Sexual Exploitation and Abuse/ Sexual harassment (SEA/SH) Risk Prevention and Management Action Plan Addressing Gender Based Violence (Sexual Exploitation and Abuse/Sexual Harassment) in Mebidangro Mass Transit October 2021 1 Table of Contents ABBREVIATIONS …………………………………………………………………………….. 3 KEY TERMS & DEFINITIONS …………………………………………………………………………….. 4 I Introduction …………………………………………………………………………….. 6 1.1 Project Background …………………………………………………………………………….. 6 1.2 General overview of Situation of SEA/SH in the ……………………………..... 6 Project Location 1.3 Potential GBV (SEA/SH/VAC) Risks in the Project ……………………………..... 9 Areas 1.4 Capacity Assessment of the Implementing agencies ……………………………..... 9 1.5 GBV Action Plan …………………………………………………………………………….. 10 II Objectives …………………………………………………………………………….. 10 III Principles Guiding This ……………………………………………………………………………… 11 Action Plan IV Key Activities for GBV Risk Mitigation and Management ………………………………… 12 4.1. Addressing GBV Risk through procurement ………………………………… 12 4.2. Development of Code of Conduct (CoC) ………………………………… 13 4.3. GBV Awareness Raising and Training for Contractors, ………………………………… 14 Consultants and Clients. 4.4. Awareness Raising for Community ………………………………… 14 4.5. GBV integrated Grievance Redress Mechanism ………………………………… 14 4.6. Establish coordination with existing service ………………………………… 15 providers 4.7. Monitoring and Reporting ………………………………… 15 V SEA/SH Mitigation and Response Action Plans for ………………………………… 16 Mebidrango Mass Transit Appendix 1. List of Service Providers ………………………………… 21 Appendix 2. Grievance Redress Mechanism (GGRM) and ………………………………… 24 Response Protocol for GBV/SEA and VAC Cases Appendix 3. GBV Complaint Consent and Intake Form ………………………………… 25 Appendix 4. Codes of Conduct ………………………………… 30 Appendix 5. Required Clause for Bid Documents ………………………………… 39 2 ABBREVIATIONS BAPPENAS The Ministry of National Development Planning/National Development Planning Agency BBMA Bandung Basin Metropolitan Area BRT GBV Rapid transport system Gender-based Violence
 CoC Code of conduct DGLT Directorate General of Land Transport DG Rail Directorate General of Railways DP3A Women's and Children's Empowerment Service GBV Gender based Violence GOI The Government of Indonesia HIV AIDs Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome IMTPSP Indonesian Mass Transit Program Support Project Mebidangro Medan metropolitan area MoT the Ministry of Transport NCVAW National Commission on Violence against Women PIU Project Implementation Unit PMU Project Management Unit RPJMN the Medium-Term National Development Plan (RPJMN SEA Sexual exploitation and abuse SH Sexual Harassment SNGs Subnational government P2TP2A The Integrated Service Center for the Empowerment of Women and Children UPTD PPA Regional technical implementing unit for women's empowerment and child protection 3 KKEY TERMS AND DEFINITIONS Child marriage Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult or another child (UNICEF). Gender-based violence Gender-based violence (GBV) is an umbrella term for any (GBV) harmful act that is perpetrated against a person’s will and that is based on socially-ascribed (i.e., gender) differences between males and females. It includes acts that inflict physical, sexual or mental harm or suffering, threats of such acts, coercion, and other deprivations of liberty. These acts can occur in public or in private (2015 Inter-Agency Standing Committee Gender- based Violence Guidelines, pg. 5). Gender-based violence An organization offering specific services for GBV survivors, (GBV) service provider such as health services, psychosocial support, shelter, legal aid, safety/security services, etc. Human trafficking Trafficking in persons is defined as the recruitment, transportation, transfer, harboring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation. Women and children are particularly vulnerable to trafficking practices (Environmental and Social Standard (ESS) 2, footnote 15). GBV (SEA/SH) Document which outlines how the project will put in place the Prevention and necessary protocols and mechanisms to address SEA/SH risks; Response Action Plan and how to address any SEA/SH allegations that may arise. Sexual Exploitation and Sexual abuse: Any actual or attempted abuse of a position of Abuse (SEA) vulnerability, differential power or trust for sexual purposes including but not limited to profiting monetarily socially or politically from the sexual exploitation of another (UN Glossary on SEA/SH, 2017.p.6) Sexual Abuse: actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions (UN Glossary on Sexual Exploitation and Abuse 2017, pg. 5). Sexual Harassment (SH) Any unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature. 4 Survivor-centered The survivor-centered approach is based on a set of principles approach and skills designed to guide professionals—regardless of their role—in their engagement with survivors (predominantly women and girls but also men and boys) who have experienced sexual or other forms of violence. The survivor- centered approach aims to create a supportive environment in which the survivor’s interests are respected and prioritized, and in which the survivor is treated with dignity and respect. The approach helps to promote the survivor’s recovery and ability to identify and express needs and wishes, as well as to reinforce the survivor’s capacity to make decisions about possible interventions. Violence against Article 1 of the 1993 UN Declaration on the Elimination of Women Violence against Women defines violence against women as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. 5 1. INTRODUCTION 1.1. Project Description The World Bank, through the Indonesia Sustainable Urbanization (IDSUN) Multi-Donor Trust Fund, is providing support to the Government of Indonesia (GOI) with technical assistance to develop a suite of policy, advisory, financing, and program solutions to meet the challenge of sustainable urbanization. One sub-task is to lay the basis for the creation of the Indonesia Mass Transit Program (IMTP) in support of the Ministry of National Development Planning/National Development Planning Agency (Bappenas). This will focus on the application of best practices in project preparation methodologies for a mass transit system for the Medan metropolitan area (Mebidangro).1 The first phase of this activity was completed in 2019 with the presentation of the Program Design Report, which proposes supporting Indonesian cities or metropolitan areas with populations exceeding one million people through technical support and capacity building to cities and an enhanced financing mechanism for mass transit. Figure 1. Maps of Proposed Corridors in Medan Metropolitan Areas North Sumatera 1.2. General Overview of Situation of GBV in the Project Location (Mebidangro) North Sumatra Province is the fourth most populated province of Indonesia, with an estimated 15 million inhabitants. It has a forecasted population growth rate of 9.3 percent and an expected urbanization rate of 68 percent by 2035 (from 53 percent in 2015). The Mebidangro metropolitan area consists of four cities and regencies in North Sumatera Province, including Medan City, Binjai City, Deli Serdang Regency, and a part of Karo Regency. These rates of growth in both population and urbanization will strain urban infrastructure and efforts to provide basic services. It will also increase the already high levels of traffic and congestion. 