120909 REV Program-for-Results For the Hashemite Kingdom of Jordan For an Education reform support program ENVIRONMENTAL AND SOCIAL SYSTEMS ASSESSMENT (ESSA) World Bank November 2, 2017 Final Version 1 Table of Contents Acronyms ................................................................................................................................................................ 5 Executive Summary ................................................................................................................................................ 8 Purpose of the ESSA ........................................................................................................................................... 8 Program Objectives, Results Areas, Program Scope, and Disbursement Linked Indicators .............................. 8 Key Program Results....................................................................................................................................... 9 PforR Program Scope ...................................................................................................................................... 9 Disbursement-Linked Indicators ................................................................................................................... 10 Conceptual Approach to Social and Environmental Risks ............................................................................... 11 Environmental and Social Effects ..................................................................................................................... 11 Assessment of Borrower Systems ..................................................................................................................... 12 Screening of Category A-type interventions. .................................................................................................... 13 Stakeholder Consultations ................................................................................................................................. 13 Environmental and Social Recommendations Rationale .................................................................................. 14 Specific Recommendations ............................................................................................................................... 14 Introduction ........................................................................................................................................................... 15 Context .............................................................................................................................................................. 15 Program Objectives ........................................................................................................................................... 21 Key Program Results......................................................................................................................................... 21 Education Reform Support Program ..................................................................................................................... 22 Program Scope and Components ...................................................................................................................... 22 Program Costs ................................................................................................................................................... 24 Key Program Implementation Partners and Agencies .......................................................................................... 25 Program implementation ................................................................................................................................... 25 Program coordination ........................................................................................................................................ 25 Environmental and Social Systems Assessment: Aims and Approach ................................................................. 26 Methodology ......................................................................................................................................................... 27 Anticipated Environmental and Social Impacts of the Program ........................................................................... 29 Main Environmental Risks of the Program ....................................................................................................... 29 Description of the Borrower’s Experience in the Program ............................................................................... 32 Program Exclusions .......................................................................................................................................... 32 Main Social Risks of the Program......................................................................................................................... 33 Social Assessment – Risks of Social Exclusion - Poverty, Inequality, And Conflict In Jordan ....................... 33 Poverty, Quality of Education, and Service Provision ...................................................................................... 34 Child Labor ....................................................................................................................................................... 35 Children with Disabilities ................................................................................................................................. 35 2 Gender Inequality and Early Child Marriage .................................................................................................... 36 Displaced Children and of Migrant Workers with Illegal Status ...................................................................... 37 Violence Against Children ................................................................................................................................ 38 Other Groups ..................................................................................................................................................... 39 Social Risks Related to Land Acquisition and the Use of Land ....................................................................... 39 Previous Experiences of Institutions Involved in the Program ............................................................................. 42 Environmental Management Systems ............................................................................................................... 42 Social Management Systems ................................................................................................................................. 45 Relevant Regulations Impacting Children’s Access to Education, Management of Social Exclusion, and Child Protection .......................................................................................................................................................... 46 National Framework for Land Acquisition and Social Risk Management ....................................................... 47 Land and Property Ownership........................................................................................................................... 48 Procedures and Mechanisms for Expropriation ................................................................................................ 49 Grievance Procedures........................................................................................................................................ 51 Assessment of Institutional Capacity and Performance ........................................................................................ 53 Adequacy of Applicable Systems ..................................................................................................................... 53 Ministry of Education School Construction Capacity and Challenges ............................................................. 54 Ministry of Public Works and Housing Capacity and Challenges .................................................................... 55 Application of Regulatory Framework Governing Children’s Rights .............................................................. 58 Gender Mainstreaming at MOE ........................................................................................................................ 59 Domestic Violence and Jordan Penal Law ........................................................................................................ 59 Land Acquisition and Resettlement Issues............................................................................................................ 60 Conclusions and Recommendations...................................................................................................................... 69 ESSA Action Plan ............................................................................................................................................. 69 Environment ...................................................................................................................................................... 69 Recommendations for Ministry of Education ............................................................................................... 69 Recommendations for Ministry of Public Works and Housing .................................................................... 70 Recommendations for Architectural/Engineering and Construction Firms .................................................. 71 Social ................................................................................................................................................................. 71 Actions to Address Identified Risks and Gaps .............................................................................................. 71 Mitigation Measures for Risks Related to Land Acquisition ........................................................................ 71 Elements to Incorporate into the Program Action Plan ..................................................................................... 73 Annex 1 -REFERENCES ...................................................................................................................................... 75 Annex 2: Gender Analysis and Recommendations ............................................................................................... 76 Background ........................................................................................................................................................... 76 Section1: Gender Issues ........................................................................................................................................ 76 3 A. Overview ................................................................................................................................................... 76 B. School Environment .................................................................................................................................. 78 1) Teachers and teaching methods............................................................................................................. 78 2) Safety and protection............................................................................................................................. 79 C. Physical environment .............................................................................................................................. 80 D. Gender issues relating to curricula .............................................................................................................. 80 E. Gender equality at the MOE ......................................................................................................................... 81 Section 2: Recommendations ................................................................................................................................ 81 4 A/E Architectural and engineering CBO Community based organization DCU Development Coordination Unit DLI Disbursement Linked Indicator DLS Department of Lands and Survey ECED Early Childhood Education Development EGMA Early Grade Mathematics Assessment EGRA Early Grade Reading Assessment EIA Environmental Impact Assessment EMES Education Management Information System ERfKE Education Reform for the Knowledge Economy ESDP Education Sector Development Plan ESMF Environmental and Social Management Framework ESDP Education Sector Development Plan ESSA Environmental and Social Systems Assessment ESWG Education Sector Working Group ETC Education Training Center GBD Government Building Directorate GIS Geographical Information System GPSC General Policy Steering Committee HCDP Higher Council of the Disabled People HRDSIP Human Resources Development Sector Investment Project ICR Implementation Completion Report ILO International Labor Organization 5 INGO International Non-Governmental Organization IPF Investment Project Financing ITSs Informal Tented Settlements JICA Japanese International Cooperation Agency KG Kindergarten LAL Land Acquisition Law MENA Middle East and North Africa M&E Monitoring and Evaluation MOE Ministry of Education MOEnv Ministry of Environment MOPWH Ministry of Public Works and Housing MOSD Ministry of Social Development NAKFE National Assessment for Knowledge Economy NCHRD National Center for Human Resources Development NFE Non-Formal Education NHRDS National Human Resource Development Strategy NTPFS National Teacher Policy and Strategic Framework OECD Organization of Economic Co-operation and Development OHS Occupational Health and Safety OOSC Out of School Children OP Operational Policy PAPs Project Affected Peoples PforR Program for Results PISA Program for International Student Assessment PPPs Public-Private Partnerships RPF Resettlement Policy Framework 6 TA Technical Assistance TIMSS Trends in Mathematics and Science Study TRC Telecommunications Regulatory Commission TVET Technical and Vocational Education Training UNESCO United Nations Educational, Scientific and Cultural Organization UNICEF United Nations Children’s Fund UNHCR United Nations High Commissioner for Refugees USAID United States Agency for International Development VLD Voluntary Land Donation VTCs Vocational Training Centers WAJ Water Authority of Jordan WB World Bank 7 1. This Environmental and Social Systems Assessment (ESSA) has been prepared by the World Bank for the proposed Jordan Education Reform Support Program for Results (PforR). It includes the following information: (a) a summary of environmental and social risks and benefits associated with proposed activities required to achieve the Program Development Objective (PDO) and the Disbursement Linked Indicators (DLIs) for each results area; (b) an assessment of the borrower’s environmental and social management systems which apply to these activities, their risks and benefits; (c) an evaluation of the borrower’s performance and track record in implementing its environmental and social management systems; (d) an assessment of the extent to which the borrower’s environmental and social management systems are consistent with the Bank’s core environmental and social principles spelled out in Bank policy and associated guidance materials; and (e) a set of recommendations and actions which the borrower has agreed to undertake to improve the implementation of applicable systems. 2. This report was prepared by Bank staff and consultants through a combination of reviews of existing program materials and available technical literature, in-depth interviews with government staff, donors, partners, and key experts, as well as conducted select field visits to schools. Findings of the assessment will be used in the formulation of an overall Program Action Plan (PAP) with key measures to improve environmental and social management outcomes of the program. The findings, conclusions and opinions expressed in the ESSA document are those of the Bank. Recommendations contained in the analysis have been discussed with the Hashemite Kingdom of Jordan counterparts. Recommendations from the Consultations and additional pre-appraisal discussions have been integrated and are reflected into this document. 3. The Program Development Objective (PDO) would be to support the Ministry of Education (MOE) to expand access to early childhood education, and to improve student assessment and teaching and learning conditions for Jordanian and Syrian refugee children. 4. The PforR seeks to expand access to quality early childhood education and strengthen the education system through:  Expanding access and improved quality of ECE;  Improving teaching and learning conditions; and  Strengthening student assessment system;  Strengthening management of the education system. 8 Key Program Results 5. Key Performance Indicators are:  Number of Jordanian and Syrian refugee children enrolled in KG2, disaggregated by nationality, gender and type of schoolPercentage point reduction in the dropout rate of Syrian refugees, disaggregated by gender  Number of teachers evaluated against the new National Teacher Professional Standards (NTPS) who meet the minimum performance standards  First phase of Tawjihi reform completed PforR Program Scope 6. The PforR Program supports a sub-portion of the Government program (NESP) across four key Result Areas. These Result Areas fall under the access and quality themes for ECE and basic and secondary education. The PforR is valued at US$700.0 million, 10 percent of the $7.0 billion NESP and includes key activities that focus on access for ECE and quality for both ECE and basic and secondary education. Figure 1 provides an overview of the boundaries of the Government program and the PforR. 9 Disbursement-Linked Indicators 7. A subset of the results indicators from the four Results Areas are chosen as the DLIs as presented in Table 1. There are seven DLIs enabling the monitoring of performance in across the Results Areas: Table 1. Results Area and DLI Results Areas DLIs Justification for DLI selection Across Result DLI#1: Number of Syrian refugee A comprehensive and successful reform of the Areas children benefitting from the Program Jordanian education system requires a critical focus on (disaggregated by gender) increasing access and enhancing quality of education for refugee children Result Area 1: DLI#2: Number of additional children Access to ECE is a critical issue and the Government Expanded access enrolled in public and private KG2 needs to be incentivized to consider demand and supply and improved (disaggregated by gender) side interventions to increase enrollment quality of ECE DLI#3: Improved quality assurance Expansion of ECE needs to be accompanied by a strong system for KGs focus on quality. This DLI incentivizes the Government to ensure continuous quality improvements in public and private KGs, through the successful implementation of a comprehensive quality assurance system. Result Area 2: DLI#4: Strengthened teacher Teaching quality is critical to ensuring learning gains in Improved preparation and management the classroom. This DLI incentivizes improvements in teaching and teacher classroom practices by focusing on the use of learning the National Teacher Evaluation and Appraisal conditions Framework to evaluate and certify teachers DLI#5: Improved school climate in While there have been isolated efforts to improve schools with high proportion of Syrian school climate, DLI 5 serves as a concentrated incentive refugee children to make this a priority in the Education Sector Plan and allow an explicit focus on school with high proportion of Syrian refugee children DLI#6: Improved physical environment School maintenance is a critical issue for the physical environment of the school. In parallel with efforts made by GIZ, this DLI will ensure that the maintenance budget is not only allocated but also utilized at the school level. Results Area 3: DLI#7: Improved student assessment A fundamental reform of the Tawjihi, as part of a Improved system comprehensive and coherent redesign of all national student student assessments, is an indispensable requirement assessment for the new education reform to reach its full potential. system By allocating disbursements to clear targets, this DLI incentivizes meaningful action towards the reform. Result Area 3: DLI#7: Improved student assessment A fundamental reform of the Tawjihi, as part of a Improved system comprehensive and coherent redesign of all national student student assessments, is an indispensable requirement assessment for the new education reform to reach its full potential. system By allocating disbursements to clear targets, this DLI incentivizes meaningful action towards the reform. Result Area 4: DLI#8: Increased Availability of This DLI lays the foundation for all other DLIs, ensuring Strengthened Resources and Tools for the Program the adequacy of resources and funds available to the education system implementing agency to undertake the activities 10 management required to meet Program results. 8. The PforR is a program of national reach that will support government reforms to improve the access to early childhood education (ECE) and strengthen the education system which will benefit all children in Jordan. Its benefits are substantial and support the vision of the Government of Jordan to modernize its education system. 9. Factors affecting social risks can be classified into two broad categories: (i) risks associated with the potential of land acquisition linked with expansion (construction of new schools) and rehabilitation of schools and (ii) risks related to vulnerability issues and social inclusion. The interaction between these factors may multiply or minimize overall program risk. 10. Factors affecting environmental risks are of two types: (i) health and safety risks during the construction phase to site workers, teachers, students and the local communities adjacent to the project site, and during the operational phase to teachers and students; and (ii) environmental impact of construction (e.g. inputs, land use, and waste) as well as school operations (e.g. water supply and sanitation, solid waste management and maintenance needs). 11. The assessment of environmental risk level associated with the Program is Moderate. No major environmental impacts and risks are anticipated. It is envisaged that the Program will not include any Category-A type investments, nor pose any risk to natural habitats or physical cultural resources. Only Results Area 1 will have some environmental impact as it includes construction of new schools, and extension of existing schools in the form of added classrooms/child-friendly restrooms/playground. The other Results Areas consist of soft type of activities related to the educational system and the provision of computers. 12. The assessment of the social risk level associated with the Program is Substantial. While it is envisaged that the Program will not include any Category-A type investments. While the use of government land or swapping of land between ministries is a common practice, it is likely that it will be necessary to acquire land under the Program under Results Area 1. Land availability is a significant barrier to school expansion in Jordan therefore it will be necessary to introduce adequate screening systems to assess land availability, and provide technical support during implementation to ensure land acquisition and compensation to potential project affected people (PAPs) follow the World Bank safeguards standards. Direct economic and social impacts could include loss of land, assets and income, access to assets or housing resulting in adverse impacts to livelihoods. Unless properly managed, involuntary resettlement may result in long-term hardship and impoverishment for affected persons and communities, as well as social stress in areas to which they have been displaced. The Program Action Plan (PAP) includes procedures to make sure that adequate measures are taken to prevent negative impacts on physical cultural resources and natural protected areas. 13. The broader social inclusion risks associated with the Program, particularly in Results Area 2, are deemed Moderate. These risks are broader, contextual and political that are present in Jordan, prior to Program implementation. These risks have not been caused by the Program, however they may exacerbate other project-related risks if not managed adequately. These include: exclusion due to poverty, violence in schools (various forms), gender biases in school curriculum, vulnerability and 11 psychological distress amongst poor Jordanians and Syrian refugees leading to negative coping strategies such as child labor, early marriage, and begging, and contributing to children dropping out. Table 2. Summary of Environmental and Social Risks by Results Area Jordan PforR Overview Social and Social Risk Environmental Risk Environmental Risk Ratings PforR Results Area 1: Expanded Low to Moderate due to the Access and Improved Quality of Early Substantial due to the need potential for facilities Childhood Education to acquire land to expand construction to create school facilities which may increases in air, water, solid potentially lead to direct waste pollution for all economic and social residents, as well as to create impacts on PAPs. direct impacts on construction workers PforR Results Area 2: Improved Moderate due to the Teaching and Learning Environment broader, contextual, and political risks around Negligible vulnerability and exclusion, which may exacerbate other program risks. PforR Results Area 3: Improved Negligible Negligible Student Assessment System PforR Results Area 4: Improved Negligible Negligible Management of Education System Overall Risk Rating Substantial Moderate 14. The applicable federal and Governorate environmental and social management systems in Jordan, from a legal, regulatory and institutional perspective, are considered generally appropriate and comprehensive for environment in relation to the principles of the ESSA, however weak in relation to the implementation of the social issues, particularly on land acquisition. The scope of the legal and regulatory systems is adequate to address underlying environmental and social risks, therefore, no significant changes to the overall structure of these management systems are required or proposed. The systems, on paper, are in many respects consistent with the principles and attributes of a well- functioning system as defined by Bank policy. 15. However, the institutions, processes, and procedures at the Governorate level are not supported by adequate human and/or financial capacity to operate as designed. Enforcement of the legal framework governing compliance on social and environmental standards is weak. Several policy gaps exist between Bank policies and Jordanian laws regarding land acquisition, compensation, and resettlement. To begin to address these capacity constraints and to close these important implementation gaps, an incremental step-by-step, risk-based approach is recommended throughout the life of the proposed operation. 16. The Program Action Plan (PAP) includes procedures to make sure that adequate measures are taken to prevent negative impacts to people, physical cultural resources and natural protected areas. The proposed actions will contribute to strengthening the Ministry’s ability to manage future land 12 acquisition in a transparent, consultative, and equitable manner. With regard to sustainability, the Program has a strategic objective of improving access to quality teaching and learning for all children in Jordan which will lead to better educational attainment outcomes and contribute to a more equitable access to education and social inclusion. 17. Consequently, it is difficult to estimate either the number of landowners and/or users who will be affected by the land acquisition process or the severity of the impact of land expropriation on them and their families. In order to minimize the potential negative impacts of involuntary land acquisition, screening criteria will be developed to ensure that Category A-type investments are excluded. Despite the lack of specific details related to land acquisition needs at this stage of the Program, the ESSA emphasizes that land acquisition can be a key cause of potentially negative social impacts and social risks if not handled carefully. The most important of the land-related risks are: a) the limited capacities of the MOE and associated relevant entities in dealing with land issues, including the communication and consultation with the affected groups; b) the lack of a consistent and transparent approach in managing some of the land acquisition aspects (for example, the valuation of land price, the poor level of consultation with affected groups, and the absence of appropriate local-level grievance mechanisms for issues related to land); c) the livelihood risks related to land acquisition, particularly on those without legal titles, squatters, and illegal users, and; d) the potential delay in the scheduled time frame as a result of land acquisition, including in the cases where the absence of land title creates problems and imposes delay on projects; 18. The borrower shall ensure that the Program excludes any activities which, in the opinion of the World Bank, are likely to have significant adverse impacts that are sensitive, diverse, or unprecedented on the environment and/or affected people, as defined in the World Bank policy on PforR financing. The Program interventions are expected to be relatively small-scale projects that will not have significant, diverse, sensitive, or unprecedented impacts that could affect a wide area of influence. However, the exact locations of the schools and classroom expansion will only be known in the plans that will be developed during the Program implementation; therefore, the ESSA comprises procedures to be followed by the MOE land acquisition staff and supporting entities to screen any possible Category A-type intervention. The MOE staff will be trained to screen such projects. 19. The preparation of the ESSA has been carried out in a participatory manner involving feedback and inputs from a number of key stakeholders working in government, nongovernmental organizations (NGOs), and other sectoral experts, donor agencies, and international partners. The Bank team has used interviews and stakeholder dialogue in combination with more formal meetings to solicit information relevant to the analysis as well as to verify judgments made in the course of conducting this review. The Bank team has also conducted several field visits to schools (KGs, boys and girl schools) as well as met with other international organizations and specialists in this field. The Consultation took place on September 20th, 2017 and recommendations raised have been incorporated. 13 20. The applicable federal and governorate environmental and social management systems in Jordan, from a legal, regulatory, and institutional perspective, are considered to be generally appropriate and comprehensive. No significant changes to the overall structure of these management systems are required except for the need to further strengthen the Land Acquisition Section of the MOE due to limited staffing, resources, and training. Moreover, enforcement of the legal framework governing compliance on child protection, labor and environmental standards is weak therefore will need to be monitored during implementation. System gaps are related to: poor coordination between the various entities involved in child protection (ie., MOL, MoSL, MOE), and compliance of regulations. 21. Jordan Ministry of Education school design and construction national standards are largely commensurate with international standards. Areas where there are systems gaps include: coordination between Ministry of Education and MOPWH, which leads to gaps in accountability; sophistication of Ministry of Education planning processes and accompanying information systems; and effective mechanisms for handover and operation and maintenance phases of schools. 22. Jordan Ministry of Education school design and construction national standards are largely commensurate with international standards. Areas where there are systems gaps include: coordination between Ministry of Education and MOPWH, which leads to gaps in accountability; sophistication of Ministry of Education planning processes and accompanying information systems; and effective mechanisms for handover and operation and maintenance phases of schools. 23. As much of the overcrowding of schools is in already-densely populated urban areas, environmental conditions associated with construction infilling is one area where the current guidelines for school design and construction need to be updated. Infill construction often results in: smaller, more complex school design; more complex construction methods; need for upgrading of existing utility connections in order to carry greater loads; greater potential for construction-related pedestrian and traffic accidents; and greater potential for noise and dust impact on adjoining properties. 