December 2017 Overview of Status of Implementation of ongoing Management Action Plans Prepared in Response to Inspection Panel Investigation Reports # PROJECT LATEST PROGRESS REPORT1 NEXT PROGRESS REPORT DUE 1 Uganda – Private Power 6th progress report, 7th progress report, Generation Project (Bujagali) February 2017 February 2018 (IPN Case #44) 2 Albania – Integrated Coastal 4rd progress report, Final Note upon Zone Management and January 2012 completion of all court Clean-Up Project proceedings in Albania (IPN Case #47) (no predictable timeline) 3 Ethiopia – Promoting Basic 2nd progress report, 3rd progress report, Services Program, Phase 3 February 2017 February 2018 (PBS 3) (IPN Case #82) 4 Nepal – Power Development 2nd progress report, 3rd progress report Project August 2017 August 2018 (IPN Case #90) 5 India – Vishnugad Pipalkoti 3rd progress report, 4th progress report, Hydro Electric Project November 2017 November 2018 (IPN Case #81) 6 Kenya – Electricity Status update in Addendum to 2nd progress report, Expansion Project Management Report and February 2018 (IPN Case #97) Recommendation, November 2016 7 Uganda – Transport Sector 1st progress report, 2nd progress report, Development project (IPN March 2017 March 2018 Case #98) 1 Reporting intervals may vary according to the Board’s specific request at the time of Action Plan approval. 1 Inspection Panel – Management Action Plans – Status Overview 1. Uganda – Private Power Generation Project (Bujagali) Sixth Progress Report on the implementation of Management’s Action Plan in response to the Inspection Panel Investigation Report (#44977-UG) on the Republic of Uganda Private Power Generation (Bujagali) Project (IDA Guarantee No. B0130-UG), February 21, 2017 DETAILED STATUS OF ACTIVITIES IN THE MAP Issues Actions (Initial Status Commitment) MAP General Institutional Management will follow up Capacity on:  Establishment of a Completed. The Committee was established in January Project Monitoring 2009 and met on a bi-monthly basis to monitor Project Committee (Inter Agency activities. The Joint Lenders’ Supervision Mission of Coordination November 2011 confirmed the satisfactory performance of Committee); and the two committees that were established to facilitate coordination at inter-agency and sub-national levels.  Strengthening of Completed. BEL hired four new staff in the ESU and capacities of BEL ESU. increased its on-site training and monitoring of the CDAP. Several environmental and social safeguards training sessions were held during the period 2010-2012. Guidance on  Management will Completed. The Interim Guidelines for Addressing Legacy Environmental develop guidance on how Issues in World Bank Projects were completed and and Social to address environmental disclosed in 2009. Safeguards Issues and social safeguards in Legacy issues in legacy projects Projects that suffer significant interruptions in implementation. Social Impact Assessment and Mitigation Measures Vulnerable  Management will follow Completed. BEL completed all activities as outlined in the Groups (OP4.12) up on BEL’s programs, Social and Environmental Action Plan community with timetable and designed programs for vulnerable and at-risk groups. targeted activities, to Management reviewed BEL’s activities/programs and address needs of assessed them as satisfactory. vulnerable groups. Cultural and Spiritual Values Physical Cultural  Management will follow Completed. The CPMP was disclosed in country and in Resources and up on GoU commitments the Bank’s InfoShop in August 2010. Ceremonies for the Cultural Property to ensure that the Bujagali spirits relocation site and the accompanying Management Plan required capacities and appeasement ceremonies were completed in 2011. (OP4.11) resources are in place for the Government – coordinated by the MEMD, and including Local Councils – to update and implement the CPMP, which was part of the 2002 RCDAP by June 2009; and  BEL will update the EPC Completed. Management assessed monitoring and Contractor’s Code of reporting by BEL of the CPMP, including the EPC 2 Inspection Panel – Management Action Plans – Status Overview Issues Actions (Initial Status Commitment) Practice (which is Contractor’s Code of Practice for “chance find� covered in the 2007 procedures, and found them to be satisfactory. CPMP developed by the Contractor) to include “chance find� procedures. Environmental Assessment and Mitigation Measures Independent  BEL will review the Completed. Management confirmed that PoE reports are Panel of Experts Environment and Social filed and publicly available on BEL’s website. (OP4.01 and Independent Panel of OP13.05) Experts (PoE) reports and disclose them by end-2008. Ongoing Supervision Activities General Management will follow up on:  Coordination Completed. The GoU has established a coordination and arrangements of the oversight structure led by a high level Steering Committee MEMD Project Inter- that has been functional since September 2008. The Agency Coordination structure includes a multi-stakeholder Bujagali Monitoring Committee; and Committee.  