1 Mebidangro is the acronym of Medan-Binjai-Deli Serdang-Serdang Bedagai-Karo, all of which are part of the broader Medan metropolitan area. 6 There is still a high prevalence of violence against women in this province. Imbalanced relationships, cultural constraints, and poor education about women's rights are among the factors that lead to the high number of cases of violence against women in the province. In the community, women are regarded as symbols of purity and honor, and as such any sexual abuse like rape could be regarded as 'ruining' those traits. Survivors are often blamed for bringing sexual abuse upon themselves. This is why women survivors often choose to remain silent. In addition, due to their lack of understanding about GBV, law enforcement officers handling the cases often end up re-victimizing survivors of violence. Forms of GBV According to data from National Commission on Violence against Women (NCVAW), for three years (2018-2020), North Sumatra has been among the 10 provinces with the highest GBV prevalence in Indonesia. It ranked 9th with 499 cases in 2018, ranked 8th in 2019 with 443 cases, and ranked 7th in 2020 with 563 cases.2 In addition, there were over 2000 cases of violence and women and children in North Sumatra between 2018 and May 2020. Figure 2. Violence against Women and Children in North Sumatra Province 2018-2020 Year/Age Group No Form of Violence 2018 2019 2020(Jan-May) 0-17 +18 0-17 +18 0-17 +18 931 440 636 294 179 71 1 Domestic violence 139 244 134 184 27 39 2 Physical abuse 256 236 178 168 50 32 3 Psychological abuse 162 139 106 78 40 16 4 Sexual abuse 559 68 412 51 103 11 5 Exploitation 21 7 9 2 1 0 6 Human trafficking 12 15 7 1 2 2 7 Neglect 135 86 91 56 21 16 8 Other 124 34 126 14 27 8 Source: North Sumatra Province Gender Profile From the table above, it can be seen that from 2018 to 2019 the most prevalent type of violence against children was sexual violence, whereas the most common form of violence against women (18+ years old) was domestic violence. According to data from Office of Women Empowerment and Child Protection of North Sumatra, in 2019, had the highest numbers of cases of violence occurred in the city of Medan (224 cases), followed by Deli Serdang District (193 cases); and Tebing Tinggi District (131 cases). Most perpetrators were: parents (278 cases), unidentified perpetrators (242 cases); and spouses (230 cases). Most violence occurred in the domestic sphere.3 2 Annual Report of Women Commission for 2020, 2019 and 2018. 3 North Sumatra Province Gender Profile, 2019. 7 Sexual violence. The most prevalent form of violence committed against children (0-17 years old) in North Sumatra between the period of 2018-2020 was sexual violence.4 There were 559 cases in 2018, 412 cases in 2019, and 103 cases (Jan-May) in 2020.5 There are a number of obstacles to handling sexual violence cases: First is the lack of dedicated shelters. Also, evidence for cases still mostly relies on genital examination of survivors. If an examination shows that there is no injury to the vagina, the perpetrator cannot be prosecuted. Law enforcement also face difficulties in punishing perpetrators. However, the government has adopted several proactive measures. Since 2016, the North Sumatra government has created an MoU with 33 districts/cities to develop child-friendly policies at the district/city level. Furthermore, integrated community-based child protection strategies (PATBM) have been developed in four villages, namely Bingkat and Terjun villages in Serdang Bedagai District and Sambirejo and Daluk Sepuluh village in Deli Serdang District.6 Domestic violence. In the period of 2018-2020 the highest number of cases of violence against women in North Sumatra were cases of domestic violence. There were 139 cases in 2018, 184 cases in 2019, and 39 cases in 2020 (between Jan-May).7 Despite the high number of cases, there are still many unreported cases as domestic violence is considered a private issue to be resolved in the household and can bring shame if revealed to other people. Child marriage. The percentage of women of between 20-24 years old who were first married under the age of 18 in North Sumatra in 2017 was 4.9%. This increased to 5.72% in 2018.8 The number is not among the highest prevalence of child marriage cases, but child marriage nevertheless still occurs in the province. For example, in Deli Serdang there is a marriage practice called anom marriage among the Banjar Tribe that lives in Paluh Manan village in Hamparan Perak Sub-district.9 Anom marriage is a tradition influenced by educational, economic, and cultural factors. It is usually practiced at around 13-14 and 16-17 years of age, with 16-17 age group accounting for most cases. Human trafficking. Trafficking is a prevalent form of violence in North Sumatra due to its geographic positioning as a shipping and transit point as well as a destination for trafficking syndicates. From 2018 to 2020, there were 39 cases of trafficking in North Sumatra. In 2018 there were 27 cases, in 2019 there were 8 cases and in 2020 (Jan-May), there were 4 cases reported. In addition, 83 migrant workers who encountered problems were repatriated to North Sumatra in 2018. The most common forms of trafficking include the exploitation of women and children for prostitution, both domestically and internationally. In addition, women are also exploited and trafficked to become domestic workers. Exploitation of homeless children and illegal adoption also occurs, as does the exploitation of women and children who are forced to work in illegal, dangerous or exploitative jobs. 4 Simfoni PPA, Ministry of Women's Empowerment and Child Protection, 2020. 5 Ibid. 6 Mei Leandha (26 December 2016) ‘Kasus kekerasan Seksual pada anak tertingg di Sumatera Utara, Kompas.com, accessed online https://regional.kompas.com/read/2016/12/26/13410401/kasus.kekerasan.seksual.pada.anak.tertinggi.di.Sumatra.utara. 7 Simfoni PPA, Ministry of Women's Empowerment and Child Protection, 2020. 8 Laporan Perkawinan Anak, PUSKAPA, 2020. 9 Rosramadhana Nasution, Ketertindasan Perempuan dalam Tradisi Kawin Anom. Subaltern Perempuan pada Suku Banjar dalam Perspektif Poskolonial, Yayasan Pustaka Obor Indonesia, 2016. 8 1.3. Potential GBV (SEA/SH) Risks in the Project Areas The proposed activities of the project involve land acquisition/requisition/lease and major construction works which can have adverse impacts on communities, in particular on women and children. Therefore, it can exacerbate the potential risk of GBV in number of ways. Based on the Bank’s GBV Risk Assessment, the Project’s GBV risk rating are assessed as “substantial”. Below are some of the potential GBV project related risks in Mebidangro : ▪ Widening of roads might be necessary in some places to accommodate the BRT stations, as well as four lane roads. Although, so far it is unclear if land acquisitions or resettlement of households will be necessary, it is important to ensure When land redistribution occurs, women may be extremely vulnerable to GBV, especially where the legal systems preclude women from holding land titles. ▪ A number estimate for needed laborers could not be found, but the maximum number is not expected to exceed 150 laborers. The increase of labor influx may potentially increase the risk of incidents of SEA/SH between workers and the nearby community, such the high demand for sex work, and early forced marriage. ▪ The greater mobility of people due to the project could also contribute to raising a number of social problems; such as greater exposure to sexually transmitted diseases including HIV/AIDS due to influx of outsiders. It also may lead to social tensions among the local communities, including on the increased intimate partner violence within the community triggered by male jealousy, when workers are believed to be interacting with community women. • The construction work may also lead to the recruitment of child labor 1.4. Capacity Assessment of the Implementing Agencies The project is challenging and requires multi-agency cooperation at various levels. While a complex institutional structure poses coordination challenges during implementation, it is essential for the success of the project and sustainability of interventions. MOT will be in charge of the project implementation as a key central government institution which has an important role related to urban transport development. Directorate General of Land Transport (DGLT) and Directorate General of Railways (DG Rail) of MOT will jointly establish a Project Management Unit (PMU). 
 Project Implementing Units (PIUs) at sub-national level: Transport Agency of North Sumatera Province (responsible for coordination and implement projects in Medan Metropolitan Area) will set up a PIU that will be responsible for coordinating all activities with relevant agencies and across the boundaries of the cities and regents comprising the metropolitan areas, and with the central government agencies. 