24. Rapid changes in composition of construction materials as well as changes in energy efficiency potential of alternative technologies should also prompt updating of the school design and national standards. Lastly, adoption of design features and construction materials which require less maintenance can partially mitigate systemic insufficient supervision of and funding for post- construction maintenance. Competitive private sector contracting of operational maintenance should be piloted and scaled up, as the Ministry of Education does not have the comparative advantage to provide such maintenance. 25. This draft ESSA recommends undertaking the following social and environmental measures during the life of the program: a) Strengthening the capacity of the MOE in environmental and social impact assessments and land acquisition processes through, development of standard procedures aligned with World Bank standards, and training to central MOE and Directorate staff on land acquisition; 14 b) Strengthening safety at schools and social cohesion through implementing a pro-social behavior pilot to improve school environment and minimize violence integrating gender considerations and specificities in handling cases of violence; and provide continuous training to psychosocial counselors on violence prevention and social cohesion mechanisms in and around schools; c) Strengthening transparency and accountability through the development and roll-out of a mobile app for monitoring and reporting on school environment. MOE will build on existing GIS and collaborate with the Communications/Media Department to develop mobile app for reporting on school supplies, teacher absenteeism, grievances, and bullying. d) Systematically integrating gender mainstreaming efforts into MOE activities through (i) enhancing the capacity of MOE staff and respective partners to mainstream gender in teacher training (KG-12 grade), and process of constructing and maintaining schools; (ii) review and sensitization of teacher training material and training to reduce gender biases and stereotypes in teaching behaviors, (iii) developing guidelines of classroom environment training in classroom handling (boys behave differently than girls), (iv) support to teachers (mostly women) of grades 1-3 for a safe learning environment for girls and boys and (v) assisting implementation of existing MOE Gender Strategy. e) Improving physical school environment so they are adapted to children with disabilities and special needs which would include accessibility, lighting and classroom acoustics, including enforcing high standards in the provision of sanitation infrastructure that is gender appropriate (proportion of toilet facility, lighting and safe accessibility); and ensuring that the Program will comply with all World Bank safety standards during construction/expansion around project sites. f) Updating of Jordan school construction standards to emphasize design alternatives with low- to-no maintenance costs. Although ERfKE-related program evaluations have remarked on the robust construction of the buildings and equipment with the lowest-possible maintenance requirements, construction materials and technologies change quickly. Designing to avert common maintenance challenges during school operations (e.g. toilets, lighting, walls, etc.). g) Improve the overall hygiene, environmental and safety aspects in school through adapting more efficient maintenance arrangements at school level. Currently, responsibilities for minor repairs (schools), major maintenance works (educational directorate) and new builds and extensions (Ministry in Amman) are clearly regulated. The implementation of these responsibilities is challenged on the ground with some procedural and financial difficulties that should be addressed through allocating proper resources and addressing some procedural aspects, particularly, at directorate and school levels. 26. Despite strong economic and social progress in previous decades, Jordan continues to face challenges that have been amplified by the Syrian crisis. Economic growth has slowed down in 2016 for the second year in a row—to an estimated 2 percent from 2.4 percent in 2015. Indicators of human 15 development and living standards have stagnated since 2009, after strong improvements from 1990 to 2008. The Human Development Index (HDI), which measures long-term progress in three basic dimensions of human development (a long and healthy life, access to knowledge, and a decent standard of living), has remained at 0.742 since 2008, placing Jordan in the 86th position of 188 in the HDI ranking. This situation is explained by various factors, including the effects of the Syrian crisis and the fallout from the 2007–2008 global financial crisis. 27. Jordan faces a significant demographic challenge with the influx of large numbers of Syrian refugees. The Syrian refugee crisis adds to the fiscal stress and puts serious strains on the government’s ability to provide public services, including health and education. As of August 2017, Jordan hosts 660,582 registered Syrian refugees, of which 232,868 are school-aged children requiring the provision of education services. Eighty percent of refugees live in host communities, representing 10 percent of Jordan’s population, while the remaining live in dedicated refugee camps. Per the recent 2016 government census, the total number of Syrians in Jordan reached an estimated 1.265 million, representing 13.2 percent of population . Jordan has been committed to integrating Syrian refugee children in the public formal sector, and as of June 2017, approximately 10 percent of children in public schools were Syrian refugees. Therefore, it is important that education services to refugee children in Jordan respond to the nature of the challenges they face in the education system. 28. Jordan’s economic development hinges on the existence of an education system that provides students with the cognitive and socioemotional skills needed to succeed in the labor market. Realizing the full potential of educational investments for economic prosperity requires improving access and quality of education for both girls and boys. Additionally, the cost of not educating refugee children is high in terms of loss of human capital for regional economic development, as well as for the long-term processes of peace, stability, and reconstruction. It is thus necessary for the education system to be agile and address the existing education quality challenges by strengthening the system's ability to manage a growing number of students, including refugee and vulnerable children. Sectoral and Institutional Context 29. The pre-tertiary education system in Jordan is organized in three levels: (1) early childhood education or preprimary—kindergarten (KG) 1 and 2; (2) compulsory basic education, comprising primary and lower secondary levels (grades 1–10); and (3) upper secondary education comprising both academic and vocational streams (grades 11 and 12). The pre-tertiary education system is managed by the Ministry of Education (MOE), while the Ministry of Higher Education and Scientific Research (MOHESR) manages tertiary institutions (universities and vocational colleges). 30. Over the last two decades, Jordan has made efforts to improve access to education for boys and girls, and to increase the efficiency of its education system. The country has spent many years pursuing reforms towards a knowledge economy. Through multi-donor development programs such as the “Education Reform for Knowledge Economy� (ERFKE), Jordan made impressive strides in terms of schooling access and attainment and enrollment rates: under the first phase of ERfKE, the primary gross enrollment ratio increased from 71 percent in 1994 to 99 percent in 2010 (98 percent for girls and 99 percent for boys), and the transition rate to secondary school increased from 63 percent to 98 percent over the same period (98 percent for both girls and boys). The transition rate between grades is relatively stable above 96 percent from grades 1–8; however, in grade 9, there is a marked drop down to 90 percent and a corresponding surge in dropout up to 7 percent. Repetition peaks at 3 percent in grade 10, but it is comparatively lower than in many other MENA countries and beyond. 16 31. Most Syrian refugee children have access to education services in Jordan but challenges remain. The Government of Jordan (GOJ) has committed to protecting Syrian children’s right to education and has provided free education services to Syrian students by accommodating them in existing classrooms and creating double-shifts to meet the demand for schooling. In 2016, the GOJ adopted the Jordan Compact in which several donor partners increased their support to bring more children into the public education system, notably through the “Accelerating Access to Quality Formal Education for Syrian Refugees� plan. Through its “Catch-up� program, the United Nations International Children’s Emergency Fund (UNICEF) has also been providing Syrian refugee children 9 to 12 years old with a pathway into formal schooling. Out of the 232,868 school-aged Syrian refugee children in Jordan, approximately 83 percent of Syrian refugee children have access to education services: 54 percent through formal public provision and an additional 29 percent through non-formal education. However, enrollment in formal education is not uniform across grade levels. While more than half of basic education refugee children are enrolled in formal education, less than 10 percent are enrolled in preprimary formal education. The GOJ’s recent National Education Sector Plan (NESP) 2016–2022 sets out clear objectives to increase the enrollment of Syrian refugee students (male and female) in public schools in formal and non-formal sectors, with the assistance of donors, civil society organizations, and the United Nations High Commissioner for Refugees (UNHCR). 32. Interventions to increase education access for refugee children should be targeted at those aspects of the education system in which there is greatest need. Enrollment rates for Syrians are dramatically low in early childhood education (ECE), where the enrollment rate is less than 20 percent, and secondary education, where the enrollment rate reaches approximately 20 percent. While there are significant challenges in absorbing both Jordanian and Syrian refugee children in ECE, low enrollment rates in secondary education are due to high dropout rates - often linked to early marriage for girls and to child labor for boys - most Syrian refugees attend all grades of basic formal education. So, while it is paramount to increase the supply of education services for the youngest children, it is also necessary to retain students in classrooms to the end of secondary school and provide a quality education throughout. 33. Syrian children face substantial challenges, many of which are the same as those faced by disadvantaged Jordanian children. Not only do Syrian children face a limited supply of places in ECE and a system that fails to efficiently and effectively graduate students from the end of secondary school (as do their Jordanian counterparts), but they carry the consequences of family disruption, the psychological and emotional consequences of forced displacement, and the challenges of integration in the host communities. Given this, it is important that any intervention that touches Syrian refugee children is accompanied by a strong component that fosters prosocial behavior, promotes respect and peaceful cohabitation, and reduces violence and bullying in schools, which have been documented particularly in boys schools. These interventions would benefit both Syrian refugees and Jordanian students, particularly those from disadvantaged backgrounds. 34. The expansion of education access to Syrian refugees has exacerbated challenges in maintaining and improving the quality of education. While the immediate focus of the MOE has been on its ability to provide additional classrooms or school buildings, including furniture and textbooks, the most concerning impact of the crisis is the protracted deterioration of the quality of education that jeopardizes the delivery of services. The introduction of double shifts in schools is constraining instructional time for students in both shifts. Additionally, newly recruited teachers are insufficiently trained, and are expected to manage large class sizes, making the school environment less conducive for learning. 17 35. Jordan needs to improve learning outcomes and make its education system more resilient to shocks by deepening and implementing quality- and access-enhancing policies. The main underlying challenges that significantly impact the performance of the education system, as outlined below, are low access to quality early childhood education (ECE) and its impact on school readiness, and a learning crisis attributable to the existing learning environment, teaching quality, and the student assessment and examination system. Any intervention that increases the quality of education would impact not only all Jordanian children in the system, but also all Syrian refugee children. 36. A key challenge facing the education system is the low access to quality ECE services that leads to poor school readiness, particularly for children from poorer and disadvantaged backgrounds, including Syrian refugee children. High-quality ECE yields numerous benefits for children that affect them well into adulthood, including improved school performance, lower repetition rates, fewer dropouts, and better outcomes in the labor market. Yet, enrollment in the first and second years of KG remains low at 13 and 59 percent, respectively, in sharp contrast to the universal enrollment rates achieved for primary and secondary. With KG enrollment strongly associated with family income, it is estimated that most children from the two bottom income quintiles are deprived of the benefits of an early childhood education. Far from leveling the playing field for all children, this enrollment structure is likely to widen the school readiness gap across socioeconomic lines in the first years of primary school . Limited specialized in-service training opportunities and pedagogical support constrain KG teachers’ ability to structure learning around age-appropriate and play-based activities that stimulate child development and early noncognitive skills. This, coupled with an efficient quality assurance system for KGs that does not monitor progress nor incentivizes continuous quality improvements, is likely to be limiting ECE’s contribution to children’s school readiness in the country. The 2014 Early Development Instrument, for example, revealed that a quarter of children enrolled in public KG2 in Jordan are “not ready to learn�, mainly due to inadequate levels of socioemotional development. As such, expanding access and ensuring quality in the provision of KG are likely to transform Jordanian and non-Jordanian student's’ ability to learn and succeed in school. 37. Poor student learning outcomes at all levels are a challenge in Jordan. One in five students in grade 2 cannot read a single word from a reading passage, while nearly half are unable to perform a single subtraction task correctly, thus lacking the foundational literacy and numeracy skills that enable further cognitive skill development. With a weak start, skills deficits compound such that by age 15, two-thirds of students do not meet the most basic level of proficiency in mathematics, and half are below basic proficiency in reading and science, as measured by the 2015 Program for International Student Assessment (PISA). Furthermore, learning outcome data show a reverse gender gap with girls performing better than boys in reading, math, and science. International comparisons place Jordan in the bottom 20 percent of PISA-participating countries and economies, substantially below average in mathematics, reading, and science. 38. A key contributor to the learning crisis is the misalignment of policies related to teacher selection, preparation, management, and pedagogical practices. Teachers in Jordan are ill prepared for the challenges of classroom teaching. This is largely because they receive insufficient and highly theoretical pre-service training, limited in-service training, and often suffer from weaknesses in subject specific knowledge and skills to advance the potential of children irrespective of their gender and socioeconomic background. The profession attracts poor-performing students (despite comparatively higher salaries and working conditions) and does not have sufficient professional development mechanisms to nurture novice entrants into the profession. Moreover, high-performing teachers are not recognized in the system, and incentives to motivate improved performance do not exist and are hard to assess given the absence of teacher professional standards. Teacher career paths are still dependent 18 on seniority and offer few avenues for teachers to explore possible promotion based on performance outcomes. 39. The MOE has been working toward the development and implementation of a comprehensive and integrated National Teacher Policy and Strategic Framework (NTPSF). The framework will outline policies for teacher preparation, selection, utilization, development, performance evaluation, and career path. Despite wide agreement with the NTPFS, the MOE has only been able to implement a few of its initiatives over the last seven years, mostly due to the prioritization of other activities and budget constraints. This has hindered the ability of MOE to attract high-performing candidates to the teaching profession and to effectively manage teachers to improve teacher classroom practices. With renewed political commitment, along with the directives posed in the National Human Resource Development Strategy (NHRDS)(2016–2025), the MOE is working toward formalizing and implementing the NTPSF. The overall aim of the NTPSF is to tackle the low status, social prestige, and quality of the professional performance of Jordanian teaching staff, and expand pre-service. This will be achieved by integrating all significant policies related to the teaching profession into a consistent and coherent vision that is inclusive of (1) the National Teacher Professional Standards, including a code of conduct; (2) the National Professional Development Framework; (3) a national teacher evaluation and appraisal framework; and (4) a national teacher career path and ranking framework. 40. The significant expansion in access to education, coupled with a weak maintenance system, has put serious strains on the education system’s infrastructure. Schools do not prepare maintenance plans, or conduct preventive maintenance; in many cases, there are significant differences between the way girls and boys schools are managed. Additionally, the ceiling for maintenance works conducted by an individual school is low and does not exceed 200 Jordanian Dinars (JOD) per transaction (approximately US$282 equivalent). For maintenance works exceeding the ceiling, schools are required to request the works to be conducted by the regional offices (for works not exceeding 10,000 JOD) or the central office of MOE (for works exceeding JOD 10,000 and below JOD 250,000). The school-level ceiling has not increased with the Syrian refugee crisis, even for schools that are enrolling a larger number of students and for the approximately 200 schools that are operating double shifts. In contrast, the average number of maintenance requests from schools to MOE has increased by 8.8 percent in the 3-year period 2013–2015 compared to the period 2010–2012, which predates the Syrian refugee crisis. In parallel, total spending by MOE on maintenance has nearly doubled over this same period, reaching an increase of 92.5 percent. 41. Competition for scarce resources between Jordanian and Syrian students is increasing social tensions and cases of school based violence. Tensions between Syrian and Jordanian students are visible and have been a matter of concern for teachers and school leaders who have limited capacity and support to manage violent and disruptive behaviors in a positive and constructive manner. It is estimated that 70 percent of Syrian students are bullied or verbally abused in schools (UNICEF 2016), while 78 percent of parents state that their children are subject to physical violence from teachers (UNICEF 2016). Syrian students are reported to leave school (1,600 students left due to bullying in 2016), or not enter at all, to preserve their safety and self-respect. 42. Teachers and school leaders are poorly trained to handle violence and disruptive behaviors. They have limited capacity to manage negative behaviors in a positive and constructive manner. Rather, teachers themselves are still prone to use aggressive means for managing classrooms and disciplining students. In the 2015-2016 school year, 18 percent of children reported experiencing verbal violence in schools and 11 percent reported experiencing corporal punishment. Serious concerns 19 also exist about the increase in student-to-student violence and disruptive behaviors (particularly in schools with Syrian refugees), including vandalism, harassment, bullying, and gender-based violence. The MOE has made concerted efforts, including the introduction of the school-based program Ma’an, to promote nonviolent and positive student discipline. The MOE has also initiated monthly violence surveys that act as deterrents for teachers from using violence and help to keep all actors accountable for their actions. However, further efforts are needed to support cohesive safe school environments and to understand and tackle all the different challenges faced in gender-segregated schools. 43. Jordan faces an additional major challenge in relation to its student assessment system. Jordan administers several census and sample-based student assessments that appear to have weak feedback loops and therefore fail to inform the system on its performance early and effectively. There are three major national student assessments: (a) census-based national tests for grade 4, 8, and 10 in four core subjects (Arabic, mathematics, science, and English); (b) the sample-based National Assessment for Knowledge Economy (NAFKE) for grades 5, 9, and 11 (in Arabic, mathematics, and science; and (c) the general Secondary Certificate Examination (Tawjihi), which serves the double function of secondary education graduation and competitive screening for university admission. The Tawjihi is administered twice a year to grade 12 students, although any Jordanian having completed grade 12 is entitled to take the examination. In addition, Jordan has participated in the Trends in International Mathematics and Science Study (TIMSS) for grade 8 in mathematics and science since 1999, and PISA for 15-year-olds in reading, mathematics, and science since 2006 . Jordan also recently started administering the Early Grade Reading and Math Assessments (EGRA and EGMA) for grades 2 and 3 students, although this assessment is run by external donors and has not been institutionalized. 44. The general Secondary Certificate Examination (Tawjihi) is the single most influential and decisive high-stakes exam in Jordan’s education system. This examination has been used for many decades with the dual purpose of a gateway to high school (upon achieving a passing score), and to determine the admissions track to higher education. Results from the exam split students into either technical education and vocational training (TVET) tertiary colleges or universities (with extremely demanding cut-off scores to access the most sought-after faculties and programs). Since approximately half the students who sit for the Tawjihi do not obtain a passing score and a further 20–25 percent simply do not show up for the examination, the issue of graduation and certification for secondary school remains unresolved for most students. This leaves them empty-handed in terms of qualifications and with just a “Tawjihi failure certificate� (which, paradoxically, is required in some public -sector jobs of low qualification). In other words, the focus and prevalence of the competitive/selective function of the Tawjihi has a devastating exclusion effect on an overwhelming percentage of Jordanian youth. Moreover, despite the efforts of previous reforms in basic education around the integration of knowledge economy skills, the examination focuses on the memorization of facts and basic data, which means it fails to test the full range of skills required to succeed in tertiary education and in the 21st century labor market. 45. As it stands today, the Tawjihi seems to exacerbate inequality of opportunity: 81 percent of schools in which no student passed Tawjihi were in rural areas. A fundamental reform of the Tawjihi, as part of a comprehensive and coherent redesign of all national student assessments, is an indispensable requirement for the new education reform to reach its full potential. Such reform of the Tawjihi would need to be aligned with a revision of the curriculum of secondary education and its implementation. The double purpose of certification and university admission, and the selection criteria of tertiary education institutions must also be simultaneously reformed to better align schools towards learning, not passing exams. The GOJ has shown commitment by creating a High Commission 20 for the reform of the Tawjihi, with specific changes already to become effective in the 2017/18 school year, and by deepening the dialogue with the MOHESR. 46. The final challenge that hinders further improvements in access and quality for all children in the education system is the MOE’s ability to manage the system efficiently, including the system’s capacity to absorb growing populations of students. Since the start of the Syrian refugee crisis, Syrian refugees have accounted for an increase of more than 10 percent of the public student population. Additional financial resources are essential to cater to a growing number of students, many of them coming from vulnerable backgrounds and refugee populations, while improving and preserving gains in learning and education quality. Despite the increase in financial and technical support by international partners, the current capacity does not align with the challenges on the ground. 47. Moreover, investments in strengthening data systems (both technical and financial) need to continue to deepen the use of data for evidence-based decision making in the sector and further improve resource allocation. MOE has successfully deployed an education management information system (EMIS), which is now hosting data on all schools and students in the system. Additional investments in a geographical information system (GIS) are ongoing and will allow MOE to better plan for expansion of access across all regions in the country. Leveraging the data available through the EMIS for decision-making in the sector is a key opportunity for MOE which will require additional technical assistance and capacity building to materialize. In addition, the collection, analysis, and use of student learning data and disaggregated and gender-sensitive data is essential for monitoring, targeting pedagogical interventions, and improving teacher practices in the classroom. 48. The Program Development Objective (PDO) would be to support the Government of Jordan’s Ministry of Education (MOE) to expand access to early childhood education, and to improve student assessment and teaching and learning conditions for Jordanian and Syrian refugee children. 49. The Key Performance Indicators are:  Number of Jordanian and Syrian refugee children enrolled in KG2, disaggregated by nationality, gender and type of schoolPercentage point reduction in the dropout rate of Syrian refugees, disaggregated by gender  Number of teachers evaluated against the new National Teacher Professional Standards (NTPS) who meet the minimum performance standards  First phase of Tawjihi reform completed 50. A subset of the results indicators from the four Results Areas are chosen as the DLIs as presented in Table 2. There are seven DLIs enabling the monitoring of performance in across the Results Areas: 21 Table 1. Results Areas and DLIs Results Areas DLIs Justification for DLI selection Across Result Areas DLI#1: Number of Syrian refugee A comprehensive and successful reform of the children benefitting from the Program Jordanian education system requires a critical focus on (disaggregated by gender) increasing access and enhancing quality of education for refugee children Result Area 1: DLI#2: Number of additional children Access to ECE is a critical issue and the Government Expanded access enrolled in public and private KG2 needs to be incentivized to consider demand and and improved (disaggregated by gender) supply side interventions to increase enrollment quality of ECE DLI#3: Improved quality assurance Expansion of ECE needs to be accompanied by a system for KGs strong focus on quality. This DLI incentivizes the Government to ensure continuous quality improvements in public and private KGs, through the successful implementation of a comprehensive quality assurance system. Result Area 2: DLI#4: Strengthened teacher Teaching quality is critical to ensuring learning gains in Improved teaching preparation and management the classroom. This DLI incentivizes improvements in and learning teacher classroom practices by focusing on the use of conditions the National Teacher Evaluation and Appraisal Framework to evaluate and certify teachers DLI#5: Improved school climate in While there have been isolated efforts to improve schools with high proportion of Syrian school climate, DLI 5 serves as a concentrated refugee children incentive to make this a priority in the Education Sector Plan and allow an explicit focus on school with high proportion of Syrian refugee children DLI#6: Improved physical environment School maintenance is a critical issue for the physical environment of the school. In parallel with efforts made by GIZ, this DLI will ensure that the maintenance budget is not only allocated but also utilized at the school level. Results Area 3: DLI#7: Improved student assessment A fundamental reform of the Tawjihi, as part of a Improved student system comprehensive and coherent redesign of all national assessment system student assessments, is an indispensable requirement for the new education reform to reach its full potential. By allocating disbursements to clear targets, this DLI incentivizes meaningful action towards the reform. Result Area 4: DLI#8: Increased Availability of This DLI lays the foundation for all other DLIs, ensuring Strengthened Resources and Tools for the Program the adequacy of resources and funds available to the education system implementing agency to undertake the activities management required to meet Program results. 51. The PforR Program supports a sub-portion of the government program (NESP) across four key Results Areas. These Results Areas fall under the access and quality themes for ECE and basic and secondary education. The PforR Program is valued at US$700 million of the larger $7 billion Government program and includes key activities of the NESP that focus on access for ECE and quality 22 for both ECE and Basic Education. Figure 1 provides an overview of the boundaries of the government program and the PforR Program. The Program consists of the MOE budget core costs corresponding to the Results Areas (RA) of the Program under KG, basic education and secondary education, as well as NESP operational plan costs of activities that are critical for achieving program results. The Expenditure Framework indicates that $114m is required for RA 1, US$113 million for RA2, US$98 million for RA3 and US$375 million for RA4. 52. The strategic objectives of the government program (in blue) encompass access, quality, accountability and innovation in ECD and basic education. Of these, the PforR Program (in green) supports the strategic objectives within the access and quality themes for ECD and Basic education. The PforR Results Areas have been selected to leverage key MOE interventions that will be critical in achieving the goals of the HRDS. The PforR Program covers the entire scope of the access theme in ECE and parts of the quality theme for ECE and Basic education. 53. The following paragraphs present an overview of the PforR Program Results Areas: 54. The first results area is expanded access and improved quality of early childhood education. This includes increasing access to Kindergarten (KG) for girls and boys, by supporting expansion in public provision and providing technical assistance to help the government set up public-private partnerships (PPPs). It also includes supporting the development and implementation of a harmonized quality assurance system for public and private KGs, and rolling-out an in-service training program to improve teaching practices in KG classrooms. The training program will include a number of thematic modules, such as the early socioemotional development of children, and integrating play-based learning in the classroom, as identified by a diagnostic study of teaching practices. This Results Area is fully aligned with the ECE strategic objectives of the NESP. The MOE recognizes that the largest gains in education can be made by investing in ECE. However, it has struggled so far to secure financing and technical expertise to achieve all intended objectives within this realm. The PforR Program will incentivize focused interventions to be undertaken to expand access to and enhance quality of ECE provision. 