The NFA implementation Completed. Capacity development measures have been capacity for the SMP for undertaken for the National Environment Management the Kalagala Falls Site Authority and NFA, and field-based training programs will and Mabira Central be continued. Forest Reserve. Social Impact Assessment and Mitigation Measures Remedial Steps Management will ensure that: for Updating and  Findings from the socio- Completed. The socio-economic survey, which was Completion of economic survey (which reported in the Assessment of Past Resettlement Activities Baseline Socio- will be completed by and Action Plan (2004), was updated twice (December Economic March 2009) are 2010 and November 2011) using a follow up socio- Information integrated into the CDAP economic survey. The results of the surveys were reported (OP4.12) by BEL in its design of and disclosed on the Project’s website, where the general subproject activities; outcome indicated an improvement in incomes and access to livelihood options. The survey results were integrated into CDAP design of subproject activities.  Above findings are Completed. Indicators of socio-economic impacts reported in BEL’s measured and reported in the Quarterly Environment and Quarterly Environment Social Monitoring Report (QESMR) using updated survey and Social Monitoring; data on household income and livelihoods. On-the-job training for new BEL staff on monitoring and evaluating impacts continues. A specific technical officer at BEL has now been given an extra task of follow-up monitoring and evaluation of activities.  BEL will undertake an Completed. Socio-economic database set up in an enhanced socio- electronic file and measured quarterly and reported in the economic survey to QESMR. support and fully achieve livelihood restoration. It will enhance its database of household survey data 3 Inspection Panel – Management Action Plans – Status Overview Issues Actions (Initial Status Commitment) and capacity building for monitoring and evaluating impacts of livelihood restoration and community development; and through technical assistance (from MIGA), BEL will improve the socio-economic database. Sharing of Project  Management will follow Completed. Management followed up with BEL on Benefits (OP4.12) up with BEL on yearly progress in delivery of services in Naminya Resettlement updated needs Area and directly affected villages. Provision of water assessments that are used supply services and market stalls is complete. Construction to adjust CDAP of the electricity distribution network and connection of activities, responding to households and a health center to the power grid is also priorities of Project complete at the Naminya Resettlement Area. As of affected people. November 2016, the overall connection is at 575 households, exceeding the minimum target number of connections, which was set at 500. Environmental Assessment and Mitigation Measures Environment  Management will Completed. Target of 444 hectares reforested. Management Plan monitor progress of Management assessed as satisfactory BEL’s ongoing and Kalagala BEL’s ongoing afforestation activities. Falls afforestation activities Site(OP4.01) (79 hectares completed; additional 125 hectares by end-2008; 196 hectares by end-2009) as part of the EMP jointly implemented by BEL, District Environmental Officer, District Forest Officer, and LC1.  Management will follow Completed. The Kalagala Falls Site SMP, including the up on completion by Mabira Central Forest Reserve, was completed in 2010 by NFA of the SMP for the the International Conservation Union-Uganda, under Kalagala Falls Site, contract with the Project, and its implementation launched which includes the by the GoU in 2011. The Bank will continue to monitor the Mabira Central Forest implementation of the SMP. Reserve by June 2009, including tourism development program. Cumulative  Management will follow Completed. The GoU disclosed the Lake Victoria Impacts: Climate up on the GoU’s hydrological (water releases) data starting in 2008 and, Change and commitment to disclose since then, the information has been made available to the Hydrology Risks; the Lake Victoria EAC on a regular basis. Potential Impacts hydrological (water on Lake Victoria; releases) information and Alternative make it available to the Project EAC. Configurations (OP4.01) 4 Inspection Panel – Management Action Plans – Status Overview 2. Albania – Integrated Coastal Zone Management and Clean-Up Project Fourth Progress Report on the implementation of Management’s Action Plan in response to the Inspection Panel Investigation Report (#46596-AL) on the Albania Integrated Coastal Zone Management and Clean-up Project (IDA Credit No. 4083-ALB), January 13, 2012 All actions of the Management Action Plan are completed with the exception of the continuing implementation of the independently monitored judicial