 The Environmental and Social risk is deemed high on account of the large magnitude of works in urban settings and the associated environmental and social impacts. For case handling procedures, there are several parties involved10, starting from the village, sub-district, to district/city levels. However, the roles and responsibilities of each party are, of course, different. For example, at the village level, there is a village government structure, 10 This mechanism, in general, applies to almost all of Indonesia, including in the province of West Java, although, of course, there are minor differences from one region to another. 9 in which there are women representatives or family welfare groups (PKK), where complaints are usually filed. Then at the sub-district level there is a community health centre (puskesmas) or police station, which also plays a role in receiving reports of violence cases, medical support as well as legal assistance. At the district/city level, there are service providers either government led institution, known as the integrated center for women empowerment and child protection - P2TP2A or UPT PPA, which are the main service providers in handling cases of violence against women and children, and service providers from civil society institutions (NGOs) that provide services to women and children victims of violence. A list of service providers in all project intervention areas, plus information on the form of services provided by each service provider can be seen in appendix 1. Table 1. Institutions and related Parties Involved in GBV Case Reporting and Handling Institutions / related parties involved in the GBV case Type of Service provided Level reporting and handling Village based institutions: Complaint Village level i.e. PKK District Police Legal assistance Sub - district level Community health Centre - Medical service puskesmas P2TP2A; UPT PPA (government Integrated services: District / city level led service provider) complaint; medical support; psychosocial Province NGOs – provided support for support; shelter; women and children survivors of reintegration violence Source: Minimum Service Standards for Women and Children Victims of Violence, Ministry of Women Empowerment and Child Protection 1.5. SEA/SH Action Plan SEA/SH action plan is a risk mitigation tool that comprises a range of activities that aim to first; to identify GBV risks and take specific actions to reduce those risks. GBV- related risks can exist in the general environment, within families and communities, and in humanitarian service provision as well as in civil work construction. SEA/SH Action Plan specifically outlines how the project will put in place the necessary protocols and mechanisms to address the GBV risks; and to respond any GBV incidents that may arise. The Implementing Agency (IA) will be responsible to ensure that the project has an appropriate GBV Action Plan. This SEA/SH action plan is developed to specifically address the SEA/SH risks during construction of BRT Bandung. Action plan related to risk mitigation and sexual harassment prevention and response during operation has been developed as part of the Gender Equality and Social Inclusion-Action Plan include: 10 1. Increase smart surveillance, such as CCTV in vehicles, stations, and waiting areas 2. Support bystander interventions through communications and trainings, as appropriate 3. Create robust sexual harassment complaint mechanisms that follow-up complaints with rapid responses, investigations, and enforcement 4. Manage overcrowding and congestion to proactively pre-empt problems, especially in vehicles and when boarding and departing trains and buses 5. Raise awareness about security issues, such as crime and sexual harassment, via information campaigns 6. Objective The GBV Action Plan is used to outline the project’s GBV prevention and response activities. The GBV Action Plan outlines how the project will put in place the necessary protocols and mechanisms to minimize the risk of exacerbating GBV in the project, as well as to address any GBV issues that may arise. This GBV action plan was prepared to assist project related actors in establishing an approach to identifying risks of GBV, in particular Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH), that can emerge in civil works contracts and to advise project related actors accordingly on how to best manage such risks. 7. Key Principles Guiding this Action Plan This GBV action plan of Mebidrango Mass Transit project is guided by several key principles below: Figure 1. Key Principles Guided This Action Plan Be survivor centred Enable continuous Emphasize monitoring prevention and learning Key principles Build on Be existing evidenced- local based knowledge Be adaptable Source: adopted from Good Practice Note, Addressing Gender Based Violence
in
Investment Project Financing involving Major Civil Works, World Bank Publication, September 2018. 11 ▪ Be survivor-centered: Approach considerations related to GBV prevention, mitigation and response through a survivor- the confidentiality of survivors, recognizing them as principle decision- makers in their own care and treating them with agency, dignity and respect for their needs and wishes. ▪ Emphasize prevention: Adopt risk-based approaches that aim to identify key risks of GBV and to undertake measures to prevent or minimize harm ▪ Build on existing local knowledge: Engage community partners—local leaders, civil society organizations, gender and child advocates— as resources for knowledge on local level risks, effective protective factors and mechanisms for support throughout the project cycle. ▪ Be evidenced-based: Build on existing global research and knowledge on how to address GBV effectively. ▪ Be adaptable: Operational guidance presented in this note provides the foundation for an effective GBV risk management approach; adapt and adjust mitigation measures to respond to the unique drivers and context in any given setting. ▪ Enable continuous monitoring and learning: Ensure operations integrate mechanisms for regular monitoring and feedback to track effectiveness and to build internal knowledge of what works to prevent, mitigate and respond to GBV. 8. Key Activities for GBV Risk Mitigation and Management The action plan will focus on some corresponding mitigation measures sensitizing the communities and other stakeholders, strengthening the institutional capacities to mitigate project related potential risk of GBV in the project affected population. A survivor-centric approach is followed all through, and victim/survivors’ care and providing access to different referral mechanisms are considered key aspects of this plan. This action plan has addressed a list of recommended actions to address GBV Risks in the Project as per the “Good Practice Note” published by the World Bank. Specifically, there will be 2 main approaches in GBV Risk mitigation & management, they are: a). Addressing GBV Risk b). Responding to GBV incidents. Therefore, the key strategic activities that will be developed will be based on these two approaches. Figure 2. A two-pronged approach of GBV Risk Prevention and Management Addressing the risk Responding to incident Integrating GBV into procurement Setting up the grievance system process Establishment of coordination with Awareness raising /Training service providers Ensure the proper case handling Estbalishment of Code of conduct adhered to safety and ethical principle Source: World Bank Good Practice Note 12 4.1. Addressing GBV Risk through Procurement Process To address GBV in project, it should be started by integrating GBV into procurement processes. At this stage, it will be implemented into different stages of procurement process, starting from preparing the bidding (procurement) documents; during bidding and integrate into bid evaluation. Below are some specific approaches that will be applied in those different process: Table 2. Checklist of Addressing GBV Risk in Different Procurement Stages Stage of Procurement Recommended approach Preparation of ✓ To Reflect the findings of any ESA, and the requirements Bidding Documents of the ESMP for addressing GBV and overall ESHS risks into the bidding document ✓ To ensure that the bidding documents clearly define the project’s GBV-related requirements through the specifications and employer's requirements. ✓ To Allocate realistic cost for the contractor to implement the GBV requirements from project budget through provisional sum mechanism During bidding ✓ It is essential to draw the attention of bidders to specific GBV requirements on the project. This can be done for example through market engagement, use of clarifications, and/or during any pre-bid meetings. The key information to provide bidders includes: ▪ The ESMP requirements 
 ▪ That civil works will not commence until the C- ESMP has been approved by the IA or the supervision consultant 
 ▪ That the C-ESMP—including the GBV Action Plan—may be disclosed on the IA’s web site, and that the contractor should participate in public consultations at its own expense 