55. The second result area aims to achieve improved teaching and learning conditions by focusing on improving the school physical environment (enhancement of maintenance services in schools) as well as the capacity of teachers and school leaders (through a better selection, preparation, and management of teachers and school leaders), and fostering positive student and teacher behavior and civic awareness towards schools and their communities. The focus of this result area is both on the physical school infrastructure and on the softer environmental factors that create a school climate that is conducive for learning, for example peer and teacher modes of communication, school values, etc. By tackling both aspects together, the aim is to establish positive school environments that inspire and motivate students, teachers and principals, to fulfil their aspiration without prejudged expectations and imposition of ascribed roles. 56. The third result area is a reformed student assessment and certification system that will focus on strengthening MOE’s ability to measure and monitor student learning at all grade levels and to bridge the gap between learning and certification. This notably includes the reform of Tawjihi and the institutionalization of an early grade diagnostic learning assessment. 23 57. The fourth result area is a strengthened education system management by focusing on supporting MOE and strengthening its capacity to manage an increasing number of schools and students, notably due to the expansion of early childhood education and to the enrollment of a large number of refugee children in Jordanian schools. The focus of this result area is to provide and enhance the tools and resources available to MOE for decision-making and implementation. These tools include information systems such as the operationalization of the GIS, which will allow MOE to map school construction, expansion, and rehabilitation needs, and the strengthening of the existing OpenEMIS. This result area will also support MOE in securing budget additionality to the sector in an efficient and effective manner to ensure that resources are available for undertaking the necessary reforms. 58. The Education Reform Support Program of expenditures totals US$200 million (including an IBRD loan of US$147.4 and a support from the Global Concessional Financing Facility in the amount of US$52.3 million), and an IPF TA component of US$8 million. 24 59. The Ministry of Education (MOE) is the Government’s responsible entity for implementing the program, with the administrative support of the Development Coordination Unit (DCU). Under the leadership of the Minister, MOE directorates will be responsible to plan and implement activities related to their component. The MOE is ultimately accountable for meeting the program objectives, providing program oversight through the General Policy Steering Committee (GPSC), monitoring and evaluation, and technical support to the various MOE directorates involved in implementation, and coordinating activities among various stakeholders and donors. 60. The Ministry of Public Works and Housing (MOPWH), which was mandated to manage the construction and extension of schools under ERfKE II, will continue to be responsible for the procurement processing and implementation of civil works under the proposed Program. MOPWH will be the implementing agency for any construction that is undertaken for the expansion of ECE which is over the threshold limit of JOD 250,000. 61. At the Program level. Given its extensive experience in coordinating multi-donor programs such as ERfKEII, the DCU will be the focal point for the program and will be responsible for: (1) facilitating the coordination of implementation with MOE management; (2) monitoring and reporting on project implementation progress through the production of progress reports; (3) preparing interim unaudited financial reports (IUFRs) for the TA component of the Program ; and (4) coordinating with other donor partners to ensure that parallel financed activities are synchronized with overall program implementation. Given the scope of the program, the capacity of the DCU will need to be significantly strengthened through recruiting and training additional staff. With the financial and technical assistance support from donors, the DCU will be reinforced with one senior program manager, one monitoring and evaluation expert, one finance officer and one construction and maintenance, and a land acquisition expert to support on a part time basis. 62. At the policy level. Coordination at the policy level will be ensured by the GPSC. The GPSC, appointed and chaired by the Minister of Education or his/her representative, will ensure overall oversight of program planning and implementation as well as effective coordination of all institutions and stakeholders involved in the overall education program. The GPSC will also endorse annual plans for MOE’s monitoring and evaluation (M&E) activities. The GPSC will include representatives of education reform stakeholders. The DCU will serve as the Secretariat for the GPSC and will assist the GPSC in its technical and administrative functions and to supplement its capacity in education reform execution. 63. Another group of partners include mainly donors with the World Bank and key UN agencies – that was coming together within the framework of the Education Sector Development Plan (ESDP), and the WB stabilization framework. The DCU will be responsible for:  Ensuring the effective and integrated implementation of programs, resources, and outputs from all donors and external interveners in the implementation of the Education Reform Support Program; 25  Coordinating the implementation and effective utilization of the Education Management Information System (EMIS) in the implementation of the PforR; and  Liaising among the various project stakeholders and ensuring that all donor partner funds supporting the PforR are coordinated. 64. The Bank-supported operation will be a hybrid operation consisting of: (i) a Program-for- Results (PforR) program component (US$192.0 million); and (ii) a technical assistance (TA) component using Investment Project Financing (IPF) (US$8.0 million). The TA component will support a set of TA and capacity building activities that will contribute to the achievement of the Program results and outcomes which will enable the implementation of several ESSA recommendations, including: strengthening environmental and social impact assessments and land acquisition screening and procedures, strengthening transparency and accountability in the Program, and systematically mainstreaming gender in MOE Programs. 65. The rationale to use an IPF for TA activities – using World Bank (WB) procedures – is to allow for the timely procurement of consultants and firms to produce strategic studies, impact evaluations and technical assistance and capacity building activities. These activities are critical to achieve the results of the PforR Program and through WB systems, the quality and alignment of interventions can be ensured. 66. The Environmental and Social Systems Assessment (ESSA) is crucial to ensure that PforR operations are designed and implemented in a manner that maximizes potential environmental and social benefits. ESSA assesses the borrower’s authority and organizational capacity and performance to date, to achieve the social and environmental objectives associated with the Program and stipulates supplementary actions as necessary. 67. The objectives of this Environmental and Social Systems Assessment (ESSA) are:  To document the environmental and social management procedures, standards and institutional responsibilities that will apply to the proposed Program;  To evaluate the institutional capacity to manage the likely environmental and social effects in accordance with the country’s own requirements under the proposed Program;  To assess the consistency of the borrower’s systems with core principles and attributes defined in the PfoR Guidance Note on Environmental and Social Assessment;  To establish the risks and potential negative environmental impacts of the Program and ensure that these will be subjected to an adequate initial screening so that relevant mitigation measures can be identified prepared and implemented;  To recommend specific actions for improving counterpart capacity during implementation to ensure they are able to adequately perform their mandate. These measures will be agreed on between the Client/Borrower and the World Bank and will be included in the activities to be supported by the World Bank and the borrower during the life of the Program. 26 68. The ESSA is a World Bank document prepared by Bank staff and consultants to inform the internal review and decision process associated with the PfoR lending instrument. The findings, conclusions and opinions expressed in this document are those of the World Bank. 69. The PforR financing does not support programs or activities within programs that could cause significant harm to the environment or which would have significant adverse social consequences. Excluded from PforR financing would be investments in new or major expansion of large-scale infrastructure or other investment activities that would be considered Environmental Category A under conventional World Bank investment lending criteria. All PforR operation proposals will be screened for such effects at an early stage of preparation, and if such activities occur within a program, they should be flagged and be subject to investment lending policies. 70. This ESSA is being conducted in line with World Bank guidance for the PforR lending instrument, as contained in Chapter Four: Program Management of Environmental and Social Effects Guidance Note. 71. The environmental system assessment includes: a) A review of existing regulations, procedures and guidelines that apply to this program; b) Environmental effects, including residual impacts, systemic risks such as the risk of not identifying significant impacts, potential consequences from inadequate enforcement of mitigation measures, as well as the operational risks of unexpected impacts, accidents and natural hazards; c) An assessment of the capacity to implement the environmental management system, including monitoring, supervision and reporting, at both local and national levels. 72. The social management system assessment includes: a) A review of existing regulations, procedures and guidelines that apply to this program; b) An analysis of social effects, including residual impacts and systemic risk, consultation mechanisms, grievance mechanisms, information dissemination and disclosure, participation and transparency; and c) An assessment of the capacity to implement the social management systems including monitoring, supervision, and reporting; 73. The ESSA was prepared by a multidisciplinary team from the World Bank in collaboration with relevant officials and technical staff members of the counterpart implementing agencies. The methodology included:  Desk review. The review covered current environmental and social and relevant education legislations and regulations, relevant environmental and social reports (e.g. ERfKE supervision and Implementation Completion Reports, ESMF and RPFs), and reports on the implementation of previous and current World Bank Education projects;  Initial consultation meetings. During the preparation of the Draft ESSA, meetings were held with counterparts including, government agencies (MOE, MOSD, Higher Council of the Disabled People), NGOs, UNICEF, and beneficiaries. 27  Field visits. Visits to three number of schools, including KGs and elementary and high schools [Annex 2] were conducted to establish the status and standard of environmental and social safeguard systems at local levels and interviews with technical staff in relevant institutions;  Recommendation of Actions. Identification of gaps and measures to enhance the Program systems and their performance.  Consultations. A face to face workshop with government and non-governmental stakeholders took place on September 20th in Amman to discuss the risks and proposed mitigation measures (refer to Annex 3-Consultations Summary). Additionally, social media channels were utilized by the MOE to disseminate the draft ESSA for beneficiary feedback. During the ESSA preparation, feedback and inputs were sought from a number of key stakeholders including government, nongovernmental organizations (NGOs), and other sectoral experts, donor agencies, and international partners. The Bank team has also conducted several field visits to schools (KGs, boys and girl schools).  Document dissemination. An ESSA Executive Summary and presentation were disclosed in Arabic and English prior to face to face consultations. Additionally, the draft ESSA report has been publically disclosed through the World Bank’s InfoShop on September 13th, 2017 and via email to participants in the consultation.  Implementation of Actions. Work with the client on developing and agreeing to specific actions to improve system performance during implementation period is ongoing and will continue throughout preparation and appraisal stages. 28 74. The assessment of environmental risk level associated with the Program is Moderate. No major environmental impacts and risks are anticipated. It is envisaged that the Program will not include any Category-A type investments, nor pose any risk to natural habitats or physical cultural resources. Only Results Area 1 will have some environmental impact as it includes construction of new schools, and extension of existing schools in the form of added classrooms/child-friendly restrooms/playground. The other Results Areas consist of soft type of activities related to the educational system and the provision of computers. 75. The assessment of the social risk level associated with the Program is Substantial. While it is envisaged that the Program will not include any Category-A type investments, it is highly likely that it will be necessary to acquire land under the Program under Results Area 1. Land availability is a significant barrier to school expansion in Jordan therefore it will be necessary to introduce adequate screening systems to assess land availability, and provide technical support during implementation to ensure land acquisition and compensation to potential project affected people (PAPs) follows the World Bank safeguards standards. Direct economic and social impacts could include loss of land, assets and income, access to assets or housing resulting in adverse impacts to livelihoods. Unless properly managed, involuntary resettlement may result in long-term hardship and impoverishment for affected persons and communities, as well as social stress in areas to which they have been displaced. 76. The broader social risks associated with the Program, particularly in Results Area 2 are deemed Moderate. These risks are broader, contextual and political risks have neither been caused by the Program nor have contributed to the risks, however are considered substantial and may exacerbate other project-related risks. These include: exclusion due to poverty, violence in schools (various forms), gender biases in school curriculum, vulnerability and psychological distress amongst poor Jordanians and Syrian refugees leading to negative coping strategies such as child labor, early marriage, and begging, and violence in schools (various forms) contributing to children dropping out. 77. The below Table 2 provides a summary of the overall social and environmental risks by results area: 29 Jordan PforR Overview Social and Social Risk Environmental Risk Environmental Risk Ratings PforR Results Area 1: Expanded Low to Moderate due to the Access and Improved Quality of Early Substantial due to the need potential for facilities Childhood Education to acquire land to expand construction to create school facilities which may increases in air, water, solid potentially lead to direct waste pollution for all economic and social residents, as well as to create impacts on PAPs. direct impacts on construction workers PforR Results Area 2: Improved Moderate due to the Teaching and Learning Environment broader, contextual, and political risks around Negligible vulnerability and exclusion, which may exacerbate other program risks. PforR Results Area 3: Strengthened Negligible Negligible Student Assessment System PforR Results Area 4: Improved Negligible Negligible Management of Education System Overall Risk Rating Substantial Moderate 78. School construction is generally not associated with major environmental concerns. The primary issues relate to nuisances resulting from construction activities, which are temporary and can be significantly mitigated through proper planning and best management practices. 79. Design-phase environmental risks related to the Program include the following; 80. Works access (and not only congestion of the traffic). There may be a need to open a new access road and this will need the municipality to facilitate related services;  Clearness of the construction site from trees or other environmental considerations that will entail waivers from the pertinent administration;  Accessibility of the school and provision of ramps for those with limited mobility. Access should be given to pedagogical premises and “theater� areas, and partially to laboratories. Provision of WC for special needs users;  Proper evacuation of rainwater from the outdoor spaces and access of the school (if site typology is creating a depression area), either through connecting to the public network or using natural land slope;  In case of extension, considerations for relocating sewage or pit wells;  Collecting waste water well to not discharge into the soil. Replace the observed mixed sewage system (tanks to be emptied with pumps + soak away pit) that pollutes of underground waters and 30 replace with either real septic tanks and soak pit or with dam proof tanks to be regularly emptied with pumps;  Modality of collecting solid waste;  Drinking water tanks requirements;  Water tanks requirements;  Outdoor treatment of the surfaces to allow rain water to feed back the soil (avoid large concrete or asphalted surfaces and replace by porous material);  Landscape/planting in dedicated areas within school perimeter to be undertaken by relevant authorities;  Number of toilet cubicles and in case of rehabilitation, design to take into consideration the original school condition and sanitary status;  Staircases and internal/external doors exits to respect international evacuation standards. Construction phase environmental risks related to the Program are identified as follows:  Occupational health and safety (OHS): worker exposure to dust, noise, and other potential hazards associated with the use of heavy construction machinery;  Student/teacher health and safety issues: exposure of students and teachers to hazards from the construction sites – if not properly fenced and managed & from dust, noise during construction works;  Worker sanitation: importance of provision of sanitary facilities;  Traffic: congestion due to movement of vehicles in and out of the site;  Noise: operation of construction equipment, as well as transportation of materials and equipment can disturb residents and adjacent neighborhoods.  Dust: construction-related traffic as well as construction both can create particulate matter, especially during seasons of low or no rainfall;  Waste generation: transport and proper disposal of construction-related materials, including excavation materials if necessary; and  Works security (helmets, fall protection system including guardrail system, safety nets, separation between existing school facilities and extension works…etc.). Operational phase environmental risks related to the Program are identified as follows:  Student health and safety issues: risks of accidents or injuries to teachers and students requires that design measures be taken during design specific to the following: stair railings; laboratory equipment and chemicals; shatter-resistant windows; anti-slip tiles; fire escapes, fire alarms, and fire-fighting systems; appropriate shade for outdoor play as well as drop-off and pick-up.  Traffic: traffic congestion generated during drop-off and pick-up hours requires proper entrances and exits, as well as parking spaces for teachers as well as visiting parents. Safety signs, speed bumps, and zebra crossings are all potential design measures to mitigate car-pedestrian accidents.  School property security: design consideration of fencing, guardhouses, surveillance cameras, and proper exterior locks (which can also be opened from the inside for school emergencies) can minimize potential damage to the school infrastructure.  School laboratory and maintenance workshop safety: mitigation of accidents associated with handling sharp tools, heavy materials, and electrical wires requires good training as well as posted safety instructions. First aid kits, an alarm system installed within the lab room(s) as well as first extinguisher equipment specific to the chemicals on site should be purchased, installed, inspected, 31 and replaced as necessary. Chemicals should be dated, clearly labelled, stored, and disposed of according to best management practices. Appropriate height of laboratories work benches, and display respecting security and evacuation of premises if needed. Appropriate safety and security associated to provision of liquefied gas.  School cleanness: acceptable number of cleaning staff / janitorial services per school, provision of waste baskets provision, and regular and appropriate collection of solid waste by authorities 81. The Jordanian government agencies, as well as the private sector, have extensive experience in school design, contracting, construction, supervision, extension, rehabilitation, and operation and maintenance. The World Bank already has long-standing experience supporting the Hashemite Government of Jordan in the construction and rehabilitation of schools through the implementation of the First and the Second Human Resources Development Sector Investment (HRDSIL I and II) Projects, spanning from 1989 to 2003, followed by the First and Second Education Reform for the Knowledge Economy (ERfKE I and II) Programs, continuing from 2003 to 2016. These four investment programs were supported by at least ten non-lending activities over the same period, to address cost efficiency of education spending, early childhood development, higher education reform, education quality and accountability, and sectoral public expenditure review. Concurrently, the United States Agency for International Development (USAID) and Japanese International Cooperation Agency (JICA) have supported construction of public schools. The physical quality of school design and construction meet most international good practice guidelines. 82. The proposed program will exclude programs or activities which pose a risk of potentially significant irreversible adverse impacts on the environment and/or affected people. Specifically, excluded from PforR financing would be investments in new, or major expansion of, large-scale infrastructure (e.g. power plants, roads, extractive industries, water conveyances, or manufacturing or industrial processing facilities). Acquisition or use of land for new school construction should not include land designated as critical natural habitat or gazetted forest. 32 83. Jordan’s high human development indicators hide poverty and marginalization of the most vulnerable and socially excluded. Disparities in education outcomes are closely linked to socio-economic status, gender, and geography, and are exacerbated by poverty and exclusion. Higher education levels are correlated with having better jobs. In the Program for International Student Assessment (PISA) test, for example, students in the top income bracket perform much better than those in the bottom 20 percent. The tawjihi pass rates, which determine access to university education are on average lower in the public sector (51.4%) than in private secondary schools (65.1%). In addition, there is variation in pass rates between governorates, location, school ownership and gender. The Syrian refugee crisis has exacerbated pre-existing inequalities and social tensions within the society. 84. Around 33% of Jordanian youth aged 15-30 years old are unemployed, and an even greater percentage of youth are disengaged and not in education, employment or training. For the most part, they are disengaged from the political process and demotivated to impact any real change in Jordan in the prevalent economic and political situation, hence their strong propensity to emigrate. The most vulnerable young people have limited access to opportunities to engage in their community and improve their employability. Unemployment and disengagement among young women is significantly much higher than young men due to social perceptions and restriction on their mobility and accessibility to opportunities and resources. Opportunities for Syrian refugee youth is even more limited, with over 80% of Syrian refugee youth unemployed and at risk of harm or exploitative labor or negative coping mechanisms. For example, early marriage, a common practice in Syria before the conflict began has become more prevalent as ways of protecting young girls or easing pressures on family finances. 85. In the Middle East and North Africa Region, schooling decisions are closely linked to household wealth and perceptions about the benefits of education. In Jordan, the rate of Out of School Children (OOSC) is relatively low when compared to the Arab region and to the world. Some of the most common profiles of out-of-school children – who comprise many vulnerable groups in Jordan, in addition to the refugees (children who start and drop out or children who never enroll) are:  Children from poor socio-economic backgrounds  Low quality education  Child laborers  Children with disabilities  Early child marriage  Refugee children and children of migrant workers with illegal status  Violence in schools  Distance of schools for girls in remote areas 33 86. Social and physical infrastructure in Jordan is unevenly distributed, and areas where infrastructure is inadequate are more likely to have excluded population groups with limited access to opportunities. Although infrastructure is in worse conditions in some parts of the country, overall the availability and condition of education infrastructure is a constraint to growth and poverty reduction throughout Jordan. Household location, access to services, and parents’ education as well as perceptions about benefits of education are related to test outcomes (with the lowest levels of performance being related to being part of a household where the household head does not have secondary education). Residing in remote rural areas is also associated with low test scores due to high teacher turnover and limited facilities. 87. Poverty is a significant economic factor that pushes children out of school. Direct and indirect costs of education, including the payment of school fees are the most common reasons for non-enrolment and non-attendance in pre-primary and primary schools. As such, access to ECED in Jordan in highly inequitable. The most advantaged children have a 44% chance of attending early childhood care and education compared to a 5% chance for the least advantaged children. Parents’ wealth and education are some of the factors that influence ECED enrolment rates the most, but there are further barriers for disadvantaged groups, especially children with disabilities, refugees, and disadvantaged orphans.1 88. Education exclusion is closely linked to the region’s challenge of children leaving school early. The problem is particularly severe in the lower secondary age where half the countries in MNA struggle with dropout rates at or above 10 percent before the last grade of the lower secondary school cycle. Reasons for children’s exclusion include persisting mutually reinforcing inequalities in school participation based on household wealth, location, and gender. Excluded children are predominantly from the poorest households in rural areas, with poor rural girls often the most disadvantaged. In Jordan, 48% of children of pre-primary school age are not enrolled in pre-primary or primary education (2013). Social attitudes and perception of girls and boy’s education needs also influence early enrollment particularly in poor households. Of the out-of-school children of lower secondary age, 90% out of school are children who were enrolled in school at some point but have left school. According to 2011 data, the dropout rate is higher for boys than girls (7% girls, 10% boys). 2 Boys tend to drop out either to join the labor market or to avoid the violent and less friendly education climate in schools. Girls also drop out for low attainment and school climate but there is a higher tendency that girls drop out after completing the obligatory years of education due to family convictions and perception that girl’s education is less prioritized especially in rural and less affluent areas. 89. The influx of Syrian refugees has further exacerbated problems in Jordan’s education sector. The large number of Syrian refugee children has led to overcrowding in many public schools and to second shifts used to accommodate Syrian children, affecting the quality of learning for all children. For the countries of origin, where refugee populations hope to return to their country, lack of access to learning now represent a generation missing out on crucial skills acquisition when the reconstruction and peace-building effort will require a skilled and employable workforce. The 1 Ministry of Education, National Strategy for Human Resource Development 2016-2025, and UNESCO Jordan Education Analysis, 2017. 2 UNICEF Global Report of Out of School Children, 2014. 34 ‘crowding out’ of Jordanian host communities due to the large number of Syrian refugees is increasingly becoming a source of tension and undermining social cohesion and stability. Most urgently, long-term peace in the region requires providing young people productive and rewarding alternatives to joining the ongoing conflict. 90. The Government of Jordan has put enormous effort in supporting Syrian refugee children access education. One-hundred and ninety-eight double-shift schools have been opened across the country and large teacher training programs rolled out, resulting in approximately 27,000 new Syrian students enrolled in formal schools in 2016/2017 academic year3. Approximately 125,00- 130,000 Syrian refugee children have enrolled overall. Nationwide government campaigns in early 2017, supported by key education partners, helped to increase enrolment in both formal schools and in non-formal education (NFE) programs. Sixty-one point six percent of school-aged Syrian refugee children across Jordan were attending formal education, amounting to 63.5% of school-aged girls and 59.8% of school-aged boys. The highest attendance rates were found across the younger age groups (6- 11) in all governorates — 70% of boys and 70.4% of girls, compared to 47.2% of boys and 54.5% of girls aged 12-17.4 91. While large number of refugees attending Jordanian public schools has caused difficulties for both Jordanian and non-Jordanian alike, refugee children have faced specific problems in school. In particular, refugee children attend the ‘second shift’ of school, in the afternoon, where teachers are not always as qualified as teachers in the morning shift. In addition, refugee children sometimes have difficulties obtaining the required registration and residence permits, instilling fear in families and preventing them from going to school. While school enrolment in Jordan has increased substantially between 2003 and 2012 for children aged 6-15, this tendency seems to be reversing due to the influx of Syrian refugees. The UNICEF 2014 Out of School Report indicates that children who are attending lower secondary school level have a higher risk of dropping out (5.6 per cent) than children attending primary school level (2.9 per cent) due to several factors, such as child labor and low performance. Those that share multiple profiles are more vulnerable and therefore more likely to be out of school.5 92. Child labor is considered the main reason for school dropout particularly for boys, followed by bad treatment from teacher, illiteracy and low interest in school. Child labor is closely linked to poverty and adult unemployment. According to the Ministry of Labor 2010 data, 70 percent of the families of working children are living beneath the extreme poverty line and 40 percent of their fathers are unemployed. Furthermore, child poverty has continued to increase reaching 19 percent in 2012 and likely increasing after the Syrian crisis. 