Ethical Charter

Dzogchen Gelek Palbar Ling non-profit organisation is part of the Belgium Buddhist Union (BBU) – or Union Bouddhiste Belge (UBB) – and as such, it follows the Ethical and Deontological Charter defined by the UBB.
The stages of DGPL’s internal procedure are described below.

Ethical and Deontological Charter

Inappropriate Behavior and Abuse in Buddhist Communities

Version: 27-04-2021 – Belgian Buddhist Union

1. The observation

Inappropriate behaviour and abuse can take different forms: economic, physical, psychological, sexual, institutional or structural.

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We are aware that, in the spiritual context, forms of inappropriate behaviour and abuse can occur. It is essential that every practitioner be able to encounter the Dharma in a respectful, safe, and caring environment.

To this end, each person exercising management or teaching responsibility within the member associations of the Belgian Buddhist Union, is required to ensure that this charter is respected by all. This is based on the need to avoid all suffering and to promote concern for the well-being of others.

The statutes of the Belgian Buddhist Union require each member association to ensure that this charter is respected within its own and that each teacher must comply with it. In addition, the Belgian Buddhist Union makes people of trust available to practitioners who would like to be listened to outside their community of origin or who would like to be followed up by the Ethics and Deontological Commission organized within it.

2. General policy of the Belgian Buddhist Union

This policy is based on three axes: quality research, prevention policy and procedure to be followed in the event of a report.

2.1. Quality objective

– Periodically deepen this charter thanks to the contributions of the associations

– Probe and examine the current general situation.

-To promote the exchange of good practices with the member associations of the European Buddhist Union

-To question and evaluate historical, cultural and societal narratives[1] that induce or legitimize behaviors that can generate suffering.

-Surround yourself with the opinions of external experts

2.2. Prevention policy

1. To make the membership of associations in the BBU (Belgian Buddhist Union) and the appointment as Buddhist advisor conditional on the signing of this charter.
2. Organize training activities and provide information related to the problem of inappropriate behavior for association leaders by offering, among other things, training, forums and exchanges of good practices.
3. Encourage associations to discuss this issue internally and to display in their premises and on their website:
   • the text of this charter;
   • the contact details of the Integrity Contact Persons available to the practitioners within them, as well as those of the Integrity Contact Persons mandated by BBU.
4. To help associations that request it to set up adequate vigilance mechanisms and to draw up internal regulations adapted to this objective.
5. Publish on the BBU website the contact details of specialised independent external contact points.
6. Publish on the BBU website the contact details of trusted people (M and F) in each of the three language communities.
7. Compile a list of therapists and referral associations.

2.3. Procedure to be followed in the event of a report

1. As soon as inappropriate behaviour or abuse is brought to the attention of the BBU, as in the event that serious indications of such behaviour appear, the BBU bodies instruct the Commission of Ethics and Deontology:

1. to hear the alleged victim;
2. to consult the leaders of the association concerned;
3. to take the necessary measures to ensure the integrity of all persons concerned;
4. to carry out a fact-finding mission with a view to documenting the Board of Directors in a timely manner in order to enable it to assess:
   1. the initiatives to be considered in order to provide the victim with the appropriate assistance for his or her specific situation;
   2. the steps to be taken with regard to the perpetrator and the association concerned;
   3. the potential existence of a criminal offence and therefore the need or not to report the facts to the police in the event that the victim fails to do so;
   4. in the event of a criminal complaint, whether or not the suspension of duties should be lifted.

1. In the event of a criminal complaint, without prejudice to the presumption of innocence but as a precautionary measure, contractually provide for the obligation – for the Buddhist counsellor paid by the State – to immediately suspend the exercise of his or her duties. Encourage associations to adopt the same rule with regard to their teachers or accompanying persons who are volunteers or whose remuneration is not paid by the State.
2. If the perpetrator and/or the association to which he/she belongs contests the decisions taken by the BBU Board of Directors, they are free to appeal to the arbitration of the General Assembly, which will appoint the members of a special committee within the BBU to report to it.