 Bid evaluation ✓ To ensure the specifications or ESMP in bidding documents to include the requirements to respond to particular GBV risks or predicted impacts. 4.2. Development and Endorsement of Code of Conduct (CoC) All organizations and parties involved in Medan Metropolitan Area project implementation are required to develop and implement codes of conduct for organizations, managers and staff. All related parties will sign the CoC before the commencement of the work. A sensitization on the regulation and sanction stipulated in CoC.to all related project actors will be carried out. Sanctions will be provided for those who breach the agreed regulation. Examples of potential sanctions include the following: • Informal warning; 13 • Formal warning; • Additional training; • Loss of up to one week's salary; • Suspension of employment (either administrative leave as above or without payment of salary), for a minimum period of one month up to a maximum of six months; • Termination of employment; and/or, • Referral to the police or other authorities as warranted. 4.3. GBV Awareness Raising and Training for Contractors, Consultants and Clients. As projects are implemented, training on GBV will be conducted, targeted group project implementers include civil works contractors (including sub-contractors and suppliers), supervision consultants, other consultants who may have a presence in the project adjoining communities, as well as PMU and PIU. The training materials will cover several topics, as listed below: Figure 3. The Mandatory Topics Covered in the Awareness Raising Training GBV Concept & how the project can exacerbate GBV risks Roles and responsibilities of actors involved in the project GBV incident reporting mechanism, accountability structures, and referral procedures for internal agency and community members, including code of conduct (CoC) Services available for survivors of GBV Follow-up activities to reinforce training content 4.4. Awareness Raising for Community Trainings on GBV for the project-affected communities will be also conducted with the objective to sensitized the community on the roles and responsibilities of actors involved in the project, processes for reporting incidents of project-related GBV, and the corresponding accountability structures. The awareness-raising activity should be conducted in parallel to the setting up of the complaint management system in order to develop a comprehensive response to GBV. Below are topics and themes, at a minimum, that will be covered in the training: • The standards of conduct for workers; • The definition of GBV and sexual exploitation and abuse, and the provisions specifically prohibiting GBV and SEA; • That they have a right to benefit from the Project without being subjected to GBV/SEA; • Where to report GBV/SEA incidents; • What services are available to survivors, and how to access them; • What to expect after making a complaint, including potential referrals, timeframes, and the roles, responsibilities, and any limitations of actors involved, and; • What steps the GRM and Medan BRT will take to ensure safety and confidentiality. 14 4.5. GBV integrated Grievance Redress Mechanism PIU will set up the GRM based on local resources and mechanism on GBV response and WB guiding model 1. Under this model, SEA/SH allegations can be reported, just like any other project-related grievance, using a regular project-level GM channel. In doing so, training of the responsible officials in the PIU will be provided on how to receive and handle SEA/SH including GBV complaints. The Social Safeguards Specialist, supervision consultants, contractors and PIU staffs will also be included in these trainings which will allow them to determine follow up modalities. To make the GRM more responsive to SEA/SH and GBV issues, an information sharing protocol with GBV service providers will be developed so that survivor related information is carefully managed, and confidentiality is maintained. GRM will have multiple complaint channels by having community consultations, to identify effective channels (e.g. local community organizations, health providers. In addition, awareness campaign and development of IEC materials on GRM will be done for the communities and stakeholders using easily accessible methods. A response protocol, reporting of allegation procedures and response framework of the GRM is attached (Annex 1). The communication materials will be disseminated among the communities and stakeholders through appropriate channels and media including project’s website and use of social media. 4.6. Establish coordination with existing service providers Service providers are the organization that have expertise in providing support for that provide support for GBV survivors, provided by both by non-government organizations and government led service providers. The government led service called the integrated service for women empowerment and child protection (P2TP2A or UPTD PPA), available either at provincial or regional level. The provided service includes case management support, health services, psychosocial support, police support and security, access to legal services, and shelter. As part of its responsibility in responding the case, the project will establish coordination with this key institution, especially to refer GBV survivor immediately after receiving a complaint. List of the service providers are attached (annex 1). 4.7. Monitoring and Reporting To assess the effectiveness of mitigation measures, project will monitor GBV activities in a regular basis. As part of the M&E process, indicators will be selected for inclusion in the project Results Framework. GBV indicators among others: ▪ Successful implementation of agreed GBV Action Plan (Y/N) 
 ▪ Number of training courses related to GBV delivered ▪ Percentage of workers that have signed a CoC ▪ Percentage of workers that have attended the CoC training. 
 ▪ Number of GBV grievances that have been referred to GBV Services Providers. An additional indicator which is useful to monitor is the time it took to resolve the GBV- related complaint. 15 9. SEA/SH Mitigation and Response Action Plans for Medan BRT Project Action Activities Timeline Indicator Responsibility Risk Management 1. Clearly define the Formulate and adopt During SEA/SH requirement PIU Review by WB SEA/SH requirements GBV informed bidding preparatio and expectation are and expectations in the document. n of the adapted in bid bidding documents for bidding document. contractor Inform the contractors document and provide orientation for contractor 2. Evaluate the contractors ▪ Evaluate contractor’s During the SEA/SH requirement PIU Review by WB SEA/SH Accountability ability to meet selection and expectation are and Response project’s SEA/SH process of addressed. Framework in C-ESMP prevention and the response contractor requirement prior to finalize the contract. ▪ Evaluate contractor’s CoC 3. GBV Capacity building Training/orientation Prior to PIU and project staff Task Team, Monitor the and technical support session carried out to constructi sensitized on the WB activities and for PIU sensitize PIU on on GBV/SEA/SH risk provide additional importance of factors in the project guidance as addressing areas and trained on necessary. GBV/SEA/SH risks on how to prevent and the project and the respond to mechanisms that will GBV/SEA/SH. be implemented 16 Extra sessions for # of project related training for Social staff sensitized on Safeguard Specialist, as SEA/SH. well as Procurement Specialist and Environment Specialist from PIU 4.Establish and strengthen a. Develop a referral Prior to PIU, but Ongoing an effective GRM that can process flowchart to mobilizati discussed monitoring and respond to GBV/SEA/ SH handle the SEA/SH on of and agreed reporting on GRM cases based on the existing cases upon with to verify it is contractor framework (using Model 1 the Task working as of GPN) Team. intended. b. Train personnel to Availability of an PIU, but Ongoing operate GRM i.e., effective GRM with discussed monitoring and proper documentation multiple channels to and agreed reporting on GRM for complaint initiate a complaint / upon with to verify it is registration and parallel SEA/SH. the Task working as management; and Team. intended. confidential reporting with safe and ethical documenting of SEA/SH cases. c. Inform community Availability of an PIU, but Ongoing about GRM effective GRM with discussed monitoring and multiple channels to and agreed reporting on GRM initiate a complaint / upon with to verify it is parallel SEA/SH. the Task working as Team. intended. 17 e. Provide appropriate Availability of an PIU, but Ongoing referral to effective GRM with discussed monitoring and complainants. multiple channels to and agreed reporting on GRM initiate a complaint / upon with to verify it is parallel SEA/SH. the Task working as Team. intended. 