93. The actual number of out-of-school children with disabilities is unknown however, in 2014, the Ministry of Education reported 16,870 children with disabilities enrolled in its public schools. Disability remains a major barrier for school enrolment and participation, resulting in a significant gap in data collection and reporting. Accessibility, poorly trained teachers and poorly adapted curricula for the disabled (only take into consideration physical disabilities, not the intellectual disabilities), are further exacerbated by the stigma and negative perception of children with disabilities by students, 3 INGO Education Brief, 2017. 4 Education Sector Working Group, Joint Education Needs Assessment Jordan, March 2015. 5 UNICEF Jordan Out of School Report, 2014. 35 teachers and parents, often causing parents of children with disabilities to be hesitant about enrolling them in school. 94. According to the 2015 Census data, it is estimated that 1.7 percent of children ages 5-17 have severe functional difficulties while 6.1 percent have simple to severe functional difficulties. Children with disabilities face high levels of stigmatization and are often “hidden�. They lack sp ecialized services to attend to their needs and physical and social barriers to inclusion. In particular, girls with disabilities are more vulnerable to sexual abuse and reported cases of families forcing girls with disabilities to become sterilized. There are also many cases of disabled refugee children as a result of casualties related to conflict, and they too experience stigmatization and have little resources. 95. Over the past decade Jordan’s progress toward gender equality regressed as the country’s scoring on gender indices declined. In 2015 and 2016 Jordan ranked as one of the lowest 10 countries in the World Economic Forum Gender Gap report. Despite all the achievements in tackling gender inequalities, Jordanian women have one of the lowest economic participation rates in the world (not exceeding 15% in the past decade) and have limited political participation. Several laws continue to discriminate against women, including the Personal Status Law, which grants different rights to women and women within a marriage. Children of Jordanian women and non-Jordanian men do not have Jordanian nationality, infringing on their rights of both mother and child and creating barriers that heighten the vulnerability of these girls and boys. 96. The educational system has a significant role in perpetuating gender biases and despite the commitment to promoting gender equality within the previous reform efforts, achievements have only been noted in terms of parity in enrollment. Gender issues within teaching methods, curricula, school environment and overall education system management are yet to be tackled effectively. Reinforcing gender stereotypes through teachers’ behavior, school environment, and school curricula contributes to the loss of human potential and opportunities to promote gender equality and equity. Economic stagnation and increased inflation along with poor educational system further exacerbates the crisis, such as rates of student drop out rises and child labor, early marriages and violence also increase. 97. Early child marriage, a negative coping mechanism of poverty, is one of the most extreme barriers for girls to stay in school currently estimated at around 13% in Jordan (girls married before the age of 18). It is quite prevalent amongst Syrian refugee communities. In 2013 and the first quarter of 2014, the prevalence of early marriage among Syrian girls showed a sharp rise, indicating a growth trend with the prevalence of early marriage among all registered marriages for Syrians increasing from 25 per cent in 2013 to 31.7 per cent in the first quarter of 2014. 6 Syrian refugee families often marry off their daughters young to protect them from rape and give them protection. In pre- conflict Syria, early marriage made up 13% of weddings. This figure has doubled since Syrian refugee girls moved to Jordan.7 98. Legally, the legal age of marriage in Jordan in 18. However, with the authorization of two judges, a waiver can be granted for underage marriages. There are culturally based expectations in Jordan that married, and particularly pregnant girls will not attend mainstream schools. Moreover, 6 Jordan Early Child Marriage, UNICEF 2014. 7 A World at School, 2014. 36 conservative social and religious norms, and useful status that marriage can have when settling into a new host community, are common drivers among Syrian refugee communities. Even though there are many options for education outside the formal school system, few married girls complete their education, even if this has been stipulated in the marriage contract as the demands of married life and parenthood almost always end up taking priority. 99. Differences in boys’ and girls’ school’s physical environment is evident: the atmosphere in girls’ schools is more organized, colorful and clean than boys’ schools, as well as the upkeep of facilities. Differences in conditions is widely attributed to predisposed gender roles and behavioral expectations of girls and boys. Girls are encouraged, as part of the social norm, to maintain a clean and well organized school. Expectations of boys are different since this is not in line with gender roles and or behavioral expectation. 100. Parental involvement in schools is also limited: Parents involvement in schools and in particular in KG teaching is growing however, involvement has been limited to mothers. Fathers are less involved in affairs relating to KG students and even in girls’ schools but they are more likely to engage in boys’ schools. The single sex schooling systems has dichotomized the responsibility of parents with regards to their off spring education. Most mothers tend to refrain from going to boys’ public schools to avoid any potentially labelling or ridiculing of their sons. 101. The Government of Jordan has demonstrated commitment in supporting Syrian children with the continuation of their education. Since 2017, Syrian children are accepted into public schools, regardless of their registration status with the UNHCR so long as they are registered with the Jordanian Ministry of Interior. Nevertheless, the increasing numbers of Syrian refugee children entering the country are placing great pressure on the Jordanian public education system. 102. Displaced children, particularly Syrian refugee children are more likely to be socially excluded than the host population and face multiple barriers that include high costs of schooling, insecurity (bullying, harassment), and until recently, bureaucratic procedures and lack of legal paper for school registration. Refugees are more likely to have been forced to discontinue education, have reduced access to services, and to have more free time. These dramatic changes often force young refugees, and especially female youth, to be under pressure to abide by traditional norms and rules, to marry early and to stay confined at home. Refugees are more likely to feel fear, sadness, anger, boredom, and pessimism, as well as frustration and loss of control. 103. Social, community, and family networks have been lost or weakened security and adapting to a new environment is taxing on the children and the family. Among the refugee population, children, youth, and women are among the more vulnerable. Young people, seeing themselves with free time and lack of opportunities, are more likely to resort to violence, including sexual violence, to criminal activities, or to substance abuse. In other cases, young people become victims of abuse or exploitation. For economic reasons, some may also drop out of school so that they can work or enter early marriages. The humanitarian setting forces young people to assume adult roles at an early age, and without proper role models or support networks. 104. In the case of unregistered refugees, barriers associated with civil and legal registration for Syrians in Jordan continue to contribute to the increased vulnerability of children. Similarly, children of the 140,000 Palestinian refugees known as “ex Gazan refugees� are not afforded the same 37 rights as the children of Palestinian refugees that arrived prior to 1967, making them among the most vulnerable children in the country. While the MOE no longer requires a birth certificate to enroll children into schools, there is lack of awareness among refugees about opportunities and benefits of getting work permits. There is also lack of clarity on social security payments, fear of losing asylum status, reduced humanitarian assistance or forced relocation to camps remains.8 Girls and boys whose parents are unable to obtain legal status face long term consequences including limited access to basic social services and increased reliance on negative coping mechanisms such as child labor and early marriage.9 Violence Against Children 105. The prevalence of violence in schools affects school attendance, with different consequences for boys and girls. Violence against children can take various forms including violence of teachers to students, violence between students (bullying), domestic violence, gender based violence, emotional/psychological violence. While corporal punishment in schools and other academic settings is illegal under Jordanian law, children continue to be subjected to physical and verbal violence. Table 3. Attitudes around physical punishment Social norms around the use of physical punishment in Percentage schools Caregivers of children aged 2 to 9 believe that children need 24% to be physically punished Children age 2 to 14 were subjected to at least one form of 66% physical punishment by their parents or other adult household in the month preceding a 2012 UNICEF survey Children subjected to a violent form of punishment 89% Children subjected to severe physical punishment (such as 18% being hit or slapped on the face, head or ears or beaten hard with an implement) children reported being subjected to psychological discipline, 87% including being screamed at or called names UNICEF, Preventing Responding to Violence Handout, 2017. 106. Proximity to conflict, high levels of profound stress in parents, poverty, and parental education levels are all factors which may exacerbate a child’s likelihood of experiencing violence. Children in the lowest wealth quintile were more likely to be subjected to psychological and physical punishment – 51.6 per cent of children in the wealthiest quintile were subjected to any physical punishment compared to 70.5 per cent of children in the lowest wealth quintile. This points to the possibility that worsening economic conditions may add pressure to families, especially when men are not any more 8 Jordan INGO Forum Livelihood Brief, 2017. 9 UNICEF, Equity at Scale Briefing Note 38 as breadwinners losing their status in the society, which might increase violence within the household.10 Other Groups 107. Informal Tented Settlements: Data from 2014 indicated that approximately 16,000 Syrians currently live in what is commonly referred to as Informal Tented Settlements (ITSs) and that about 392 ITSs were present in Jordan, mainly in Mafraq, Balqa, Amman and Irbid Governorates. While data is not available these numbers have continued to increase. Refugees in these areas reside on private land in exchange of cheap labor. Children and youth experience lack of latrines and safe drinking water, violence, child labor, and high rates of out of school. Some isolated Jordanian Bedouin communities share similar livelihoods with impediments in access to basic services. 108. Dom population (gypsies): Girls and boys from the Dom sub-group are amongst the most marginalized children in Jordan. Despite holding full citizenship rights, these children faced discrimination, deprivation of basic rights such as education, and grave protection risks and concerns. As a group, the Dom are highly vulnerable and regularly in conflict with the law. They face significant barriers to access essential services, with cultural, institutional and systemic issues underpinning these barriers.11 Social Risks Related to Land Acquisition and the Use of Land 109. The availability of land is a key challenge in the education sector in Jordan and the proposed Program is likely to involve some land acquisition and among the key social risks identified by the ESSA. The GoJ has many reasons to build schools ranging from the need to ease the problems associated with overcrowding (15%), to abolish double shifts (10%), to expand coverage and cater to both boys and girls (18%), and to replace old building (6%) and rented buildings (51%). The Program currently plans on supporting supply-side expansion of KG classrooms and schools, which may require land that is currently used for other purposes. This may affect people who will lose their productive assets or income sources due to involuntary resettlement. There is a high likelihood that need for land acquisition will emerge as part of the “expanded access and improved quality of early childhood education� component. Although acquiring vacant state-owned land is typically the most economic and straightforward option that the Government gives priority to, in many cases, the lack of availability for state-owned land obliges the Government to resort to expropriation of privately owned land. If not handled carefully, land acquisition could result in serious impacts on landowners and users. Research confirms that while there may be some flexibility in site selection, the general location of the schools is important to ensure adequate access by the target population. At this stage, the MOE is in the planning phase, and it yet to determine the specific site selection for investments. It is therefore difficult to know the exact amount of land that will be needed. 110. Risk Screening. A preliminary risk assessment has been carried out using the Environmental and Social Risk Screening Format included in the World Bank’s policy on PforR financing. While MOE has experience with school construction, it does not have experience with land acquisition through projects financed by the World Bank and other donors. As such, the Program will span all of Jordan and will include areas that are both heavily populated and also sparsely populated. While some flexibility of location exists, some areas will require land acquisition if schools are to respond to need. 10 UNICEF Handout, Preventing Responding to Violence against Children. 11 UNICEF, Equity at Scale Briefing Note 39 According to MOE data, there is a noticeable gap between the land owned by the MOE, and the land that is located within areas that will cater to growing populations (on the government’s 10 -year plan). It is highly likely that the land available for expansion and school construction at present (2017) is less than depicted in Graph 1 (2014 data). In particular, the cities of Amman, Irbid and Mafraq are the most densely populated and likely to worsen over time given the changes in demographics and increased migration to cities, driven by employment and access to better services. Graph 1. Land availability and need by the Ministry of Education data, 2014. Amman (Capital) 86 97 11 Irbid 79 96 17 Mafraq 50 69 19 Karak 4 44 48 Ma'an 4 37 41 Balqa 28 34 6 Zarqa 22 26 4 Jerash 2022 2 Tafila 21 20 1 Madaba 14 19 5 Ajloun 16 6 10 Aqaba 11 3 8 0 20 40 60 80 100 120 Total plots of land owned by the Ministry Total land with no school buildings listed in MOE's 10-year plan Total land with school buildings listed in MOE's 10-year plan 111. The Program Action Plan (PAP) includes procedures to make sure that adequate measures are taken to prevent negative impacts to people, physical cultural resources and natural protected areas. The proposed actions will contribute to strengthening the Ministry’s ability to manage future land acquisition in a transparent, consultative, and equitable manner. With regard to sustainability, the Program has a strategic objective of improving access to quality teaching and learning for all children in Jordan which will lead to better educational attainment outcomes and contribute to a more equitable access to education and social inclusion. 112. Consequently, it is difficult to estimate either the number of landowners and/or users who will be affected by the land acquisition process or the severity of the impact of land expropriation on them and their families. In order to minimize the potential negative impacts of involuntary land acquisition, screening criteria will be developed to ensure that Category A-type investments are excluded. Despite the lack of specific details related to land acquisition needs at this stage of the Program, the ESSA emphasizes that land acquisition can be a key cause of potentially negative social impacts and social risks if not handled carefully. The most important of the land-related risks are: a) The limited capacities of the MOE and associated relevant entities in dealing with land issues, including the communication and consultation with the affected groups; b) The lack of a consistent and transparent approach in managing some of the land acquisition aspects (for example, the valuation of land price, the poor level of consultation with affected groups, and the absence of appropriate local-level grievance mechanisms for issues related to land); 40 c) the livelihood risks related to land acquisition, particularly on those without legal titles, squatters, and illegal users, and; d) the potential delay in the scheduled time frame as a result of land acquisition, including in the cases where the absence of land title creates problems and imposes delay on projects; 113. Screening of Category A-type interventions. The borrower shall ensure that the Program excludes any activities which, in the opinion of the World Bank, are likely to have significant adverse impacts that are sensitive, diverse, or unprecedented on the environment and/or affected people, as defined in the World Bank policy on PforR financing. The Program interventions are expected to be relatively small-scale projects that will not have significant, diverse, sensitive, or unprecedented impacts that could affect a wide area of influence. Much of the land purchase occurs on government owned land, including the swapping of lands between Ministries. However, the exact locations of the schools and classroom expansion will only be known in the plans that will be developed during the Program implementation; therefore, the ESSA comprises procedures to be followed by the MOE land acquisition staff and supporting entities to screen any possible Category A-type intervention. The MOE staff will be trained to screen such projects. 41 114. The following are the environmental laws and regulations relevant to the construction of the proposed schools: 115. Environmental Protection Law no. 52 for the year 2006 entrusts the Ministry of Environment (MOEnv) as a specialized agency to protect the environment in Jordan. The Law outlines duties and responsibilities of the MOEnv, including official representation in international events. The ultimate objective of the MOEnv is the protection of the environment and elements thereof. According to the Law, it is prohibited to enter hazardous materials/waste into the Kingdom of Jordan, if so found illegal, a range of punishment measures will apply. Authorized personnel (by the Minister or Secretary General) have the right to access any enterprise (industrial, commercial, agricultural, etc.) for environmental inspection. A range of penalty would apply in case of environmental violation. In addition, the Law prohibits the discharge of a substance, solid, liquid, or gaseous, deemed detrimental, into the environment. Storage of hazardous materials close to water sources is prohibited as well. Pursuant to the Law, noise thresholds are determined, along with measures to attenuate. In addition, any establishment prior to construction, which could adversely impact the environment, must undertake an Environmental Impact Assessment (EIA). A technical committee is formed to evaluate environmental impact assessment studies. 116. For any enterprise that exerts harmful emissions to the environment, measures should be employed as required to prevent such emission, or at least ensure no exceedance to the set limits. A range of penalties apply in case of noncompliance. This authority given by the Law could be delegated to any other party through prior approval from the Prime Ministry (that includes other ministries, local governors, and environment directors). 117. Environmental Monitoring and Inspection Regulation no. 65 for the year 2009: As part of duties of the Ministry of Environment (MOEnv), the Regulation aims at ensuring adherence to laws, regulations and instructions relevant to protecting the environment, as well as systemizing procedures of environmental inspection. According to the Regulation, environmental inspection is performed as scheduled inspection, post-inspection, or unannounced inspection. The environmental inspector has the right to inspect an enterprise in special cases other than the above mentioned if approved by the Minister of Environment. The Regulation provides ranking of enterprises into three main categories for environmental inspection purposes:  High risk of environmental pollution (Category 1),  Medium risk of environmental pollution (Category 2), and  Low risk of environmental pollution (Category 3) 118. Criteria for such ranking is based on location, inputs/outputs of production, technology used, quantity/quality of pollutants, inspection records, and degree of fulfillment. Schools are generally Category 2 due to localized and time-bound construction impacts. 119. Jordanian Standard for Prevention and Elimination of Noise (2003): Article (4) of the Standards for the Prevention and Elimination of Noise (2003) indicated that all projects and noise producing facilities should comply with International Noise Standards (No. 2204) and related amendments for issues related to measurement of noise and other associated technical issues. Article 42 (5) of the same standards established a list of activities which are prohibited by law. Those activities include (but not limited to): (i) All construction activities utilizing noise producing plants and equipment (e.g. mixers and vibrators) must cease between 8:00 pm and 6:00 am, unless a permit is granted by the Minister of Environment; (ii) Work activities within light industrial areas with residential dwellings are prohibited to continue between 9:00 pm and 7:00 am (summer) and between 8:00 pm and 6:00 am (winter). 120. Article (6) of the Noise Standard specifies the maximum allowable noise level (in dBA) for specific times and areas. The maximum allowable noise levels applicable to this project are given in the table below: Area Allowable limits (dBA) Day Night Residential areas within the City 60 50 Commercial areas 65 55 Industrial areas (Heavy Industry) 75 65 121. Solid Waste Management Regulation no. 27 for the year 2005: Solid waste management must comply with the Regulation of Solid Waste Management No. 27 for the year 2005. The objective of the Regulation is to ensure a sound management of solid waste that would result in protecting environment and public health. The Regulation gives information on responsibilities and tasks to be undertaken including observing and collecting operations, transportation of wastes, permitting, supervising, scheduling and manifesting. It also outlines the responsibilities and tasks of the Ministry of Municipal Affairs. In addition, the Regulation sets the duties to be fulfilled by the Ministry in cooperation with the related bodies. These duties include picking up the waste, defining procedures of storage, collection, sorting, recycling. In addition to providing treatment, awareness and training programs. The Regulation also deals with compliance, offences, punishments and fines thereof. 122. It sets the condition that all closed and semi-closed public spaces in Jordan should have sufficient ventilation in accordance with the Jordanian Building Code. 123. Soil Protection Bylaw (No. 25 for 2005): It states that the Ministries of Environment and Agriculture should study the sites of development projects and their impact on land and natural resources. 124. The Public Health Law (No. 54 for 2002): It states that any person infected with a contagious disease should be isolated to prevent a disease outbreak. It also gives mandate to the Ministry of Health to monitor sewerage networks and internal installations and to ensure that public health is not jeopardized. Article 4 of the Law defines areas of work for the Ministry pertinent to public school management, including health promotion and healthy lifestyles, disease control, prevention of nutritional deficiencies, maternal and child health, school health, and prevention and control of communicable diseases. 125. Law for Protection of Cultural Herit age & Sites (No. 5 for 2005): Destruction or damage of any heritage site is strictly forbidden. 126. Water Authority Law (No. 19 for 1988): It gives mandate to the Water Authority of Jordan to connect the public to the water and sewer networks, and maintain, operate, and manage these networks. 43 127. Education Law (No. 93 for 1994): It specifies that the Ministry of Education is responsible for providing school buildings suitable for educational purposes and to distribute them throughout the country in accordance with Jordan's educational policy. The Ministry is also responsible for supervising all educational institutions in the country to ensure that they are abiding by the legislation. 128. Jordanian National Building Code no. 7 of 1993: The National Building Code covers 32 codes that address different aspects of the construction sector in Jordan. One of the codes refers to accessibility of public buildings. The following are summary information pertinent to Environment, Labor, and Occupational Safety and Health (OSH): 129. Code 1: Generalities: This code covers the scope of codes issued by the Jordanian National Building Council (JNBC) and general recommendations for the preparation of engineering symbols and terminology used within the codes and the international system of units. 130. Code 3: Site Investigation: The main concern of this code is doing a soil investigation, when it is intended to construct a building in view of the significant effect on the design and construction of civil works of the project, in addition to the influence on the adjacent structures. 131. Code 9: Scaffolding: This code deals with scaffolds more than three meters high measured from the adjacent land. 132. Code 11: Building Materials & Usage: This code reviews with most of the materials used in the building industry and methods of application. 133. Code 13: Thermal Insulation: This code aims at defining the building optimum thermal design principles and methods of calculating the thermal characteristics of the different structural elements together with determining the minimum and maximum thermal requirements for these elements to enable the best selection by the engineer. 134. Code 14: Acoustics: The code aims at formulating recommendations and carrying out measurements related to building acoustic characteristics and building elements necessary for creating a non-harmful quiet environment, as well as protecting citizens in all fields of work and at home against the effect of harmful noise and providing comfort at work and during leisure time. 135. Code 15: Fire Protection: This code provides designing and constructing requirements of new buildings as well as modifying existing buildings according to the type of occupancy, which in turn, would ensure sufficient levels of public safety against fire hazards. 136. Code 16: Natural Ventilation & Sanitary Requirements: This code addresses ventilation of buildings that are being designated for human occupancy. It also provides the sanitary requirements therein. 137. Code 17: Natural Lighting: Mainly this is concerned with familiarizing of the importance of daylight and methods of calculation and control for optimum use of daylight in buildings, in an attempt to ensure comfortable seeing according to the human activity therein. 138. Code 18: Water Supply for Buildings: This code covers the general conditions and recommendations for the design and installation of cold and hot water supply networks, water demand for fire-fighting in buildings, in addition to defining the terms and other items related to the pipes and fittings network installation, maintenance and similar works. 44 139. Code 19: Drainage and Sewerage in Buildings: This code puts technical and sanitary basis for the design of the building’s sanitary drainage networks. 140. Code 20: Urban Aesthetics: This covers urban aesthetics with respect to: land planning; local environment aesthetics; natural and planned sites; public and private parks and gardens; archaeology and archaeological sites; traditional buildings; public services; commercial and information advertisements; and maintenance. In general, this code aims at making recommendations to those in charge of city administration to enhance city aesthetics and prevent any distortion. 141. Code 21: Refuse Disposal: This code covers the methods of solid refuse storage and collection resulting from daily use in buildings, in addition to arrangements necessary to facilitate its collection by the respective official authority. 142. Code 22: Public Safety at Construction Sites: This code deals with the necessary requirements and arrangements for safeguarding workers, visitors and those concerned with construction projects in general, and buildings projects in particular. 143. Code 23: Electrical Wiring and Installations: This code provides regulations defining the minimum safety protection requirements for citizens and their properties against the risk of misuse of electrical wiring, installations and equipment. 144. Code 27: Fire Alarm Systems: This code contains recommendations for the design, installation, operation and maintenance of the fire detection and fire alarm system in buildings and their surroundings. 145. Code 30: Mechanical Ventilation and Air Conditioning: This code covers works related to the general design, planning, and installation and testing of mechanical ventilation systems which operate on driving or drawing of air to or from the building and/or the mechanical air conditioning system which operate on converting air characteristics within the air conditioned space. 146. Engagement of Jordanian Labor in Governmental Construction Contracts (Instruction no. 63/1/7637, dated on 22 Feb. 2014). The core value of the Ministerial decision is to regulate Jordanian laborers engagement in construction contracts tendered by the MOPWH. The following table highlights numbers versus types of contracts. Buildings contracts Number of Jordanian laborers 500 – 1,000 sq. m (including outdoor areas) 5 1,000 – 2,000 sq. m (including outdoor areas) 10 2,000 – 3,000 sq. m (including outdoor areas) 15 3,000 sq. m or more (including outdoor 15 or more areas) 147. The following laws and regulations govern the Hashemite Kingdom of Jordan today as they relate to the protection of children, access to education, and social risk management for land acquisition and resettlement: 45 148. Signatory to the Convention on the Rights of the Child (Article 19): States Parties shall tall all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 149. Such protective measures should, as appropriate, include effective procedures for the establishment of social programs to provide the necessary support for the child and for those who have the care of the child, as well as forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described hereto, and as appropriate for judicial involvement. 150. Signatory to the Convention on the Rights of Persons with Disabilities (CRPD), law number 31 for 2007: It includes all children with disabilities should be taught in inclusive settings for Basic, Secondary and Tertiary education and states that the MOE is responsible for providing inclusive basic and vocational education for all children with disabilities or learning difficulties. 151. Signatory of ILO’s convention no. 182 for the year 1999 on the Worst Forms of Child Labor: It is one of 8 ILO fundamental conventions and by ratifying this Convention, a country commits itself to taking immediate action to prohibit and eliminate the worst forms of child labor. The Convention includes forms of child labor, which are predefined worst forms of child labor which are also sometimes referred to as automatic worst forms of child labor. The last category of worst form of child labor is work where the Convention recommended that the circumstances should be determined in consultation with organizations of employers and workers within a specific country. The Convention recommends that programs of action should attend specifically to younger children, the girl child, hidden work situation in which girls are at special risk, and other groups of children with special vulnerabilities or needs. Child labor is also prohibited by virtue of the Jordanian Labor Law No. 8 of 1996 in Articles 73-77. In 2006 a National Strategy for the Reduction of Child Labor was elaborated and is based on the principles established by the Convention. 