3. Inappropriate behaviour and abuse

3.1. Introduction

Inappropriate behaviour and abuse are a widespread phenomenon in society. Most of them take place within the family, but they also take place in institutions, organisations, associations and (sports) clubs or in the professional environment. Religious circles are not spared by this phenomenon either.

ABUSE: any form of inappropriate behavior, whether verbal, non-verbal or physical, intentional or unintentional, where there is no mutual consent, and/or which has been imposed in some way, and/or when the victim is a minor or in a relationship of dependency.

The spiritual environment is characterized by several factors that can give rise to inappropriate behaviour or abuse and make it persist (position, charisma and “solitude” of the accompanist, vulnerability and devotion of the person accompanied, intimacy of the accompaniment relationship, depth of the process of spiritual evolution that affects many aspects of the person, etc.).

Inappropriate behaviour and abuse:

• cause a great deal of pain, suffering and negative effects for the people concerned and for their communities,
• are incompatible with the ethical rules of life of the Buddhist tradition, rules that imply that relationships cannot cause harm to third parties or to oneself;
• most often manifest a structural problem within the community (ignorance, denial, unclear internal communication, rumours, relativisation of facts, secrecy, etc.).

In evaluating the behaviors of a Buddhist teacher, it is necessary to exercise discernment. While keeping in mind the importance of preserving the nature of Buddhist teaching aimed at unmasking the egoic tendencies of the mind, it is worth pointing out that abuse can never be called Buddhist teaching. In the event of a report to a BBU Integrity Contact Person of potential breaches of the current charter, the Ethics Commission will be consulted to qualify the reported facts.

3.2. Forms of abuse

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Introduction

A relationship can be abusive due to sexual abuse or physical violence. It can also include emotional, social, financial, institutional, and spiritual abuse. Abuse can come from spiritual and administrative leaders to community members as well as from community members to leaders. The administrators undertake to take into account any situation of abuse towards any person who is a member of the sangha, including volunteers, teachers or employees.

There are secular practices (upayas) in the different traditions that can be perceived as violent or abusive – for example, the use of the kyosaku (awakening staff) in Zen Buddhism – but which are instead directly inspired by wisdom and compassion.

Such practices may be perceived, especially by Western-trained therapists, as violent when they are essentially dictated by compassion. It is important to understand and explain that the context of the Dharma and the therapeutic context are radically different.

Multiple responsibilities: the fact that a manager performs different functions (“double, triple … cap”) can have harmful consequences for the people concerned and the entire sangha. Being both a spiritual guide and a therapist for the same person can, in the case of a teacher for example, complicate the student/teacher relationship, sow confusion in minds and undermine harmony within the sangha. Teachers must remain vigilant, be aware of their limitations, and carefully consider the consequences and dangers of the multiplicity of roles played by a leader. The following should be considered in this context: romantic relationships (see: 3.3.2 Precautionary principles), financial relationships (see: 3.7 Financial abuse), intimate friendships, therapeutic and professional relationships.

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3.3. Inappropriate behaviour and sexual abuse

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3.3.1.Definitions used [2] 

What is meant by “inappropriate sexual behavior”?

Inappropriate sexual behaviour: any form of sexual behaviour or sexual closeness, in the verbal, non-verbal or physical sense, that does not meet at least one of the following six criteria: mutual consent, voluntariness, equivalence of persons, suitability to the context, suitability to the age or development of the persons concerned and, finally, safeguarding the self-esteem of the person involved.

What is meant by “sexual abuse”?

Sexual abuse is defined as any form of inappropriate sexual behaviour, whether verbal, non-verbal or physical, intentional or unintentional, for which there is no mutual consent and/or which is in some way imposed, and/or where the victim is much younger or in a dependent relationship.

What is meant by grooming?

“Grooming” is the process in which the perpetrator isolates the victim and knowingly prepares them for the abuse. The perpetrator gradually strives to gain the trust of his victim and to systematically blur the boundaries between them. This process can take weeks, months, or even years. The perpetrator tries to get closer gradually, so as to silence the victim. The grooming process is insidious, as it gives the impression that the victim is “voluntarily collaborating” with the abuse.