4.Awareness raising and Consultations carried Continued Community people PIU Monitor the sensitization on GBV out with the project- process all sensitized on SEA/SH implementation of affected local through risks. Stakeholder communities and other the Engagement Plan. stakeholders to inform project’s # of community them properly about duration members sensitized the potential SEA/SH risks and project # of sites where IEC activities to address material has been set SEA/SH related issues up including the risk of human trafficking, and Feedback collected on child marriage. project activities and finalize it. Disseminate the # of stakeholders relevant information on sensitized GBV/SEA/SH and other associated risks i.e., human trafficking and child marriage among the wider communities and stakeholders. 18 6.Codes of Conduct signed a. Specify appropriate Prior to # of project-related Contractor, Supervision and understood roles and mobilizati staff and workers Consultant, consultant responsibilities in CoCs. on of trained and oriented on IA reporting that CoCs contractor CoC. are signed and that b. Carry out workers have been orientations on CoC # of people who signed trained and c. Have CoCs signed by CoCs understand their all those with a physical obligations. presence at the project site. Monitoring of GRM d. Disseminate CoCs for GBV (including visual complaints. illustrations) and discuss with employees and surrounding communities. 7.Implement appropriate ▪ Have separate, safe Througho Documentation of Contractor, Ongoing reporting project related civil works and easily accessible ut measures taken to PIU to reduce SEA/SH risks. facilities for women constructi reduce GBV risks. and men working on on period the site. ▪ Locker rooms and/or latrines should be located in separate areas, well-lit and include the ability to be locked from the inside. ▪ Visibly display igns around the project 19 site (if applicable) that signal to workers and the community that the project site is an area where SEA/SH is prohibited. 8.Undertake regular M&E of Conduct M&E field Continued Successful PIU, Ongoing reporting progress on SEA/SH visits. process all implementation of Consultant, activities. through agreed SEA/SH Action contractors Review quarterly the the Plan (Y/N). action plan and project’s progress against duration Quarterly report indicators listed Provide quarterly report 20 Appendix 1. List of Service Providers Institution Address Contact Service Provided Integrated Centre for Jl.Iskandar Muda No.272 WIDYA SUSANTI,S.Psi Complaint and referral Women Empowerment and Medan 081361680791 Child Protection - P2TP2A dinas.pppa.provsu@gmail.com North Sumatra Province Office of Women's JL.A.H.Nasution No.112 061-8369584 Complaint and referral Empowerment, Child Medan dp3apm.ppa@gmail.com Protection, Community kmedan14@yahoo.co.id Empowerment, Medan City khpkkd@gmail.com Office of Population Jln. Negara Komp Perumahan Selvi Pasaribu Complaint and referral Control, Family Planning, Bumi Sergei 082311701488 Women's Empowerment dp2kpb3asegai@yahoo.com and Child Protection, Serdang Bedagai Regency Office of Women's Jln. Jamin Ginting Komplek dpppa.kabkaro@gmail.com Complaint and referral Empowerment and Child SKB Brastagi Protection, Karo Regency Office of Population Jln. Karya Usaha No. 5 Lubuk Claudia Complaint and referral Control, Family Planning Pakam 061-7951183, 085276169973 and Women's dinas_ppkb3a@deliserdangkab.go.id Empowerment Child ; kartikas2412@gmail.com Protection, Deli Serdang Regency Serikat Perempuan Jln Thamrin No.5 3A, Phone: 061 – 77821398 Consultations, accompaniment, Independen Kelurahan Syahmad. Lubuk Fax: 061 – 7952196 women's economic (SPI) Deli Serdang Pakam Sub-district, Deli 21 Serdang District, North Email: spi_deli@yahoo.co.id, empowerment, case handling, Sumatra Contact person: Farida Ariyani Lubis and community empowerment 081376540114. ayurahayu@yahoo.com.: 082366494252 HAPSARI Jln Thamrin No.5 3A, Contact person: (Riani) 0813 Awareness-raising, community Kelurahan Syahmad. Lubuk 2222235 organizing and outreach Pakam Sub-district, Deli email: hapsari1@indosat.net.id atau Serdang District, North as_hapsari@yahoo.com Sumatra LBH Apik Medan Jl. Jermal V No 1-C Kelurahan Phone: Legal support, training, Denai, Medan Denai Sub- 082157539308, 082115063359 counseling district, Medan City, North Email: lbhapikmedan@gmail.com, Sumatra apik_medan@yahoo.com Serikat Perempuan Perumahan Ganda Asri No. Phone 085261576319 Advocacy, counseling and Independen 19 J, Jl. H. Adam Malik, Ujung Email: spilb_inti@yahoo.co.id/ referrals (SPI) Labuhan Batu Bandar, Rantau Selatan Sub- spi_labuhanbatu@yahoo.com district,. Labuhanbatu District, North Sumatra Perkumpulan Peduli Medan Jl. Ramli II No. 21 Perumnas Phone: 061 77984796 Counseling, training, and Simalingkar, Medan City, Email: p-peduli@yahoo.com, advocacy 20141, North Sumatra Contact person: Veryanto Sitohang – 08126593680 / 08139698252 Email: tohang_very@yahoo.com Aliansi Sumut Bersatu Jl. Jamin Ginting Pasar VII No. Email: asb_plural@yahoo.com Advocacy, counseling and (Medan) 156 Padang Bulan, Medan accompaniment City, 20131, North Sumatra Yayasan Pusaka Indonesia Jl. Kenanga Sari No .20, Tj. Legal aid, rehabilitation and Sari, Medan Selayang Sub- reunification 22 district, Medan City, North Sumatra PESADA Sumut Jl. Empat Lima No. 24 E, Tel: 062723304 Strengthening women in politics, Sidikalang Sub-district, Dairi Email: pesada@indosat.net.id capacity building and awareness- District, North Sumatra Website: http://www.pesada.org raising WCC Cahaya Perempuan Jl.SM.Raja No.17 A Medan Psychosocial support 23 Appendix 2. Grievance Redress Mechanism (GRM) and Response Protocol for GBV/SEA and VAC Cases Figure 4. Channel for Case Reporting and Handling Case Reporting Case Handling & Support Case Handling & Support • Police PMU / Women • Hospital GBV Focal PIU Point Empowerment & • Psychosocial Child Protection Office - DP3A at NGO provincial and Service district level Litigation Survivor OHS Manager Provider • UPT PPA • P2TP2A Non-litigation Village based support: PKK, Puskesmas Survior can report to the nearest service Two ways coordination Reporting and referral Coordination and communication Case handling (litigation & non-litigation) Survivor non litigation support provision Reporting and referral Coordination and communication Litigation and non-litigation support 24 Continued support provision provided to survival Appendix 3. GBV Complaint Consent and Intake Form CONFIDENTIAL GBV COMPLAINT INTAKE FORM PART 1: CONSENT FORM Instructions: This section of the form should be filled by a GBV service provider or GBV focal point receiving a GBV incident linked to Medan BRT. Before beginning the interview, the GBV service provider/GBV focal point should remind the survivor/complainant that all information given will be kept confidential and treated carefully. They may choose to decline to answer any of the following questions. This form should be read to the survivor/complainant in their first language. It should be clearly explained to the client so that they can choose any or none of the options listed. I, ___________________________________________________, give my permission for (Name of Organization) to share information about the incident I have reported to them as explained below: I give authorization to (Name of Organization) to share the specific case information from my incident report with the agency or service providers I have indicated, so that I can receive support or make a complaint. I understand that shared information will be treated with confidentiality and respect and shared only with those involved in the management of the complaint and response. I understand that releasing this information means that a person from the agency or service provider may come to talk to me. At any point, I have the right to change my mind about sharing information with any agency or service. I would like information to be released to the following: Medan BRT or hereafter project (in order to make a complaint) Security Services (specify): ____________________________________________ Psychosocial Services (specify): ________________________________________ Health/Medical Services (specify): _______________________________________ Safe House / Shelter(specify): __________________________________________ Legal Assistance Services (specify): _____________________________________ Livelihoods Services (specify): __________________________________________ Other (specify type of service, name, and agency): __________________________ Consent to be marked by survivor/complainant: Yes No (or parent/guardian if under 18) I have been informed and understand that some non-identifiable information may also be shared for reporting. Any information shared will not be specific to me or the incident. 25 There will be no way for someone to identify me based on the information that is shared. I understand that shared information will be treated with confidentiality and respect. Consent to be marked by survivor/complainant: Yes No (or parent/guardian if under 18) Signature/thumbprint of survivor/complainant: _________________________ (or parent/guardian if complainant is under 18) Date:_____________________________________________________________________ Name of the survivor/complainant: _____________________________________________ Incident number (generated by the Grievance Officer): _____________________________ Address of the survivor/complainant: ___________________________________________ _________________________________________________________________________ Contact number: ___________________________________________________________ This information should be filed separately from the second section of the GBV complaint intake form, in a safely locked cupboard. 