152. Education Law No. 3/1994 and Law No.31/2007: It regulates kindergarten, basic and secondary education. It enunciates the philosophy and objectives of education, the educational policy, the tasks of the Ministry of Education, and the tasks of the Boards of Education; it also includes some elements regulating curricula and textbooks, general examination, the structure of the Ministry, as well as the functioning of private and foreign educational institutions. 153. Law on The Rights of Persons with Disabilities No. 31 of 2007: The Law prohibits discrimination on the basis of disability and dictates the provision of services and rights of the disabled in the different fields (health, education and higher education, vocational training and labor, social protection and institutional care, environmental access, etc.). It also imposes the adoption of “inclusive education� between students with disabilities and non-disabled counterparts. The Law also established the “Higher Council for the Affairs of Persons with Disabilities� to be in charge of everything related to disabled persons. It also created the “National Fund for the Support of Persons with Disabilities� within the Council. The Fund is attached to the President of the Council with a mandate to provide the financial resources necessary to support programs and activities related to disability. 46 154. MoSD Law No. 14 of 1956: The Social Affairs and Labor Law (No. 14 of 1956 and its amendments) states that the main responsibility of the MoSD is to provide comprehensive social pensions and coordinate social services for all citizens. The law has not included any article regarding the entity in charge of developing the overall policy for social development and protection. 155. Jordanian Juveniles Law No. 24 of 1968 and its amendment in 1983: This Law came to be more in line with the principles and premises that take into account the nature of childhood. It includes definitions and procedures that consider the child as a human being who passes through developmental stages in which he develops recognition, understanding and perception of the nature of his acts. This requires division of his development into stages depending on these changes and defining measures and community responses that are consistent with the nature of every stage (pre-cognitive, boy, teenager, youngster). 156. Childcare By-Law No. 34 of 1972: Childcare comes under the responsibility of the Ministry of Social Development (MoSD) and covers children from birth till the age of 18 years. It mainly describes the case of provision of care and care for any child under the age of 18 years by any other family than his original (or natural) one (alternative family and foster family) and needs protection, whether temporary or permanent; or by an institution designated by the Minister of Social Affairs or the Juvenile Court. A social study of the original, alternative or foster family is required by this By- Law to guarantee the rights of care of the foster child. It also provides details on the financial allowances for the families or institutions entrusted with the child care. The last article of the By-Law repeals the “alternative family� By-Law No. 70 for the year 1963. 157. Domestic Violence Law No. 6 of 2008: This domain is also covered by the Ministry of Social Development (MoSD). The Protection from Domestic Violence Law No. 6 of 2008 gives special attention to the family, women and children in order to maintain family ties and to minimize the effects of the penal procedures that are followed in the event of committing a "crime among family members. The Law also forms new “family reconciliation committees� whose task is to endeavor to reform and reconcile family members, and is assisted by experts and specialists from any relevant body and from the local community to achieve this purpose. 158. Land Acquisition Law (LAL) 1987, Decree 12: Land acquisition is undertaken in accordance with Decree (12) of 1987 referred to as the Land Acquisition Law (LAL) and in accordance to its amendments. The LAL applies in all cases of land acquisition in the Kingdom of Jordan. 159. Conditions for land acquisitions: Article 3 and Article 9 of the LAL stated the two main conditions under which land can be expropriated:  No land can be taken away unless it is for public benefit and that there is fair and just compensation for any Project Affected Peoples (PAPs) -Article 3 of the LAL  The law requires direct negotiation between the purchasers or public benefit project and land owners until agreement is reached - Article 9 of LAL. In the event that agreement cannot be found between the two parties’ cases are referred to the Primary Court that has jurisdiction in this area and to higher courts if necessary. 47 160. Compensation for expropriated land: Article 10 of LAL states compensation should be fair to both PAP owners and tenants. Owners should be compensated for their properties including (e.g., buildings, improvements, trees) at full replacement cost. 161. Compensation Principles: Articles 11-26 of the LAL lists the following key principles and stages under which compensation shall be processed:  Setting the proper amount of compensation for land value is dependent on: o The amount of land confiscated o The purpose of confiscation o The percentage of land confiscated and, o The status and size of the leftover land.  The land owner is responsible for paying any previous taxes on the property concerned prior to compensation.  Upon final agreement reached on compensation amount, approval and authentication by the Directorate of Land followed by an authentication of the Cabinet is required,  The relevant party or the public benefit project is required to pay the compensation to the land owner directly or deposited the full compensation amount in the Treasury under the beneficiary name within three months.  Non-payment results in a 9% annual interest being added to the compensation starting the day after the three month’s period. This analysis is based on the existing law, regulations and practices. A new law, referred to as “Real Estate Property� is proposed and includes provisions that -if passed, may amend or replace the current Jordanian Land Acquisition Law. 162. Private land: Article 7 of the LAL specifies that the owner of the property is the person in whose name the property is registered at the Land Registry. If the property is not registered, the person seizing the land on the day of issuance of the Council of Ministers’ Resolution to acquire shall, for the purposes of compensation, be considered the owner. This stipulation does not preclude anyone else from claiming ownership through the courts. The entitlements of legally established renters are also confirmed. 163. The Jordanian LAL in Article 11 does not place limit on what a PAP can be compensated for. However, it permits expropriation without compensation for up to 25% of the area of a plot if the purpose of the expropriation is for:  Linear projects, e.g. the construction, or expansion/widening of a road, or  The construction of a government housing project 164. Article 12 of the LAL stated that, if for the above purposes all the area is expropriated or if what is left is not of use, compensation shall be paid in full for the whole property without any part being acquired for free. 48 165. Multiple ownerships: It is the general practice of the government of Jordan to deal with the multiple owners as a body and to ask them to select a representative to act and negotiate on their behalf. Nonetheless, all owners or shareholders will be entitled to property compensation according to their shares. 166. Government lands: The process of acquisition of government lands and assets will be handled through intra-government discussions and agreements. 167. Tribal lands: There are no specific provisions in the LAL or other legislation for tribal lands to be acquired or for the loss of traditional use rights. However, all lands affected by the project are registered by the appropriate authority to owners or government departments (or are under dispute). 168. Improvements and water rights: Compensation for farmlands may include separately itemized compensations for features such as walls, greenhouses, wells, water rights, etc. 169. Article 10 of LAL clearly stated that compensation should be fair to all PAPs, - both owners and renters. Owners should be compensated for their properties which include not limited to buildings, improvements, trees and, etc. at full replacement cost. In principle, any damage or injury caused by the project may be compensated. 170. Crops and trees: Under the LAL, tree and annual crops are subject to compensation but no guidelines are defined except that the expropriation shall be in consideration of an equitable compensation. 171. Renters: The LAL restricts the awards to renters proportionately as a percentage of the compensation for the plot. The highest amounts payable to renters are: (a) 15% of the compensation of the plot, if the payment is to compensate for property occupied for industrial or commercial purposes, (b) 5% of the compensation of the plot, if the payment is to compensate for property occupied for any other purpose. 172. The LAL does not preclude private agreements between renters and owners as settlement without the agreement of the renter is extremely unlikely. 173. Source of funds: The necessary funds for compensation will be provided by the Government of Jordan as part of its contribution to the project. The total compensation amount allocated shall be kept in a separate budget line item in the Department of Lands and Survey (DLS), a Department of the Ministry of Finance or the appropriate government agency. 174. Decree 12, 1987 provides all concerned parties involved in land acquisition with a clear summary of the process to be followed and defines the roles of the various parties. 175. Land expropriation approval: Land expropriation requires the Cabinet’s approval. When acquiring land, public benefits projects are required to provide fair compensation and are subjected to provide evidence that they have the needed resources to pay compensations relating to their operations. 49 176. Articles 3.9B and 10 of the LAL stated that direct negotiation between land owners and the relevant purchasing party or public benefit project should occur to allow for agreement to be made on a fair and just level of compensation of any confiscated land. 177. In the cases where the parties reach into negotiated agreement, the project will ensure that compensation for land is directed to the PAPs or placed under bank accounts in their names in accordance with the Land Acquisition Law of 1987, article 16. Grievance procedures are set according to articles 10-14 of the Land Acquisition Law. 178. Valuation committee: Valuation committee will be established and its primary responsibility is to estimate fair compensation for expropriated lands and properties. According to LAL, valuation methods will include the following steps:  Demonstration of public benefit from the project concerned.  Assessment of replacement values of confiscated land.  Establishment of compensation rates for all assets to be confiscated. 179. Valuations are based on current land values and prices. While the Valuation Committee essentially governmental in its make-up, the law specifically empowers the Director of Lands and Surveys to call upon any advice in a review of compensation if necessary. 180. Residential building: Residential buildings acquisition procedures in Jordan are similar to land acquisition procedures charted in Table 4 below, as stated in Land Expropriation Decree 12, 1987, through residential building acquisitions not subject to Prime Ministerial approval, and the process for acquiring residential building is listed below:  A committee is formed at the local district or municipality level at the request of the appropriate ministry to value the structures affected. This committee comprises the district representatives of the Ministries represented on the acquisition committee, namely the MOPWH, Department of Lands and Survey, Ministry of Finance, Ministry Agriculture; and the Auditing Bureau.  This committee evaluates the affected structures and provides a valuation report. The valuation is given on a unit rate per square meter. This valuation is presented to the owner who may object. A period of 30 days is permitted for objection. If they wish the committee may seek additional technical assistance in drawing up their valuation,  If no objection is forthcoming the valuation report is sent to the Minister of Finance for approval. If objections are raised the valuation is not forwarded to the Minister and negotiations are entered into. If these are successfully concluded the process is restarted and the agreed valuation passed on to the Minister. If no agreement is reached the issue is referred to the courts.  After ministerial approval the valuation report is forwarded to the Director of Lands and Survey for payment. The funds utilized are drawn from specific appropriate agency budget allocations. 50 Table 4. Procedure for Land Expropriation: Decree 12 of 1987 Project Proponent Other Relevant Agencies Project Affected Persons Step 1: The appropriate project The relevant agency assists the proponent provides detailed concerned project proponent to information on the land and identify and finalize properties to be expropriated. information on the land and properties to be expropriated. Step 2: The appropriate project The relevant agency will help Any objection to the proponent announces in two daily the project proponent to acquisition must be lodged newspapers the municipality intent estimate the budget for the within 15 days of publications to expropriate specified land, proposed expropriation and of the intent to acquire providing full details. ensure budget allocations. Step 3: Establish valuation Appropriate agencies will committee (VC) to estimate monitor the valuation process compensation (valuations are based and make sure total cost within on current land values and prices). the allocated budget. Step 4: Announce the details of Step 5: Affected persons will land acquisition profile including have 30 days to discuss the compensation cost and publish offered compensation with them in the official magazine. concerned authorities and valuation committee. Owners have the right to object, and appeal against the amount offered to them. Step 6: Negotiation and establish Step 7: If no agreement is final offer in full coordination with reached, owners have recourse valuation committee. to the Courts. Step 8: Approval by appropriate Step 9: The cost of authorities compensation is finalized on ratification is made by the appropriate authorities. Step 10: Disburse funds to PAPs. The designated authority will follow-up and ensure that PAPs receive their compensation without any delay. Step 11: Judicial involvement when no agreement is reached. 181. In the event agreement cannot be found between the two parties articles 10-14 of the Land Acquisition Law make provision for cases to be referred to the Primary Court that has jurisdiction in this area and to higher courts if necessary. 51 182. The MOE also handles grievances which include land disputes but extends to other issues (violence, complaints about teachers, etc.). It has an Internal Control and Inspection Department in the Guidance and Orientation Division Department that oversees three Sections: the Complaints and Grievances Section, the Protection and Safe Environment Section and the Educational Counselling. 183. The Complaints and Grievances Section was created 15 years ago and receives and processes about 600-700 complaints primarily coming from teachers. The Section has 6 staff; the Head of Section and five members with bachelor degrees in law and above (PhD) and trained on administrative control and internal investigation. The Section covers the 42 Education Directorates and each of the five Section members follows up on complaints originating from several Directorates. 184. Complaints can be categorized into two groups:  Internal: teachers, students and parents, complaints received by the Minister office, the Secretary Generals offices, the Complaints and Grievances office, by fax, hot line and complaints box located at the entrance of the MOE; and  External: The Royal Court, Prime Ministry, Parliament, Audit Bureau, Huma Rights Board, Integrity and Anti-Corruption Commission, local media, and electronic complaints received through the website of the Ministry of Public Sector Development. 185. The Complaints and Grievances Section handles complaints received from the teachers. The nature of these complaints is mostly around transfers and penalties. The teachers usually present an official objection to the Ministry which is then transferred and dealt with by the Legal Affairs Department. Some of the measures followed to reduce the number of complaints are: circulars issued by the Ministry to the Education Directorates requesting them to solve complaints internally before the reach the Ministry. 186. Channels for filing complaints include: hotline of the Ministry (now transferred to the Minister office), complaints box at the Ministry, Minister’s Office, Secretary General’s Offices, Complaints and Grievances Section, and Electronic Complaints Unit at the Ministry of Public Sector Development. 187. Documentation of complaints is maintained both via an electronic filing system of complaints and a paper archiving system where complaints are filed before being forwarded to the concerned staff. Complaints are kept for three years in a safe cabinet before being discarded. 188. The Protection and Safe Environment Section was established three years now and comprises three staff. They maintain their own hotline for complaints mainly by students and parents. They also receive complaints directly at the office, and from the different Education Directorates. They receive 60-70 complaints by semester through the hotline which nevertheless is not very well known by the students and the public. Complaints about various forms of violence – whether verbal or physical – are registered here. The Section maintains a “Complaints Log� for all received complaints in addition to direct follow-up with the Education Directorates to close the complaint file. 189. The Educational Counselling Section is responsible for “Boards of Student Discipline� following the Instruction of Student Discipline No. 5 for the year 2017. They manage the 2,000 Educational Counselors deployed to 2000 schools all over Jordan (number of schools in the country amounts to 3,500 schools). The management of the Section is striving to recruit additional Counselors to cover the remaining gap of 1,500 schools that do not have counselors. 52 190. In collaboration with MOE’s Educational Counselling Section, in 2009, UNICEF launched a campaign “Together Towards Safe School Environment� (Ma’an Initiative) aimed at reducing violence at schools. Results showed 12% reduction in physical violence (of teachers to students) and 20% reduction in regards to verbal violence up until end of 2016. The project produced a training toolkit for the campaign, monthly survey for violence in schools, education program for school behavior, capacity building program for teachers for dealing with violence cases, etc. It also covered 39,749 people including principals, teachers, educational counselors, parents and students. The second phase of the campaign aimed at reducing bullying (student to student) will be launched soon. 191. While these mechanisms exist, the process could be further strengthened with greater coordination across departments and more awareness raising efforts that these mechanisms exist. Program Management Institutional Arrangements specific to School Construction 192. MOE will be responsible for the overall implementation of the project, and the Ministry of Public Works and Housing will be responsible for the implementation of the civil works component. Directorate of Planning under MOE will be responsible for site selection and identification of needs. Directorate of Buildings and International Projects (DBIP) under MOE will be responsible for providing standard school designs. DBIP will accomplish this in direct coordination with MOPWH, Government Building Directorate (MOPWH-GBD) that will be fully responsible for the implementation of all civil works contracts under the project. 193. The MOE is currently preparing a school mapping plan to identify the location of MOPWH will further enhance the capacity of its staff in the proper administration of environmental and social concerns, both in terms of addressing environmental and social issues as well as the welfare of the beneficiary communities. 194. During the course of the school mapping plan preparation and updating, the concerned municipalities and concerned stakeholders will be consulted. Similarly, the Ministry of Environment, the Department of Antiquities and WAJ will be consulted, as needed, to determine the specific requirements related to access roads and streets, availability of basic infrastructure services and requirements, and the possibility of proximity of historical and cultural heritage sites. 195. The consultation process will consist of a joint review of the proposed sites, and upon approval of the sites, specific design documents will be submitted for the review by the municipalities. The proposed sites will be published in local newspapers to inform the public, and MOE will follow up on inquiries and complaints through the planning directorate. Monthly progress reports that MOPWH- GBD submit to DCU include issues encountered with respect to environmental issues. MOPWH will be responsible for undertaking routine supervision of ongoing civil works. 196. MOPWH will further enhance the capacity of its staff in the proper administration of environmental and social concerns, both in terms of addressing environmental and social issues as well as the welfare of the beneficiary communities. 53 Planning Phase 197. The planning phase is the prime responsibility of the Ministry of Education (MOE). It receives funding from multiple donors, assesses the needs for school capacity and buildings, and determines physical requirements for educational facilities. MOE responsibility in this phase should not be limited to planning but should also include location readiness: securing permits and licensing, identifying land borders, and solving issues prior to proceeding to the next level. MOE planning and management capacity is improving with respect to selection of school locations. The MOE currently lacks a database or system that provides up-to-date information on demographics and school populations, status of construction projects, and projected needs, resulting in duplication of effort at times. 198. MOE frequently does not have information necessary for good planning. For example, soil testing, social studies and traffic flow studies are not always available during the planning phase. Architecture and engineering firms stated that "as-built" diagrams that show wiring and plumbing are not available when needed, particularly for older schools. 199. The long duration of the planning renders original plans irrelevant by the time of implementation. The MOE highlighted changes in demographic characteristics at the local level that affected relevance of plans. The situation has been exacerbated by the influx of refugees, placing additional demands on school services. Another issue mentioned is the continuous change of plans that cause delays in the implementation and increase costs. 200. In regards to finding locations for schools, the MOE mentioned that land parcels in highly populated urban areas such as Amman and Zarqa are frequently unavailable and if they are, the price is very high. The MOPWH highlighted the high cost incurred when fixing/preparing locations that are not ready, and the significant time needed to solve land issues, particularly those owed by multiple parties. Local community members, parents, and school staff feel that the selection of school locations is poor and not proportional to real needs. It is perceived that this issue might be the result of pressure imposed by influential people who cause irrational/unjust distribution of schools between governorates. Utilities and service delivery companies similarly voice dissatisfaction with the selection of school locations. Design Phase 201. During this phase the MOE is responsible for reviewing the compliance of preliminary designs with the planning needs and for developing the school buildings design guidelines. The MOE delegates MOPWH to manage the design, construction or expansion of the schools. The major challenge mentioned in relation to the MOE capacity is that they are sometimes unable to secure current property documentation such as the registration, which, according to MOPWH, results in delays in the design phase. Each donor has been imposing specific school building guidelines, which complicates tendering and follow up. The MOE is in the process of updating their own school construction guidelines, which, should donors agree to follow these, will correct this. Tendering Phase 54 202. The MOE role is secondary in this phase. At times MOE studies the technical proposals for the construction firms and gives input when necessary. Supervision Phase N/A Closeout and Acceptance Phase 203. MOE has an important role in receiving the schools (in conjunction with the taking-over committee), yet this step is at times managed less than optimally. Although MOE staff determine whether the educational requirements of the facility are met or not, MOE sometimes starts using the schools prior to the completion of all punch list items’ construction work, which can result in damage to the property and problems for contractors attempting to finish the work. School staff mentioned that the hand-over process does not consider the start of the semester, resulting in schools needing to operate prior to being fully furnished. Operation and Utilization Phase 204. Newly constructed/expanded schools attract more students in numbers beyond the schools’ capacity because of their high infrastructure standards and facilities. Architecture, engineering, and construction firms claim that school staff and students are not trained on proper usage of school facilities, particularly in facilities with modern fixtures and systems that the users and those responsible for its maintenance are not familiar with. School staff, teachers, and parents report delays in receiving equipment needed to operate laboratories. Maintenance Phase 205. Stakeholders point to the core issue of school staff and students not using the facilities responsibly. While stakeholders believe that MOE and schools have responsibility for maintaining schools, the MOE directorates, construction firms, and associations point to a lack of a technical specialists responsible for maintenance services. This was confirmed by MOPWH, municipalities, and utility companies, who stated that the MOE (at the central and directorate levels) is not fulfilling its maintenance responsibilities. Furthermore, the MOPWH states that the "Construction Guarantee" term is not carefully understood by stakeholders, resulting in a significant burden from requests for maintenance that are irrelevant and not the responsibility of MOPWH. Planning Phase 206. MOPWH is not involved in the planning phase; planning is the core business of MOE. Design Phase 207. MOPWH plays a major role in this phase. The main challenges result from a lack of site visits conducted by either MOPWH or A/E firms, which hinders producing good quality designs. The Studies Department at MOPWH perceive that site visits are the responsibility of A/E firms, and 55 mentioned that site visits are an essential part of the design phase through which the Ministry identifies land obstacles and avoids potential complications that could hinder the progress of the project implementation. Tendering Phase 208. The Tendering phase is the process of producing requests for proposals, reviewing and approving proposals. Responsibility for this phase lies primarily with the Tendering Department, an independent department at the MOPWH. The main challenge in this phase, as mentioned by MOPWH, is the lack of an annual plan that illustrates procurement needs for the entire year. In their opinion, such a plan would provide a framework to guide them in their tasks and duties throughout the year and would make them more prepared. At times, design documents are often preliminary and change over the course of the project. In some cases, governmental requirements may not be included or mentioned in the tendering documents, thus affecting the flow and timely implementation of the project. Moreover, construction firms state that MOPWH requirements concerning the minimum qualifications required for firms participating in tendering are not in-line with proposed project values, thus affecting the quality at all levels. Supervision Phase 209. Given the limited capacity of MOPWH in terms of human resources, vehicles and time, the Ministry is unable to follow-up in a timely manner with engineering firms throughout the construction and handover phases. This has implications on quality, undoubtedly. Closeout and Acceptance Phase 210. Some stakeholders characterize this phase as one of significant delays in handover of schools caused by MOPWH. As mentioned previously, delays are mainly due to the high volume of projects managed by limited staff with limited capacity. Stakeholders also pointed to delays by the Ministry in forming Receiving Committees. These committees are an important part of the closeout and acceptance phase that allows stakeholders to participate and agree on schools’ readiness. School staff perceive these delays as negligence on the part of MOPWH. Moreover, engineering firms mentioned that in some cases additional work is requested to schools that are near completion; they believe this is due to lack of proper coordination by the Ministry. The Construction Association complained about delays in releasing their funds in escrow and certificates of acceptance due to bureaucratic procedures at the Ministry. In addition, MOE and school staff mention that the MOPWH often fail to provide “as- built� designs that are essential to detect design gaps, and to design expansion plans for individual schools. Operation and Utilization Phase 211. N/A. Maintenance Phase 212. During the construction warranty period, maintenance issues are communicated to the contractor by MOPWH. Most stakeholders are concerned that the current one-year warranty provided by the contractors is insufficient. 56 Construction and Architectural/Engineering Capacity and Challenges 213. Construction and A/E firms are the actual implementers of construction projects. Their involvement begins during the design phase and continues through the tendering, supervision and closeout phases. Hence, their capacity to deliver high quality products in a timely manner is viewed by stakeholders as critical. Planning Phase 214. N/A. Design Phase 215. MOPWH raised the issue of the poor quality of the designs submitted by A/E firms as well as A/E firms’ lack of knowledge regarding general safety requirements, climate considerations, parking spaces, waiting areas, eating and food service areas, and waste disposal as a concern for poor designs. MOPWH states that A/E firms’ lack of authority over decisions to remove old buildings and rooms to produce better designs hinders their ability to do good work. MOPWH expects the A/E firms to provide early assessments of obstacles such as trees and telephone lines; when these assessments are not conducted, implementation is impeded. Municipalities and utilities are concerned about delays caused by designs that do not meet zoning regulations. Tendering Phase 216. All stakeholders voiced discontent with the lengthy tendering process. MOPWH attributes the lengthy period to delays in receiving tendering documents from the A/E firms. Some contractors cite their limited English language reading skills as a challenge, as they struggle to understand contracts written in English. Supervision Phase 217. MOE stated that the main challenges in this phase are the poor quality of materials used in construction, and the absence of supervision from A/E firms, both of which affect building maintenance and sustainability. A/E firms cite the main challenges in this phase as tight budgets and geographical dispersion of schools. Municipalities are often not satisfied about the level of commitment of the contractors, evidenced by their not abiding by the original approved designs, and not fulfilling other stakeholder requirements for reasons of neglect and carelessness. Stakeholders cite a chain of problems due to delays by A/E firms, such as delays in construction, increased costs for construction firms, and schools being handed over after the start of the school year. Closeout and Acceptance Phase 218. MOE is sometimes not satisfied with building finishing details and quality. Moreover, the municipalities and utility companies stated that the A/E firms and construction contractors do not comply with approved plans, resulting in design errors. Operation and Utilization Phase 219. N/A. 57 Maintenance Phase 220. In the maintenance phase, stakeholders most affected are the end users and the MOE field directorates, who suffer from the lack of enforcement of contractors’ guarantees and maintenance within the free warranty period. When contractors do provide warranty maintenance, they sometimes use low quality materials. School officials also mentioned problems that occur when spare parts are not provided for repairs, such as fans and electrical fixtures in computer rooms. 