

In order to fully understand such risks, AFRILAW has established a Risk Management Policy which provides the framework for how risk will be managed within the organisation. The Risk Management Policy forms part of the governance framework of the organisation.

It also integrates with the strategic planning process. The Policy addresses both strategic and operational risks. We will use our skills and expertise to identify risks across the organisation. AFRILAW will also identify operational controls in place which manage risk.

We will assess the size or degree of risk by taking into consideration the potential impact to our operations. Risks will be ranked in a common and consistent manner and a Risk Register will be maintained containing material risks to the organisation. Risk treatment actions and plans will be developed for risks which are unacceptable to the organisation. Risks, and the effectiveness of the risk management system will be monitored on a regular basis and we will communicate and consult with relevant stakeholders on our approach to managing risk.

RISK TOLERANCE
Our tolerance for adverse risks will be used to determine which risks are treated through the development of risk treatment actions to manage risks to an acceptable level. During this process we will consider additional control measures to manage the risks to acceptable levels.

INTEGRATION WITH GOVERNANCE AND STRATEGIC PLANNING
The Risk Management Policy forms part of the governance framework and integrates with the strategic planning process. The Policy addresses both strategic and operational risks and the requirement of the organisation to operate in its regulatory environment.

ACCOUNTABILITY
Ownership of risks and risk treatment actions will be assigned to relevant roles within the organisation. AFRILAW has incorporated risk management accountability in executive, management and supervisory roles which are required to report on risks and risk treatment actions.

RISK MANAGEMENT OVERSIGHT
AFRILAW’s Audit and Risk Committee will oversee the Risk Management Policy and the organisation’s exposure to risk. Oversight of the effectiveness of our risk management processes and activities will provide assurance to the Board and stakeholders and will support our commitment to continuous organisational improvement.

REPORTING, MONITORING AND REVIEW
AFRILAW will monitor risks and treatment actions on an ongoing basis. Performance of the risk management system and outstanding risk treatment actions will be reported to the Audit and Risk Committee on a regular basis. Formal reviews of both the risk management system and the Risk Register will take place on an annual basis and the Board will assess the effectiveness of the Risk Management Policy annually.

COMMUNICATION AND CONSULTATION
AFRILAW will communicate and consult with its stakeholders (internal and external) on its approach to risk management.

Okereke Chinwike ESQ.
Chief Executive Officer, AFRILAW
March 15, 2022.

AFRILAW TRAVEL POLICY 2021

I. Objective.
The objective of this Travel Policy is to further African Law Foundation (AFRILAW) (‘organisation’) mission by ensuring that those who travel on behalf of the organisation act responsibly in incurring expenses and that the organisation complies with all applicable laws and regulations governing travel expenses.

Travel expenses are not treated as income to the traveler only if the expenses are “ordinary” (common and accepted in your field of business), “necessary” (helpful and appropriate to your business) and not “lavish or extravagant” (reasonable under the circumstances).

Consistent with the requirements under this policy, the organisation will reimburse only those travel expenses incurred for an approved business purpose that are ordinary, necessary and reasonable. The safety of individuals traveling on behalf of the organisation is of paramount importance. In the event of an emergency or in other situations where safety is a concern, higher travel costs may be justified.

II. Persons Covered.
This policy covers any individual who travels on behalf of the organisation, regardless of whether the person is a director, officer, employee, candidates for employment, volunteer, consultant, independent contractor or other party.

III. Process.
A. PRIOR APPROVAL.
All travel must be approved in advance by the appropriate Reviewing Party, unless advance approval is impractical under the circumstances. For purposes of this Travel Policy, the Reviewing Party shall mean, unless otherwise indicated, the following:
 For the Executive Director, the Chairman of the Board or his designee;
 For all other organisation employees, the traveler’s supervisor;
 For the organisation directors or officers, the Executive Director or his designee; For consultants, independent contractors or speakers at organisation’s events, the Board Chair overseeing the work in consultation with the Executive Director;
 For candidates for employment, the Executive Director or his designee; and
 For volunteers or any other traveler, the Executive Director. It is the responsibility of the individual planning to travel and seeking reimbursement to obtain any necessary approval prior to travel.

B. DOCUMENTATION.
Expenses will not be reimbursed unless the individual requesting reimbursement submits a written expense report in a form prescribed by the organisation. The expense report must be submitted within thirty days after completing a business trip. Each traveler is responsible for preparing and submitting his or her own expense report, which must include sufficient detail to identify the purpose of the expense and the services provided. An itemized original receipt must be submitted for each expense. If an original receipt is not available, the traveler may submit alternative written proof of the expense, such as a bill, canceled check or, if nothing else is reasonably available, a written statement detailing the expense and the reason no receipt is available.

C. EXPENSE REPORT APPROVAL.
The Organisation will reimburse travel expenses only if a traveler’s expense report is approved by the Executive Director. The Executive Director is responsible for reviewing the expense report to ensure that only ordinary, necessary and reasonable expenses are reimbursed. It is the traveler’s responsibility to submit the approved expense report to the Finance and Administration Department.

D. USE OF TRAVEL AGENCY.
All business-related air and train travel and lodging for the organisation staff must be booked through the organisation’s travel agent, unless it is impractical or not cost-effective to do so and an alternative method of booking travel is approved in advance by the Executive Director.

E. TRAVEL ADVANCES. When it is not reasonably practical to determine the actual expenses, the organisation will advance a traveler the reasonably anticipated amount of travel expenses, provided that the traveler submits an advance request approved by the Executive Director at least fourteen days prior to travel. In addition, the traveler must submit an expense report for advanced travel expenses in the same manner as for expenses for which reimbursement is requested. If the amount of a travel advance exceeds the amount of expenses approved for reimbursement, the traveler must reimburse the organisation in an amount equal to such excess at the time the expense report is submitted.

IV. Types of Expenses.
A. AIR AND ROAD TRAVEL.
In general, the organisation will reimburse for the actual, reasonable cost of coach travel only, not for premium or first-class travel. For an overnight international flight, an individual may upgrade to business class if it enables the individual to sleep during the flight and thereby save the time and cost of an overnight stay and the upgrade is approved in advance by the Executive Director or his designee. Travelers are required to select the lowest reasonable air or train fare available for a reasonably convenient, comfortable and safe itinerary. Whenever possible, air travel reservations should be booked round-trip and as far in advance as possible to maximize savings. 

HOTEL
The organisation will reimburse at the single room rate for the actual, reasonable cost of hotel accommodations of standard convenience, comfort and safety, not deluxe or luxury hotel accommodations. Travelers are required to select the lowest reasonable rate for standard lodging. In an effort to keep our costs manageable and affordable, for any approved travel and overnight stay, the hotel cost must not be above #15,000 per night. If it is higher, travelers must obtain prior approval from the Executive Director. The federal per diem rate authorized for lodging at that location should be used as a benchmark for what constitutes reasonable costs. However, the organisation is aware that, as a Non-Govermental organization, reduced government rates are not always available.

The organisation does not reimburse for in-room movies, laundry (except on trips over seven days long) or personal phone calls (beyond one call home per day). Whenever possible, travelers should use a cell phone or calling card rather than the hotel billing for long-distance calls. The organisation will reimburse for the actual, reasonable cost of internet access in a traveler’s hotel room or through the hotel’s business center if such service is used for business purposes.

C. MEALS
The organisation will reimburse for the actual, reasonable cost of meals. The federal per diem rate authorized for meals at that location should be used as a benchmark for what constitutes reasonable costs.

D. LOCAL GROUND TRANSPORTATION
The organisation will reimburse for the actual, reasonable cost of local ground transportation. Travelers are required to use the most economical ground transportation appropriate under the circumstances and should use hotel courtesy cars or public transportation whenever it is safe, convenient and cost-effective. If hotel courtesy cars and public transportation are not safe, convenient or cost-effective, travelers may use shared ride services or taxis or, if less expensive than taxis, car services. For trips in which several travelers are attending the same event and live within a reasonable proximity to one another, or are at the destination airport or train station within an hour of one another, good faith efforts should be made to share local ground transportation services to and from the airport or train station.

Car rentals are generally expensive and, therefore, should be used only as a last resort, taking into account the safety, convenience and cost-effectiveness of other methods of transportation. Size and type of rental cars should be appropriate to the number of people in the car and the road conditions on which it will be used. In addition to the cost of the car rental, the organisation will also reimburse the traveler for the actual, reasonable cost of tolls and parking.

E. PERSONAL AUTOMOBILE
The organisation will reimburse for use of a personal automobile for business travel (which does not include transportation to and from the office) at the mileage rate allowed by the Federal Republic of Nigeria Internal Revenue Service, plus the actual, reasonable cost of tolls and parking. However, in the case of a traveler who uses his or her personal automobile to take a trip that would normally be made by air, the total reimbursement for use of a personal automobile will not exceed the cost of the lowest available round-trip coach airfare for a reasonably convenient, comfortable and safe itinerary.

F. OTHER EXPENSES
The organisation will reimburse for actual, reasonable incidental costs associated with business travel, including without limitation business phone calls, faxes, photocopies, computer supplies and tips. Tips, where customary and expected, should be between hundred naira and one thousand hundred naira, except that porter tips, where necessary, customary and expected, should be at the average of what is reasonably expected.

V. Non-Business Travel
A. EXPENSES OF TRAVELING COMPANION.
The organisation will not reimburse for expenses that are attributable to a traveler’s spouse, partner, child or any other traveling companion, unless the companion is also conducting business on behalf of the organisation and the companion’s travel is approved in advance by the Executive Director or his designee.

B. PERSONAL TRAVEL
Travelers may incorporate personal travel with business trips if the personal travel is approved in advance by the Executive Director, the travel is arranged at a time that is acceptable to the organisation and the business travel expenses are not greater as a result of combining the business trip with personal travel. The traveler is responsible for the additional cost of any personal travel.

VI. Third Party Reimbursement of Travel Expenses
If the Executive Director of the organisation approves in advance the employee’s participation in an outside event as part of his or her official duties, then offers by a third party to reimburse the organisation for related reasonable travel expenses may be accepted. Any travels expenses that a third party has not agreed to reimburse will be reimbursed by the AFRILAW to the extent such expenses are consistent with this Travel Policy.

Summary
1. TRAVEL
Employees will travel only where such travel is deemed to be necessary and in the interest of AFRILAW. Such travel will only be on the authorisation of the Executive Director and the means of transport will be decided by AFRILAW.

2. TRAVEL AUTHORISATION
Where a staff member has been nominated to travel, a completed Travel Requisition Form approved by the Executive Director must be submitted to the Finance Unit at least 5 working days before date of travel.

3. OVERSEAS TRAVEL
Only the Executive Director may travel on business class. All other staff will travel on economy class unless there is a written authorization to travel business class from the Executive Director.

4. ALLOWANCES FOR OVERSEAS TRAVEL
a. Travel allowances within the region: Staff on official assignment within the region (Africa) will be paid an incidental allowance of $50.00 per day for the period of travel from the departure date to the last day of the travel. This is applicable where full cost of travel by staff is being paid by host organization.
b. Travel allowances outside the region: Staff on official assignment outside the region (West Africa) but within Africa will be paid an incidental allowance of $70.00 per day for the period of travel from the departure date to the last day of the travel. This is applicable where full cost of travel by staff is being paid by host organization. These allowances cover incidental expenses (communication, transportation tips and entertainment while traveling in a foreign country). If during the trip there is need to travel within the foreign country, this will attract another allowance to be determined by management.
c. Travel on AFRILAW ticket: Where full cost of travel is to be covered by AFRILAW, travel advance covering actual cost for accommodation, transportation and other travel expenses (visa fees and airport tax) will be provided. In addition, an allowance of $80.00 per day will be provided for meals and incidental allowance. Receipts for accommodation, transportation and other travel expenses should be submitted upon return. Where a separate allowance is provided for communication, this must be accounted for with receipts.
d. Travel outside Africa on AFRILAW ticket: Where full cost of travel is to be covered by AFRILAW, travel advance covering actual cost for accommodation, transportation and other travel expenses (visa fees and airport tax) will be provided. In addition, an allowance of $120.00 per day will be provided for meals and incidental allowance. Receipts for accommodation, transportation and other travel expenses should be submitted upon return. Where a separate allowance is provided for communication, this must be accounted for with receipts.
e. Baggage allowance: The standard free baggage allowance authorized by the airline is considered adequate to meet an employee’s normal baggage requirements. If for exceptional reasons, where staff member is carrying publications/luggage on behalf of AFRILAW that will exceed the standard allowance provided by the airline, AFRILAW will provide the staff member a cash advance to cover payment of the excess baggage. Where the cost of the excess baggage still exceeds the travel advance, an application for reimbursement (with receipt) will be submitted for approval by the Executive Director.

