Prevention and combating gender-based and sexual violence and harassment

The Premiers Plans Festival wishes to clearly affirm its commitment to all its employees, service providers, volunteers, participants, guests, partners, etc., with regard to the prevention of gender-based and sexual violence, as well as all forms of discrimination.

The Festival Management is legally obliged to prevent, protect and respond to any situation of gender-based and sexual violence and harassment involving one of its employees or a person for whom it has direct responsibility (volunteer, intern, self-employed worker). Any behaviour relating to sexist abuse, sexual harassment, sexual and sexist violence, control, sexual assault and rape is considered illegal. These terms are precisely defined in the Penal Code. These acts are illegal and therefore punishable by law. (See definitions here)

Beyond the association's legal responsibility, we want everyone to be respected and safe at our Festival. The implementation of the charter against VHSS is part of a comprehensive policy to raise awareness and combat discrimination: racist, sexist, ableist, homophobic, transphobic, etc.

What should I do if I am a victim or witness?

Three ‘Prevention of Gender-Based and Sexual Harassment and Violence’ officers have been appointed and duly trained. You can choose to contact any one of them. They will be your first point of contact if you are a victim or witness of inappropriate gender-based or sexual behaviour.

Hélène Chabiron / Jumaï Laguna / Arnaud Gourmelen
Email: signalement@premiersplans.org
(A response will be provided within 48 hours of receiving the email.)

The Festival management undertakes to:

Do everything in its power to stop and punish any sexist and/or sexual violence or behaviour within the Festival.
Put in place a procedure for dealing with reports. This procedure, which complies with the Kit du Collectif 50/50, is detailed in the relevant section of this charter.
Taking the necessary measures. Depending on the seriousness of the incident, the consequences could include exclusion from Festival events or dismissal for serious misconduct.

In addition, Audiens has set up a third-party unit to listen to and support victims or witnesses of rape, sexual harassment, gender-based and sexual violence.

Telephone: +33 1 87 20 30 90 Monday to Friday, 9am to 1pm and 2pm to 6pm.
Email: violences-sexuelles-culture@audiens.org

You can contact them at any time, stating your surname, first name and telephone number.

Procedure

1 - Protect the alleged victim

When a report is made, the contact person will listen, show kindness, offer support and provide guidance. They will systematically follow up on your requests and, with your consent, inform the Festival management^[1]. The contact person will consider the victim's point of view to be true. Even if the facts presented do not warrant the initiation of proceedings, the situation remains a source of discomfort and probable suffering. An initial hearing will be held with the person making the report and then with the victim (if they did not make the report) in order to discuss the reported facts. The contact person will propose an initial assessment of the facts (see definitions here) and refer the victim to the appropriate support services (psychological support, information on legal recourse).

Upon receipt of a report (written or oral), our priority will be to put an end to the situation. If the victim wishes to remain anonymous to the Festival management, the representative will refer them to dedicated support services. The representative must inform the management while protecting the victim's anonymity, but without being able to conduct exploratory interviews or take restrictive measures. If the victim does not request anonymity from the management, the procedure described below will apply.

^[1] It is understood that if a member of management or a representative is implicated, that person will be removed from the following procedure until the investigation is complete.

2 - Conduct exploratory interviews

Examination of the existing evidence will enable an initial analysis of the facts, which will then be reported to management and explored in a series of interviews, conducted in a friendly and neutral manner, in secure locations:

Interviews with any witnesses, conducted separately, by at least one representative and possibly a member of management.
Interview with the accused, conducted by management accompanied by a representative, to ask for their version of events. A written report will be drawn up containing the information and evidence necessary to follow up on the procedure.
Precautionary measures to protect victims may be taken during the exploratory interviews (e.g. preventing the accused from contacting the victim).