3.3.2. Precautionary principle

In a teaching relationship, there is no “equivalence of persons” in the sense that the teacher and the disciple do not have the same responsibilities and the teacher is in a power position. In that sense any step taken by the teacher to seduce, or any sexual approach, is inappropriate. Teachers are “spiritual friends” who guide, accompany and protect the members of the Sangha. Aware of their roles and responsibilities, they adopt in their dealings with the disciples a flawless conduct, free of ambiguous or inappropriate language. They also refrain from questions or confidences which are inappropriate. It does not matter whether the persons concerned share a sense of equality or even that the student is at the initiative of seeking more intimacy; any sentimental relationship between a teacher and a practitioner is likely to compromise the proper development of the teaching relationship and can cause suffering for both people, as well as for any other person concerned by the situation and even for the Sangha as a whole.

Therefore, the teaching relationship must be suspended as soon as a sentimental relationship is established between a teacher and a student to whom he or she exercises responsibility. It is then up to each association to examine the possibility of re-establishing the teaching relationship and to define the modalities to guarantee the well-being of the people concerned and the community as a whole.

3.4. Physical violence

Violation of the physical integrity of the victim or of the people and objects dear to him.

3.5. Psychological abuse

​Emotional abuse can be as destructive and damaging as physical abuse, and can have serious repercussions on mental health. It is often used as a way to maintain power and control over someone.

That said, emotional abuse can involve:

– verbal abuse: insults, swearing, intimidation, accusations or threats, as well as lying, talking, harassing, defaming, expressing and/or spreading suspicions; the dissemination of unilateral writings and publications: for example, sending emails about a person without their knowledge or the use of derogatory comments on social networks;

– rejection: constantly rejecting thoughts, ideas, or opinions without justification.

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3.6. Social abuse

Social abuse is the act of preventing or restricting a person’s ability to have contact with family, friends, service providers and others, increasing their sense of isolation.

The following are considered to be abuses:

• confining a person to their home or room against their will;
• prevent a person from answering or opening the door to third parties;
• depriving the person of access to means of transport or communication;
• hold meetings about a person, without that person being informed or invited, or receiving a briefing or report.

3.7. Financial abuse

A person close to the victim controls their finances and access to money, and keeps them in a situation of financial dependence.

People in positions of power within the Sangha should not personally ask for large donations.

On the other hand, generosity must not become a source of power or manipulation.

3.8. Institutional abuse

Because a Sangha has, almost by definition, a hierarchical structure, it is necessary to be vigilant about the possibilities of institutional abuse. Recognizing that the structure of the Sangha does not necessarily coincide with the legal framework of a non-profit organization, the following aspects deserve special attention:

Confidentiality:
The relationship between students and the teacher is often accompanied by the sharing of sensitive and personal information. Teachers are therefore required to keep this information confidential out of respect for the students and the relationship. For the well-being of some people and the Sangha, teachers should, in exceptional cases, be able to discuss these confidences with other teachers, with trainee teachers, with the president, or, if necessary, with experts. In these circumstances, teachers should strive to ensure the confidentiality of their consultations. The other responsible persons also undertake to do so.

Accountability and governance:
Maintaining the well-being of the Sangha is the common responsibility of all members. Teachers also have the responsibility to promote the objectives of control and transparency, including in finance, decision-making and complaint handling, including ethical issues.

Transparency:
Transparency is essential to maintain balance and harmony within the Sangha. Teachers are alert to potential conflicts of interest among Sangha members and do their utmost to avoid them. Any material conflict of interest will be immediately communicated to the Sangha leadership.

3.9. Spiritual abuse

Spiritual abuse is the process of preventing a person from having their own views about religion, beliefs, and cultural values. These abuses may be based on religious arguments (e.g., the karmic effect).

One should avoid cultivating feelings of superiority in one’s own Buddhist tradition or Buddhism in general. People of other religions or philosophical traditions should feel welcome in the Buddhist Sanghas.

A teacher can use strong words or actions as a teaching tool. However, it should not do so in a systematic manner but with wisdom, compassion and prudence.

3.10. Volunteer situations

Volunteer work is important within our Sanghas. It is a valuable tool for the development of Buddhist associations and for the personal development of volunteers. However, there may be a risk of abuse.