5. DOMESTIC TRAVEL
a. Employees on official assignment within (Nigeria) will be entitled to the approved incidental allowance of N20, 000.00 per day for overnight journeys approved by management. This include the cost of accommodation but exclude the cost of transportation to and return the trip.
b. Where transportation is not provided by AFRILAW, staff will be paid Travel & Transport allowances as per agreed amount depending on the destination.Where a journey can be accomplished in a day, it would be regarded as normal working hours.
c. Where full cost of overnight travel is being paid by AFRILAW, the travel advance will cover board/ lodging and meals and incidental allowances. Receipts for accommodation (boarding/lodging) must be submitted upon return. Where a separate allowance is provided for communication, this must be accounted for with receipts.

6. TRAVEL EXPENSE AND MISSION REPORT
A travel expense and mission report together with relevant receipts must be submitted to the Finance Unit within 14 days of return from travel. Where advances are not accounted for within the stipulated time, one of the following sanctions will be applied: a. No further travel advances will be made to employee/consultant until previous advances have been accounted for; or b. Outstanding travel advance will be deducted from staff member’s salary.

THE SAFEGUARDING POLICY 2020

1. INTRODUCTION
AFRILAW’s projects and programmes in most cases involve and address the needs of vulnerable communities and groups. There is potential for abuse to take place in the context of these projects and programmes.

Through its mission, AFRILAW is well positioned to promote and ensure good practice by its staff and by with those of its partners who directly or indirectly work with Vulnerable Persons.
The aim of this policy is:

• To promote and ensure the safeguarding of Vulnerable Persons directly served by AFRILAW and its partners.
• To ensure that any abuse of Vulnerable Persons that occurs in the context of AFRILAW’s projects and programmes is reported and addressed.

2. VULNERABLE PERSONS COVERED BY THE POLICY
All children and young people below the age of eighteen years should be protected from all forms of abuse, neglect, exploitation and violence and adheres to the fundamental rights of the child as spelled out in the UN Convention on the Rights of the Child of 1989 and Nigerian Child Rights Act of 2003.
• Vulnerable adults, persons over the age of eighteen years who are unable to take care of or protect themselves against harm or exploitation for whatever reason, require particular protection.
• Both children and vulnerable adults (hereinafter referred to as the “Vulnerable Persons”) have rights as individuals and shall be treated with dignity and respect.

3. RESPONSIBILITIES
Members of the Board of Directors are responsible for:
• Ensuring adequate measures are in place to assess and address safeguarding risks.
• Putting in place adequate safeguarding policies and procedures, including relevant HR matters.
• Making sure policies and procedures are effectively applied in practice and that mechanisms are in place to provide assurance on compliance.
• Ensuring those safeguarding policies, practice, and performance are robustly and regularly reviewed to ensure they are up to date and fit for purpose.
• Actively promoting a safe culture and strong awareness of everyone’s safeguarding responsibilities.
• Taking steps to help deter and prevent safeguarding issues from occurring.
• Ensuring there are mechanisms in place to promptly identify and act upon emerging safeguarding trends or issues.
• Ensuring that serious incidents are reported to the appropriate authorities.

The Management Team is responsible for:
Ensuring the policy is implemented.
• Discussing safeguarding matters at Strategic Management Team meetings at periodic intervals to help ensure progress and address any challenges with implementing the policy and any cases arising.
• Presenting an annual safeguarding report on any instances and action taken/lessons learned to the Board.

The Admin Officer shall also operate as the Safeguarding Officer and will be responsible for:
• Ensuring awareness raising/training is undertaken for staff and stakeholders.
The Admin Officer will also be responsible for:
Ensuring that briefing on this policy is built into Induction processes.
• Ensuring all new employees receive policy training as part of their induction.
• Ensuring measures are implemented within their area of responsibility.
• Following up and addressing issues appropriately.
• Implementing the necessary protective procedures when recruiting new staff.
• Documenting who has signed the policy.
All Staff are responsible for:
• Adhering to this policy and the Code of Conduct.
• Reporting concerns using the procedures set out in the Code of Conduct.

4. CONTEXT
AFRILAW expects a commitment and action by its staff and all stakeholders at national and international levels, to stop and prevent abuse of vulnerable persons.
a. Abuse is any behavior towards a person that causes harm, endangers life or violates rights. Examples of abuse include:
I. Physical abuse.
II. Sexual abuse.
III. Sexual exploitation including:
i. Sexual relations with a person below the age of 18 regardless of the ageof consent.
ii. Use of prostitutes even if locally legal.
IV. Commercial exploitation, including child labour and modern slavery.
V. Financial or material – stealing or denying access to money or possessions, expecting favours of any kind in exchange AFRILAW assets or involvement in a project.
VI. Emotional abuse.
VII. Neglect and negligent treatment;
VIII. Discrimination – abuse motivated by discriminatory attitudes towards age, race, religion, gender, disability, sexual orientation or cultural background.
Promoting and ensuring the protection of Vulnerable Persons from abuse and exploitation is an important element of AFRILAW’s mission.

5. PROTECTING VULNERABLE PEOPLE
a. AFRILAW staff, Board members, volunteers and contractors (refer to as “staff” hereafter) shall adhere to the following principles:

I. All Vulnerable Persons have rights as individuals, without discrimination of any kind and irrespective of race, colour, sex, gender, language, religion, political opinion, national, ethnic or social origin, property, disability, sexual orientation, birth or other status.
II. All Vulnerable Persons have equal rights to protection from abuse and exploitation.
III. All Vulnerable Persons shall be encouraged to fulfill their potential and inequalities shall be challenged.
IV. The welfare of Vulnerable Persons should be safeguarded and promoted.
V. Everybody has a responsibility to support the care and protection of Vulnerable Persons.
VI. AFRILAW has a particular duty of care to Vulnerable Persons with whom they work and come into contact with and with whom their representatives work.
VII. AFRILAW works through partners they have a responsibility to meet minimum standards of protection for the Vulnerable Persons involved in their partners’ programmes.
VIII. Recognition of the importance of working in partnership with AFRILAW’s Partners in the protection of Vulnerable Persons.
IX. AFRILAW Staff will be viewed as representatives of AFRILAW even when not in working hours and their responsibility to act in accordance with this policy therefore applies at all time.

b. AFRILAW staff shall strive to make AFRILAW’s activities safe and create a caring environment(s) for all people, and in particular Vulnerable Persons.

A Caring Environment here refers to one:
I. In which the health, safety and welfare of Vulnerable Persons have been assessed and catered for; in which staff are aware of the possibility of abuse and take reasonable measures to prevent that possibility; and
II. Where there is a sound and known reporting system for any incident.
c. Activities undertaken by AFRILAW shall be planned, organized and delivered in accordance with the principles of AFRILAW’s Policy for Safeguarding of Vulnerable Persons.

6. PARTNERS
AFRILAW will advance the protection of Vulnerable Persons, where possible, through its relationships with its partners, taking into account the particularities of the development context in which AFRILAW operates.

AFRILAW expects its partners to pursue their work in the same spirit and create a Caring Environment for Vulnerable Persons.
AFRILAW expects partners who work directly with Vulnerable Persons to develop an appropriate code of conduct that identifies the types of prohibited conduct that would cause abuse to Vulnerable Persons and which provides guidance for their staff to avoid any acts of abuse against Vulnerable Persons.

AFRILAW therefore will:
a. Implement in its template for agreements with partners, consultants and service providers or grantees (together “AFRILAW partners”) a clause, which aims to ensure the adherence of AFRILAW’s partners to this Policy for Safeguarding of Vulnerable Persons. The clause shall read as follows:

“AFRILAW believes that all vulnerable persons, meaning children below the age of eighteen years and vulnerable adults, require protection from all forms of abuse and exploitation.

Wishing to promote and ensure the highest standards in this regard, AFRILAW expects the Recipient [the consultant/ the service provider] to adhere to its Policy for Safeguarding of Vulnerable Persons and to promote the values and standards laid down in this Policy in its work.”
b. Actively promote its Policy for Safeguarding of Vulnerable Persons by making the Policy publicly available through the AFRILAW website (www.afrilaw.org); and
c. Provide relevant guidance to AFRILAW’s partners, aimed at the safeguarding of Vulnerable Persons.

7. PROCEDURE
a. AFRILAW expects its staff to be alert to signs that may suggest a Vulnerable Person is at risk of abuse or exploitation, and also expects its partners to adopt the same approach.
b. AFRILAW shall treat any allegation or concern regarding the abuse of a Vulnerable Person seriously.
c. The reporting procedure outlined below shall be followed strictly by AFRILAW staff. In following the reporting procedure, particular care shall be taken with regard to an individual’s right to privacy and confidentiality when information is shared with appropriate people in the course of following up an allegation.
d. To facilitate reporting, AFRILAW’s Admin Officer shall also double as a Safeguarding Officer, and will be responsible for ensuring that the Policy for the Safeguarding of Vulnerable Persons is implemented and followed.

The role of the Admin Officer now doubling as the Safeguarding Officer is to:
I. Receive and register reports of abuse of Vulnerable Persons from AFRILAW staff or its project and programmes partners and beneficiaries including from community members, individuals and groups.
II. Collect additional information as appropriate.
III. Assess risk.
IV. Consult with AFRILAW’s leadership, and Programme Coordinator/Director as appropriate.
V. When appropriate, consult with external organizations’ including partners, local agencies, and community leaders.
VI. Make a formal referral if appropriate to AFRILAW Executive Director.

e. If any of the following incident so occur, an AFRILAW staff member must make a report to the Admin Officer (herein referred to as Safeguarding Officer):
I. Abuse is observed or suspected.
II. An allegation of abuse is made.
III. A Vulnerable Person discloses abuse.
IV. A complaint is made about the possible abuse or exploitation of a Vulnerable Person by an AFRILAW staff member or project and programmes partners and beneficiaries including from community members, individuals and groups.

Upon receipt of the report, the Safeguarding Officer shall act as appropriate, following the reporting procedure as outlined above.
f. AFRILAW staff working on project development or monitoring have to be alert to possibilities of the abuse and exploitation of Vulnerable Persons. If such abuse or exploitation isobserved, it is the duty of AFRILAW staff to inform the Safeguarding Officer. The staff member should not attempt to investigate the allegation or to discuss it further other than with the Safeguarding Officer who is responsible for further investigation and, if necessary, referral to the police and/or appropriate local authority in the jurisdiction where the reported incident has or may have taken place.
g. AFRILAW expects its’ partners to develop and implement a relevant protection and reporting procedure, in line with the size and complexity of their organisation, based on relevant risk assessment and in observation of the international standards, as promoted.
h. Where an AFRILAW project or programmes includes working directly with vulnerable persons (e.g. young people taking part in a workshop), a risk assessment must be carried out in advance and approved by a member of staff. This will include factors such as travel to/from the event; the need for chaperones; safe spaces; access to washrooms and parental consent.

8. REPORTING ABUSE
The Safeguarding Officer, after being informed of an allegation, will make a preliminary assessment and determine the course of action appropriate to the seriousness of the alleged offence. As a matter of principle, once it is decided that an alleged abuse needs to be investigated, then the Safeguarding Officer will disclose all relevant information to the Executive Director.