review. The fourth progress report provided details on actions related to the review. It also recorded the completion of the Social Vulnerability Assessment and actions related to communication with civil society and the business community, and the implementation progress of the restructured Project to date. This was the last Progress Report that Management submitted concerning implementation of the actions of the Management Action Plan. However, along with its monitoring of the progress on Project activities, the Bank will continue to monitor the progress of the case-by-case judicial review by utilizing a team of independent observers. Upon completion of the District Court and Court of Appeals processes, Management will issue a final report to the Board of Executive Directors concerning the outcomes of the cases. 5 Inspection Panel – Management Action Plans – Status Overview 3. Ethiopia Promoting Basic Services Project Phase III (PBS 3) Second Progress Report on the implementation of Management’s Action Plan in response to the Inspection Panel Investigation Report (#91854-ET) on the Ethiopia Promoting Basic Services Project Phase III (PBS 3) (IDA Credit No. 51620), February 21, 2017 DETAILED STATUS OF ACTIVITIES IN THE MAP ACTION STATUS PBS 3 and CDP: Operational Interface Action #1 A screening tool, which will be used by Completed before last reporting period. Roll-out of the District-level staff when preparing proposals for Bank Alignment of Operations procedure, including the financing of sub-projects under programmatic government-approved screening tool, was launched on July operations, in order to manage the risks from CDP as 16, 2015. This is now included by the safeguards teams as well as from other programs, has been developed. The part of safeguard implementation and training of task teams procedure will enable the Bank to support such sub- and government project teams. projects wherever possible, by: (a) managing the operational interface, (b) being able to demonstrate that it has taken all reasonable steps to consider the implications of the interface, and (c) avoiding involvement in non-viable or seriously deficient commune centers. The procedure is simple and is designed to be embedded within the regular Environmental and Social Management Frameworks already in use by such sub-projects. It involves gathering basic data on the Commune Center and classifying it in terms of its viability. Based on the classification, the Bank determines whether, and how, the Bank-financed sub-project should proceed. Action #2 Study to help the Bank ensure that staff Completed during last reporting period. The potential role whose salary is partially funded through block grants of Development Agents (DAs) and their time use was under PBS 3 are employed as intended, and possibly studied. The finalized DA Tracking Survey revealed that help identify issues to watch for when preparing future there was no evidence of DAs doing work beyond their projects. defined roles. However, as noted in the Management Response, activities carried out during the DAs’ own spare time cannot be verified. Reducing systematic social and environmental risks Action #3 Continue to build the capacity of woreda- Completed during current reporting period. The safeguard level staff to implement the Bank’s safeguard policies, management manual was adopted, and this activity is including through a woreda-level safeguard manual that deemed to be completed. Woreda staff are being trained can be used across the country. continuously. Action #4 Recruit a Senior Operations Specialist within Completed during last reporting period. The staff member the PBS secretariat to help implement the safeguard came on board and has been providing support for policies and provide continuous support to woreda-level safeguards management at all levels of Government – staff. federal, regional and woreda – since May 2015. Improving Citizen Engagement 6 Inspection Panel – Management Action Plans – Status Overview Action #5 Expand social accountability programs and Ongoing. The social accountability programs in almost all strengthening the link between social accountability and 223 woredas have reached the service improvement phase work on financial transparency (i.e., citizens and service providers are now at the stage of jointly developing service improvement plans). There is an increased demand from regional and woreda authorities seeking technical support from the local civil society organizations implementing the Ethiopia Social Accountability Program, in order to conduct citizen consultations effectively. The financing for the third phase of the Ethiopia Social Accountability Program (ESAP 3) will most likely be finalized during the third quarter of the current calendar year. Once financing is secured this action will be deemed completed. Action #6 Increase citizen participation in budget Completed during last reporting period. The Finance decision making at woreda level Ministry