Payana Whistleblower Protection

Policy

Preamble:

Payana is committed to upholding the highest standards of integrity, transparency, and

accountability in all aspects of its operations. As an organization dedicated to promoting health and

human rights, particularly for marginalized sexuality minorities, sex workers, people living with HIV,

and other vulnerable populations, Payana recognizes the importance of fostering a culture where

concerns regarding misconduct or unethical behavior can be raised without fear of retaliation. This

policy provides a comprehensive framework for whistleblowers to report concerns of misconduct

while ensuring their protection and promoting accountability within Payana's operations.

Scope:

This Whistleblower Protection Policy applies to all employees, volunteers, contractors, and

stakeholders affiliated with Payana. It covers any reports of wrongdoing, including but not limited to

financial misconduct, harassment, discrimination, abuse, negligence, or violations of organizational

policies and legal requirements.

Aim:

The aim of this policy is to:

1. Provide a safe and confidential mechanism for reporting concerns regarding misconduct or

unethical behavior within Payana.

2. Protect whistleblowers from retaliation or adverse consequences for reporting in good faith.

3. Promote accountability, transparency, and ethical conduct within the organization.

Who is a Whistleblower?

A whistleblower is any individual who, in good faith, reports concerns or suspicions of misconduct,

wrongdoing, or unethical behavior within Payana. Whistleblowers may include employees,

volunteers, contractors, beneficiaries, or any other stakeholders associated with the organization.

What This Policy Seeks to Achieve:

This policy seeks to achieve the following objectives:

1. Encourage individuals to report concerns or suspicions of misconduct without fear of retaliation.

2. Ensure that all reports of wrongdoing are promptly and thoroughly investigated.

3. Protect the confidentiality of whistleblowers and the integrity of the investigative process.

4. Take appropriate corrective action in response to substantiated reports of misconduct.

Page 2 of 4

5. Foster a culture of integrity, transparency, and accountability within Payana.

Principles Guiding Payana's Whistleblower Protection Policy:

1. Confidentiality: Payana will protect the identity of whistleblowers to the fullest extent possible,

consistent with conducting a thorough investigation.

2. Non-Retaliation: Payana prohibits retaliation or adverse actions against individuals who make

good faith reports of misconduct. Any form of retaliation will be subject to disciplinary action.

3. Fairness: Payana is committed to conducting fair and impartial investigations into reports of

misconduct, ensuring due process for all parties involved.

4. Accountability: Payana will take appropriate corrective action in response to substantiated reports

of misconduct, holding individuals accountable for their actions.

5. Transparency: Payana will communicate the outcomes of investigations to the extent possible

while respecting the privacy rights of all parties involved.

Punishment and Penalties for Violations:

Violations of this Whistleblower Protection Policy, including retaliation against whistleblowers, may

result in disciplinary action, up to and including termination of employment or contractual

relationship. Individuals found to have engaged in misconduct will be subject to appropriate

sanctions in accordance with Payana's disciplinary policies and procedures. All actions shall be taken

in accordance at the discretion of the Governing Body or in case the complaint is against the

Governing Body itself, then the discretion shall lie with the General Body.

Other Relevant Sections:

1. Reporting Procedure: Payana will establish clear procedures for reporting concerns or suspicions

of misconduct, including designated individual(s) (Ombudsman1

) or channels for whistleblowers to

make confidential reports.

2. Investigation Process: Payana will conduct prompt, thorough, and impartial investigations into all

reports of misconduct, following established protocols and ensuring due process for all parties

involved.

3. Support for Whistleblowers: Payana will provide support and protection to whistleblowers

throughout the reporting and investigation process, including access to counseling and legal

assistance if needed.

4. Review and Monitoring: Payana will periodically review and evaluate the effectiveness of its

Whistleblower Protection Policy, making revisions or updates as necessary to ensure compliance

with legal requirements and best practices.

Appointment of an Ombudsman

1

an official appointed to investigate individuals' complaints against a company or organization, especially a public authority

Page 3 of 4

An Ombudsman shall be appointed annually by the Board of Directors. Their email shall be visibly

displayed at each office location of Payana. The Ombudsman's primary responsibility is to receive

complaints and initiate an investigative process by promptly informing the Board of Directors. They

shall maintain confidentiality of the complainant in accordance with Payana's whistleblower

protection policy, except when the complainant voluntarily chooses to testify or act as a witness to

substantiate the alleged instances of wrongdoing or misconduct.

The Ombudsman's tenure shall last for one financial year, with a mandatory change at the Annual

General Meeting (AGM) of the Organization. In the event of an inadvertent vacancy, the position

shall be filled within 30 days at an ordinary meeting of the board of directors and ratified at the

subsequent AGM.

The ombudsman shall have wide-ranging powers to investigate the veracity of the complaint

personally or to recommend to the governing body the formation of an independent committee for

this purpose. (See the Payana Grievance Redressal Policy and Complaints Mechanism for further

information). This committee will investigate each case individually, including the ability to call

witnesses, examine documents and will make recommendations for corrective or punitive actions.

Payana shall reimburse the expenses of the Ombudsman (or a committee constituted for the

purpose) in the discharge of their duty or towards their services in the investigative process.

Powers, Duties, and Responsibilities of the Ombudsman or Committee:

Investigative Authority:

The Ombudsman shall have the authority to investigate reports of wrongdoing or misconduct within

Payana. This includes the power to gather evidence, interview witnesses, and access relevant

documents or information.

Independence:

The Ombudsman shall operate independently of management and other internal stakeholders to

ensure the impartiality and integrity of the investigation process.

Recommendations:

Based on the findings of the investigation, the Ombudsman shall make recommendations to the

governing body of Payana for appropriate corrective or punitive actions.

Protection of Whistleblowers:

The Ombudsman shall ensure that whistleblowers are protected from retaliation or adverse

consequences for reporting concerns in good faith.

Case Report:

Wherever applicable, the Ombudsman shall submit a case report to the governing body of Payana

summarizing the activities and outcomes of the whistleblower protection program.

Page 4 of 4

Training and Awareness:

The Board of Directors in consultation with the Ombudsman shall initiate training sessions and

awareness campaigns to educate employees and stakeholders about their rights and obligations

under the whistleblower protection policy.

Tenure:

The tenure of the Ombudsman shall be for one financial year, with the option for renewal subject to

mutual agreement between the Ombudsman and the governing body of Payana. However, no

Ombudsman shall continue to remain in this position after a successive period of 2 years in office.

Conclusion

Payana is committed to fostering a culture of accountability and transparency, and this

Whistleblower Protection Policy, along with the appointment of an Ombudsman, is a crucial step

towards achieving that goal. By providing whistleblowers with protection and support, Payana aims

to ensure that any wrongdoing or misconduct is promptly addressed, thereby safeguarding the

organization's integrity and effectiveness in serving its beneficiaries.