221. In terms of regulatory provisions protecting children’s rights, Jordan leads in comparison with many of the Middle Eastern countries. However, significant gaps exist between implementation and enforcement of the laws. Regarding land acquisition regulations, Jordan counts with a robust process however, several gaps exist with the standards and policies promoted by the World Bank. Child Labor 222. While Jordan is a signatory to the Convention on the Rights of the Child (Article 19) and ILO’s Convention on Worst Forms of Child Labor, enforcement is weak, and child labor is one of the most poignant reasons for children out of school. There are two scenarios that depict child labor in Jordan; those of children who are accompanied by their parents and children who are on their own. Typically, the unaccompanied parents have been sent from Syria to work and send remittances home thus tend to be young teenage boys (ages 14-17). These boys engage in a variety of occupations, including auto maintenance and repair, vocational trades (such as blacksmiths, electricians, battery technicians, plumbers), agriculture, fishing, mining, manufacturing, gas and water sectors, construction (carpenters, painters), hotels and restaurants, transport and storage, street peddling, and begging. 223. In the case of accompanied children, these vary in gender and age groups and they common characteristic is that they want, (or are asked) to support the family income. While cash programs have helped to some extent, they have not really prevented children from working. There is a new Inter-Agency Task Force and Child Protection Working Group with the support of ILO to strengthen the referral system and resolution system on this issue. However, a significant challenge is that MOL works with the employer to address child labor but there are limited systems in place to support the child. Disabilities 224. The Law on the Rights of Persons with Disabilities no. 31 (2007) states that MOE is responsible for providing a quality inclusive education for all children with disabilities or learning difficulties, however its implementation varies. It is common for students with disabilities to be segregated in specialized centers, or placed in mainstream schools but separated for the majority of the day in different classrooms from their peers. However, Jordan still relies almost entirely on a private educational, non-inclusive environment for students with disabilities/gifted students. Reliance on medical reports as the sole basis for identification often leads to inappropriate placements and insufficient support in schools. Additional barriers include lack of teacher awareness and training, physical accessibility, and fragmentation of responsibilities for education offered to students with disabilities between MoSD and MOE. 58 Labor Law 8, Article 72 225. The Human Resources Development Strategy, reaffirming the GoJ’s commitment to improving ECED infrastructure aimed at providing a basic level of quality access for all children in Jordan. By increasing public funding for ECED; encouraging the private sector to invest; building public-private and community-based organization (CBO) partnerships; and, reviewing and enforcing Article 72 of the Labor Law (which relates to employer’s responsibilities to their employees for nursery provision). 226. The Article 72 of the 2011 Labor Law, requires employers with more than 20 working married women with at least 10 children are required to provide crèche facilities. However, it is not being successfully enforced and where provision occurs, it often does not meet national quality standards. It requires:  Employer to provide an appropriate site without specifying its terms and conditions  Employer to provide a qualified caregiver for the children  Employer’s obligations are subject to law when there are 20 workers and 10 children less than four year’s old  No financial burdens on the working women in return for benefitting from daycare services to be imposed  There are no regulations about how this should be implemented. The article does not stipulate licensing for the daycare, did not specify the number of caregivers, or the site of the daycare, inside or outside the workplace. 227. A study of the inspection and monitoring mechanisms reveal that the labor inspectors have significant discretion to enforce the law. While it is widely known that most companies do not comply with this regulation, to date, no cases of establishment closure establishments have been reported for reasons related to the employer’s non-compliance with the provisions of Article 72. The penalty for non-compliance is only financial and ranges between fifty and one hundred JD. Therefore, the imposed fine is much less from the employer’s point of view than the cost of establishing a daycare center. 228. The MOE currently has a strategy in place to Mainstream Gender across its various programs. The strategy consists of four components: institutionalizing gender mainstreaming, capacity building of Ministry staff to address gender issues and integrating gender perspective into strategic and annual plans as well monitoring and reviewing achievement. Although the strategy was adopted in 2010, it was not evaluated since then and efforts to fulfill it fell short. A Gender Unit was formed in the MOE but the limited human and financial resources as well as its restricted delegated authority have confined its work and implied that efforts to address gender equality are deployed when external funding is secured. A network of field staff have been trained on gender but only briefly. Commitments to promoting gender equality has yet to be institutionalized within the Ministry as teachers’ behaviors and curricula continue to promote gender stereotypes and enforce exp ectations and roles. 229. Legal protections exist in cases of domestic violence and abuse however victims of violence accessibility to legal action and protection is limited especially that domestic violence is consider a 59 family affair. External reports of incidents of violence in families is dismissed considering that physical beating is still considered by many as a form of discipline. Mechanisms to rehabilitated families and victims of violence are still basic in Jordan and many victims of domestic violence, especially children return to the custody of the families, hence exposed to a at higher risk. 230. In 2017, the Jordanian Penal Code was also amended to eliminate the article that acquits the rapist from his punishment if he marries the victim. This modification has shifted the state position on violence against women. MoSD has also indicated its intent to develop a second shelter for women victims of violence. Women are also subject to killings in the name of honor and in such cases, women are kept in custody of the police (in prisons). Article 41, Decision 1130 of 2001 Article 41 of Decision no. 1130/m/2001 231. Regarding the need for land expropriation when school construction is needed, the Jordanian system has several gaps with World Bank Policy Operational Policy 9.00 that could impose negative impacts on the affected persons. In particular, the MOE’s experience with land acquisition has been with Jordanian regulations and has not handled land acquisition issues through donors-funded projects (as all donors require the availability of publicly owned land for school construction). 232. Regarding the need for land expropriation, the Jordanian system has several gaps that could impose negative impacts on the affected persons. The environmental and social systems assessment in OP 9.00 considers, as may be applicable or relevant in a particular country, sector, or Program circumstances, to what degree the Program systems manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and assist the affected people in improving, or at the minimum restoring, their livelihoods and living standards. 233. The differences between Jordanian Land Acquisition Law and core principles that cut across the World Bank OP 9.00 are described below. Project Impact Jordanian Law OP 9.00 Loss of land  Cash compensation is  Compensation at full replacement cost resulting from more preferred option,  Where domestic law does not meet the standard permanent land of compensation at full replacement cost, acquisition compensation under domestic law is  Permits expropriation supplemented by additional measures necessary without compensation to meet the replacement cost. for up to 25% of the area  Provision of equivalent land nearby (if of a plot if the purpose available). of the expropriation is  Cash compensation to village for arable land for for: i) the construction, (compensation unit prices based on output value or expansion/widening of cultivated land, land compensation times and relative land management regulations). 60 of a road, or ii) the construction of a Good practice: government housing  Readjustment of village land within affected project villages and host villages where applicable.  Use of cash compensation for farm intensification, crop diversification and other land development and agricultural extension techniques for more efficient use of land. Loss of land from  No provision – or need  Compensation for temporary land acquisition temporary land further study based on the annual output of the leased land acquisition plus the costs associated with land preparation and re-cultivation.  Return of temporary land to the land user after use in similar to pre-project or better condition Loss of Tribal  There is no specific  OP 9.00 recognizes…individuals or groups who Land provision for tribal lands depends on open access to resources, whose to be acquired or for the customary right are not legally recognized, loss of traditional use  Entitled to compensation for crops, moving rights. There is therefore allowance and transition support. no requirement for compensation measures to be developed for the acquisition of tribal lands. Loss of physical  There is no legislation  Compensation for housing including private resettlement or that applies specifically housing (rural and urban). relocation to the rights of  Replacement land for households to be provided individuals, government within the original village (internal settlement), if and other parties in cases available. of physical resettlement  If replacement land not available provide and relocation. alternative household enterprise location as close to the original location as possible (collective resettlement).  House-for-house replacement in urban areas.  Cash compensation based on original house area to urban resettles. Good practice:  Assistance to be provided to the resettlers in procurement of labor and material for construction of new housing.  Provisions to be made for temporary housing and financial assistance accorded where rental support needed for temporary accommodation.  Transportation/relocation allowance to be provided to the resettles on household basis. Expropriation  LAL allows up to 25  PAPs losing more that 20 percent of their total without percent of the area of a agricultural land are entitled to a land compensation plot to be expropriated replacement option without compensation:  PAPs losing more that 20 percent of their • The construction, or agricultural land are generally considered expansion/widening of a severely affected 61 road  If they chose so, they cash compensation and • The construction of a economic rehabilitation can be given instead of government housing land project Loss of crops  No guidelines are  Cash compensation to affected farmers based on defined except that the the average of the previous year’s production expropriation shall be in value consideration of an Good practice: equitable compensation,  Crop loss to be minimized to the extent possible  Under past practice in by avoiding acquisition during harvesting Jordan, confiscation of tree crops has been compensated on the basis of a flat rate single payment defined according to a schedule developed for this purpose based on the type and age of tree. Squatters and  The Jordanian LAL is  OP 9.00 states that those without legal title to Encroachers not clear on the issues of affected land may be compensated for their compensation payments structures and may qualify for other for squatters or illegal resettlement and rehabilitation assistance. occupation or use of  The Bank’s involuntary resettlement policy is registered properties. explicit on the compensation entitlement to people without title or use of rights. Loss of  LAL has not made clear  Whether or not the affected persons must move to enterprises/ loss of provision for restoring another location, it requires that PAPs should be income sources or loss of income sources assisted in their efforts to improve their means of livelihoods and standards of living or at least to livelihood or means of livelihood. restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher,  Compensation for land and reconstruction of enterprises' structure/buildings and facilities.  Compensation for loss in production and relocation of enterprises. Good practice:  Provision for continuance of employment of workers affected from enterprise relocation during the transition period through provision of temporary premises, or compensation for lost wages. Loss of settlement  No mention of how to  Compensation for reconstruction/ reconnection utilities handle loss of settlement to water supply/electricity/ sanitation utilities in any of the (previous infrastructure). RPF/RAP revised and need further study Loss of public  Although LAL stated  Compensation to owners/operators for infrastructure that owners should be infrastructure replacement. compensated for their 62 properties including (buildings, Additional measures : improvements, trees) at full replacement cost,  Prompt allocation of land for reconstruction of the application of the public infrastructure including labor and law raises some concern material. and further study and clarification in this area is strongly advised Impact to  LAL provides for the  Additional cash allowances provided to vulnerable groups protection of vulnerable vulnerable and economically disadvantaged people groups  However, review of the  Prompt payment to vulnerable and application of the rule economically disadvantaged groups early in indicated that there are the resettlement process vulnerable people who may be at a disadvantage in a system where the process of estimation of compensation is complicated and dominated by official representation and there is a need for paying close attention to this concern Land Tenants  LAL restricts the  Tenants are entitled to some form of compensations to renters compensation whatever the legal recognition of proportionately as a their occupancy. percentage of the  Tenants on agricultural land (such as compensation for the sharecroppers or lessee) are usually entitled to plot moving costs, transition allowance and crop value for minimum of a year. Owner’s of non  No mention of how to  Entitled to in-kind compensation or cash permanent handle non-permanent compensation at full replacement cost including buildings buildings in any of the labor and relocation expenses, prior to RPF/RAP revised and displacement. need further study Owner’s of  The valuation is given  Entitled to in-kind compensation or cash permanent on a unit rate per square compensation at full replacement cost including buildings meter and the LAL do labor and relocation expenses, prior to not provide further displacement. details on compensation  Replacement values will be based on: for buildings  Average replacement costs of different types of household buildings and structures based on information on the quantity and type of materials used for construction (e.g. bricks, rafters, bundles of straw, doors etc.),  Prices of these items collected in different local markets and as provided by the Ministry of Public Works and Housing,  Costs for transportation and delivery of these items to acquired/replacement land or building site,  Estimates of construction of new buildings including labor required. 63 Timeframe  The law specifically  Compensation payments for acquired land and states that no court case affected assets and resettlement of households as shall impede the described above, must be completed as a appropriation process. In condition for the taking away of land and before effect therefore, the law commencement of the civil works under the judges the property and project. the structure to have  No civil work shall start unless all resettlement been acquired from the issues are negotiated and are completely handled moment of notification. Information and  The Jordanian LAL  OP 9.00 stated that the affected persons must be consultation process is not inherently made aware of: consultative. Review of some of Bank financed  Their options and rights pertaining to resettlement IPF projects RPF/RAP and compensation, in Jordan “suggested that most of the time  Specific technically and economically feasible consultation with PAPs options and alternatives for resettlement sites, has not been taking  Process of and proposed dates for resettlement place� and compensation,  That compensation rate is at full replacement cost for loss of assets and services,  Proposed measures and costs to maintain or improve their living standards. Payment Delay  Non-payment results in a  OP 9.00 stated that the resettlement plan provides 9% annual interest being prompt and effective compensation at full added to the replacement cost for losses of assets attributable compensation starting directly to the project the day after the three month’s period.  This provision raises great concern as OP 9.00 required payment prior to acquisition  The provision is contrary to OP 9.00 provision that stated that no civil work shall begin unless all compensations are paid in full.  It is strongly advised that Bank Task Team takes appropriate action to accommodate and address this issue within the context of the project. Grievance redress The law specifically Should grievances remain unresolved at executing states that no court case agency level, they can be referred to the court of shall impede the law. appropriation process. 64 234. The existing systems for social management in Jordan were analyzed for consistency with the core principles of OP/BP 9.00. The analysis found that the MOE has significant experience implementing donor projects and has done so with very high quality. However, the MOE has not yet implemented World Bank-financed projects requiring triggering OP 9.00 or other PforRs and therefore they do not have significant experience following Bank policies related to land acquisition. While land acquisition will be avoided, using government owned lands will be encouraged, and related adverse impacts will be minimized however, land acquisition may be necessary by the Program. 235. Existing MOE systems are considered inadequate to address risk related to land acquisition. The “Expropriation� or Land Acquisition Section is the responsibility of the Planning Department of MOE. There is only one employee in this section who is an experienced engineer who covers all issues related to land acquisition for the entire Ministry spanning the twelve governorates. This Section was previously a “Directorate� for 30 years with five staff (Director, Head of Section, two engineers and one service staff) however it was reduced to a “Section� in 2015 with only one staff. The remaining staff were re-assigned to other departments within MOE (ie. Projects’ Department) as the Ministry is facing a serious shortage of engineers. 236. Within MOE, the Land Acquisition Section has direct and regular interactions with the Buildings and Planning Sections within the Education Directorates (42 Directorates) in the twelve governorates of the Kingdom. The main external concerned institution in relation to land acquisition is primarily the Land and Survey Department (Cadaster) and its local branches in the different governorates. The Section also deals with municipalities, Greater Amman Municipality, Ministry of Public Works and Housing, Ministry of Agriculture, and citizens. The Ministry collaborates closely with the Ministry of Agriculture which usually re-assigns lands under its property to the MOE for school construction. Occasionally, the MOE cooperates with the Ministries of Health, Labor and Youth. 237. The Land Acquisition Section has the same responsibilities as its predecessor, the Land Acquisition and Investment Directorate, outlined in the document called “Main Functions of the Land Acquisition Section- Land Acquisition and Investment Directorate�. These include:  Provision of needed land for school construction through expropriation or re-assignment of other public land and those which are the property of the Ministry of Agriculture;  Preparation of the “Annual Expropriation Plan� based on the requests received by the Ministry from the different Directorates of Education;  Preparation of the “Annual Expropriation Budget� to be allocated in the MOE’s general budget;  Updating and developing the data-base related to vacant land owned by the MOE;  Updating and developing the data-base related to MOE- owned schools;  Payment of financial claims related to land acquisition 238. The existing land acquisition screening process starts at the concerned Directorate of Education which identifies the needs for new schools, expansion of existing schools, etc. They refer to the local Cadaster or the municipality within its geographical jurisdiction to verify the availability of public land. A certain form is used for this process entitled “Sample Form for the Study of Acquisition/ Assignment/ Lifting Reservations on Land�. In case of unavailability, an official request is sent to the central MOE for the provision of needed land. The requests are then processed and addressed by the Land Acquisition Section, Projects Department, or the Planning Department. If 65 there is a request for Land Acquisition, the concerned Section at the MOE makes a final verification with the Cadaster (through the Ministry of Finance) for the availability of public lands. If it is confirmed that land is unavailable, the engineer of the Land Acquisition Section single handedly conducts an inspection to verify the real need for a new school and assess the concerned land plot and its delineations. The engineer presents his report along with the related drawings to the Head of the Planning Department of the MOE who makes a final decision on land acquisition issues. 239. The Program will require that engineers or other MOE staff screen out construction of new schools on private land, as well as closely monitor cases that are categorized as Voluntary Land Donation (VLD) to ensure that the act of donation is undertaken without coercion, manipulation, or any form of pressure on those donating. Impacts on informal land users will also need to be addressed if these occur. 240. Land and property expropriation for the public interest projects in Jordan is carried out through established institutional and legal frameworks. Nevertheless, the Jordanian LAL does not include any provisions on land acquired through voluntary donation. Therefore, in cases there is VLD, defined as when people or communities agree to voluntarily provide land in exchange for benefits or services related to the project, the following World Bank requirements must be met:  The act of donation is undertaken without coercion, manipulation, or any form of pressure on the part of public or traditional authorities;  The potential donor is aware that refusal or to say no is an option without any consequences, and that right of refusal is specified in the donation document the donor will sign;  Land to be donated must be identified by the municipalities or local branch of the Department of Land and Survey (DLS) in coordination with the community for the project that have been selected; the impacts of proposed activities on donated land must be fully explained to the donor;  The donor may negotiate compensation (in full or in part) or alternative forms of benefits as a condition for donation  Donation of land cannot occur if it requires any household relocation;  For community or collective land, donation can only occur with the consent of the individuals owners of the land;  Verification must be obtained from each person donating land (either through proper documentation or through confirmation by at least two witnesses);  The implementing agency establishes that the land to be donated is free of encumbrances or encroachment and registers the donated land in an official land registry;  Voluntary land donation will not be permitted in cases of site-specific infrastructure as community pressure could be too onerous for a person to refuse, thus removing the power of choice; 66  In case that the donated land were not used for it is agreed purpose then the local DLS needs to have a written agreement from the land donor that they agree to use the land for the new purpose, otherwise the local DLS will return the land to the owner;  The proportion of land that may be donated cannot exceed the area required to maintain the donor’s livelihood or that of his/her household. Documentation for VLD provided below should be sufficient to verify this;  The infrastructure must not be site specific;  The project must specify means by which land donors may raise grievances, and measures to ensure consideration of, and timely response to, grievances raised. 241. In cases of voluntary land donation, MOE will need to confirm the above criteria and met as well as ensure that voluntary land donation was not done through coercion. 242. Municipalities are the main provider for public services to their constituents within their boundaries and the sole responsible institution for urban planning and planning in general in their jurisdiction. They are in charge of land “zoning� or “organization� as well as their use. Municipalities do turn to land acquisition in case of unavailability of public land for the purposes of public interest or for providing a service: opening of new roads and sidewalks, establishing public markets, street lighting, public building, carrying out developmental and social projects, etc. According to the Municipalities Law No. 41 of 2015 (Article 6) municipalities are also to be consulted for the provision of other public services including the selection of locations for constructing new schools. 243. Land Acquisition Law (LAL) No. 12 of 1987 and the Municipalities Law No. 41 of 2015 are the two main governing legislations in regards to land acquisition by municipalities. The LAL mainly provides all concerned parties (including municipalities) involved in land acquisition with a clear summary of the process to be followed and defines the roles of the various parties. In the event agreement cannot be found between the two parties (possibly a municipality) articles 10-14 of the LAL make provision and set grievance procedures for cases to be referred to the Primary Court that has jurisdiction in this area and to higher courts if necessary. 244. The World Bank policies specify that resettlement and compensation plans provide prompt and effective compensation at full replacement cost for losses of assets or displacement of livelihoods directly attributable to Bank-financed projects. They also stipulate that displacement or restriction of access to land or properties do not occur before necessary measures for resettlement (including addressing impacts on livelihoods) are in place. Jordanian law also stipulates to provide such compensation to those with legal rights. However, squatters and occupants without official rent contracts have no legal rights and therefore are not compensated for eviction, replacement of assets, or displacement of livelihoods. To comply with OP 9.00, the MOE will need to ensure that impacts on informal land users are identified and that these individuals and households are compensated for any impacts on their livelihoods or assets. Any individuals and households whose livelihoods are impacted will also need to receive assistance in efforts to restore or improve their livelihoods or standards of living to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 245. OP 9.00 also specifies that Programs should avoid exacerbating social conflict, especially in fragile or conflict-affected states or post conflict areas. This measure is particularly important for this 67 Program, since one of the Program’s beneficiaries are conflict affected people. While in Jordan there are no established mechanisms that per se address social conflicts, the Program does have several mechanisms that play a role in reducing social conflict and addressing the needs of vulnerable and conflict affected populations. In particular, under Results Area 2 aimed at improving school environment, (i) a pro-social behavior pilot will be introduced to prevent and minimize bullying and promote greater classroom collaboration and disciplining through positive reinforcement, (ii) changes in the curriculum that include sensitization of teachers to promote inclusion (of the disabled and children of refugee and displaced families), and (iii) training to teachers and school administrators aimed at reducing gender stereotypes and promoting positive classrooms behaviors that are equally applied in boys schools and girl schools. 68 Recommendations for Ministry of Education  Establish a database/management information system with current information on demographics, school population, and status of construction (ie. Whether schools have available classrooms/spaces/land to refurbish and/or add a KG extension) for sound decision-making that avoids duplication.  Involve the planning department of the MOE in the entire process of school construction, not only in the planning phase.  Improve the planning to better identify school construction/expansion needs and to ensure that schools are ready at the start of the academic year. This includes enhancing the capacities of the MOE personnel at the local and field levels, and incorporating maintenance and sustainability in the planning process.  Build the budgeting capacity to allocate costs throughout construction phases, ensuring sufficient funds for operations and maintenance.  Ensure participatory planning whereby MOE directorates have a voice in directing construction activities to areas with real needs. This will require empowering directorates to make decisions on technical and financial issues pertaining to projects in their respective areas.  Ensure that schools' educational facility requirements are clear among all parties involved in the implementation based on particular needs of the attending children, girls or boys. This early communication at the planning phase will have an impact on implementation quality.  Build the staff capacity to understand and undertake its responsibility in settling land ownership and rights issues. MOE should give MOPWH and A/E firms documentation of ownership prior to implementation or at provide timely responses on these issues.  Consider factors such as accessibility by roads and availability of basic services prior to location selection.  Make timelier decisions to initiate school construction after assessments and plans are completed to ensure validity of plans, particularly given the rapidly changing demographics and population. If this is not possible, make sure to update the relevant information and assessments as needed before start of construction.  Build the capacity of school personnel in basic maintenance (including preventative maintenance) in order to avoid repair costs and costs resulting from small problems turning into larger ones.  