26 CONFIDENTIAL GBV COMPLAINT INTAKE FORM PART 2: INCIDENT DETAILS Instructions: This section of the form should be filled by a GBV service provider or GBV focal point in receipt of a GBV incident linked to Medan BRT. Before beginning the interview, the GBV perpetrators should remind their client that all information given will be kept confidential and treated carefully. This information will be shared, based upon their consent, with the Medan BRT GBV Complaints Team. They may choose to decline to answer any of the following questions. Did the individual consent to be referred to the Medan BRT complaint mechanism? YES NO If YES, please fill the entire form in all its sections. If NO, ask for complainant’s consent to only share their complaint code and type of incident (form of GBV) they reported, anonymously. Explain that this information will only be used by the program to gather information on risks created by the project to the safety and wellbeing of members of their community and will not result in any actions against them. No identifiable information specific to their incident (including anyone’s identify, location, etc.) will be shared with anyone at any time. Did the individual consent to share the complaint code and form of GBV they reported? YES NO If YES, please fill in the complaint code and form of GBV only If NO, please do not fill out this form Date of complaint intake (day, month, year): ______________________________________ Incident number (generated by the Grievance Officer): ______________________________ Age and sex of the survivor: __________________________________________________ Village where the incident took place: ___________________________________________ Is the name/nickname of the alleged perpetrator known? Known Unknown Name, if known: ____________________________________________________________ Function, if known: __________________________________________________________ Is the alleged perpetrator(s) linked to the project, in the complainant’s opinion? Yes No Unknown 27 Please include a physical description of the alleged perpetrator, if possible: The identity of witnesses, where appropriate: Times, locations, and dates of incident given by the survivor/complainant: Account of what was said by the survivor/complainant in their own words, as far as possible: Form(s) of GBV reported o Rape o Sexual assault o Physical assault o Psychological/emotional violence o Forced marriage o Denial of services, resources or opportunities Has information about the incident been shared with anyone else? Yes. Give details: __________________________________________________ No Did the complainant receive services (including referrals to other service providers)? Yes. Services received: Medical Counselling/Psychosocial Legal Safety/security Other. Please specify: No Did the survivor, if different from the complainant, receive services (including referrals to other service providers)? Yes. Services received: Medical Counselling/Psychosocial Legal Safety/security 28 Other. Please specify: No Any relevant observations made by the person receiving the complaint: This information should be filed separately from the first section of the GBV complaint intake form, in a safely locked cupboard 29 Appendix 4. Codes of Conduct Project Code of Conduct Preventing Gender Based Violence and Violence Against Children The contractors are committed to ensuring that the Project is implemented in such a way that minimizes any negative impacts on the local environment, communities, and its workers. This will be done by respecting the environmental, social, health and safety (ESHS) standards, and ensuring appropriate occupational health and safety (OHS) standards are met. The company is also committed to creating and maintaining an environment in which gender-based violence (GBV) and violence against children (VAC) have no place, and where they will not be tolerated by any employee, sub-contractor, supplier, associate, or representative of the contractors. Therefore, to ensure that all those engaged in the project are aware of this commitment, the company commits to the following core principles and minimum standards of behavior that will apply to all company employees, associates, and representatives, including sub- contractors and suppliers, without exception: General 1. The contractors – and therefore all employees, associates, representatives, sub- contractors and suppliers – commit to complying with all relevant national laws, rules and regulations. 2. The contractors commit to fully implementing their Contractors’ Environmental and Social Management Plan (CESMP). 3. The contractors commit to treating women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Acts of GBV and VAC are in violation of this commitment. 4. The company shall ensure that interactions with local community members are done with respect and non-discrimination. 5. Demeaning, threatening, harassing, abusive, culturally inappropriate, or sexually provocative language and behavior are prohibited among all company employees, associates, and representatives, including sub-contractors and suppliers. 6. The contractors will follow all reasonable work instructions (including regarding environmental and social norms). 7. The contractors will protect and ensure proper use of property (for example, to prohibit theft, carelessness or waste). Health and Safety 1. The contractors will ensure that the Project’s occupational health and safety (OHS) Management Plan is effectively implemented by company staff, as well as sub- contractors and suppliers. 2. The contractors will ensure that all persons on-site wear prescribed and appropriate personal protective equipment, preventing avoidable accidents and reporting conditions or practices that pose a safety hazard or threaten the environment. 30 3. The contractors will: i. prohibit the use of alcohol during work activities. ii. prohibit the use of narcotics or other substances which can impair faculties at all times. 4. The contractors will ensure that adequate sanitation facilities are available on site and at any worker accommodations provided to those working on the project. Gender Based Violence and Violence Against Children 1. Acts of GBV/SEA or VAC constitute gross misconduct and are therefore grounds for sanctions, which may include penalties and/or termination of employment, and if appropriate referral to the Police for further action. 2. All forms of GBV/SEA and VAC, including grooming, are unacceptable, regardless of whether they take place on the work site, the work site’s surroundings, at workers’ camps or within the local community. i. Sexual Harassment – for instance, making unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, of a sexual nature, including subtle acts of such behavior – is prohibited. ii. Sexual favors – for instance, making promises or favorable treatment dependent on sexual acts – or other forms of humiliating, degrading or exploitative behavior, are prohibited. iii. Sexual contact or activity with children under 18 – including through digital media – is prohibited. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. 3. Unless there is full consent11 by all parties involved in the sexual act, sexual interactions between the company’s employees (at any level) and members of the communities surrounding the workplace are prohibited. This includes relationships involving the withholding/promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activity is considered “non- consensual” within the scope of this Code. 4. In addition to company sanctions, legal prosecution of those who commit acts of GBV/SEA or VAC will be pursued if appropriate. 5. All employees, including volunteers and sub-contractors are highly encouraged to report suspected or actual acts of GBV/SEA and/or VAC by a fellow worker, whether in the same company or not. Reports must be made in accordance with project’s GBV and VAC Allegation Procedures. 6. Managers are required to report and act to address suspected or actual acts of GBV/SEA and VAC as they have a responsibility to uphold company commitments and hold their direct reports responsible. 11Consent is defined as the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained using threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even if national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. 31 Implementation To ensure that the above principles are implemented effectively the contractors commit to ensuring that: 1. All managers sign the Project’s ‘Manager’s Code of Conduct’ detailing their responsibilities for implementing the company’s commitments and enforcing the responsibilities in the ‘Individual Code of Conduct’. 2. All employees sign the project’s ‘Individual Code of Conduct’ confirming their agreement to comply with ESHS and OHS standards, and not to engage in activities resulting in GBV/SEA or VAC. 3. Displaying the Company and Individual Codes of Conduct prominently and in clear view at workers’ camps, offices, and in in public areas of the workspace. Examples of areas include waiting, rest and lobby areas of sites, canteen areas and health clinics. 