The following are key steps in any process to substantiate any reported allegations:

a. Investigate
The Safeguarding Officer will consult with the Programme Managers and Officers as appropriate; if the abuse occurred within the context of a project, the relevant programme lead will be consulted.
The allegation will be investigated and the individual(s) concerned informed of the allegations against him or her, and the course of action to be taken. At the same time, the Safeguarding Officer will ensure that all information in the possession of the individual suspected is secured for investigation.
If appropriate, during the investigation period, the individual alleged to have committed the abuse maybe taken out of his/her position. This may mean the individual is put into another position, put on leave with pay or suspended without pay.

b. Collect evidence
Depending on the magnitude and the complexity of the offense, investigations will be carried out by the Executive Director or where appropriate, involvement of external parties deemed can be approved by the Board of Directors.

c. Report
Ensuring a report is issued on a timely basis detailing the findings and conclusions of the investigation including recommendations for action to be taken. The report will only be disclosed to the Executive Director and Board of Directors, and others with a need to know. This is important to avoid damaging the reputation of those suspected of wrong doing and subsequently found innocent.

9. ACTION
In all cases the course of action will be determined in consultation with the members of the Board of Directors.

PREVENTION
a. AFRILAW will follow preventative measures to make the workplace and its projects and programmes safe for vulnerable people. Such measures will also protect staff and the reputation of the organisation.
b. AFRILAW will also encourage its Partners to adopt the highest possible standards in accordance with the scope of their operations and structure.
c. AFRILAW will ensure that all its staff and partners working directly with Vulnerable Persons and, in particular, with children, introduce a system of checks when recruiting new staff that considers the following if appropriate:
I. The same standards should be applied for paid, non-paid, short-term or permanent staff.
II. When a new job is being designed, the role and the issues of child and vulnerable adult protection and risk in that job shall be carefully considered:
i. What contact with children or vulnerable adults will the job involve?
ii. Will the employee have unsupervised access to children or vulnerable adults, or hold a position of trust?
iii. What other sort of contact may the person have with children or vulnerable adults (e.g. via email, telephone, letter, Internet)?
III. Making clear in job descriptions, terms of reference/role briefs for all posts (including where short-term contracts or consultants are being recruited) –whether the role includes any specific responsibility for working with Vulnerable Persons and for safeguarding.
IV. For all positions, the selection criteria will include the need to understand and abide by AFRILAW’s organizational policies and values.
V. Where relevant, the selection criteria shall outline the relevant experience needed and:
i. Application forms that ask for consent to gain information on a person’s past convictions/pending disciplinary proceedings shall be developed and documentation to confirm identity and proof of relevant qualifications shall be requested, this is applicable for roles that involve safeguarding issues.
ii. The interview process shall be well planned and the interviewers have the relevant experience and knowledge about child and vulnerable adult protection and best practice and how to question the candidate appropriately to elicit responses on this subject.
VI. Up to two employment-based references including the most recent employer shall be taken and the identity of referees shall be verified by ensuring that references are received on headed paper or company email addresses. Questions should be asked regarding conduct as well as job performance. Where the post holder will have responsibility for working with children or vulnerable adults, the reference request will include a particular question regarding the suitability of the candidate to work with this group.
VII. As many background checks as possible shall be conducted.
VIII. The use of probationary periods of employment to ensure suitability once in post shall be considered.
d. Staff and partners working directly with Vulnerable Persons and, in particular, with children, should assess the possible ways that children come into communication contact with staff, and to decide what procedures they need to follow to prevent possible abuse through digital communication such as SMS text, email, internet chat rooms, photo phones, digital cameras etc.
e. AFRILAW and partners working directly or indirectly with Vulnerable Persons, and in particular with children, will foster and implement guidance for staff responsible for events/activities involving children in a development context.

10. SELF-ASSESSMENT TOOLKIT FOR CHILD PROTECTION
AFRILAW expects its staff, partners and in particular those working directly with children, to use the Civil Society Challenge Fund (CSCF) Child Protection Self Audit Toolkit to assist in good project design and delivery. This toolkit is annexed to this Policy as Annex 1.

11. ANNEX 1 CHILD PROTECTION
The list below provides additional standards to support effective child protection and will assist staff and partners when working with children and young people.

Children and the Organization

AFRILAW and its local partners are very clear about its responsibility to protect children and make this known to all who come into contact with them.

The way staff and local partners behave towards children suggests that they are committed to protecting children from abuse.

There is good awareness of the UN Convention of the Rights of the Child (UNCRC) and Child Rights Act of 2003 and this is seen as a basis for child protection in the organisation.

Managers and senior staff ensure that children are listened to and consulted and that their rights are met.

AFRILAW and its local partners make it clear that all children have equal rights to protection.

The organization and its local partners manage children’s
behaviour in ways which are non-violent and do not degrade or humiliate children.

Policies and procedures that help keep children and young people safe:
1 AFRILAW and its local partners have a written child protection policy or some clear arrangements to make sure that children are kept safe from harm.
2. The policy or arrangements are approved and endorsed by the relevant management body (e.g. senior management, board, executive, and committee).
3. The policy or arrangements have to be followed by everyone.
4. There are clear child protection procedures in place that provide step-by-step guidance on what action to take if there are concerns about a child’s safety or welfare.
4. There is a named child protection person/s with clearly defined role and responsibilities.
5. The child protection procedures also take account of local circumstances.
6. There is a named child protection person/s with clearly defined role and responsibilities.

Preventing harm to children and young people
1. There are policies and procedures or agreed ways of recruiting staff and for assessing their suitability to work with children, including where possible police and reference checks.
2. There are written guidelines for behaviour or some way of describing to staff and local partners what behaviour is acceptable and unacceptable especially when it comes to contact with children.
3. The consequences of breaking the guidelines on behavior are clear and linked to organisational disciplinary procedures.
4. Guidance exists on appropriate use of information technology such as the Internet, websites, digital cameras etc. to ensure that children are not put at risk.
5. Where there is direct responsibility for running/providing activities, including residential care, children are adequately supervised and protected at all times.
6. There are well-publicised ways in which staff can raise concerns, confidentially if necessary, about unacceptable behaviour by other staff or representatives.

Implementation and training
1. There is clear guidance to staff, local partners and other organisations (including funding organisations) on how children will be kept safe.
2. Child protection must be applied in ways that are culturally sensitive but without condoning acts tha tare harmful to children.
3. There is a written plan showing what steps will be taken to keep children safe.
4. All members of staff and volunteers in the organization and its local partners have training on child protection which includes an introduction to the organisations’ child protection policy and procedures where these exist.
5. All members of staff and local partners are provided with opportunities to learn about how to recognize and respond to concerns about child abuse.
6. Work has been undertaken with all local partners to agree good practice expectations based on these standards.

Information and Communication
1. Children are made aware of their right to be safe from abuse.
2. Everyone in the organization and the local partners know which named staff Member has special responsibilities for keeping children safe and how to contact them.
3. Contact details are readily available for local child protection resources, safe places, national authorities and emergency medical help.
4. Children are provided with information on where to go to for help and advice in relation to abuse, harassment and bullying.
5. Contacts are established at a national and/or local level with the relevant child protection/welfare agencies as appropriate.
6. Staff members with special responsibilities for keeping children safe have access to specialist advice, support and information.

Monitoring and Review
1. Arrangements are in place to monitor compliance with child protection measures put in place by the organisation.
2. Steps are taken to regularly ask children and parents/careers their views on policies and practices aimed at keeping children safe the effectiveness of these.
3. The organization uses the experience of operating child protection to influence policy and practice development.
4. All incidents, allegations of abuse and complaints are recorded and monitored.
5. Policies and practices are reviewed at regular intervals, ideally at least every three years.
6. Children and parents/care givers are consulted as part of these reviews of safeguarding policies and practices.
Adapted from Keeping Children Safe

AFRILAW RISK MANAGEMENT POLICY 2022

AFRICAN LAW FOUNDATION (AFRILAW) RISK MANAGEMENT POLICY
OVERVIEW

AFRILAW recognises that the organisation is exposed to certain risks due to the nature of its activities and the environment in which it operates. The key to AFRILAW’s success is the effective management of risk to ensure its organisational objectives are achieved. Risks arise due to the organisation’s operational undertakings and from external sources. Risks occur in numerous ways and have the potential to impact financial performance, reputation, health and safety, community and the overall performance of the organisation.

POLICY

In order to fully understand such risks, AFRILAW has established a Risk Management Policy which provides the framework for how risk will be managed within the organisation. The Risk Management Policy forms part of the governance framework of the organisation.

It also integrates with the strategic planning process. The Policy addresses both strategic and operational risks. We will use our skills and expertise to identify risks across the organisation. AFRILAW will also identify operational controls in place which manage risk.

We will assess the size or degree of risk by taking into consideration the potential impact to our operations. Risks will be ranked in a common and consistent manner and a Risk Register will be maintained containing material risks to the organisation. Risk treatment actions and plans will be developed for risks which are unacceptable to the organisation. Risks, and the effectiveness of the risk management system will be monitored on a regular basis and we will communicate and consult with relevant stakeholders on our approach to managing risk.

RISK TOLERANCE
Our tolerance for adverse risks will be used to determine which risks are treated through the development of risk treatment actions to manage risks to an acceptable level. During this process we will consider additional control measures to manage the risks to acceptable levels.

INTEGRATION WITH GOVERNANCE AND STRATEGIC PLANNING
The Risk Management Policy forms part of the governance framework and integrates with the strategic planning process. The Policy addresses both strategic and operational risks and the requirement of the organisation to operate in its regulatory environment.

ACCOUNTABILITY
Ownership of risks and risk treatment actions will be assigned to relevant roles within the organisation. AFRILAW has incorporated risk management accountability in executive, management and supervisory roles which are required to report on risks and risk treatment actions.

RISK MANAGEMENT OVERSIGHT
AFRILAW’s Audit and Risk Committee will oversee the Risk Management Policy and the organisation’s exposure to risk. Oversight of the effectiveness of our risk management processes and activities will provide assurance to the Board and stakeholders and will support our commitment to continuous organisational improvement.

REPORTING, MONITORING AND REVIEW
AFRILAW will monitor risks and treatment actions on an ongoing basis. Performance of the risk management system and outstanding risk treatment actions will be reported to the Audit and Risk Committee on a regular basis. Formal reviews of both the risk management system and the Risk Register will take place on an annual basis and the Board will assess the effectiveness of the Risk Management Policy annually.

COMMUNICATION AND CONSULTATION
AFRILAW will communicate and consult with its stakeholders (internal and external) on its approach to risk management.

Okereke Chinwike ESQ.
Chief Executive Officer, AFRILAW
March 15, 2022.

THE CODE OF CONDUCT FOR AFRILAW STAFF 2021

Independent, private and non-profit, AFRILAW respects a strict political and religious impartiality, and operates following principles of neutrality, non-discrimination and transparency, according to its core values.

AFRILAW is committed to a just, developed and prosperous Africa and a better world for all; and in advancing the rule of law, human rights and justice for peaceful, inclusive and sustainable growth and development of African society and a better life for all.

The aim of this Code of Conduct is to provide clear guidance on the standards of behaviour all staff are required to abide by.

This Code is governed by AFRILAW’s policies, procedures, manuals and handbooks e.g. Finance, Logistics, Administration & Human Resources, Transparency & Audit, Security & Safety etc.

Under the terms of this Code of Conduct, AFRILAW staff covers all employees, volunteers, interns and freelance and independent consultants, both international and national, whether they are based in headquarters or in the field of AFRILAW, its sister’s organisations and the member organisations of the AFRILAW’s Network.


It is binding on ALL AFRILAW Staff:

 You must read and fully understand the content of this Code. If you have any questions it is your responsibility to ask your supervisor for clarification.
 If you fail to adhere to any of the provisions set out in this document you can face disciplinary action, dismissal or even legal action.
 You have a duty to report any breach of this Code to your supervisor or through AFRILAW’s established reporting mechanisms.
 You also have a duty to inform beneficiaries and others with whom AFRILAW is working of this Code that AFRILAW staff must adhere to, including the rules relating to the reporting of misconduct and failure by AFRILAW staff. All reports and concerns will be properly considered and treated with discretion. AFRILAW will address any breaches of this Code that are reported through the established mechanisms.
 If you are a manager, you will have particular responsibilities to set a good example and to create a working environment conducive to upholding the standards of the Code of Conduct, as well as to support and develop systems that maintain this environment.

In the framework of AFRILAW’s “zero tolerance approach” on breaches of the Code of Conduct, it is the duty of all of us to think about and manage our behaviour to fit with the values and principles of AFRILAW and the following requirements at all times.