3 - Apply sanctions and/or take protective measures appropriate to the conclusions of the interviews

If the interviews establish that the incident constitutes gender-based and/or sexual violence

Depending on the seriousness of the proven facts, the Festival management will decide as soon as possible on the measures to be taken to protect the victim and will decide on the appropriate sanctions to be applied. For example, a member, employee, volunteer or intern of the Festival may receive a reprimand or even be suspended, or a festival-goer at fault may be restricted or excluded from Festival events. As a reminder, all employers have an obligation to take all necessary measures to prevent, stop and punish acts of gender-based and sexual violence and sexual harassment. As we are at a Festival, the persons accused are most often acting within their professional environment. In this regard, the Festival management may inform the employer of the accused person of the reports made to it.

If the interviews do not establish that the incident constitutes gender-based and/or sexual violence

In this situation, it is not possible to take disciplinary action against the person accused. However, measures may be put in place to monitor the situation and prevent any further inappropriate behaviour. For example, we may prevent the accused person from coming into direct contact with the alleged victim by denying them access to certain areas. If the allegations relate to violence other than gender-based or sexual violence (physical violence, psychological harassment, discrimination, etc.), the Festival management is also able to apply the measures it deems necessary.

If the interviews establish that the allegations are unfounded

The individuals involved should not suffer the consequences of the situation. Unless the interviews determine bad faith and/or malicious intent, the victim (real or alleged), witnesses and individuals who reported the incident will not be subject to any measures by the Festival.

Important note

The presence of witnesses is not a prerequisite for initiating the procedure. If you witness a problematic situation, please come and talk to us: sometimes victims do not dare to speak out and situations can escalate. Witnesses can testify about the atmosphere, things they have seen even outside the reprehensible act itself, or confidences shared by the victim. If you have any doubts or questions, do not hesitate to contact us and discuss them with us.

Naming to understand and prevent: some definitions

Please familiarise yourself with all the terms listed below and their definitions to better understand the issues at stake.

Sexual harassment

The act of harassing someone through actions or words. The act of repeatedly subjecting a person to sexually suggestive comments or behaviour that undermines their dignity, or of using pressure to obtain a sexual act (offence). Sexual harassment is a form of violence based on domination and intimidation, which is prohibited and punishable by law. Sexual harassment in the workplace is punished more specifically.
(Article L1153-1 of the Labour Code, Article 222-33 of the Criminal Code, Case law of the Court of Appeal of Orléans (2017), European Directive: 2002/73/EC)

Sexual violence

Sexual violence is defined as any sexual act, attempted sexual act, comment or advance of a sexual nature directed at a person without their consent. It violates the fundamental rights of the individual and is prohibited by law and punishable by criminal penalties.

Sexist violence

Any behaviour related to a person's gender that aims to undermine their dignity or create an intimidating, hostile, degrading, humiliating or offensive environment is considered sexist.
(Article L1142-2-1 of the Labour Code, Article 6 bis of the 1983 Act, Article 33 of the 1881 Act)

Sexist abuse

Sexist remarks that undermine dignity or create a degrading environment.
(Article 621-1 of the Criminal Code)

Control

Psychological control is characterised by different stages that gradually lead to emotional dependence and the manipulator gaining power over their victim. It is often a precursor to sexual violence, which may then be considered consensual, although this is generally not the case.

Rape

Rape refers to any act of sexual penetration, of any nature, or any oral-genital act, committed with violence, coercion, threat or surprise.
(Article 222-23 of the Criminal Code)
Rape is a sexual assault committed without the victim's consent. Physical violence is not necessary for an act to be classified as rape. Rape or attempted rape is a crime, prohibited and punishable by law, even if committed by the victim's spouse.

Sexual assault

Sexual assault occurs when a sexual offence is committed with violence, coercion, threats or surprise. This may include touching. For sexual assault to occur, there must be physical contact between the victim and the perpetrator. Sexual assault or attempted sexual assault are punishable by the same penalties, even if committed by the victim's spouse.
(Article 222-22 of the Penal Code)