1. Our commitment
The Valdivia Cultural Center for Film Promotion (CPCV), as well as the event it produces – the Valdivia International Film Festival (FICValdivia) – are institutions that are committed to providing and promoting an environment of respect for all people that work and participate in their activities, one that is inclusive, free from violence, harassment, and discrimination of any kind.
Our vision is built on the basis of defending and promoting Human Rights, with the conviction of co-constructing a community based in democratic values and practices. Within this framework, we understand that harassment and discrimination, in themselves, attempt against people’s inalienable rights, and this is our primary motivation to work, together with those that participate in our activities, to prevent and combat these practices. This is our new commitment.
The present policies have the objective of establishing principles that contribute to create and maintain an environment that provides guarantees of diversity and respect, at all CPCV and FICValdivia activities: at movie screenings; at public and private events with our guests; at educational and training activities; at seminars and lectures; at recreational and festive activities; and at any other event or activity organized by these entities or which are carried out within the framework of the FICValdivia festival week, where its participants are in attendance. These policies are applied to those that work, organize, collaborate, are associated with, or participate in CPCV and FICValdivia activities, and in general, to any person that carries out activities or provides services to these entities.
Any incident of this kind that happens within the context of the official activities aforementioned, and also at spaces of planning and production (offices, screening rooms, and others) will be treated with utmost seriousness, caring not to underestimate the gravity of the conduct. This implies that any filed report will be treated with respect, discretion, and speediness.
Any person that is part of FICValdivia who incurs in a conduct of discrimination or harassment will have to face the disciplinary actions stipulated in this protocol. In that regard, this document is binding for all people participating in the aforementioned activities. For this reason, each person must be informed of these policies prior to their participation, together with agreeing with the commitment to an environment free of harassment, discrimination, and gender violence.
2. Principles and guarantees
The present policies will have as essential pillars the following principles and guarantees:
– Principle of confidentiality and respect: the report and procedures regulated in this document will be confidential. The protection of the victim’s identity is assured, along with the confidentiality of the information and their decisions.
– Protection and not revictimization: From the moment an event is reported, all necessary measures will be observed to protect the integrity and rights of the victim, activating the “protection measures” detailed in the present protocol, with the objective of avoiding added suffering related to the investigation.
– Autonomy, voluntariness, and informed participation: The will of the victim will be safeguarded regarding the actions they choose to undertake. To that end, we guarantee due knowledge of the rights they have, and the available measures of protection and accompaniment. The persons implicated in reporting procedures have the right to be informed of the nature, stages, timeframes, and results of the procedure, along with all alternative courses of action they can take with their reports, including legal action.
– Impartiality: We assure and guarantee that these procedures will be carried out according to objective and well-founded impressions and decisions. FICValdivia guarantees the impartial treatment of the parties involved in the report procedure, and that all people intervening in the investigation will act in good faith, in the search of clearing up the reported events.
– Speediness: We assure that the procedure will take place within the timeframes established in the present protocol, avoiding unjustified or undue delays.
3. Concepts and normative framework
3.1 Definition of sexual harassment
In accordance with Law 21,153, article 2, we will understand as sexual harassment the performance, request, or requirement of any act or conduct of a sexual nature or with sexual connotations, that is not wanted or consented to by the person that receives it, which attempts against their dignity, equal rights, their physical, psychological, and emotional integrity, or that creates an intimidating, hostile, or humiliating environment, regardless of whether that behavior or situation is isolated or repeated.
Some examples of conducts or behaviors that constitute sexual harassment include, but are not limited to, the following cases:
Physical Conducts
– Unwelcome physical contact, including slaps, pinches, caresses, kisses, hugs, or any inappropriate touching.
– Performing a physical approach that is excessive, not requested, and without consent.
– Corner or deliberately try to stay alone with a person unnecessarily.
– Physical violence, including sexual violence.
– The use of work-related threats and rewards, to request sexual actions or conducts.
Verbal Conducts
– Comments regarding the appearance, age, private life, and sexual life of a worker.
– Comments, anecdotes, stories, and jokes of a sexual nature.
– Flirting, propositions, or advances of a sexual kind that have not been consented to, requested, or welcomed.
– Repeated, unsolicited, and unwelcomed invitations to dates or contexts of physical intimacy.
– Insults based on sex, sexual orientation and/or identity and gender expression of a worker.
– Condescending or paternalistic observations.
– Sending unsolicited or unwelcome sexually explicit messages over the telephone, email, or via any other way.
Non-verbal Conducts
– Showing sexually explicit or suggestive material without consent.
– Observing, taking photos, or taking video or audio of any activity where there is a reasonable expectation of privacy, without the consent or authorization of the parties.
– Sexually obscene or suggestive gestures that are unsolicited and unwelcome.