Raise awareness and build capacity of school administrators to engage students, the community, and the private sector to feel ownership of and responsibility for protecting and maintaining schools. This could be accomplished by introducing topics on school responsibility in curricula and through implementing incentives or a reward system. Such programs could involve industrial schools, VTCs and the National Company for Training and Employment.  Train school principals, teachers and students on proper usage of school facilities. Extra training should be provided for donor/USAID funded schools.  Involve the school and community in the design phase to ensure quality of designs by advising MOPWH on technical issues regarding requirements for educational facilities.  Enhance the number and capacities of MOE field engineers, accompanied by an incentive system.  Play a larger role throughout the implementation phases, including supervision of construction. 69  Allocate budget for school maintenance beyond the warranty period to ensure the schools are maintained properly.  Obtain required construction licenses from Greater Amman Municipality prior to the bidding stage of the project.  All A/E firms must have all design drawings approved by the Civil Defense Department  Conduct studies on population and demographics to determine locations for school construction. To the maximum extent possible, adhere to the initial requirements for utilization of facilities, limiting school capacity to 10 percent above original requirements.  Communicate priority levels for maintenance to MOPWH to direct the contractor to fix deficiencies found during the warranty period, thus to ensure urgent situations are addressed first.  Build capacity of MOE directorates in school maintenance and adopt a preventive maintenance approach. Recommendations for Ministry of Public Works and Housing  Enhance the capacities of the MOPWH staff on technical requirements for educational facilities and modern design.  Require longer periods for contractor warranties.  Ensure a clear procedure to provide schools with complete documentation, particularly “as-built� drawings.  Conduct site visits prior to delegating work to A/E firms.  Actively review and comment on the designs provided by A/E firms.  Accelerate the bidding and the tendering process.  Projects should be awarded to firms that are the most technically qualified rather than the least expensive. Contractors who do not perform well should be prohibited from receiving subsequent contracts.  Create a procurement plan that includes the number and types of tenders planned for the year, sources of funding, and the timeframe indicating critical times for completion and handover.  MOPWH should not issue tenders until all licenses and permits are secured. Licenses and permits should be included as part of the tender documents.  Limit retendering unless necessary, and only after approval from the donor or funding entity.  Ensure that tender documents include clear instructions regarding tax and custom exemption procedures.  Adhere to regulations specifying the category of firms invited to bid.  Ensure that tender documents clearly state conditions of the contracts, and should enforce regulations and penalties in cases of non-compliance.  Consider requiring bidders to provide information on the key staff who will be supporting the project.  Conduct awareness workshops for contractors to introduce the project and the design approach, and to build their capacity in using renewable energy and green building approaches.  Ensure that contractors apply and adhere to Jordanian building codes through a separate construction supervision contract.  Ensure that warranties and maintenance contracts specify a standard of quality.  Instruct designers to connect electricity and sewage systems. The design drawings should include all details related to these systems and their connections. 70 Recommendations for Architectural/Engineering and Construction Firms  Enhance the collaboration between the A/E and construction firm by holding a kick off meeting after award but before commencement of construction to ease addressing problems.  Adopt standards for design guidelines; this would avoid misinterpretation and loss of time in understanding design information.  Allow improvements in design to be made if problems are identified during the construction process so as to avoid design defects.  Increase the quality and rigor of supervision. MOPWH recommends that contracts include a specific lump sum amount for project managers, who will be interviewed by the Ministry at the tendering stage.  Take into account the safe engineering design for the emergency doors and exterior stairways, and the proper exploitation of space, in addition to isolating classrooms, adding external toilets facilities and moving the fire extinguisher tanks outside of the buildings to facilitate maintenance.  Conduct field visits prior to initiating the design.  Design firms should be encouraged to identify and locally purchase specified materials.  Build the capacity of A/E firms on green building and alternative energy.  Design specifications should include requirements for waste disposal and pedestrian safety.  Build capacity of A/E and construction firms to implement projects according to quality standards required by donors.  Environmental and aesthetic issues should be considered in the design phase.  Design should consider aeration, lighting, friendly structures for students with special needs, emergency cases, nurseries in girls’ schools, class rotation systems, playgrounds, and measures to minimize the potential for vandalism.  For the expansion projects, A/E firms should ensure that basic service infrastructure (electric, water, sewage) is aligned and connected with existing buildings.  Ensure that A/E firms adhere to designs (without deviations if not necessary and approved) and ensure better quality.  Ensure that A/E firms adhere to start and end dates.  A/E firms should conduct monthly visits during warranty periods to perform preventive maintenance. Actions to Address Identified Risks and Gaps The ESSA has developed measures that aim to address the identified gaps. All the proposed measures aim to minimize and/or mitigate the potential risks as well as enhance the social impacts of the Program. Mitigation Measures for Risks Related to Land Acquisition  Development of Procedures, Guidelines and Standard Operating Procedures: (i) develop Standard Operating Procedures for DCU and Land Acquisition Section before the start of the Program: it will include updating procedures for environmental and social management associated with the purchase of land and construction of schools to address gaps identified in the ESSA (environmental and social impact assessment, public information and consultation, grievance mechanisms, land compensation and handling resettlement); and (iii) Application by 71 DCU of applicable procedures for voluntary land donation as defined in Operational Manual: Procedures for voluntary land donation will be applied and implemented for all projects where the environmental and social review indicates that it will be necessary.  Training and Capacity Building on Land Acquisition: (i) Develop and implement training and capacity building plan on land acquisition issues, (ii) provide related training to the existing and new staff; (ii) provide training to other related staff (Directorates of Education, Projects Department, and Cadaster staff).  Grievance Redress Systems for Land Acquisition: (i) Establishing a grievance redress mechanism to handle complaints associated with land acquisition and resettlement, including an outline with the purpose, goals, scope, resolution approaches, structure, and specifics about how the grievance mechanism will function.  Monitoring and Reporting on Land Acquisition: (i) Strengthen the DCU’s capacity for environmental and social management and monitoring capacity, (ii) the reports provided by contractors to the DCU will include monitoring of complaints related to environmental and social management and monitoring of environment and social complaints including related to voluntary land donations. (iii) reporting on environmental and social criteria should be included in the Project Monitoring Reports produced by the DCU engineer or planner. Mitigation Measures to Strengthen Social Inclusion:  Physical school environment: (i) The Program will comply with technical designs that are adapted to children with disabilities and special needs which would include accessibility, lighting and classroom acoustics, including enforcing high standards in the provision of sanitation infrastructure that is gender appropriate (proportion of toilet facility, lighting and safe accessibility); (ii) the Program will comply with all World Bank safety standards during construction/expansion around project sites, and (iii) introduce measures to ensure children’s protection and safety during construction, particularly girls as workers are in the school during school time.  Safe School Environment: (i) Piloting of pro-social behavior activities at select schools to strengthen social cohesion, reduce violence between students, and reduce vandalism, tailoring the intervention to boys’ and girls’ needs; (ii) hiring of psychosocial staff for more schools, including the provision of psychosocial support services offered to children with special education needs (ii) provide continuous training to psychosocial counselors on violence prevention and social cohesion mechanisms in and around schools, and (iii) collaborate and expand UNICEF’s program on reporting violence/abuse at school level Ma’an focusing on teacher violence against children.  Strengthening transparency and accountability through the development and roll-out of a mobile app for monitoring and reporting on school environment. MOE will build on existing GIS and collaborate with the Communications/Media Department to develop mobile app for reporting on school supplies, teacher absenteeism, grievances, and bullying.  Systematically integrating gender mainstreaming efforts into MOE activities through (i) review and sensitization of teacher training material and training to reduce gender biases and stereotypes in teaching behaviors, (ii) develop of guidelines of classroom environment training in handling classroom (boys behave differently than girls), (iii) support to teachers of grades 1- 3, (mostly women), to ensure that both girls and boys have a safe learning environment, as well as (iv) assisting implementation of existing MOE Gender Strategy. 72  Disabled children and special needs: Conduct curriculum revisions in close coordination with the Higher Council of Disability and integrates sensitivity around the disabled and special needs children to ensure inclusiveness and reduce stereotyping in language and imaging.  Child Labor: (i) MOE to collaborate with MOL, MOSD, UNICEF, and NGOs to provide social protection subsidies targeting the poorest. (ii) Work with UNICEF to raise awareness about risks associated with child labor, and the benefits of education.  MOE Communications Strategy: (i) support the implementation of the MOE Communications Strategy on the outreach and awareness raising elements targeting the poor on (a) access to education, (b) benefits of schooling for girls and boys, (c) demystification of the impediments for Syrian refugees to register in schools, (d) reform around the Tawjihi examination system, (a long-lasting and sensitive issue for years which harshly penalizes 60% students who fail the exam every year).  Supporting Syrian Refugees: in collaboration with NGOs, support outreach and communication activities to raise awareness among regarding their rights, benefits of obtaining work permits, implications on humanitarian assistance, forced relocation to camps, which remain major barriers for families to apply for work permits and provision of clearer information for families and school management about education options for refugees. Jordan Ministry of Education school design and construction national standards are largely commensurate with international standards. Areas where there are systems gaps include: coordination between Ministry of Education and MOPWH, which leads to gaps in accountability; sophistication of Ministry of Education planning processes and accompanying information systems; and effective mechanisms for handover and operation and maintenance phases of schools. Jordan Ministry of Education school design and construction national standards are largely commensurate with international standards. Areas where there are systems gaps include: coordination between Ministry of Education and MOPWH, which leads to gaps in accountability; sophistication of Ministry of Education planning processes and accompanying information systems; and effective mechanisms for handover and operation and maintenance phases of schools. As much of the overcrowding of schools is in already-densely populated urban areas, environmental conditions associated with construction infilling is one area where the current guidelines for school design and construction need to be updated. Infill construction often results in: smaller, more complex school design; more complex construction methods; need for upgrading of existing utility connections in order to carry greater loads; greater potential for construction-related pedestrian and traffic accidents; and greater potential for noise and dust impact on adjoining properties. Rapid changes in composition of construction materials as well as changes in energy efficiency potential of alternative technologies should also prompt updating of the school design and national standards. Lastly, adoption of design features and construction materials which require less maintenance can partially mitigate systemic insufficient supervision of and funding for post- construction maintenance. Competitive private sector contracting of operational maintenance should be piloted and scaled up, as the Ministry of Education does not have the comparative advantage to provide such maintenance. 73 Thus, proposed elements of a Program Action Plan for environment include the following: a) Strengthening the capacity of the MOE in social and environmental impact assessments and land acquisition processes development of standard procedures and guidelines aligned with World Bank standards, and training to relevant staff and departments; b) Implementing a pro-social behavior pilot to improve school environment and minimize violence, integrating gender considerations and specificities in handling cases of violence; c) Updating of Jordan school construction standards to provide more specific detail on infill construction, durable (low-maintenance) construction materials, energy efficiency measures, and other design alternatives which can decrease post-construction maintenance costs; d) Improving the overall environmental and safety aspects in school through adapting more efficient maintenance arrangements at school level; e) Strengthening transparency and accountability through the development and roll-out of a mobile app for monitoring and reporting on school environment (GIS, Communications/Media Departments); and f) Enhancing the capacity of MOE staff and respective partners to mainstream gender in teacher training (KG-12 grade), and process of constructing and maintaining schools. 74 Center for Strategic Studies and International Labor Organization, Summary Report on Main Findings, National Child Labour Survey 2016 for Jordan, 2016. Education Sector Working Group (ESWG). Access to Education for Syrian Refugee Children and Youth in Jordan Host Communities Joint Education Needs Assessment (JENA) Report, March 2015. Hashemite Kingdom of Jordan, Ministry of Environment, Guidelines for Preparing Environmental Impact Assessments, October 2014. Human Rights Watch, Education for Children from Syria who live in Jordan, 2013. Jordan INGO Forum, “Walk the Talk� for the Jordan Compact Brief. Jordan Times articles (various news reports) Ministry of Education, Jordan, National Strategy for Human Resource Development 2016-2025. Questscope. Stakeholder’s Report, “A pilot impact and process study of empowerment based non- formal education for out-of-school youth in Amman, Jordan�, January 2011. UNICEF, Equity at Scale, for Vulnerable Children in Jordan, February 2017. UNICEF, Global Report on Out of School Children, 2013. UNICEF, Jordan Out of School, 2014. UNICEF Handout, Preventing Responding to Violence against Children. UNICEF, A Study on Early Marriage in Jordan, 2014.UNESCO, Jordan Education Sector Analysis, (ESA), Draft Report, February 2017. USAID/Jordan, School Construction Stakeholder Assessment Report, April 2015. USAID, Gender Gap in Student Achievement in Jordan Study Report, Monitoring and Evaluation Partnership Project (MEP), August 2014. USAID/Jordan, JSP: A Transformational Change: Evaluation of the Jordan School Construction and Rehabilitation Project, May 2013. USAID/Jordan, Jordan School Construction and Rehabilitation Project Environmental Assessment Report for Aqaba Schools, November 2007. World Bank, Republic of Lebanon Support to Reaching All Children with Education (RACE2) Environmental and Social Systems Assessment (ESSA), August 2016. World Bank, Jordan Educational Reform for the Knowledge Economy (ERfKE) I & II preparation and supervision reports, various. 75 Annex 2: Gender Analysis and Recommendations12 Background Over the past decade Jordan’s progress toward gender equality regressed as the country’s scoring on gender indices declined. In 2015 and 2016 Jordan ranked as one of the lowest 10 countries in the World Economic Forum Gender Gap report. Despite all the achievements in tackling gender inequalities, Jordanian women have one of the lowest economic participation rates in the world (not exceeding 15% in the past decade) and have limited political participation. Women’s education and health status have considerably improved to reflect a change of women’s conditions but not necessarily a change of social status or mindset towards their role and capacities. Women are yet to fulfill their citizenry potential as the legal, political, economic, social and cultural framework continues to discriminate against them. Even when legal measure to protect women and children are introduced the social and cultural practices, norms and perceptions continue to create barriers to their implementation. This endemic bias is deeply embedded in the social practice, behavior and expectations that are governed by patriarchal ideology and are enforced through socialization processes for both females and males. The educational system has a significant role in perpetuating gender biases and despite the commitment to promoting gender equality within the previous reform efforts, achievements have only been noted in terms of parity in enrollment. Gender issues within teaching methods, curricula, school environment and overall education system management are yet to be tackled effectively. Reinforcing gender stereotypes through teachers’ behavior, school environment, and school curricula contributes to the loss of human potential and opportunities to promote gender equality and equity. Economic stagnation and increased inflation along with poor educational system further exacerbates the crisis as rates of student drop out rises and child labor, early marriages and violence also increase. This paper outlines the gender issues within the education system and consists of two sections. Section 1 highlights the gender issues within the teaching methods, school environment, student attainment and curricula taking into consideration that the project will not address curricula issues. Section 2 presents the recommendations to advance gender mainstreaming in the Education Reform Support Program. Section1: Gender Issues A. Overview Commitment to promoting gender equality has not been translated to action: In 2010, and as part of the Education Reform for Knowledge Economy (ERFKE), the Ministry of Education (MOE) issued a “National Gender Mainstreaming Strategy� with support from the Canadian Government. The strategy focused on four components: institutionalization of gender mainstreaming, capacity building of the Ministry’s staff, strategic and annual planning and monitoring and evaluation. The strategy also noted that by 2014 all policies, programs and project at all levels will mainstream gender and that the structure of the ministry will be adjusted to facilitate these processes. No evaluation or review was conducted to assess the impact of the strategy and its achievements until date. Actions undertaken by the ministry to promote gender equality have been sporadic and dependent on the availability of donor funding. A gender unit was designated to support the implementation of the strategy but its financial and human 12 The analysis was conducted by Hala Ghosheh, Gender Equality Expert, Consultant for the Canadian Embassy, under the supervision of Mariana Felicio, Sr. Social Development Specialist, World Bank. 76 resources remain limited especially considering the scope of work at the Ministry 13. Most recently as well the Ministry has reviewed the strategy to incorporate and mainstream gender in the respective components. Jordan has relatively high rates of overall enrollment rates and the gender gap is in favor of girls: Commitment to promoting gender equality in the educational system is frequently associated with enrollment rates and parity. Primary school enrollment for girls and boys are almost equivalent to each other; however, enrollment rates in secondary education is in favor of girls, 88% compared to boys at 83%. The gap continues to tertiary education also in favor of girls. Correspondingly out of school boys of secondary level are higher than girls 26% compared to 16%14. Gap in education levels between girls and boys in Jordan is likely to create a crisis in the future if not examined thoroughly and addressed strategically. Drop out causes are attributed to multiple factors including socioeconomic background and school environment: Reasons for drop out have been attributed to not only social and familial conditions (e.g. multiple marriages and broken homes) but also the economic conditions of the family and learning environment in schools. Inadequate teacher accountability and qualification, lack of ownership of learning process and focus on rote learning have contributed to disengaging the students from the learning process. School attainment rates are lower for boys than girls and with the current economic situation families either encourage or force boys to drop out from schools to join the labor market. Drop out girls either remain to help at homes or are married at an early age. Incidence of violence towards children and among children (bullying), especially boys, is yet another factor that leads to low attainment and drop out. In some rural areas, drop out of secondary school is also associated with having limited access. The long distances required to reach the school, discourages families from continuing their children’s education especially girls whose mobility is su bject to social restrictions. Achievement in school is in favor of girls more than boys: A study on the difference in achievement in TIMSS, NafKE and PISA tests highlighted that girl’s achievement is higher than boys and although the differences vary, girls outperformed boys in all subjects. The difference between girls and boy’s achievement was more notable in public schools than private schools. Teachers and parents attributed the variance to the fact that girls are more devoted to studying and completing homework than boys, they also have higher aspirations, less absenteeism and repeating rates 15. There is a need to better understand these differences to mitigate the widening of gender gap between boys and girl’s achievement. Social conviction of the importance of early childhood education is still limited especially that KG classes are not easily accessible: Even though early education enhances the readiness of children to school and improves their opportunities in attaining better achievement, parents are still hesitant to register their children, both girls and boys, in KGs. Recent decision to make available KG classes in schooling system will expand the outreach and facilitate the enrollment of children. Programs to train KG teachers and to develop a child centered curricula will further encourage parents to register their children. Orienting KG teachers on gender issues needs further development, especially to encourage students to explore their potential irrespective of their sex. Girls and boys should have equal access to toys, experiences and learning opportunities without preconceived judgment. Differences in boys and girls’ school’s physical environment is evident: Atmosphere in girls’ schools is more pleasant than boys’ schools in terms of the cleanliness, organization and facilities. 13 Meeting with the Gender Unit at the Ministry – August 14th, 2017 14 World Economic Forum Global Gender Gap report 2016 15 Gender Gap in Student Achievement in Jordan – Study Report, August 2014, Education Reform for Knowledge Economy Program. 77 Difference in conditions is widely attributed to predisposed gender roles and behavioral expectations of girls and boys. Girls are encouraged, as part of the social norm, to maintain a clean and well organized school. Expectations of boys are different since this is not in line with gender roles and or behavioral expectation. Parental involvement in schools is limited: Parents involvement in schools and in particular in KG teaching is growing however, involvement has been limited to t mothers. Fathers are less involved in affairs relating to KG students and even in girls’ schools but they are more likely to engage in boys’ schools. The single sex schooling systems has dichotomized the responsibility of parents with regards to their off spring education. Most mothers tend to refrain from going to boys’ public schools to avoid any potentially labelling or ridiculing of their sons16. Influx of Syrian Refugees has burdened the education system and exposed its vulnerability: The influx of Syrian refugees since 2011 further advanced the challenges the educational system was facing. Because of the government commitment to absorb the Syrian children classroom crowding increased, schools started operating double shifts which exhausted the already fragile infrastructure, teachers were overburdened and resources depleted. Not to mention the increased tensions and violence among students because of social prejudices and intolerance. Both Syrian and Jordanian children reported incidents of violence against each other in schools. Actions to address such tensions have relied mostly on donor funded projects and initiatives. MOE has also established a surveying mechanism to monitor incidents of violence in schools and accordingly take appropriate measures to address them while protecting the children who report it. B. School Environment 1) Teachers and teaching methods Feminization of teaching profession: teaching is one of the preferred career choice for women (approximately 83% of teachers in primary schools are women 17). Men are less interested in teaching profession partly due to the low salary scale of teachers, the decline in value in teaching profession, the limited career opportunities and growth potential18. Female teachers also reported higher job satisfaction than their male counterparts and were more qualified to teach than their male counterparts. Female teachers also have better relations among each other and have less turnover rates than male teachers 19. Undoubtedly, interest and conditions of teachers affect the learning environment in the respective schools and action is needed to improve teachers’ conditions and relations to motivate them and redeem the value of teachers in society. Teaching methods continue to encourage rote learning: Becoming a teacher in Jordan does not require specialization. Someone with a degree in physics for example could be a teacher without certification. Thus, teachers are not necessarily equipped with the skill sets required to manage a classroom and promote children centered learning approaches. Moreover, the education system encourages rote learning. Even the recently reviewed curricula, which is supposed to encourage experiential learning, promotion of rights, group work, and skill based learning fell short from achieving the change. Insufficient incentives and training for the teachers, overcrowding in classrooms, double shifts in schools, limited ownership of teachers accompanied with the inadequate resources hindered the implementation of the new approach 20. It was also suggested that some of the introduced principles in 16 Reported by male students during discussions with Hala Ghosheh in 2015, 2016. 17 World Bank Data IBRD, IDA accessed September 6th 2017 18 Ibid, 2 19 Ibid, 2 20 Overflowing classrooms continue to battle illiteracy in Jordan, Questscope, 2013 78 relation to rights, tolerance and diversity reaped the reverse effects 21 because of existing biases among teachers and insufficient knowledge and skills to introduce them. Teacher’s own convictions about gender roles are imposed on students: Most teachers uphold the social convictions about gender roles and behavioral expectations of girls and boys. Accordingly, teachers’ attitudes, expectations and verbal instruction tend to reinforce the stereotypical behaviors. Girls in schools are encouraged to be submissive, disciplined and organized. Any other behavior is considered “boyish� and dismissed as such. Boys on the other hand tend to be le ss controlled, treated more roughly and frequently punished to “toughen them up�. Boys are also stigmatized if they cry or complain as this behavior is considered “girlish22�. The labelling of students and imposed restrictions on their behavior and or aspirations further endorses the gender dichotomy of roles, expectations and division of labor. Classroom training course addresses student behavior in a gender-neutral manner: Teacher training courses provide generic instructions and guidelines in handling classroom behavior although boys behavior differs from girls. The course discusses developmental stages of growth and behavior of age groups with little attribution of gender variances in terms of interests, aspiration and expectations as well as roles. Teachers of grades 1-3, mostly women, also require additional support in managing mixed classrooms to ensure that both girls and boys have a safe learning environment. Teachers are not undergoing gender trainings: Discussions with teachers on gender issues in classrooms, for girls and boys, tend to be generic and as part of the “characteristics of age group� discussion. Teacher’s initial or continuous trainings do not inc lude a gender component nor do they highlight gender issues. Although teachers recognize gender specific concerns, strategies to deal with them and understanding their role in reinforcing gender stereotypes are yet to be addressed. Teacher guides to the curricula also fall short from providing the instructional aspects of managing a discussion on rights issues, including women and child rights, tolerance and women’s economic and public participation etc. Discussions of these issues are frequently left to the discretion of the teachers who are likely to endorse the social perspective and expectation instead of challenging it 23. 2) Safety and protection Violence in schools is a major deterrent to continuing education: Even though the law prohibits corporate punishment in Jordanian schools, approximately 11% of school children reported experiencing corporate punishment from teachers while 18% reported experiencing some form of verbal violence against them24. Scope and nature of violence in girls’ schools differs than that of boys. Boys tend to experience more physical violence while girls experience more verbal violence 25 Bullying and corporal punishment are both factors in lowering student achievement and demotivating students to continue their studies. MOE is taking measures to monitor and address cases of violence, but the efforts remain partial compared to the scale of the problem. Both the contextual setting and wars surrounding Jordan and the general acceptance by caregivers of corporate punishment as a form of disciplinary measure fuels the tension and violence in schools. The social image that defines masculinity in conjunction with being “macho� and brave triggers violence among boys: Boys are encouraged to demonstrate their masculinity by living to the 21 Breaking through Glass Doors: A Gender Analysis of Womenomics in Jordanian National Curriculum, Center for Universal Education 2014 22 Observations from discussion with youth and children during community meetings and gender discussions conducted by Hala Ghosheh, during 2015 and 2016 23 Ibid, 6 24 Preventing & Responding To Violence Against Children In Jordan, UNICEF 25 Observations from discussions with teachers during meetings with Hala Ghosheh in 2015 and 2016. 