1-1 I WILL RESPECT OTHERS
 I will respect all persons equally and without any distinction or discrimination based on nationality, race, ethnicity, tribe, gender, religious beliefs, political opinion or disability.
 I will act fairly, honestly and tactfully and treat people with dignity and respect. I will respect the national law and local culture, traditions, customs and practices that are in line with UN conventions.
 I will contribute to building a harmonious workplace based on team spirit, mutual respect and understanding.
 I will dress in a manner appropriate to the assignment and the cultural setting.

Consequently,
 I will not take part in any form of discrimination, harassment, or abuse (physical, sexual or verbal), intimidation or exploitation, or in any other way infringe the rights of others.

2-1 I WILL MAINTAIN HIGH STANDARDS OF CONDUCT, BOTH PERSONAL & PROFESSIONAL…

…by serving the mandate and values of AFRILAW, by applying AFRILAW manuals, policies, guidelines, handbooks, internal rules and procedures, by striving for high standards in my work, taking responsibility for my actions and not abusing my position of power as an AFRILAW representative. I will refrain from behaving in a way that undermines my ability to do my job or is likely to harm AFRILAW’s reputation. I will ensure that my personal and professional performance is always based on a non-racist, non-discriminatory, gender sensitive and environmental-friendly conduct.

Consequently,
 I will not engage in sexual relations with anyone under the age of 18, or abuse or exploit a child in any way, regardless of the local age of majority or age of consent. Mistaken belief in the age of a child is not a defense.
 I will neither support nor take part in any form of criminal, illegal, exploitative or abusive activities, including, for example child labour, paedophilia, forced prostitution, trafficking of human beings, commodities and intoxicants.
 I will never knowingly support, tolerate or encourage terrorism or the activities of those who embrace terrorism;
 I will not exchange money, employment, goods or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior. This includes exchange of assistance that is due to beneficiaries.
 I will not ask for or invite any kind of personal payment, service or favour from others, especially beneficiaries, in return for our help, support, goods or services of any kind.
 I will not be in possession of, nor profit from the sale of, illicit/illegal goods or substances, alcohol or use any other substances in a way that affects my ability to do my job or affects the reputation of AFRILAW. Likewise, I will under no circumstances drive an AFRILAW vehicle under the influence of alcohol or any other illegal intoxicants. I understand that any knowledge of staff handling any kind of AFRILAW motorized transportation means under such influence should be reported and will be dealt with as a breach on the Code of Conduct and security regulations, and lead to disciplinary measures.
 I will not accept bribes or significant gifts (except small tokens of appreciation valued less than N2000 (5USD) that I will immediately notify the Executive Director) from governments, beneficiaries, donors, suppliers or others.
 I will not enter into any sort of business relationship on behalf of AFRILAW with family, friends or other personal/professional contacts for the supply of any goods or service to AFRILAW or any employment related matters without authorisation.
 I will not use the organisation’s computer or other equipment to view, download, create or distribute inappropriate material, such as pornography and paedophilia.
 I will not carry weapons or wear military uniforms within AFRILAW premises and vehicles and when on duty.
 I will commit to protect the environment and reduce risks of negative impacts on the environment.

3- I WILL COMMIT TO PROTECT AFRILAW’S BENEFICIARIES…
…by taking into consideration the difficult experiences that victims of disasters have faced and the disadvantaged position in which they may find themselves in relation to those who hold power or influence over certain aspects of their lives, always seek to care for and protect the rights of the most vulnerable, e.g. children, in particular orphans and separated children, women, single parents, elderly, disabled, chronically sick and vulnerable minority groups. Do my utmost to support AFRILAW’s assistance and protection work and act in a manner that ensures that beneficiaries’ interests are my paramount consideration.

Consequently, 
 I will not act in a way that breaches AFRILAW’s operational guidelines, manuals, handbooks and procedures, in particular AFRILAW’s child protection policy or in any way place our beneficiaries at risk of harm.
 I will not abuse the power and influence that I have by virtue of my position over the lives and well-being of beneficiaries. I will never request or receive any service or favour from beneficiaries, staff members or other persons in return for assistance or protection. I will never engage in any exploitative relationships – sexual, emotional, financial or employment-related – with beneficiaries.
 I will not withhold information about any current criminal convictions, charges or civil proceedings, in particular relating to child abuse, either prior to my hiring with AFRILAW as well as when I join AFRILAW or arising during the time of my employment.

4-1 I WILL ENSURE TO BE ATTENTIVE TO THE SAFETY & SECURITY OF MYSELF AND OTHERS… 
… by being aware of and complying with AFRILAW security & safety policies and practices and highlighting to my line manager any areas of concern.
Consequently,
 I will make myself familiar and comply with all global and local AFRILAW security & safety and health rules and procedures.
 I will not behave in a way, which creates unnecessary risk to my security or the security of others.

5- I WILL PROTECT AFRILAW’S RESOURCES AND ASSETS…
… by handling AFRILAW financial resources and assets carefully and by performing my official duties and conducting my private affairs in a manner that avoids conflict of interest.

In particular:
 I will ensure that AFRILAW’s resources are not misused and protect them from theft, fraud or other damage.
 I will disclose potential conflict of interest with a supplier, service provider or business partner (such as family relations or shareholding).
 I will not use offices, AFRILAW property or knowledge gained from functions with AFRILAW for private gain, financial or otherwise, or for the private gain of any third party, including family, friends or those they favour.
 I will protect, manage and utilized AFRILAW human, financial and material resources efficiently and effectively, bearing in mind that these resources have been placed at AFRILAW’s disposal for the benefit of beneficiaries and other persons of concern to AFRILAW.
 I will maintain electronic files and archives in a responsible manner keeping in mind the necessary protection of privacy. Information that may be considered illegal, offensive or inappropriate must under no circumstances be processed, downloaded, stored or disseminated.

Consequently,
 I will not seek personal gain from my employment with AFRILAW and will resist any undue political pressure in decision-making. In particular, I will not receive or provide bribes, including kick-backs of any kind.
 I will neither seek nor accept instructions regarding the performance of my duties from any government or from any authority external to AFRILAW. I will not accept any honour, decoration, favour, gift or remuneration from any authority; nor will I accept these from any other source external to AFRILAW without prior authorisation, except for minor token items of appreciation valued less than N2000 (5USD).
 I will not engage in any outside occupation or employment without prior authorisation. I will not accept supplementary payments or subsidies from a government or any other source.
 I will not assist private persons or companies in their undertakings with AFRILAW where this might lead to actual or perceived preferential treatment. I will never participate in activities related to procurement of goods or services, or in human resource activities, where a conflict of interest may arise and will always act in strict conformity with related AFRILAW policies, guidelines and instructions.

6- I WILL PROTECT CONFIDENTIALITY OF AFRILAW’S INFORMATION AND DATA…
… by handling AFRILAW’s information and data carefully and with discretion. In particular:
 I will safeguard and make responsible use of the information to which I have access as a result of my employment with AFRILAW.
 I will exercise due care in all matters of official business, and not divulge any confidential information about beneficiaries and persons of concern to AFRILAW, colleagues and other work-related matters.
 I will exercise necessary caution and discretion with regard to political, military or security matters in official or private communications, including telephone calls, radio messages, e-mails, social media and letters.
 I will ensure, when engaged in communication activities, that portrayal of individuals and their circumstances are fairly represented in terms of their capacities and vulnerabilities. I will make all necessary efforts to explain how photos and stories will be used and to obtain permission from the individuals for the use of their photos and stories.

Consequently, 
 I will not reveal, both while working for and after leaving AFRILAW, any confidential information I have obtained while working for AFRILAW to any third party unless legally required to do so. I am aware that the breach of professional confidentiality, both while employed and after leaving the organization, might lead to a claim for compensation and/or prosecution.
 I will not make comments to the media or to journalists on behalf of AFRILAW without prior agreement with the Executive Director.
 I will not issue statements to the press or other agencies of public information or submit articles, books or other material for publication, including on internet blogs, websites, online media, social media and any public electronic forums, if such act relates to the activities or interest of AFRILAW, without prior necessary approval from the Executive Director. I am committed to a responsible management of any personal social media platform, including Facebook and Twitter, in accordance with the law and the standards listed in the present Code of conduct, on which any confidential professional matters, nor divulge any confidential information about beneficiaries and persons of concern to AFRILAW, colleagues and other work-related matters, nor represent AFRILAW in any way.
 I will not disclose any confidential professional matters, nor divulge any confidential information about beneficiaries and persons of concern to AFRILAW, colleagues and other work-related matters, nor represent AFRILAW in any way.

7-1 I WILL REPORT ANY INCIDENT OR CONCERN RELATING TO THIS CODE
In order to create the conditions for this Code of Conduct to enter into force, we must not only apply it individually but all AFRILAW staff have a duty to report within AFRILAW any potential incident, abuse or concern that we witness or are made aware of.

Consequently, 
 I will report through appropriate channels any matter which appears to break the standards contained in the Code of Conduct.
I am aware of the fact that any breach of this Code of Conduct may lead to disciplinary action, dismissal or even legal action and that intentionally false accusation and reports are seen as a breach o the Code of Conduct and will be subject to disciplinary action.
Date: …………..
Location: ………
Staff member’s first and last name: ………
Signature: ……..

THE SAFEGUARDING POLICY 2020

1. INTRODUCTION
AFRILAW’s projects and programmes in most cases involve and address the needs of vulnerable communities and groups. There is potential for abuse to take place in the context of these projects and programmes.

Through its mission, AFRILAW is well positioned to promote and ensure good practice by its staff and by with those of its partners who directly or indirectly work with Vulnerable Persons.
The aim of this policy is:

• To promote and ensure the safeguarding of Vulnerable Persons directly served by AFRILAW and its partners.
• To ensure that any abuse of Vulnerable Persons that occurs in the context of AFRILAW’s projects and programmes is reported and addressed.

2. VULNERABLE PERSONS COVERED BY THE POLICY
All children and young people below the age of eighteen years should be protected from all forms of abuse, neglect, exploitation and violence and adheres to the fundamental rights of the child as spelled out in the UN Convention on the Rights of the Child of 1989 and Nigerian Child Rights Act of 2003.
• Vulnerable adults, persons over the age of eighteen years who are unable to take care of or protect themselves against harm or exploitation for whatever reason, require particular protection.
• Both children and vulnerable adults (hereinafter referred to as the “Vulnerable Persons”) have rights as individuals and shall be treated with dignity and respect.

3. RESPONSIBILITIES
Members of the Board of Directors are responsible for:
• Ensuring adequate measures are in place to assess and address safeguarding risks.
• Putting in place adequate safeguarding policies and procedures, including relevant HR matters.
• Making sure policies and procedures are effectively applied in practice and that mechanisms are in place to provide assurance on compliance.
• Ensuring those safeguarding policies, practice, and performance are robustly and regularly reviewed to ensure they are up to date and fit for purpose.
• Actively promoting a safe culture and strong awareness of everyone’s safeguarding responsibilities.
• Taking steps to help deter and prevent safeguarding issues from occurring.
• Ensuring there are mechanisms in place to promptly identify and act upon emerging safeguarding trends or issues.
• Ensuring that serious incidents are reported to the appropriate authorities.

The Management Team is responsible for:
Ensuring the policy is implemented.
• Discussing safeguarding matters at Strategic Management Team meetings at periodic intervals to help ensure progress and address any challenges with implementing the policy and any cases arising.
• Presenting an annual safeguarding report on any instances and action taken/lessons learned to the Board.

The Admin Officer shall also operate as the Safeguarding Officer and will be responsible for:
• Ensuring awareness raising/training is undertaken for staff and stakeholders.
The Admin Officer will also be responsible for:
Ensuring that briefing on this policy is built into Induction processes.
• Ensuring all new employees receive policy training as part of their induction.
• Ensuring measures are implemented within their area of responsibility.
• Following up and addressing issues appropriately.
• Implementing the necessary protective procedures when recruiting new staff.
• Documenting who has signed the policy.
All Staff are responsible for:
• Adhering to this policy and the Code of Conduct.
• Reporting concerns using the procedures set out in the Code of Conduct.