– Unsolicited and unwelcome whistling or catcalls.
– Unsolicited and unwelcome lascivious glances, done without consent.
3.2 Arbitrary discrimination definition
According to Law 20,609, article 2, discrimination is any and all distinction, exclusion, or restriction that lacks reasonable justification, that causes loss, distress, or a threat to the legitimate exercise of a person’s inalienable rights, to those that work in the organization, especially when based on reasons such as race or ethnicity, nationality, socio-economic situation, language, ideology or political opinion, religion or creed, unionization, participation in unions, or lack thereof, sex, sexual orientation, gender identity and expression, marital status, age, parentage, personal appearance, a disease or handicap, among others.
Behaviors that may be deemed discriminatory include – and are not limited to – the following cases:
– Having condescending or paternalistic attitudes toward someone.
– Voicing insults based on a person’s sex, sexual orientation, gender identity, race, skin color, beliefs, religion, social, national, or ethnic origin, mental or physical handicap, etcetera.
– Using offensive manners to address a person.
– Ridiculing and/or putting down a person’s capabilities, abilities and/or intellectual potential.
– Using sexist, racist, gender, classist, xenophobic, ableistic, and other kinds of offensive humor against a person.
– Ignoring or actively hiding a person’s contributions, comments, accomplishments, or actions.
4. Participation groups and scope of the policies
4.1 Participation groups
Three groups of commitment and participation are defined for the application of these policies. These are understood as participants in the event, who will have to commit to contributing to the development of a space free from discrimination and harassment.
Central group: made up of all the people that provide services for the Valdivia Cultural Center for Film Promotion, whether through a work contract, as an independent contractor, or as an external provider, and the people working for them. During FICValdivia, they carry an Organization credential.
All these people must read and sign these policies before becoming a member of the Festival’s organizing team.
Participant group: made up of all the people the organizers have invited to the event, since their participation is essential to the event’s realization. During FICValdivia, these people carry the following credentials: Guest, Press, Competition, Volunteer, Jury, Austral Meetings. All these people will have to agree with this commitment and its values, prior to participating in the event.
External group: made up of people that decide to participate in an activity as attendees. In the case of FICValdivia, they can be people attending free shows, those who buy single tickets, or those that purchase the Festival or Student passes. All these people will be informed of our commitment and its importance.
4.2 Office for Coexistence
The present policies define the figure of an Office for Coexistence, made up of one or more people, who will be in charge of applying these policies, and safeguarding compliance with the different principles and guarantees: confidentiality and respect; protection and not revictimization; autonomy, voluntariness, and informed participation; impartiality; and speediness.
To contact the Office for Coexistence, you can confidentially email convivencia@ficv.cl
4.3 Scope of the policies
These policies, their procedures, and sanctions are applicable only to situations that take place during the activities organized by CPCV and FICValdivia, and among participants at these activities, regardless of the participation group they belong to.
In the case of the central group, applicability of these policies will be within the context of actions that take place while the person is rendering services to CPCV, whether directly or indirectly (through external providers).
In the case of the participant and external groups, the application will be while the activity takes place, understanding that, in the case of FICValdivia, the activity comprises the entire week of the festival, independent of whether the places where possible acts of discrimination or sexual harassment may occur are part of the event or not.
4.4 Procedure
If a situation should arise where a report for harassment or discrimination needs to be filed, any participant may report it through the email convivencia@ficv.cl
The Office for Coexistence will open a detailed file of all communications that take place during the report and mediation process.
If necessary, immediately after having received the report, measures will be taken to assure the protection of the person making the report.
If possible, before 24 hours elapse after received the report, separate interviews will be conducted with the person making the report and the person being reported, always under the principles of confidentiality and not revictimization.
Within the same timeframe, interviews will be conducted with possible witnesses, under the same principles.
If actions of discrimination and or harassment are verified, sanctions will be adopted. A 48-hour timeframe is suggested, from the time the report is received, to apply the corresponding sanctions.
Event organizers commit to facilitating all necessary means so that this procedure happens in the speediest way possible.
4.5 Sanctions:
People that commit acts of sexual harassment or discrimination may be first reported and later sanctioned in the following way, depending on the participation group.
Measures and sanctions, in case of a report, depending on the participation group
Central
Participant
External
Report before the Office for Coexistence.
Verbal and written warning from the event producers.
Termination of their functions.
Report to the authorities, in case of a flagrant crime.
Report before the Office for Coexistence.
Partial or total dismissal from event activities.
Report to the authorities, in case of a flagrant crime.
Partial or total dismissal from event activities.
Report to the authorities, in case of a flagrant crime.
5. Informed Consent
It is stated herein that all persons participating in the event will be informed of these policies and their implications, according to their participation group, in addition to signing the commitment for an environment free from harassment and discrimination.