79 expectations of being brave, confrontational and tough. Some male teachers, reinforce the stereotype through using verbal and physical punishment to “toughen� the students. Some teachers blamed the increased violence among students, particularly in boys schools, to the stricter implementation of the law that restricts their actions, taking into consideration that not all the teachers received the necessary training that equips to revolve conflict amiably26. The lack of safe environment at schools has contributed to increasing the number of drop outs especially for boys. School counselors are not available in all the schools and when they are many of them are not adequately trained to address cases of violence: Counselors are not trained sufficiently on conflict resolution and promoting positive student behavior. Both teachers and parents have voiced their concern about the role of the counselor and their ability to address cases of violence either at school or that originates domestically. Managing cases in girls’ schools may differ than boy schools which requires targeted gender training for counselors. C. Physical environment Schools are not always accessible for secondary students: Not all remote areas have accessible schools to them. Distance to schools, especially secondary schools, is a factor that contributes to drop out rate of girls and boys. Social restrictions on mobility for girls lead many families to withdraw their daughters after completing their primary education. Schools are not accessible nor friendly for children with disabilities : Majority of schools do not encourage the integration of children with disability. Buildings are most commonly inaccessible or ill- equipped to facilitate the mobility and integration of children with disabilities. Recently build schools are more likely to accommodate for the integration of children with disability but even then, stigmatization, bullying and labeling generate an un- friendly environment for children with disabilities. Girls with disability are subject to more discrimination, abuse and violence because of their sex on the one hand and their disability on the other. School facilities are insufficient and or inappropriate for the needs of the students: communities and children are not always consulted in the design of new schools, and as such details that affect the school environment and operation are overlooked. A study conducted in the northern governorate of Mafraq noted that “27% of schools had poor infrastructure (i.e. lack of basic toilet facilities, running water, heating/cooling facilities, library, lab, etc) 27�. Although the study does not indicate any gender gaps with this regard, other reports indicate that the facilities in girls’ school may need to be adapted to suite the environment they are in. Girls will not be able to play and enjoy sports and games if the fence is low and or transparent. Girls bathroom facilities need to be closer to the school with protected entrance and sufficient numbers of toilets. Maintenance and cleanliness of facilities also become an issue for girls’ and boys’ schools. D. Gender issues relating to curricula The school curricula tend to reinforce gender roles and limit women ’s advancement and empowerment: Despite the most recent modifications of the curricula, reviews have concluded that the school text books tend to reinforce gender division of labor, ideological messages of women 26 Improving learning environments in Jordanian public schools Education for the Future Lessons from school visits and community dialogue in Northern Jordan Svein Erik Stave, Åge A. Tiltnes, Zainab Khalil and Jalal Husseini, Fafo and Norwegian Embassy and ARDD. 27 Improving learning environments in Jordanian public schools Education for the Future Lessons from school visits and community dialogue in Northern Jordan Svein Erik Stave, Åge A. Tiltnes, Zainab Khalil and Jalal Husseini, Fafo and Norwegian Embassy and ARDD. 80 dependency on men. Women are hardly portrayed as economically active citizens in the curricula’s and even when they are they are not in leadership positions but rather subordinate to men. Teaching profession continues to be the most common portrayed profession for women while men are represented in entrepreneurial roles. Reproductive roles are highlighted for women while men are portrayed as the breadwinners and decision makers. These images, whether direct or indirect contribute to reinforcing the ideological messages about acceptable behavior for men and women. It also directs and limits girls’ and boys’ future aspirations and career options. Girls are directed towards becoming homemakers while boys are the decision makers and breadwinners. Women are hardly represented in technical committees for curricula development: Although women are well represented as authors of curricula (74 women compared of 118 men) they are hardly represented in the technical committees, and decision making bodies that reviews and eventually approves the text books28. Changes to the curricula is subject to the different level of reviews and eventually Higher Education Council approval. All review and approval committees fall short from having gender expertize and or even advisors which implies that the curricula content may be gender insensitive, negative and or neutral at the end. E. Gender equality at the MOE 1. National Gender Mainstreaming strategy for MOE was not fulfilled: Targets to mainstream gender within the MOE was set for 2014, however it is apparent that the targets were not fulfilled and the implementation of the strategy was overambitious. Lack of resources, both human and financial, hindered the process especially considering other competing priorities. Ministry of education is one of the largest employer of women in Jordan. Leadership positions though are most commonly filled by men and women participation is limited to middle management positions. Voices of women continue to be marginalized even though they constitute a considerable percentage of the workforce and beneficiaries 2. Actions and recommendations to address gender gaps are sporadic and incoherent: Gender issues are either being addressed through donor funded projects and/ or are assumed to be addressed through the more strategic reform process. However, failing to highlight and incorporate gender analysis in mainstream solutions may lead to overlooking issues that affect the outcome. Strategic and policy actions are required for different components at the Ministry to address gender issues. The current gender unit is under- resourced to tackle the scope of issues and to even build a network of gender equality advocates in the different departments of the Ministry. Section 2: Recommendations Gender issues within the educational system are multifaceted and integral to the ministries overall operation. While it is important to directly address gender gaps, whether in favor of boys or girls, it is also vital at this stage of the reform process to commit to promoting gender equality strategically and coherently in all aspects of its operation. Accordingly, it is suggested that while gender equality is a cross – cutting theme to program components additional activities are conducted to enhance the MOE capacity and knowledge to promote gender equality through dedicated activities for gender. It is proposed that the program focuses on:  Enhancing the capacity of MOE staff and respective partners to mainstream gender in teacher training (KG-12 grade), and process of constructing and maintaining schools. 28 Ibid 6 81 Supporting the ministry to assume a more pivotal role in advancing gender equality by identifying and addressing gender gaps in school environment, student achievement. It is also recommended to hire a Senior Gender Advisor who will support the program in gender mainstreaming and addressing gender issues. The position can be on part time basis for the project duration but with decreasing proportion as the Gender Unit and Ministry assumes the designated roles. Would recommend 40% first and 2 nd year; 25% 3rd year and 20% every year after. The advisor responsibilities would comprise of: (i) supporting the ministry in identifying gender sensitive approaches to meeting the program objectives and indicator’s, (ii) developing a gender action plan for the program, and (iii) developing the gender sensitization systems for policies, frameworks and activities. Result Service – Training Resources Total for project Result 1+ 2: 1st year: to deliver a Consultant: Daily 24,500 JD Teacher Training series of training for rate: 350JD/Day (consultancy costs) MOE and QRTA29 trainers and respective 1st year: 30 days 18,000 JD (training responsible staff on 2nd year: 30 days costs) gender sensitizing 3rd year: 10 days material and trainings. Cost of trainings and nd 2 year: to sensitize the gatherings: classroom management course to cope with 1st year: 12000 gender related issues. 2nd year: 6000 Develop gender sensitive monitoring and evaluation system for teacher training courses and classroom performance. Analyze proposed ECE related PPP initiatives from a gender perspective to ensure equal access and benefit for boys and girls Sensitize awareness campaigns for promoting enrollment in ECE to fathers and mothers Result 2: Improved 1st year: Review Consultancy: 7,350 JD teaching and differences in girls and 350 JD/Day 29 Queen Rania Training Academy – provides principle/teacher advanced leadership training along with MOE training centers. 82 learning boys school practices in environment maintenance of schools. 1st year: 15 days Identify positive practices and support their 2nd year: 20 days adoption and scaling up 2nd year: Develop guidelines for sensitizing school maintenance construction approach – orient MOE team on issues relating to creating friendly environments Gender sensitize model and approach to promoting positive behavior in schools and define gender gaps to handle them Result 3: 1st year: outline analysis Consultancy: 3850 JD Strengthened reports that will identify 350 JD / Day student assessment potential differences in system attainments and 1st year: 5 days performance of girls and boys in schools Years to follow: 2 days / year Years to follow: coach gender unit to monitor reporting and asses gender gaps Result 4: Gender 1st year: develop and Consultant: 350/JD 27,500 JD Mainstreaming – deliver a series of per day Management training courses for selected MOE staff Cost of trainings and (including directorate gatherings: representatives) and gender committee and 1st year: 10000 unit to institute Consultancy costs: knowledge and skills on 17,500 (total of 50 mainstreaming gender days for 5 years) perspective into Ministry operation and service Cost of meetings delivery (technical and not theoretical training) Throughout the program: coach the gender unit to 83 assume the gender mainstreaming and analysis role in all program aspects Grand Total 81,200 JD Additional support to program activities as needed 40,000 Total 121,200 84 Annex 3– SUMMARY OF CONSULTATIONS Jordan Education Reform Support Program for Results Consultations with Stakeholders A consultation meeting was held on September 20, 2017 in Amman, at The Hyatt Hotel to present the Jordan Education Reform Project and discuss the ESSA findings. The Consultation brought together over 80 stakeholders and included the Ministry of Education (Communications Affairs, Land Acquisition Departments, Maintenance and Planning, Gender Divisions, Counseling and Early Childhood Divisions, etc.), Heads of Field Directorates, Ministry of Social Development, Ministry of Public Works and Housing, Ministry of Planning and International Cooperation, beneficiary schools, parents, teachers, students, donors, partners (UNICEF, etc.), international and local NGOs working in the education sector. Issues presented: The consultation session was divided in four parts (see agenda). The first part included a presentation on the proposed Strategy of the Ministry of Education. The second was to present the proposed Program for Results and Program boundaries. The third part consisted of a presentation of the social and environmental impacts and the proposed mitigation measures by the World Bank. The fourth part was dedicated to questions and answers. Many of the issues raised were comments and suggestions, rather than clarification questions. The below table summarizes the issues raised during the consultation: Program for Results Questions and/or Comments Answers The document distributed prior to the Consultation was the ESSA, not the program document therefore the language in the Reference to social risks have to be translated document is framed through the social and into education terms (in reference to the ESSA) environmental risk lens. Social and environmental issues interact with each other and cannot be separated. The ESSA is essential before conducting any project. The program will finance rehabilitation and Why is the loan for $200m if the focus is expansion (addition) of new KGs classes, as primarily on O&M well as O&M, and assessment enhancements How well the new Ministry of Education The SDGs were one of the main pillars that Strategy is aligned with the SDGs? were used to develop the new Strategy The EU supports the construction of new schools for the disabled The Ministry will be abiding by the new law on How well does the proposed MOE strategy Persons with Disabilities to integrate them align with the Disabilities strategy? within normal schools during the coming ten years (project with UNICEF to select two pilot schools) The National Center for Human Resource Partnership with the NCHRD will continue Development wants to continue carrying out the during the new PforR same role as they did during ERfKE 1 & 2 Schools do not have the same quality of Focus will be given to training teachers to teachers; students are only asked to memorize enhance their role as “facilitators� 85 material in order to pass the Tawjihi exam. The issue of overcrowding is a big issue but more needs to be done to ensure a good caliber of teachers (from student) Gender stereotyping through the curriculum and The Strategy does cover gender issues but can teaching methods needs to be tackled. Does the further highlight these Ministry of Education Strategy take this into account? Secondary schools face many physical Overcrowding is well recognized and that’s challenges that affect learning. Teachers suffer why there is a plan of addition of 600 new so much with the heat, being in small rooms, schools over the next ten years and the lack of A/C. The schools are overcrowded and the teachers need to deal with a lot of external issues, in addition to teaching. There is a need to discipline the students (teacher’s perspective) There are programs that teachers are invited to Same as above but they are overloaded with work and cannot focus and attend. Teachers have a good sense of what can be achieved with students and where the problems are. (teacher) What kind of education can be provided in very Same as above cold or hot environment and in double-shift schools? Important to build on gender issues and move The problem is known beyond disaggregating data. There is also a rural/urban divide; there are schools from rural areas that don’t get a single pass for Tawjihi Yes, the proposed Program financed by the WB The proposed Program does not include any will not address vocational training, however interventions on vocational training; the MOE strategy does include vocational training and partnership with the private sector 2007-2015 Strategy of Persons with Disabilities This is already in the Strategy should have been considered and consulted as one of the main pillars of the Startegy of the Ministry of Education. Access to children with disabilities needs to be improved. Cleanliness of schools and maintenance needs One alternative is that committees be formed at to be addressed, one alternative is through the school level to manage O&M private providers Want to promote education and solve it. Things Problem acknowledged and the Ministry is that should be changed include the curriculum introducing progressively new methods of and its implementation, innovation, teaching teaching and learning methods to enable students to understand materials taught, shift from theoretical teaching to application, (ie., provide computer labs) (student) A new Land Acquisition Law has been prepared The team will look into the new Land and is in the Parliament for review and Acquisition Law, however, in terms of the approval. analysis and the risks raised, the current Law is 86 the one that is effective and under implementation thus the issues are raised vis-a- vis this Law Part of the World Bank’s due diligence is to identify potential environmental and social Some classification of risks seem exaggerated, risks; this does not disable the Program from for example those documenting vulnerability, proceeding, and some, such as vulnerability issues with Syrian refugees and bullying in risks, are broader contextual risks which are schools already present, prior to the Program’s implementation. The ESSA identifies the issue of land acquisition as a “Substantial� risk, not a “High� risk for the Program, due to the limited Land availability is not a high risk, and with availability of land in some parts of Jordan. decentralization it will be handled locally. The The ESSA recommends that standardized execution history of land acquisition in Jordan processes and guidelines be put in place to is not bad, (ie. Palestinian camps) manage this process in a way that is aligned with World Bank environmental and social principles. Some of the risks related to the Program are not The ESSA refers to these as contextual and only limited to the education sector, this should broader social risks, but will further clarify in be stated the revised version The Ministry of Education has received mixed The team is surprised that the World Bank messages about the need for staff on land would recommend trimming some departments acquisition; in the past they were advised to get (currently there is only one staff in the Land rid of staff, and now one of the Acquisition Section). The team will verify this recommendations is to increase it to reconfirm. There are clear potential environmental risks The World Bank is in agreement that associated with overcrowding, and the pressure overcrowding puts pressure on utilities and that is put on utilities in schools, and addition of other services, and also suggests the new schools and classrooms. There should be introduction of greener technologies in the more of a focus on recycling, etc.; use of school school. media to disseminate information on effects of education Ministry of Social Development’s standards on The poor quality of existing standards will be the establishment of new KGs are poorly flagged developed; 53% of the KGs are in government schools Risks are not only about child labor but the Addressing high school drop outs, most of issue of juveniles and drop outs is important and which are boys, needs to be addressed and will need be addressed; 2,000 youth are begging in be incorporated in the revised ESSA the streets and 65,000 juveniles The World Bank is aware that the Decentralization Law has recently been voted The Government of Jordan is moving towards on however it is not effective and under decentralization therefore the assessment should implementation yet therefore, the assessment be done at the Governorate level for this Program has been conducted based on the current situation and may be updated and adjusted during implementation There is a new law to be discussed in The team will look into the new Land 87 Parliament called the Real Estate Law which Acquisition Law, however, in terms of the will affect the Land Acquisition Law analysis and the risks raised, the current Law is the one that is effective and under implementation thus the issues are raised vis-a- vis this Law There is a standard for children friendly schools financed by UNICEF, this needs to be replicated and stated in the assessment Ministry of Social Development’s challenges A review of the existing regulatory framework regarding children drop-outs could be addressed in regards to children is already part of the by the Ministry of Education, need to create ESSA rights of children The Assessment that was shared is the Environmental and Social Systems Assessment, There is no mention of economic risks – this is which covers these aspects. There are other missing from the analysis assessments that have been prepared, but have not been publicly shared which do comprise of an economic analysis so this has been done. The Ministry of Education only deals with KGs The team will clarify that are ages 4+ years, this needs to be clarified in the documents There are some risks which are as well in the The identified risks are aligned with the National Strategy national strategy In terms of the densification of schools, the GIS system which has been supported by UNESCO will try to find the best locations for the schools There is a collaboration between Early The Project will coordinate to avoid overlap Childhood Education, Ministry of Social Development, Ministry of Education and Ministry of Labor to evaluate the establishment of new KGs and to rehabilitate schools for $4.5 million The proposed Program will also construct new The proposed Program focuses more on schools and classrooms however the focus is on Operations and Maintenance and ERfKE had a achieving results and this part of the Program is separate component for building schools. Why part of the expanded access to Early Childhood this difference? Education results area. The land acquisition issue will be supported by the new GIS to identify the best areas for locating schools A key issue that Jordan is facing is the increase Impacts of the crisis are well acknowledged of Syrian refugees The new Human Resources Development This should be in line with the new Strategy proposes the transfer of staff from the decentralization law center to the field The World Bank has not really focused on The ESSA does integrate measures to gender issues mainstream gender in the Program design The Program should also identify internal risks of the Program and should establish a Risk Department at the Ministry of Education; the 88 Ministry of Education should raise awareness within the Ministry about the Program A database tracking O&M needs should be We would encourage that established Regarding risks associated with land and The ESSA will ensure to integrate this point environment, the workers, teachers and students may be at risk during the renovation and rehabilitation phases, not only during construction Cultural sites may be impacted (archeological The ESSA will incorporate this sites) therefore this should also be reflected in recommendation ESSA. The biggest issue schools face are maintenance The ESSA will ensure to integrate this issues; this is costly and the principals should focus on this. The tenders are always late in developing their works. The preferred approach is to avoid land acquisition, and to use government land. If this is not possible, and if private land cannot be Land acquisition can be avoided; people do not purchased, the government may need to resort want to be compensated. to land acquisition. In this case, the World Bank wants to put systems in place to ensure that this process is implemented following the World Bank principles. Summary of consultation: There was unanimity that greater resources need to be invested in the education sector, thus the proposed program was widely recognized and supported. The need for construction of new schools, and investment in O&M were raised repeatedly throughout the consultation. The need for improved teaching methods was also raised by several students attending the consultation. The consultation revealed a positive feedback from the participants and emphasized on following up the below concerns:  The consultation revealed some confusion about the proposed Program and MOE Strategy amongst the MOE staff.  Greater clarity needed about the proposed Program components further, including the extent of construction expected of new schools and additional classrooms  Clarify roles and responsibilities between Ministry of Social Development and Ministry of Education (including the age range – 4.8 years and above – that the proposed Program will finance)  Further communicate the proposed Program’s objectives, targets, and results areas  Gain clarity on the recommendations previously provided by the World Bank regarding the Land Acquisition Section, and whether this contradicts current advice.  Provide greater clarity on how gender sensitivity will be reflected in Program design and spelled out in the Ministry of Education’s strategy. 89 Education Sector Reform Program Public Consultations onThe Environmental and Social Assessment September 20th, 2017 Amman- Jordan Timing Subject 9:30 – 10:00 Registration and Coffee 10:00- 10:10 Opening by HE Dr. Omar Razzaz, Minister of Education, Ministry of Education (MOE) 10:10-10:30 Presentation on the Strategy of the Ministry of Education, Dr. Youssef Abu-al- Sha’ar, Head of Educational Development Division 10:30- 10:45 Presentation of the proposed Program for Results (PforR)- Education Reform Support Program by MOE, Mr. Fawaz Al-Hammouri, M&E Officer for the Development and Coordination Unit 10:45- 11:15 Questions and Answers on Ministry of Education Program 11:15- 11:45 Presentation on the Environmental and Social Systems Assessment (ESSA) by the World Bank, Mariana Felicio, Sr. Social Development Specialist and Ghada Shaqour, Sr. Operations Consultant 11:45-12:15 Questions and Answers on ESSA 12:15-13:00 Open discussion 13:00- 2:30 Lunch 5 90 List of Participants: The consultation attendees represented the following main affiliations (the list of workshop participants is available below as is photographic documentation of the meeting). # Name Organization Job title Ghadeer Al-Harith HCD Policies Manager 1. Lubna Al-Ajlouni HCD Policies Manager 2. Kathrine Stniger DAD Head of Education 3. Hala Al-Shath UNOPS Partnerships Officer 4. Mohammed Hassan MOE Manager 5. Luna Obeidat MOP Researcher 6. Ilene Omondi UNHCR Education Officer 7. Kefa Akroush MOE Head of Gender Division 8. Maen Al-Mouwani MOE Supervision & Training Manager 9. Khattab Abu-Lebdah National Center Researcher 10. Eng. Ahmed MOE Maintenance Manager 11. Nahoko Arakz JEN Sr. Program Officer 12. Mai Shalal JEN Eng. 13. Hafs Mahmoud MOE Manager of Development Policies 14. Alia Garradat MOE Disability Manager 15. Sabah Hanandeh MOE School Manager 16. 91 Nesreen Mohammed MOE Teacher 17. Mona Marawan MOE Student 18. Maher Abdelrahim MOPIC Head of WB & UN Agencies 19. Alaa Al-Kadi JEN Program Offier 20. Yasser Saleh MOE Research Department 21. Rabee Mahmoud MOE Admin 22. Shoura … … First Secretary 23. Cheshire Pager USAID Education Director 24. Farid Al-Khateeb MOE Unit Manager 25. Duaa Al-Salah MOE Secretary 26. Naser Al-Nadi MOE Finance Officer 27. Balsam Al-Maaitah MOE … 28. Manal Shalan MOE Department Member 29. Sahar Sulieman MOE Department Head 30. Nazih Banndak GAC Regional Evn. Advisor 31. Rashid Abdellat MOE School Manager 32. Sumayya Abu- UNESCO Project Officer 33. Hamdieh Ashraf Al-Sakkareny MOE Teacher 34. 92 Ibrahim Ahmed MOE Student 35. Belal Essam MOE Manager 36. Rashed Mohammed MOE Student 37. Hussien Al-Shara MOE District Manager 38. Abd-Alkarim … Parental Council 39. Bashar Maany MOE Student 40. Sawsan Aruri KFW Deputy Director 41. Chris Shephard USAID Education officer 42. Zainab MOE Department Manager 43. Saleh Al-Shalileh … … 44. Zayed … … 45. Alia Al-Obaidat MOE Manager 46. Fawaz … Minister Advisor 47. Bahaa Tahboub MOE IT Manager 48. Ruba Omari MOE GRC Director 49. Ali Momni MOE … 50. Hala Ghosleh … Consultant 51. Hesham Abu-Hasanah MOE Budgeting Dept. Manager 52. Tarek Al-Areed MOE Teacher 53. 93 Soliman Ahmed … Parent 54. Anas Al-Khatib MOE Teacher 55. 6 Refaat Al-Rasny MOE School Manager 56. Melle Nordstrand Unicef Chief of Education 57. Rom Kauer Unicef Education Specialist 58. Murad Abu MOE Internal Validator 59. Maie Stunn … Head of Cooperation 60. Ahmed Obaidat Ministry of Env. Undersecretary 61. Ali Salem MOE Manager 62. Abdallah Al-Zboon MOE Media Manager 63. Abeer Salhi Consult Us Business Development 64. Job Arls EN Del Program Manager 65. 94 Photos from the consultation 95 Annex 4 - Field Visits and Key Findings School visits (September 7th, 2017): The team conducted visits to three schools in Amman on September 7, 2017. The main findings of the visit confirmed the following: overcrowding of schools, lack of space, serious shortage in sanitary facilities, poor quality of existing facilities, and high rate of students’ violence. The visited schools are namely: i. Al Mzayer Comprehensive Co- Secondary School for Girls ii. Abdelateef Abdeen Secondary School for Boys iii. Arwa Bint Abdel Mutaleb Co- Secondary School for Girls Summary: The overcrowding in classes was very visual (40 to 60 students) and all visited schools are receiving a huge number of students more than the schools can accommodate. Schools are applying the double- shifting system. The majority of students are Jordanian but there are other nationalities: Syrians, Iraqis, Egyptians, etc. Two schools receive more than a thousand students in each shift (Abdelateef Abdeen and Arwa Bint Abdel Mutaleb). All of these schools at some point were forced to give up part of their existing facilities (library, laboratory, vocational training room, computer lab) to create additional class rooms to be able to receive the ever growing number of students. Al Mzayer School even had to give up their kindergarten to provide additional space for new students. Two schools are very old (Abdelateef Abdeen: 1920 and Arwa Bint Abdelmutaleb: 1973) and one is quite new (Al Mzayer: 2000). All of the three schools have cases of people with disabilities (students with wheel chair, autism, blindness, mild mental retardation, etc.) some of these cases do not belong to normal schools like students with blindness but the school had to receive them because the specialized institutions refused to receive them. The three schools are facing very serious and concerning shortage in regards to the number of existing sanitary facilities (bathrooms). The students-bathrooms ratio is very concerning (almost one bathroom for 150 students) and in all visited school students are even using teachers’ bathrooms. Furthermore, the schools’ principles confirmed that the quality of old buildings is higher than the new built schools because of proper specifications, while there are no much differences in the design of boy and girl schools except for certain services (bathrooms and early childhood education facilities). All three schools have Educational Counselors who are very engaged in the school life and work very closely with management, teachers, students and parents. All schools have certain activities to enhance the learning environment as well as engaging students in their school: they all follow a specific yearly plan including activities, wall magazines, school radio, Students’ Council, Students’ Parliament, and several committees for activities (sport, culture, science, environmental, etc.) All problems stemming from students and teachers are being resolved and dealt with within the school. No complaints are being presented to the Ministry. Hitting of 96 students is completely prohibited and discipline practices are mainly counseling, parents meeting, behavioral change through activities, etc. Nevertheless, two of the three visited schools are facing serious situation of violence between students (students hitting each other at Abdelateef Abdeen and Arwa Bint Abdelmutaleb). The reasons behind this high rate of students’ violence are: lack of respect for school and management, rivalry between students (boys), students with very disturbed social background (separated and divorced parents), etc. The new principal of one of the two schools had to install surveillance cameras system which helped to reduce violence between boys significantly. Challenges and Findings: All of the three schools are facing the following challenges: 1.Overcrowding in the schools because of the huge number of students and lack of required space; 2.Inability to serve all children of school age within the school vicinity because of lack of needed space. The visited schools are even covering wider geographical areas more than they should because of lack of school in the area; 3.Shortage of financial resources to conduct basic maintenance and activities. The main source of finance is the students’ contributions collected by the Ministry and re-distributed to the schools around the Kingdom on yearly basis. However, some of the schools do not receive their allocation in every year; 4.Serious shortage of sanitary facilities (bathrooms); 5.Poor quality of existing facilities and lack of learning and teaching instruments; 6.High rate of school violence (violence between students); 7.More strengthened role of the Ministry is needed in the field; 8.Problem of different ages using the same facilities and furniture in one school because of the double-shift system; 9.Lack of students’ courtyards within the school; and 10. Lack of maintenance and cleaning staff. 97