Retaliation

IOM is committed to protecting IOM personnel who report misconduct, or cooperate with audits and investigations (“whistleblowers”) from retaliation. IOM has therefore adopted a Policy for Protection against Retaliation for reporting misconduct or cooperating with investigations and audits. 

For purposes of IOM’s Retaliation Policy, retaliation means any direct or indirect detrimental action regarding the employment or working conditions of an IOM personnel. This action must have been recommended, threatened or taken against an IOM personnel because they engaged in a Protected Activity.

IOM personnel are considered to engage in a Protected Activity when they: 

• Report suspected misconduct, including harassment, sexual harassment, and abuse of authority, to the Office of Internal Oversight (OIO) or through IOM’s misconduct reporting platform, “We Are All In” (www.weareallin.iom.int); 
• Report suspected misconduct, including harassment, sexual harassment, and abuse of authority, to an official who has direct or indirect supervisory authority over the reporter, including an immediate supervisor or other appropriate supervisor such as the Chief of Mission or the head of department or office concerned. 
• Cooperate in good faith with a duly authorized audit or investigation.

IOM personnel who engage in a Protected Activity in good faith have the right to be protected against retaliation. 
 

Examples of retaliation

• A supervisor intentionally prevents a staff member who reported them for suspected misconduct through IOM’s misconduct reporting platform, “We Are All In” (www.weareallin.iom.int) from working on key projects. 
• A manager intentionally doesn’t hire a qualified staff member for a new position due to the concerned staff member being interviewed by the Office of Internal Oversight (OIO) as part of an investigation into the manager’s alleged misconduct. 
• A supervisor writes an unwarranted negative performance review for a staff member because they reported suspected misconduct within their team, stating they are not a “team player”.

Procedures for addressing retaliation

Informal process: IOM encourages the informal resolution of conflicts. IOM personnel who believe they have been subjected to retaliation may choose to pursue an informal resolution of the situation by first raising the matter with a supervisor or higher-level manager or the Department of Human Resources Management (DHR). Individuals may also seek assistance from the Office of the Ombudsperson (OOM).

Formal process: If the informal process fails, or if IOM personnel choose not to pursue the informal process, formal complaints of retaliation should be made in writing by contacting the Ethics and Conduct Office (ECO) at ECO@iom.int, or by IOM’s misconduct reporting platform, “We Are All In” (www.weareallin.iom.int).

Interim protection measures

The Ethics and Conduct Office (ECO) may, at any time after the receipt of a retaliation complaint, recommend interim measures to relevant IOM authorities to protect the complainant from the risk of retaliation or possible further retaliation. Recommended measures may include:

• Temporary physical separation of the complainant and the alleged retaliator.
• Temporary changes in reporting lines.
• Identification of alternative duties and/or duty station for the complainant or alleged retaliator.
• Instituting flexible working arrangements for either the complainant or the alleged retaliator.
• Consideration of special leave with full pay for either the complainant or the alleged retaliator.
• Temporary suspension of implementation of the alleged retaliatory action. 

Safety and well-being of complainant

If the Ethics and Conduct Office (ECO) becomes aware of an immediate risk to the safety and security of the complainant, ECO will notify the IOM Office of Staff Security (OSS) or advise the complainant to do so directly.

If the complainant has raised concerns about their well-being, ECO will advise the complainant to contact the Staff Welfare Officer (SWO).

Action against the retaliator

Retaliation against IOM personnel because they engaged in a Protected Activity constitutes misconduct. IOM staff members found to have engaged in retaliation are subject to disciplinary procedures and any other relevant administrative actions. 

Non-staff personnel and other employees may be subject to actions in accordance with the terms and conditions of the contract governing their services and of other applicable policies regarding non-staff personnel. These actions may include termination or non-renewal of contract without notice and possible referral to local authorities

Unfair punishment

The word ‘retaliation’ is used commonly to refer to a variety of situations where an individual may feel they are being unfairly punished because of something they have done. 

IOM’s Retaliation Policy, however, is focused on protection against retaliation for IOM personnel whistleblowers who are engaged in Protected Activities (i.e., reporting misconduct or cooperating with an audit or investigation). 

Adverse action against IOM personnel arising from reasons other than engaging in a Protected Activity is not considered retaliation under IOM’s Retaliation Policy. For example, any detrimental action recommended, threatened or taken against IOM personnel because they expressed disagreement or criticism to a higher-level official will not be considered retaliation. It may, however, constitute abuse of authority or harassment, which are other types of misconduct.

It can be hard to differentiate between types of misconduct. You don’t need to know the type of misconduct to be able to report. If you experience or witness any potential misconduct, wrongdoing or if you feel something is wrong, you should report it to IOM’s Office of Internal Oversight (OIO) through IOM’s misconduct reporting platform, “We Are All In” (www.weareallin.iom.int) or by email to oiointake@iom.int, even if you are unsure what type of misconduct it is.

Last updated: March 2024