Volunteer work must be structured in such a way as to avoid any form of exploitation. This can be done, for example, by defining periods of work and free time for volunteers to avoid imposing too heavy a burden on them. It also protects them from their own enthusiasm, which could lead to a later feeling of exploitation. There can be no regular volunteer work for the personal enrichment of a responsible person. In the same way, volunteers do not use their work to gain power within the community.

ABOUT THE TEACHER

Teachers and spiritual advisors recognize that their role inevitably leads to a power differential in their relationships with students and other Sangha members, and that their words and actions can therefore carry great weight. Teachers should be particularly aware of the risk of subtle abuse of power on their part.

Teachers must not abuse their power and/or position. The ultimate responsibility for maintaining appropriate and clear boundaries between the teacher and students always rests with the teacher. Whenever skills are called upon that go beyond the scope of the teacher’s expertise, the teacher refers the students to the relevant expert (e.g. in the field of mental health, medicine, case law).

Being a teacher can subtly lose the notion of healthy humility. A lack of humility can in turn weaken the teacher’s ability to honour his or her responsibilities and live fully in accordance with them.

Teachers ensure that

• take care of themselves/themselves physically, psychologically, and spiritually;
• examine their own behaviour. They seek to maintain a balance between their role as teachers and their involvement in their own practice, Dharma study, free time, and family responsibilities.

CONCERNING EMPLOYEES AND PSYCHOSOCIAL RISKS AT WORK

If persons belonging to the structure of an association are employed as employees, they and their employer are subject to the Social Protection Act under the employment contract.

Chapter V bis of the Act of 4 August 1996 on the well-being of workers in the performance of their work (Belgian Official Gazette 18.9.1996) establishes a general framework for the prevention of psychosocial risks at work, including stress, violence, harassment and undesirable sexual behaviour at work.

Violence, harassment and sexual harassment at work are an integral part of psychosocial risks at work and are therefore addressed within the general framework of the prevention of psychosocial risks at work. Section 2 of Chapter Va is devoted to these specific risks (in particular Article 32b).

The last amendment to this legislation was made by the laws of 28 February 2014 and 28 March 2014.

See: The coordinated text of the adapted articles of the Act of 4 August 1996 on the well-being of workers in the performance of their work (PDF, 597.38 AR).

See also: https://emploi.belgique.be/fr/themes/bien-etre-au-travail/risques-psychosociaux-au-travail/dispositions-legales

[1] Borrowing from the English “narrative”: set of narratives, beliefs and dominant discourses within a group or community, justifying a (subjective) representation of reality. The purpose of this representation is to strengthen the identity, cohesion and interests of the group, the community or its leaders. Connotations: fables, tales, myths, fiction.

[2] Definitions of the Internationaal Centrum Ethiek in de Sport vzw (ICES), an organisation recognised by the Flemish Minister of Sport for the ethical practice of sport.

See: http://www.ethicsandsport.com/
See also: http:/voicesfortruthanddignity.eu/be/information/

DGPL internal procedure to be followed in the event of a report

1) The victim, or a witness, contacts an “integrity contact person” through integrity.contact.dgpl@gmail.com (see contact details at the end of this procedure)

2) The integrity contact person listens to the victim/witness and assesses the situation.

3) If necessary, the integrity contact person can redirect to specialised therapists.

4) The integrity contact person listens to the other parties.

5) The integrity contact person files a report to the board of administrators.

6) The board takes action.
NB. In the event of a criminal offense, without prejudice to the presumption of innocence but as a precaution, the Buddhist teacher or counsellor will be immediately suspended from his/her duties.

7) Administrators notify the victim of the actions taken.

Integrity Contact Persons:

• Nyima Oser (languages: Tibetan, French)
• Ann Amiranashvili (languages: English, Georgian, Russian)

Please write to integrity.contact.dgpl@gmail.com
Please specify:
1) which person you wish to take appointment with
2) how to contact you

If you need an interpreter, you can arrange with a person of your choice, or we can help you find an interpreter. In that case, please specify it in your message.