4. CONTEXT
AFRILAW expects a commitment and action by its staff and all stakeholders at national and international levels, to stop and prevent abuse of vulnerable persons.
a. Abuse is any behavior towards a person that causes harm, endangers life or violates rights. Examples of abuse include:
I. Physical abuse.
II. Sexual abuse.
III. Sexual exploitation including:
i. Sexual relations with a person below the age of 18 regardless of the ageof consent.
ii. Use of prostitutes even if locally legal.
IV. Commercial exploitation, including child labour and modern slavery.
V. Financial or material – stealing or denying access to money or possessions, expecting favours of any kind in exchange AFRILAW assets or involvement in a project.
VI. Emotional abuse.
VII. Neglect and negligent treatment;
VIII. Discrimination – abuse motivated by discriminatory attitudes towards age, race, religion, gender, disability, sexual orientation or cultural background.
Promoting and ensuring the protection of Vulnerable Persons from abuse and exploitation is an important element of AFRILAW’s mission.

5. PROTECTING VULNERABLE PEOPLE
a. AFRILAW staff, Board members, volunteers and contractors (refer to as “staff” hereafter) shall adhere to the following principles:

I. All Vulnerable Persons have rights as individuals, without discrimination of any kind and irrespective of race, colour, sex, gender, language, religion, political opinion, national, ethnic or social origin, property, disability, sexual orientation, birth or other status.
II. All Vulnerable Persons have equal rights to protection from abuse and exploitation.
III. All Vulnerable Persons shall be encouraged to fulfill their potential and inequalities shall be challenged.
IV. The welfare of Vulnerable Persons should be safeguarded and promoted.
V. Everybody has a responsibility to support the care and protection of Vulnerable Persons.
VI. AFRILAW has a particular duty of care to Vulnerable Persons with whom they work and come into contact with and with whom their representatives work.
VII. AFRILAW works through partners they have a responsibility to meet minimum standards of protection for the Vulnerable Persons involved in their partners’ programmes.
VIII. Recognition of the importance of working in partnership with AFRILAW’s Partners in the protection of Vulnerable Persons.
IX. AFRILAW Staff will be viewed as representatives of AFRILAW even when not in working hours and their responsibility to act in accordance with this policy therefore applies at all time.

b. AFRILAW staff shall strive to make AFRILAW’s activities safe and create a caring environment(s) for all people, and in particular Vulnerable Persons.

A Caring Environment here refers to one:
I. In which the health, safety and welfare of Vulnerable Persons have been assessed and catered for; in which staff are aware of the possibility of abuse and take reasonable measures to prevent that possibility; and
II. Where there is a sound and known reporting system for any incident.
c. Activities undertaken by AFRILAW shall be planned, organized and delivered in accordance with the principles of AFRILAW’s Policy for Safeguarding of Vulnerable Persons.

6. PARTNERS
AFRILAW will advance the protection of Vulnerable Persons, where possible, through its relationships with its partners, taking into account the particularities of the development context in which AFRILAW operates.

AFRILAW expects its partners to pursue their work in the same spirit and create a Caring Environment for Vulnerable Persons.
AFRILAW expects partners who work directly with Vulnerable Persons to develop an appropriate code of conduct that identifies the types of prohibited conduct that would cause abuse to Vulnerable Persons and which provides guidance for their staff to avoid any acts of abuse against Vulnerable Persons.

AFRILAW therefore will:
a. Implement in its template for agreements with partners, consultants and service providers or grantees (together “AFRILAW partners”) a clause, which aims to ensure the adherence of AFRILAW’s partners to this Policy for Safeguarding of Vulnerable Persons. The clause shall read as follows:

“AFRILAW believes that all vulnerable persons, meaning children below the age of eighteen years and vulnerable adults, require protection from all forms of abuse and exploitation.

Wishing to promote and ensure the highest standards in this regard, AFRILAW expects the Recipient [the consultant/ the service provider] to adhere to its Policy for Safeguarding of Vulnerable Persons and to promote the values and standards laid down in this Policy in its work.”
b. Actively promote its Policy for Safeguarding of Vulnerable Persons by making the Policy publicly available through the AFRILAW website (www.afrilaw.org); and
c. Provide relevant guidance to AFRILAW’s partners, aimed at the safeguarding of Vulnerable Persons.

7. PROCEDURE
a. AFRILAW expects its staff to be alert to signs that may suggest a Vulnerable Person is at risk of abuse or exploitation, and also expects its partners to adopt the same approach.
b. AFRILAW shall treat any allegation or concern regarding the abuse of a Vulnerable Person seriously.
c. The reporting procedure outlined below shall be followed strictly by AFRILAW staff. In following the reporting procedure, particular care shall be taken with regard to an individual’s right to privacy and confidentiality when information is shared with appropriate people in the course of following up an allegation.
d. To facilitate reporting, AFRILAW’s Admin Officer shall also double as a Safeguarding Officer, and will be responsible for ensuring that the Policy for the Safeguarding of Vulnerable Persons is implemented and followed.

The role of the Admin Officer now doubling as the Safeguarding Officer is to:
I. Receive and register reports of abuse of Vulnerable Persons from AFRILAW staff or its project and programmes partners and beneficiaries including from community members, individuals and groups.
II. Collect additional information as appropriate.
III. Assess risk.
IV. Consult with AFRILAW’s leadership, and Programme Coordinator/Director as appropriate.
V. When appropriate, consult with external organizations’ including partners, local agencies, and community leaders.
VI. Make a formal referral if appropriate to AFRILAW Executive Director.

e. If any of the following incident so occur, an AFRILAW staff member must make a report to the Admin Officer (herein referred to as Safeguarding Officer):
I. Abuse is observed or suspected.
II. An allegation of abuse is made.
III. A Vulnerable Person discloses abuse.
IV. A complaint is made about the possible abuse or exploitation of a Vulnerable Person by an AFRILAW staff member or project and programmes partners and beneficiaries including from community members, individuals and groups.

Upon receipt of the report, the Safeguarding Officer shall act as appropriate, following the reporting procedure as outlined above.
f. AFRILAW staff working on project development or monitoring have to be alert to possibilities of the abuse and exploitation of Vulnerable Persons. If such abuse or exploitation isobserved, it is the duty of AFRILAW staff to inform the Safeguarding Officer. The staff member should not attempt to investigate the allegation or to discuss it further other than with the Safeguarding Officer who is responsible for further investigation and, if necessary, referral to the police and/or appropriate local authority in the jurisdiction where the reported incident has or may have taken place.
g. AFRILAW expects its’ partners to develop and implement a relevant protection and reporting procedure, in line with the size and complexity of their organisation, based on relevant risk assessment and in observation of the international standards, as promoted.
h. Where an AFRILAW project or programmes includes working directly with vulnerable persons (e.g. young people taking part in a workshop), a risk assessment must be carried out in advance and approved by a member of staff. This will include factors such as travel to/from the event; the need for chaperones; safe spaces; access to washrooms and parental consent.

8. REPORTING ABUSE
The Safeguarding Officer, after being informed of an allegation, will make a preliminary assessment and determine the course of action appropriate to the seriousness of the alleged offence. As a matter of principle, once it is decided that an alleged abuse needs to be investigated, then the Safeguarding Officer will disclose all relevant information to the Executive Director.

The following are key steps in any process to substantiate any reported allegations:

a. Investigate
The Safeguarding Officer will consult with the Programme Managers and Officers as appropriate; if the abuse occurred within the context of a project, the relevant programme lead will be consulted.
The allegation will be investigated and the individual(s) concerned informed of the allegations against him or her, and the course of action to be taken. At the same time, the Safeguarding Officer will ensure that all information in the possession of the individual suspected is secured for investigation.
If appropriate, during the investigation period, the individual alleged to have committed the abuse maybe taken out of his/her position. This may mean the individual is put into another position, put on leave with pay or suspended without pay.

b. Collect evidence
Depending on the magnitude and the complexity of the offense, investigations will be carried out by the Executive Director or where appropriate, involvement of external parties deemed can be approved by the Board of Directors.

c. Report
Ensuring a report is issued on a timely basis detailing the findings and conclusions of the investigation including recommendations for action to be taken. The report will only be disclosed to the Executive Director and Board of Directors, and others with a need to know. This is important to avoid damaging the reputation of those suspected of wrong doing and subsequently found innocent.

9. ACTION
In all cases the course of action will be determined in consultation with the members of the Board of Directors.

PREVENTION
a. AFRILAW will follow preventative measures to make the workplace and its projects and programmes safe for vulnerable people. Such measures will also protect staff and the reputation of the organisation.
b. AFRILAW will also encourage its Partners to adopt the highest possible standards in accordance with the scope of their operations and structure.
c. AFRILAW will ensure that all its staff and partners working directly with Vulnerable Persons and, in particular, with children, introduce a system of checks when recruiting new staff that considers the following if appropriate:
I. The same standards should be applied for paid, non-paid, short-term or permanent staff.
II. When a new job is being designed, the role and the issues of child and vulnerable adult protection and risk in that job shall be carefully considered:
i. What contact with children or vulnerable adults will the job involve?
ii. Will the employee have unsupervised access to children or vulnerable adults, or hold a position of trust?
iii. What other sort of contact may the person have with children or vulnerable adults (e.g. via email, telephone, letter, Internet)?
III. Making clear in job descriptions, terms of reference/role briefs for all posts (including where short-term contracts or consultants are being recruited) –whether the role includes any specific responsibility for working with Vulnerable Persons and for safeguarding.
IV. For all positions, the selection criteria will include the need to understand and abide by AFRILAW’s organizational policies and values.
V. Where relevant, the selection criteria shall outline the relevant experience needed and:
i. Application forms that ask for consent to gain information on a person’s past convictions/pending disciplinary proceedings shall be developed and documentation to confirm identity and proof of relevant qualifications shall be requested, this is applicable for roles that involve safeguarding issues.
ii. The interview process shall be well planned and the interviewers have the relevant experience and knowledge about child and vulnerable adult protection and best practice and how to question the candidate appropriately to elicit responses on this subject.
VI. Up to two employment-based references including the most recent employer shall be taken and the identity of referees shall be verified by ensuring that references are received on headed paper or company email addresses. Questions should be asked regarding conduct as well as job performance. Where the post holder will have responsibility for working with children or vulnerable adults, the reference request will include a particular question regarding the suitability of the candidate to work with this group.
VII. As many background checks as possible shall be conducted.
VIII. The use of probationary periods of employment to ensure suitability once in post shall be considered.
d. Staff and partners working directly with Vulnerable Persons and, in particular, with children, should assess the possible ways that children come into communication contact with staff, and to decide what procedures they need to follow to prevent possible abuse through digital communication such as SMS text, email, internet chat rooms, photo phones, digital cameras etc.
e. AFRILAW and partners working directly or indirectly with Vulnerable Persons, and in particular with children, will foster and implement guidance for staff responsible for events/activities involving children in a development context.

10. SELF-ASSESSMENT TOOLKIT FOR CHILD PROTECTION
AFRILAW expects its staff, partners and in particular those working directly with children, to use the Civil Society Challenge Fund (CSCF) Child Protection Self Audit Toolkit to assist in good project design and delivery. This toolkit is annexed to this Policy as Annex 1.

10. ANNEX 1 CHILD PROTECTION
The list below provides additional standards to support effective child protection and will assist staff and partners when working with children and young people.

Children and the Organization

AFRILAW and its local partners are very clear about its responsibility to protect children and make this known to all who come into contact with them.

The way staff and local partners behave towards children suggests that they are committed to protecting children from abuse.

There is good awareness of the UN Convention of the Rights of the Child (UNCRC) and Child Rights Act of 2003 and this is seen as a basis for child protection in the organisation.

Managers and senior staff ensure that children are listened to and consulted and that their rights are met.

AFRILAW and its local partners make it clear that all children have equal rights to protection.

The organization and its local partners manage children’s
behaviour in ways which are non-violent and do not degrade or humiliate children.

Policies and procedures that help keep children and young people safe:
1 AFRILAW and its local partners have a written child protection policy or some clear arrangements to make sure that children are kept safe from harm.
2. The policy or arrangements are approved and endorsed by the relevant management body (e.g. senior management, board, executive, and committee).
3. The policy or arrangements have to be followed by everyone.
4. There are clear child protection procedures in place that provide step-by-step guidance on what action to take if there are concerns about a child’s safety or welfare.
4. There is a named child protection person/s with clearly defined role and responsibilities.
5. The child protection procedures also take account of local circumstances.
6. There is a named child protection person/s with clearly defined role and responsibilities.