4. Ensure that posted and distributed copies of the Company and Individual Codes of Conduct are translated into the appropriate language of use in the work site areas as well as for any international staff in their native language. 5. An appropriate person is nominated as the company’s ‘Focal Point’ for addressing GBV/SEA and VAC issues, including representing the company on the GBV/SEA and VAC Complaints Team (GCT) which is comprised of representatives from the client, contractor(s), the supervision consultant, and local service provider(s). 6. Ensuring that the GBV/SEA and VAC Action Plan is effectively implemented and revised as needed. 7. That the contractors effectively implement the agreed final GBV/SEA and VAC Action Plan, providing feedback to the Project’s FGRM for improvements and updates as appropriate. 8. All employees attend an induction training course prior to commencing work on site to ensure they are familiar with the company’s commitments to ESHS and OHS standards, and the Project’s GBV/SEA and VAC Codes of Conduct. 9. All employees attend a mandatory training course prior to commencement of work to reinforce the understanding of the project’s ESHS and OHS standards and the GBV/SEA and VAC Code of Conduct, as well as refresher training as relevant. I do hereby acknowledge that I have read the foregoing Contractor Code of Conduct, and on behalf of the company agree to comply with the standards contained therein. I understand my role and responsibilities to support the project’s OHS and ESHS standards, and to prevent and respond to GBV/SEA and VAC. I understand that any action inconsistent with this Company Code of Conduct or failure to act mandated by this Company Code of Conduct may result in disciplinary action. Company name: _________________________ Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ Manager’s Code of Conduct 32 Preventing Gender Based Violence and Violence Against Children Managers at all levels have a responsibility to uphold the company’s commitment to implementing the ESHS and OHS standards, and preventing and addressing GBV and VAC. This means that managers have an acute responsibility to create and maintain an environment that respects these standards and prevents GBV/SEA and VAC. Managers need to support and promote the implementation of the Company Code of Conduct. To that end, managers must adhere to this Manager’s Code of Conduct and sign the Individual Code of Condu ct. This commits them to supporting the implementation of the CESMP and the OHS Management Plan and developing systems that facilitate the implementation of the GBV/SEA and VAC Action Plan. They need to maintain a safe workplace, as well as a GBV-free and VAC-free environment at the workplace and in the local community. These responsibilities include but are not limited to: Implementation 1. To ensure maximum effectiveness of the Contractor and Individual Codes of Conduct: i. Prominently displaying the Contractor and Individual Codes of Conduct in clear view at workers’ camps, offices, and in public areas of the workspace. Examples of areas include waiting, rest and lobby areas of sites, canteen areas and health clinics. ii. Ensuring all posted and distributed copies of the Contractor and Individual Codes of Conduct are translated into the appropriate language of use in the work site areas as well as for any international staff in their native language. 2. Verbally and in writing explain the Contractor and Individual Codes of Conduct to all staff. 3. Ensure that: i. All direct reports sign the ‘Individual Code of Conduct’, including acknowledgment that they have read and agree with the Code of Conduct. ii. Staff lists and signed copies of the Individual Code of Conduct are provided to the OHS Coordinator, the Grievance officer, and the PIU Manager/E&S team. iii. Participate in training and ensure that staff also participate as outlined below. iv. Put in place a mechanism for staff to: (a) Report concerns on ESHS or OHS compliance; and, (b) Confidentially report GBV/SEA or VAC incidents through the Grievance Redress Mechanism (GRM) v. Staff are encouraged to report suspected or actual ESHS, OHS, GBV or VAC issues, emphasizing the staff’s responsibility to the Company and the country hosting their employment, and emphasizing the respect for confidentiality. 4. In compliance with applicable laws and to the best of your abilities, prevent perpetrators of sexual exploitation and abuse from being hired, re-hired or deployed. Use background and criminal reference checks for all employees. 5. Ensure that when engaging a partnership, sub-contractor, supplier or similar agreements, these agreements: i. Incorporate the ESHS, OHS, GBV/SEA and VAC Codes of Conduct as an attachment. ii. Include the appropriate language requiring such contracting entities and individuals, and their employees and volunteers, to comply with the Individual Codes of Conduct. iii. Expressly state that the failure of those entities or individuals, as appropriate, to ensure compliance with the ESHS and OHS standards, take preventive measures against GBV/SEA and VAC, to investigate allegations thereof, or to take corrective 33 actions when GBV/SEA or VAC has occurred, shall not only constitute grounds for sanctions and penalties in accordance with the Individual Codes of Conduct but also termination of agreements to work on or supply the project. 6. Provide support and resources to the Grievance Complaint Team to create and disseminate internal sensitization initiatives through the awareness-raising strategy under the GBV/SEA and VAC Action Plan. 7. Ensure that any GBV/SEA or VAC issue warranting police action is reported to the police, the PIU and the World Bank immediately. 8. Report and act according to the response protocol any suspected or actual acts of GBV/SEA and/or VAC, as managers have a responsibility to uphold company commitments and hold their direct reports responsible. 9. Ensure that any major ESHS or OHS incidents are reported to the client and the supervision engineer immediately. Training 1. The managers are responsible to: i. Ensure that the OHS Management Plan is implemented, with suitable training required for all staff, including sub-contractors and suppliers; and, ii. Ensure that staff have a suitable understanding of the C-ESMP and are trained as appropriate to implement the CESMP requirements. 2. All managers are required to attend an induction manager training course prior to commencing work on site to ensure that they are familiar with their roles and responsibilities in upholding the GBV/SEA and VAC elements of these Codes of Conduct. This training will be separate from the induction training course required of all employees and will provide managers with the necessary understanding and technical support to address GBV/SEA and VAC issues. 3. Managers are required to attend and assist with the project-facilitated training courses for all employees. Managers will be required to introduce the trainings and announce the self-evaluations, including collecting satisfaction surveys to evaluate training experiences and provide advice on improving the effectiveness of training. 4. Ensure that time is provided during work hours and that staff prior to commencing work on site attend the mandatory project facilitated induction training on: i. OHS and ESHS; and, ii. GBV/SEA and VAC required of all employees. Response 1. Managers will be required to take appropriate actions to address any ESHS or OHS incidents. 2. With regard to GBV/SEA and VAC: i. Provide input to the GBV/SEA and VAC Action Plan as needed. ii. Once adopted by the contractors, managers will uphold the measures set out in the GBV/SEA and VAC Action Plan to maintain the confidentiality of all employees who report or (allegedly) perpetrate incidences of GBV/SEA and VAC (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law). iii. If a manager develops concerns or suspicions regarding any form of GBV/SEA or VAC by one of their direct reports, or by an employee working for another 34 contractor on the same work site, they are required to report the case using the FGRM. iv. Once a sanction has been determined, the relevant manager(s) is/are expected to be personally responsible for ensuring that the measure is effectively enforced, within a maximum timeframe of 14 days from the date on which the decision to sanction was made. v. If a Manager has a conflict of interest due to personal or familial relationships with the survivor and/or perpetrator, they must notify the respective company and the GBV Complaint Team. The Company will be required to appoint another manager without a conflict of interest to respond to complaints. vi. Ensure that any GBV/SEA or VAC issue warranting police action is reported to the police, PIU and the World Bank immediately 3. Managers failing to address ESHS or OHS incidents or failing to report or comply with the GBV and VAC provisions may be subject to disciplinary measures, to be determined and enacted by the company’s CEO, Managing Director or equivalent highest -ranking manager. Those measures may include: i. Informal warning ii. Formal warning iii. Additional training iv. Loss of up to one week's salary v. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months vi. Termination of employment 4. Ultimately, failure to effectively respond to ESHS, OHS, GBV/SEA and VAC cases on the work site by the company’s managers or CEO may provide grounds for legal actions by authorities. I do hereby acknowledge that I have read the foregoing Manager’s Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to ESHS, OHS, GBV and VAC requirements. I understand that any action inconsistent with this Manager’s Code of Conduct or failure to act mandated by this Manager’s Code of Conduct may result in disciplinary action. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ 35 Individual Code of Conduct Preventing Gender Based Violence and Violence Against Children I, ______________________________, acknowledge that adhering to environmental, social health and safety (ESHS) standards, following the Project’s occupational health and safety (OHS) requirements, and preventing Gender-based Violence (GBV) and violence against children (VAC) is important. The contractor (___________________________) considers failure to follow ESHS and OHS standards, or to commit GBV or VAC—be it on the work site, the work site’s surroundings, at workers’ camps, in workers’ homes, or the surrounding communities—to be gross misconduct and grounds for sanctions, penalties or potential termination of employment. Prosecution by the police of those who commit GBV or VAC may be pursued if appropriate. I agree that while working on the Project I will: 1. Attend and actively participate in training courses related to ESHS, OHS, HIV/AIDS, GBV/SEA and VAC as requested by my employer. 2. Will wear my personal protective equipment (PPE) at all times when at the work site or engaged in project related activities. 3. Take all practical steps to implement the Contractor’s Environmental and Social Management plan (CESMP). 4. Implement the OHS Management Plan. 5. Not drink alcohol or use narcotics or other substances which can impair faculties before or during work activities. 6. Consent to a police background check. 7. Treat women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 8. Not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. 9. Not engage in sexual harassment—for instance, making unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, of a sexual nature, including subtle acts of such behavior (e.g. looking somebody up and down; kissing, howling or smacking sounds; hanging around somebody; whistling and catcalls; giving personal gifts; making comments about somebody’s sex life; etc.) 10. Not engage in sexual favors—for instance, making promises of favorable treatment dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior. 11. Not participate in sexual contact or activity with children—including grooming or contact through digital media. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. 12. Unless there is the full consent12 by all parties involved, I will not have sexual interactions with members of the surrounding communities. This includes relationships involving the 12Consent is defined as the informed choice underlying an individual’s free and voluntary intention, ac ceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained using threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even if national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. 36 withholding or promise of actual provision of benefits (monetary or non-monetary) to community members in exchange for sex – such sexual activity is considered “non- consensual” within the scope of this Code. 13. Report through the FGRM or to my manager any suspected or actual GBV/SEA or VAC by a fellow worker, whether employed by my company or not, or any breaches of this Code of Conduct. With regard to children under the age of 18, I will: 1. Wherever possible, ensure that another adult is present when working in the proximity of children. 2. Not invite unaccompanied children unrelated to my family into my home, unless they are at immediate risk of injury or in physical danger. 3. Not use any computers, mobile phones, video and digital cameras or any other medium to exploit or harass children or to access child pornography (see also “Use of children's images for work related purposes” below). 4. Refrain from physical punishment or discipline of children. 5. Refrain from hiring children for domestic or other labor below the minimum age of 14 unless national law specifies a higher age, or which places them at significant risk of injury. 6. Comply with all relevant local legislation, including labor laws in relation to child labor and the World Bank’s safeguard policies on child labor and minimum age. 7. Take appropriate caution when photographing or filming children. Use of children's images for work related purposes When photographing or filming a child for work related purposes, I must: 1. Before photographing or filming a child, assess and comply with local traditions or restrictions for reproducing personal images. 2. Before photographing or filming a child, obtain informed consent from the child and a parent or guardian of the child. As part of this I must explain how the photograph or film will be used. 3. Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive. 4. Ensure images are honest representations of the context and the facts. 5. Ensure file labels do not reveal identifying information about a child when sending images electronically. Sanctions I understand that if I breach this Individual Code of Conduct, my employer will take disciplinary action which could include: 1. Informal warning. 2. Formal warning. 3. Additional Training. 4. Loss of up to one week’s salary. 5. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. 6. Termination of employment. 7. Report to the Police if warranted. 37 I understand that it is my responsibility to ensure that the environmental, social, health and safety standards are met, and that I will adhere to the Occupational Health and Safety Management plan. I will avoid actions or behaviors that could be construed as GBV/SEA or VAC. Any such actions will be a breach this Individual Code of Conduct. I do hereby acknowledge that I have read the foregoing Individual Code of Conduct, agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to ESHS, OHS, GBV/SEA and VAC issues. I understand that any action inconsistent with this Individual Code of Conduct or failure to act mandated by this Individual Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ 38 Appendix 5. Required Clause for Bid Documents The Contractor shall prepare a GBV sub-plan in accordance with requirements of the Project’s GBV Strategy and Action Plan and Response Protocol (refer to this guideline in the ESMF). The Contractor will ensure that all contract workers and managers attend GBV induction training prior to beginning works and that time spent on trainings is paid (and must be allocated at times when workers are alert – e.g. not immediately after completing a night shift). The Contractor shall conduct regular community awareness-raising sessions to share information on GBV, available services, Codes of Conduct (CoC) content and Feedback and Grievance Redress Mechanism reporting channels. This can be combined or coordinated with HIV/AIDS training, but adequate time and attention must be given to GBV/SEA and VAC issues. Awareness-raising sessions should be supported by Information, Education, Communication (IEC) materials for display in worksites, workers’ camps and communities; The Contractor’s GBV sub plan will include: • Codes of Conduct – commitment to adopt and implement codes of conduct for company, managers and individuals (refer to templates provided in the GBV Action Plan); • Staff training – GBV training program including inductions and refresher trainings for all workers and managers led by a GBV service provider; • Community awareness raising – GBV community awareness program conducted by a GBV service provider and in parallel to the establishment of the project’s FGRM; • Managing Communities’ and Survivors’ Expectations – a clear approach to communicating the scope of the project’s GBV management measures; • Feedback and Grievance Redress Mechanism – outline FGRM with multiple channels to initiate a GBV complaint and ensure safe and confidential handling of cases. The Contractor shall adopt and implement the project’s GBV Response Protocol (refer to this guideline in the ESMF) including the development an effective feedback and grievance redress mechanism (FGRM) with multiple channels to initiate a GBV complaint and ensure safe and confidential handling of cases. The Contractor will ensure that the contrac tor’s E&S officer and contractor’s GBV service provider are represented and fulfil their responsibilities on the GBV Complaints Team. The Contractor’s management team will support the GBV Complaints Team to manage GBV related complaints and ensure that all complaints related have been referred to C-PMU and PIUs and the World Bank. 39