Preventing harm to children and young people
1. There are policies and procedures or agreed ways of recruiting staff and for assessing their suitability to work with children, including where possible police and reference checks.
2. There are written guidelines for behaviour or some way of describing to staff and local partners what behaviour is acceptable and unacceptable especially when it comes to contact with children.
3. The consequences of breaking the guidelines on behavior are clear and linked to organisational disciplinary procedures.
4. Guidance exists on appropriate use of information technology such as the Internet, websites, digital cameras etc. to ensure that children are not put at risk.
5. Where there is direct responsibility for running/providing activities, including residential care, children are adequately supervised and protected at all times.
6. There are well-publicised ways in which staff can raise concerns, confidentially if necessary, about unacceptable behaviour by other staff or representatives.

Implementation and training
1. There is clear guidance to staff, local partners and other organisations (including funding organisations) on how children will be kept safe.
2. Child protection must be applied in ways that are culturally sensitive but without condoning acts tha tare harmful to children.
3. There is a written plan showing what steps will be taken to keep children safe.
4. All members of staff and volunteers in the organization and its local partners have training on child protection which includes an introduction to the organisations’ child protection policy and procedures where these exist.
5. All members of staff and local partners are provided with opportunities to learn about how to recognize and respond to concerns about child abuse.
6. Work has been undertaken with all local partners to agree good practice expectations based on these standards.

Information and Communication
1. Children are made aware of their right to be safe from abuse.
2. Everyone in the organization and the local partners know which named staff Member has special responsibilities for keeping children safe and how to contact them.
3. Contact details are readily available for local child protection resources, safe places, national authorities and emergency medical help.
4. Children are provided with information on where to go to for help and advice in relation to abuse, harassment and bullying.
5. Contacts are established at a national and/or local level with the relevant child protection/welfare agencies as appropriate.
6. Staff members with special responsibilities for keeping children safe have access to specialist advice, support and information.

Monitoring and Review
1. Arrangements are in place to monitor compliance with child protection measures put in place by the organisation.
2. Steps are taken to regularly ask children and parents/careers their views on policies and practices aimed at keeping children safe the effectiveness of these.
3. The organization uses the experience of operating child protection to influence policy and practice development.
4. All incidents, allegations of abuse and complaints are recorded and monitored.
5. Policies and practices are reviewed at regular intervals, ideally at least every three years.
6. Children and parents/care givers are consulted as part of these reviews of safeguarding policies and practices.
Adapted from Keeping Children Safe

AFRILAW RECORD RETENTION AND DESTRUCTION POLICIES 2022

Purpose of Policies
These policies provide for the systematic review, retention and destruction of records received or created by AFRILAW in connection with the transaction of business.

These policies cover all records, regardless of physical form, contain guidelines for how long certain records should be kept and how records should be destroyed.

These policies are designed to ensure compliance with federal and state laws and regulations, to eliminate accidental or innocent destruction of records and to facilitate AFRILAW’s operations by promoting efficiency and freeing up valuable storage space.

II. Records Covered
These policies apply to all records in any form, including electronic documents.

A record is any material that contains information about AFRILAW’s plans, results, policies or performance. Anything that can be represented with words or numbers is a business record for purposes of these policies.

Electronic documents must be retained as if they were paper documents. Therefore, any electronic files, including information received on line, that fall into one of the document types on the schedule must be maintained for the appropriate amount of time. [For example, if a user has sufficient reason to keep an email message, the message should be printed in hard copy and kept in the appropriate file or moved to an “archive” computer file folder.] [Backup and recovery methods will be tested on a regular basis.]

III. Record Retention
AFRILAW follows the document retention procedures outlined below. Documents that are not listed, but are substantially similar to those listed in the schedule will be retained for the appropriate length of time.

A. Permanent Retention
Permanent records—Permanent records are records required by law to be permanently retained and which are ineligible for destruction at any time for any reason. These records are necessary for the continuity of business and the protection of the rights and interests of the organization and of individuals. These include records such as organizational documents (Articles of Incorporation and Bylaws), Board minutes and policies, federal and state tax exempt status and independent audits.

No record, whether or not referenced, may be destroyed if in any way the records refer to, concern, arise out of or in any other way are involved in pending or threatened litigation.

While the listings below contain commonly recognized categories of records, the list should not be considered as having identified all records that AFRILAW may need to consider for permanent and non-permanent status. In particular, and as noted above, any documents that are, or may be involved in pending or threatened litigation, must be retained. The legal counsel should be asked to assist in determining what records must be retained.

Corporate Records – Permanent
Annual Management Reports
Annual Projects and Programme Reports
Articles of Incorporation/Certificate of Registration
Board Meeting and Board Committee Minutes Board Policies/Resolutions
By-laws
Construction Documents Fixed Asset Records
CAC Annual Returns
Tax-Exemption Certificate

Accounting and Corporate Tax Records – Permanent
Annual Audits and Financial Statements Depreciation Schedules
General Ledgers
PAYE/Withholding Tax Returns

Bank Records Permanent
Check Registers

Payroll and Employee Tax Records – Permanent
Payroll Registers
PAYE Tax Records
Employee Records – Permanent
Employment and Termination Agreements B. Nonpermanent retention

Retirement and Pension Plan Documents

Legal, Insurance and Safety Records – Permanent
Appraisals
Copyright Registrations Environmental Studies Insurance Policies
Real Estate Documents Stock and Bond Records Trademark Registrations

B. Non-permanent retention
Non-permanent records—Certain records are not required by law to be permanently retained and may be destroyed after the passage of certain years or upon the passing of events as defined by these policies.
Notwithstanding the listing of documents below, no record, whether or not referenced may be destroyed if in any way the records refer to, concern, arise out of or in any other way are involved in pending or threatened litigation.

Corporate Records
Contracts (after expiration) 7 years Correspondence (general) 3 years

Accounting and Corporate Tax Records
Office Expense Records 7 years
Projects and Programme Expense Records 7 years
Journal Entries 7 years
Invoices 7 years
Sales Records (box office, concessions, gift shop) 5 years Petty Cash Vouchers 3 years
Cash Receipts 3 years
Credit Card Receipts 3 years

Bank Records
Bank Deposit Slips 7 years
Bank Statements and Reconciliation 7 years

Electronic Fund Transfer Documents 7 years

Payroll and Employment Tax Records
Earnings Records 7 years
Payroll/PAYE Tax returns 7 years

Employee Records
Records Relating to Promotion, Demotion or Discharge 7 years after termination.
Accident Reports and Worker’s Compensation Records 5 years after termination of claim
Salary Schedules 5 years Employment Applications 3 years
Time Sheets/Cards 2 years

Legal, Insurance and Safety Records
Donor Records and Acknowledgement Letters 7 years Grant Applications and Contracts 5 years after completion Leases 6 years after expiration
General Contracts 4 years after termination

IV. Emergency Planning
AFRILAW’s records will be stored in a safe, secure and accessible manner. All documents and financial files that are essential to keeping AFRILAW operating in an emergency will be duplicated or backed up at least every week and maintained off site. All other documents and financial files will be duplicated or backed up periodically as identified by the Operations/Administrative Manager or other person as designated by the Executive Director and maintained off-site.

VI. Document Destruction
AFRILAW’s Executive Director or other person as designated by the Executive Director is responsible for the ongoing process of identifying its records which have met the required retention period and overseeing their destruction. Destruction of financial and personnel-related documents will be accomplished by shredding.
Document destruction will be suspended immediately, upon any indication of an official investigation or when a lawsuit is filed or appears imminent. Destruction will be reinstated upon conclusion of the investigation or claim, whichever is latest.

VII. Compliance
Failure on the part of employees to follow this policy can result in possible civil and criminal sanctions against AFRILAW and its employees and possible disciplinary action against responsible individuals. The Executive Director or individual designated by the Executive Director and Operation/Administrative Manager will periodically review these procedures with legal counsel or the organization’s certified public accountant to ensure that they are in compliance with new or revised regulations.

Questions concerning these policies, the applicability of certain records to the retention or destruction policies, must be addressed to the Operation/Administrative Manager or other individual as designated by the Executive Director.

AFRILAW Anti-Fraud and Corruption Policy 2019

Table of Contents
1. Policy Statement …………………………………………………………………………………………2 2. Content of Policy ………………………………………………………………………………………. 3 2. 1. Purpose of this policy………………………………………………………………………………..3 2.2. Scope and Definition………………………………………………………………………………… 3 3. Reporting Fraud and Corruption …………………………………………………………………..5 4. Roles Responsibilities …………………………………………………………………………………..6 4.6. Associated Policies and Procedures ………………………………………………………….8 4.6. Monitoring and Review ……………………………………………………………………………..9

Policy Statement

AFRILAW does not tolerate fraud and corruption and is committed to ensuring that its systems, procedures and practices reduce the risk of occurrences to an absolute minimum. Fraud and corruption comprise acts of fraud, theft, bribery, nepotism, money laundering, terrorism financing, abuse of an undeclared conflict of interest, counterfeit money, cyber-crime, extortion and other forms of financial crime.

Suspected or actual cases will be vigorously and promptly investigated and appropriate action will be taken including reporting to authorities. We will make changes according to the findings of investigations and reviews, and incorporate risks arising from said investigations into our strategic risk management. There is an AFRILAW AntiFraud and Corruption Strategy to drive the deterrence, prevention, detection, investigation and redress of fraud and corruption and we will implement its contents.

Failure by any member of staff, consultant or volunteer to follow this policy may be treated as a disciplinary matter and may result in disciplinary actions including dismissal.

Okereke Chinwike ESQ.
Founder/CEO, AFRILAW
15.12.2019

Content of Policy
1. Purpose of this Policy:
1. To establish confederation wide minimum standards in fighting fraud and corruption;
2. To fulfil the obligation of AFRILAW as set down by Regulators, Donors and Board of Directors;
3. To document what AFRILAW considers as fraudulent and corrupt practices; and
4. To outline the procedures and accountabilities that will assist AFRILAW in preventing fraud and corruption in an efficient and cost-effective manner.

2. Scope and Definition Scope: The policy applies to all AFRILAW Board members, Directors, staff, consultants, volunteers including trading staff, fundraising staff, and invited visitors residing, working and/or travelling on behalf of AFRILAW. This policy extends to cover all AFRILAW‟s funds, assets or stock being used by an external person, such as a “partner” organisation, consultant or a contractor or any third party by way of contract or other means.

“Corruption‟ is abuse of power for private gain. In this policy, it is used to describe financial abuse which refers to acts of fraud, nepotism, money laundering, terrorism financing, bribery and any other form of financial abuse of power.

Institutional donors may impose standards of due diligence or reporting which lie outside the scope of this policy.

Responsibilities: All AFRILAW Board members, Directors, staff, consultants and volunteers have responsibilities to reduce AFRILAW‟s losses to corruption to an absolute minimum and to report it when they suspect it. It is the responsibility of all AFRILAW managers to ensure the delivery of this policy and to promote it as relevant in all aspects of their work, to hold themselves and others to account and to help create a safe environment for all. 

Investigation: For the purpose of this policy investigation is taken to mean any form of response aimed to prove or disprove an allegation as guided by the AFRILAW Corruption Investigation Toolkit.

3. Reporting Fraud and Corruption

3.1 Internal Reporting
If anyone covered by this policy suspects that AFRILAW‟s funds, assets or stock have been, are, or will be lost through corruption, they must report it ultimately without delay to the respective affiliate‟s unit or team responsible for fraud and corruption.
1) The Programme Officer/Programme Assistance directly to the Programme Manager or 2) Programme Manager directly to the Executive Director or 3) Directly through the whistleblowing or reporting channel to the Board of Directors.

3.2 Protection of Confidential Reporters: There will be no recriminations against staff or volunteers who confidentially report reasonably held suspicions, and victimising or deterring staff from reporting concerns will be treated as a disciplinary matter. Equally however, abuse of the process by raising malicious allegations will also be regarded as a disciplinary matter. It is the responsibility of all managers to take reasonable steps to protect those who report suspicions.

3.3. External Reporting

3.3.1. Case Referral: AFRILAW will refer cases of corruption to criminal judicial bodies such as the police or its equivalent. When we make exceptions, this will be on an infrequent basis with a clear written rationale and consent of Board of Director Chairperson and Executive Director.

3.3.2. Reporting to Donors and Regulators: AFRILAW will follow the misconduct reporting standard operating procedures in reporting to donors and regulators. All staff must adhere to the standardized reporting procedures.

3.4. Responding to Fraud and Corruption Suspicions: Where such a suspicion is reported, AFRILAW will respond by following the response principles set out in AFRILAW‟s Anti-Fraud and Corruption strategy. Investigations will be carried out.
Where concern arises that a suspicion may not have been managed correctly, the response to that suspicion will be independently reviewed.

3.5. Bribery: The payment of bribes is not permitted. Bribes paid by third parties on behalf of AFRILAW may put AFRILAW at risk. Bribery covers transactions with employees and representatives of private organisations as well as with public officials. Behaviour which amounts to bribery includes the following: payment of facilitation fees, kickbacks, and; favours, gifts or hospitality that are given with the intention to influence someone, to improperly perform a function or activity, or to obtain an undue advantage.

Gifts and hospitality should not be accepted from external parties or as reward for work undertaken on behalf of AFRILAW; where received they must be declared in writing to the relevant line manager and where possible handed back to AFRILAW. Offers of gifts and hospitality to third parties by AFRILAW staff must also be declared to the relevant line manager.

AFRILAW commits to fight bribery by following the adequate procedures set out below: 1) Implement procedures proportionate to the bribery risk identified, 2) Conducting a bribery risk assessment of the operations, 3) Demonstrate top level commitment against the risk of bribery, 4) Conduct adequate and proportionate due diligence on third party service providers and staff in line with key risks, 5) Communicate procedures embedded to fight bribery, 6) Implement and evaluate the effectiveness of the bribery prevention procedures These procedures also prevent other types of corruption besides bribery.

4. Roles Responsibilities
4.1. Board of Directors:

1. Ensuring that reasonable steps are taken to prevent fraud and corruption of AFRILAW‟s funds and that proper, robust financial controls and procedures suitable for AFRILAW‟s activity are in place;
2. Ensuring that AFRILAW managers and directors act responsibly and in the interests of AFRILAW when dealing with suspected financial abuse, and that anti-fraud and corruption work is quality-assured;
3. Authorising, reviewing and monitoring the implementation of the AFRILAW Anti-Fraud and Corruption Strategy;
4. Ensuring adequate resources are allocated to tackle the risk of fraud and corruption; and
5. Ensuring reporting to authorities is done as required.

4.2. Chief Executive:
1. Act with integrity, in line with the policy and Anti-Fraud and Corruption strategy and maintain the right tone at the top that will foster an anti-corruption culture;
2. Ensure the effective control and reduction of the risk of fraud and corrupt practices across the organisation as dictated by the Board;
3. Delegate the day-to-day management of this Policy and associated procedures to line management;
4. Liaise with external entities such as government, media and industry bodies as required;
5. Allocate adequate resources to implement the requirements of the policy;
6. Promote and driving the implementation of the Anti-Fraud and Corruption Strategy in the organization;
7. Facilitating an effective response to incidents in line with the agreed response principles; and
8. Ensuring implementation of a management action plan post incident.

4.3. All Managers:
Managers are responsible and accountable for managing the risk of fraud and corruption in their units. They may do this by:

1. Act with integrity, in line with the policy and anti-fraud and corruption strategy and maintain the right tone at the top that will foster an anti-corruption culture;
2. Ensuring that there are adequate, appropriate and robust internal controls in place to make sure all funds, assets and stock are accounted for and spent in line with AFRILAW‟s aims;
3. Keeping proper and adequate business and financial records for both the receipt and use of all funds together with audit trails of decisions made;
4. Taking any necessary action to protect AFRILAW‟s funds, assets and stocks and reduce losses to an absolute minimum;
5. Acting responsibly within the interests of AFRILAW and in line with the principles of response set out in the AFRILAW‟s Anti-Corruption strategy if a suspicion occurs;
6. Ensuring that fraud and corruption risk is regularly assessed and included in strategic risk management documents;
7. Follow the requirements of the Anti-Corruption Strategy;
8. Taking lead in creating an anti-corruption culture by ensuring all staff have taken an anti- corruption induction; and
9. Engaging with the Risk unit or relevant anti-corruption units to facilitate the diligent completion of these duties.

4.4. All Staff, Consultants and Volunteers:
1. Deterring, preventing and detecting suspected losses to fraud and corruption;
2. Adhere to controls and procedures set to prevent fraud and corruption;
3. Reporting any suspicions of fraud and corruption in line with the requirements of this policy;
4. Co-operating with investigations as required; and
5. Understand and comply with this policy.

4.5. AFRILAW Partners and Third party contractors (“Associated Persons”):
1. Must not offer or accept bribes – including facilitation payments – on AFRILAW‟s behalf or in furtherance of, or completion of, any contract entered into with AFRILAW.
2. Report any suspected or confirmed fraudulent or corrupt acts involving AFRILAW funds as required by this policy and the partner Agreement;
3. Have effective control procedures in place to reduce the opportunity of fraud and corruption; and
4. Respond to fraud and corruption incidences reported to them whilst upholding the principles of response set out on the AFRILAW Anti-Corruption Strategy.

4.6. Oversight:
The Board of Directors will be responsible for facilitating and monitoring the effective implementation of this policy across the affiliates. AFRILAW will establish performance indicators and put in place monitoring systems to measure its performance at implementing this policy. AFRILAW will effectively communicate this policy all its staff, volunteers and contractors. This policy is subject to automatic review every three years or within that period as required by legislation or experience.

 

AFRILAW Procurement and Contract Management Policy 2018
AFRILAW Procurement and Contract Managemnt Policy. Version Control: I, approved by AFRILAW’S Board of Directors on December 2019: Review 2022.

Table of Contents
1. Introduction and Purpose………………………………………………………….2
2. Objectives and Role of AFRILAW Procurement Team When to Involve Procurement and Facilities…………………………………………………………5
3. Procurement Policy Compliance Thresholds………………………………….. 5
4. Responsibilities, Authority Levels and Delegation……………………………. 7
5. Cost Management and Reduction………………………………………………. 8
6. Pricing and Value……………………………………………………………………. 8
7. Risk and Insurance…………………………………………………………………… 9
8. Administration/Record Keeping and Audit…………………………………….. 9
9. Ethics / Impartiality / Confidentiality……………………………………………. 10
10. Courtesy……………………………………………………………………………… 11
11. Commercial Confidentiality /Non Disclosure…………………………………. 11

1. INTRODUCTION AND PURPOSE
1.1 . SCOPE AND APPLICATION – COMPULSORY ACTIVITY
This policy applies to procurement of goods, contracts, products, works, projects, advisory / consulting and services, regardless of source of funding. All staff involved in procurement or authorising of goods and services must comply. Specific processes and procedures are provided in a separate document. Managers are expected to use good business judgement, common sense, intelligent decision making and exercise caution when making purchases. Areas not covered, must be referred, and no manager can adopt a different role, methodology or deviate from policy due to local restriction or unusual sets of circumstances without specific written approval from Executive Director.

1.2 POLICY OVERVIEW, PURPOSE AND GENERAL PRINCIPLES
AFRILAW is very mindful of its reputation, social, institutional, political and community influence. At the heart of our policy are our values, charitable ethos and ethics. Compliance to AFRILAW code of conduct is compulsory by all employees, volunteers, associates, contractor’s, consultants and business partners. They must protect AFRILAW’s good name, perform their duties, act appropriately in their dealings and not compromise AFRILAW’s position of trust, honesty and integrity. The policy ensures control of expense and cost effective procurement, but also provides a level of strategic freedom and local initiative through divisional choice within a devolved budgetary system.

The Objectives are:

1.1.1. Fulfil our Mission: To enable AFRILAW to deliver maximum resources to front line programmes and actvities;

1.1.2. Value for Money: To reduce and control AFRILAW cost base through decentralised decision making underpinned by a strong centralised support service;

1.1.3. Corporate Social Responsibility and Ethical Trading: To adhere to appropriate legislation, government regulations and AFRILAW policies and environmental values; 

1.1.4. Demonstrate Effectiveness: To track and record activity in a clear and transparent manner to prove to funders, donors and partners, we have achieved due diligence and designated outcomes.

1.3 BEST VALUE TO AFRILAW AT ALL TIMES
Procurement principles are designed to obtain best value for AFRILAW in our trading and buying activity. Best value is far more than cheapest price; it balances product/service quality, longstanding relationship, best fit with AFRILAW needs and long term value. Employees are expected to act in the best interests of AFRILAW at all times. Any gains from trading activity must benefit AFRILAW. No personal benefit (beyond the use of the service itself) to an individual is expected.

1.4 CONSOLIDATION OF CONTRACTORS AND SUPPLIERS
AFRILAW will consolidate services/goods and contract providers to reduce the number of orders, invoices, and administration, as well as attract greater discount. We will create a limited set of advisors and consultants who understand AFRILAW culture giving them in-house expertise, reducing the time taken to familiarise themselves with AFRILAW ethos and operating methodology and thus reduce the time to complete the contract. Selection will be based upon merit, compliance with specifications, terms and conditions, delivery and fulfilment, quality, and capacity to perform adequately. Competitive bidding will be used to drive pricing down from rival bidders. Suppliers will be regularly re-evaluated by local managers alongside the Procurement Team.

1.5 REQUEST TO CHANGE POLICY AND LOCAL EXCEPTIONS
Every attempt has been made to ensure compliance and conformance to specific Country requirements. AFRILAW global policy should incorporate and respect country specific political legislation, statutory laws and regulatory environments. AFRILAW country managers must familiarise themselves with local legal issues, interpret AFRILAW policies and place them in the context of the local operating environment. Any areas not covered by policy, including areas of conflict or domestic preference stated by a donor or beneficiary, must be advised to the Procurement Team to approve any local amendments. This must be done prior to taking any unilateral action contrary to policy. The same applies to procedures with a detrimental effect on operational or organisational objectives.

2. OBJECTIVES AND ROLE OF AFRILAW PROCUREMENT TEAM WHEN TO INVOLVE PROCUREMENT AND FACILITIES
Reporting directly to the Executive Director, the AFRILAW Procurement Team has multiple functions, including support, advise, compliance, research, planning, reporting, assessment and market place evaluations. Where purchasing is straightforward and common sense they will act as a guide and resource support to establish proper process. In more complex situations, or where value and scale are great, they will lead the process, have a prominent role or take joint responsibility. It is the Finance Officer’s responsibility to undertake the initial evaluation, analysis and justification of the purchasing project or activity, including the estimated cost, review of cost benefits, justification of revenue or capital expenditure and impacts on operations resourcing. However, they may seek advice and estimated figures/contract cost to help build the business case for presentation and authority. Each project has a logical point of engagement with the procurement team; it can only be defined within operational context. Once authority is received and the expenditure approved, it is for the country management team to identify that point and liaise at the earliest possible stage in the decision making process to jointly agree the roles and responsibilities.

3. PROCUREMENT POLICY COMPLIANCE THRESHOLDS
3.1.1. UNDER $50 OR LOCAL EQUIVALENT (OFF THE SHELF GOODS) 3.1.2. Finance Officer Minimum Number of Quotations: 1 Small value goods can cost more in administration and management resource to review through a procurement process – such goods can be noted and agreed in advance with Finance Officer. The organization must consolidate requirements, placing a minimum order above $50 to gain better price and economies of scale.
3.1.3. DIRECT CONTRACTING / ONGOING PURCHASES

Authority Level: Finance Officer liaising with the Procurement Team can agree to a contracting without competitive bid or marketplace benchmarking. An existing arrangement can be extended due to standardisation / compatibility with existing equipment / proprietary equipment obtainable from only one source, essential equipment related to health and safety or insistence of  equipment or services by a government (a force account) as the only practical choice of supplier. Such agreements require clear rationale and detailed justification.

Authority Level: Finance Officer liaising with the Procurement Team must obtain quotations by telephone / email / face-to-face meeting. Verbal quotations must be verified in writing. Sufficient detail must be obtained, to avoid additional cost (e.g. delivery) without prior agreement. A record of the quotes, analysis and comprehensive bid summary must be saved to a Procurement and Contract folder/file.

3.1.5 INFORMAL QUOTATION (PURCHASES UNDER $2000)
Authority Level: Finance Officer liaising with the Procurement Team must obtain sufficient detail, to avoid additional costs (e.g. delivery) without prior agreement. A record of the quotes, analysis and comprehensive bid summary must be saved to a Procurement and Contract folder/file.

3.1.6. QUOTATION (PURCHASES BETWEEN $2000 AND $5,000) Authority Level: Finance Officer liaising with the Procurement Team must obtain a formal, written, request for information (RFI) or quotation must be made and all suppliers given the same details. Quotations must be submitted on the prospective supplier’s company stationery. A record of the quotes, analysis and comprehensive bid summary must be saved to Procurement and Contract folder/file.

3.1.7 TENDERING (PURCHASES OF 5,000 AND ABOVE) Authority Level: Finance Officer liaising with the Procurement Team must obtain a formal strategic tender process. The Procurement Team may decide to run a tender process under this value to satisfy specific requirements, where the impact is wider than a single department, or where a donor is sensitive. AFRILAW does not enforce a sealed tender process (unopened until the deadline), however this is often the most transparent method. It is also important to check whether this may be a compulsory requirement of the donor providing the purchasing funds. Full support and guidance is provided via the Procurement Team.

3.1.8 CALL OFF CONTRACTS AND FRAMEWORK AGREEMENTS These provide goods or services at pre-negotiated rates, without needing quotation or negotiation. They have already been subject to competitive tendering in agreement with or by the Procurement Team. They must be used in preference to any other arrangement and orders may be placed directly with the supplier.

4. RESPONSIBILITIES, AUTHORITY LEVELS AND DELEGATION
4.1 CONSEQUENCE OF NON COMPLIANCE. Any AFRILAW employee exceeding authority or spending limits will be subject to scrutiny by the Procurement Team and recommendations will be provided to the Finance Officer. Failure to adhere to policy, use contracted suppliers or conduct an appropriate competitive tender processes will result in:

2. An initial warning with a reminder to utilise the contracted supplier in the future.
3. On a second occurrence, disciplinary action and withdrawal of power to authorise expenditure.
Where non conforming purchases are made via personal expenditure to be reclaimed from AFRILAW, the investigation will be finalised prior to reimbursement and include comparison against the cost though centrally negotiated contract. The refund will be, at the rate that would have been paid had the contract been used. It is not permitted for staff to break down contracts for the same services or goods, into separate invoices to avoid a level of signature authority. If separate contracts are necessary and the total value exceeds the overall authority level, the manager must advise the procurement team of the total cost of the collective contract. AFRILAW will not be obliged to finance contracts which are not compliant to Policy and will terminate any deemed to have been mishandled or misallocated if the bidder makes claims that are proved to be impossible, withdraws, or is unable to meet health and safety or quality standards.

5. COST MANAGEMENT AND REDUCTION
5.1 BEST VALUE/PRICE/WHOLE LIFETIME COST
AFRILAW is committed to obtaining value for money in all procurement activities through open competition and transparency in selecting suppliers and contractors. The main criteria will value for money. Whenever the choice of supplier is not lowest cost, this must be justified in a written document attached to the contract report. Projected cost for products, equipment and services must include “lifetime” cost; warranties, servicing, maintenance, consumables and ongoing contract management. A sustainability test must review wider impacts and legacy costs (committing AFRILAW over a number of years or limiting future competitive tendering options).

5.2 NOT BUYING – SAVING MONEY AND LEASING
AFRILAW’s policy is not to spend if it is unnecessary, does not contribute to our strategy or support our operational activities. Lease contracts run over a predefined number of years with a commitment to a third party finance company. Discontinuing such an agreement may incur financial penalties equal to the full contract value. Leasing may only be used, following prior agreement from the Finance Officer and Procurement Team.

6. PRICING AND VALUE
6.1 BENCHMARKING
AFRILAW operates a combination of centralised and local purchasing appropriate to the trading environment. The procurement team will act as the coordinator for all strategic purchasing activity. Finance Officer must use central contracts where in place and are responsible for targeting suppliers and market testing to add information to the procurement team’s supplier data base. Services and goods will be benchmarked at 6 distinct levels:
6.1.1. Local: departmental or business unit purchasing.
6.1.2. Partnership sourcing / 3rd Party / consortium sourcing: Buying with other NGO / Charities.

6.1.3. Government / Local government /Agency sourcing: Using CCS In specialist / technical areas the needs of the operational department will determine the specification and the Procurement team and Finance Officer will support negotiations and arrange competitive quotes.

7. RISK AND INSURANCE
7.1 INSURANCE / INDEMNITY / GUARANTEES AND WARRANTIES

Complex contracts may require indemnity insurance/ guarantees or warranties by suppliers, in such instances, terms and types of insurance should be clearly defined.

7.2 RISK No contract should be agreed which exposes AFRILAW to financial / operational or reputational risk. It is the responsibility of the Finance Officer to liaise with Procurement team for advice.

7.3 FIRMS UNDER SANCTION/EXCLUSION
AFRILAW operates no exclusion policy in its own right. Bidding firms or countries under sanction of political or economic nature must be noted by the local management team and details advised to the procurement team for consideration and advise.

The Supplier Questionnaire is designed to capture this information, as is the Ethical Review.

8. ADMINISTRATION/RECORD KEEPING AND AUDIT
8.1. DATABASE RECORDS
The Finance Officer is responsible for ensuring written record of all contracts are maintained for audit, and all supplier details must be added to either the Office Supplier Database. Any locally held databases should mirror this information precisely. The procurement team will be the ultimate decision maker on whether change is necessary. All record must be kept for a minimum of 5 years in keeping with AFRILAW’s Archiving and Records Management Policy.
8.2. EXTERNAL INTERNAL AUDIT / TRANSPARENCY AND SCRUTINY

The audit team and procurement team will review the purchasing activity of all countries for time to time. Regular period end reviews of open purchase orders will be made and prompt actions taken to resolve and close them off.

9. ETHICS / IMPARTIALITY / CONFIDENTIALITY
9.1 CONFLICTS OF INTEREST
Staff must adhere to ethical procurement policy and anti corruption and Criminal Practices Policy relating to conflicts of interest, hospitality, inducements, gifts in kind, bribery and collusion before making purchases. Under no circumstances should AFRILAW employee accept money, fee, commission, credit, gift’s gratuities, things of value or compensation or anything that offers indirect or direct personal gain, financial benefit or attempt to secure unfair advantage. Any gift, entertainment or favour must benefit AFRILAW, and must first have written approval from the procurements and contracts manager. Professional samples, promotional materials and courtesy gifts under $5 (e.g. pencils, calendars) may be accepted. Finance Officer must immediately advise their line the Procurement team of any conflicts of interest or personal involvement of themselves, family members or friends with any provider or bidder for contacts and must discontinue trading with firms that make such offers. Impropriety will be reviewed by Procurement team and considered against staff conditions of employment. AFRILAW will terminate contracts or classify a firm ineligible as a provider, where there is evidence of conflict of interest (political, ethical, commercial or personal), fraudulent or illegal practice, misrepresentation, collusive or cartel bidding, coercive or obtrusive practice, or deliberately falsifying records.

A firm is in conflict of interest if:

1. Providing services or buying goods from an affiliate that it directly controls. Not including consultants or contractors working in a collaborative manner.
2. A firm submits two separate bids under separate title.
3. A close business or family relationship with a staff member directly involved with the tender, unless specifically reviewed and agreed by the procurement team.
4. It has conflicting organisational ethos, aims or strategies.

COURTESY

AFRILAW personnel will be courteous and polite in all dealings with suppliers and service partners. There will be no favouritism.

11. COMMERCIAL CONFIDENTIALITY /NON DISCLOSURE Details provided by or agreed with suppliers (including that relating to tenders, formats, templates, product information, costs contracts and pricing) are commercially confidential to AFRILAW and the supplier, and must not be disclosed to, discussed with copied, communicated or shared with any 3rd party. Such activities produce loss of confidence in AFRILAW, inhibit future benefits and damage supplier relationships. Suppliers must sign AFRILAW’s Mutual Non-Disclosure Agreement, binding them to maintain confidence over the materials made available to them during the tender process.

AFRILAW AID DIVERSION & REPORTING POLICY 2022

1. Introduction
African Law Foundation (AFRILAW) is a law, justice and development organization registered with the Corporate Affairs Commission (CAC) as a non-profit Company Limited by Guarantee with Registration Number RC 1150775. AFRILAW envision a just, peaceful, developed and prosperous society for all, and its Corporate mission is to advance respect of the rule of law, human rights and justice for a just, peaceful, inclusive and sustainable growth and development of African society. AFRILAW does this by raising money to fund its projects and programmes toward advancing its mission and building a better society.

2. Policy Statement
AFRILAW strictly observes the core principles of independence and impartiality, and respects the human rights of all people regardless of background and creed. We rigorously manage our projects and programmes from start to finish ensuring that our funds and resources are being used effectively and entirely for their intended purpose of promoting rule of law, human rights and justice for sustainable development of African society.

AFRILAW’s work spans different geographical locations and communities across Nigeria, and the organization understands the risks associated with working with different individuals, groups and communities with risk of diversion of funds and financial abuses due to pilfering, armed robbery, looting, and the actions of armed actors, whether proscribed or not.

3. Policy Objective
3.1. AFRILAW appreciates that projects and programmes, whether implemented by its staff or partners may likely be exposed to the risks of diversion of fund and resources. AFRILAW will takes all steps to ensure that funds and resources do not fall into the hands of corrupt individuals or criminal groups, and is committed to take all steps and measures to ensure this core principle of its work is a priority.
3.2 AFRILAW has a number of measures that support its commitment to prevent aid diversion:
3.2.1 Risk assessment is undertaken prior to (and during) any implementation of projects and programmes in an area, communities or states where there is likelihood of risk of diversion of resources.
3.2.2 Due diligence carried out in high-risk areas or communities and Implementation of minimum corporate standards in low risk states.
3.2.3 Any breaches of this policy are reported under the organisation’s Serious Incident Reporting mechanism. All incidents related to breach of policy and/or aid diversions are to be reported to the Executive  Director. Training to designated staff and partners and all related parties on legal aspects and national law.
3.2.4 Training to staff and partners and all related parties on AFRILAW policies and measure put in place to prevent aid diversion and other forms of financial abuse.
3.2.5 Continually evaluate to make sure AFRILAW’s work through its staff or Partners remains
3.2.6 Compliant with Nigeria law and relevant state laws of the jurisdiction in which it operates and carry out its programmes and activities.
3.2.7 Continually evaluate to make sure AFRILAW’s work through its staff and Partners remain compliant with our anti-fraud, corruption, and anti-bribery policies.
4. Roles and Responsibilities
All staff, volunteers, consultants and other stakeholders are responsible for knowing the contents of this policy and its procedures.
5. Policy Provisions
5.1. The following steps will be taken by projects and programmes staff on the ground in order to prevent aid diversion:
5.1.1 Assess project and programme related local context for corruption risks and complete risk assessment and analysis.
5.1.2 Identify and engage local partners in fighting corruption using, for example, participatory and acceptance approaches.
5.1.3 Ensure culturally appropriate beneficiary participation throughout the project and programme cycle. Also, ensure a safe complaint mechanism so communities and beneficiaries can report aid diversion and financial abuse.
5.1.4 Train staff in how to respond to coercion and intimidation, blockage by local elites or authorities, and to requests for payments for access to beneficiaries.
6. Sanctions
It is a mandatory requirement that all incidents of aid diversion or loss of assets and funds shall be reported via the Serious Incident Reporting mechanism. Failure to comply with this requirement may result in disciplinary action and summary dismissal.
7. Policy Review
The Aid Diversion & Reporting policy was prepared by the Programmes Coordination Team lead by the Executive Director at AFRILAW. It will be reviewed on an annual basis to ensure continuing appropriateness.

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