issued a directive in September 2015 to require all woredas to carry out citizen consultations before budgets are approved. Following the directive, more than 37% of woredas have conducted pre-budget discussion by December 2016. Action #7 Support the effectiveness of the Ethiopian Completed during last reporting period. The EIO has plans Institution of the Ombudsman (EIO) through training to open the seventh regional office soon in Benishangul- and opening of new regional branches. Gumuz. Since the Dire Dawa office serves Dire Dawa, Harar and Somali region, this will bring the number of regions with grievance redress mechanism (GRM) offices to ten (Addis region is served by the Head Office). The regional office coordinators have been given the statutory position of Regional Ombudsman. A series of awareness raising study tours have been organized to sensitize EIO officials. In addition, administrative GRM (separate from EIO and part of the Government) offices have been established in all 9 regions and two city administrations. Action #8 Train grievance redress officers in woredas Ongoing. Since the Board discussion, 393 GRM officers to become more effective. have been trained. Preparation is completed to train another 800 in 4 regions (Amhara, Gambella, Oromia and Tigray) and Dire Dawa City Administration this fiscal year. Work plans are being developed by the regional ombudsman offices to assure that all districts have trained GRM staff by 2017. The training of GRM officers in all woredas will be deemed complete when the number of trained GRM officers exceeds one thousand and all woredas are covered, which should happen during the current Ethiopian fiscal year, which ends July 7, 2017. 7 Inspection Panel – Management Action Plans – Status Overview Improve Agriculture and Livelihoods in Gambella Action #9 Explore to what extent the Government of Completed during current reporting period. With the Board Ethiopia would be interested in Bank support to address approval on March 31, 2015, of the Second Agricultural the challenges of agriculture and livelihoods in Growth Project, which was expanded to include Gambella, Gambella, and other Developing Regional States of the commitment to support smallholder agriculture in Ethiopia. Such support could be provided both through Gambella has been met. With regards to livelihoods, existing projects, such as the Pastoral Communities Gambella is now included in the Ethiopia component of the Development Project and the Second Agricultural regional Development Responses to Displacement Impact in Growth Program, and as necessary through a separate the Horn of Africa project, approved by the Board on May operation. 31, 2016; this project will support livelihoods and community driven development in Gambella, among other areas, subject to passing the requisite screening process for interface with the CDP. The action is now complete. Reducing Systemic Risks relating to Financial Management Action #10 Financial system strengthening programs Completed during current reporting period. The PBS specific to the PBS will continue, including completing project continues to support PFM-specific interventions that the roll-out of the Integrated Budget and Expenditure are woreda-focused, with the support of approximately (IBEX) management system to all woredas. US$20 million towards improved PFM in all districts and regions; this includes completing the roll-out of IBEX. Progress was reviewed in December 2016 and it was found that all woredas use IBEX or the next generation integrated financial management system. Action #11 Support for system strengthening will be Completed during current reporting period. After a delay supplemented through a stand-alone Public Financial due to national elections and subsequent Government Management project. formation, the Ethiopia Public Financial Management Project was submitted and approved by the Board on February 25, 2016. Action #12 An action plan will be prepared by the Completed during current reporting period. The action Office of the Federal Auditor General (OFAG) to plan was prepared in mid-2016. While federal audit strengthen the effectiveness of all regional audit offices. coverage has reached 98.5 percent, there are regional variations. PBS 3 is supporting OFAG to improve regional coverage. Action #13 The audit backlog in Gambella will be Completed during last reporting period. The audit backlog tackled directly, together with OFAG, with a specific of the consolidated account of the Gambella region has been timeline and benchmarks for doing so. fully eliminated. Action #14 There will be annual benchmarking of PFM Completed during current reporting period. This action, performance for all woredas. which was a Disbursement Linked Indicator in the new Enhancing Shared Prosperity through Equitable Services Program for Results, has been finalized in January 2017, following a delay. The benchmarking system has been developed and has been tested. It is now being rolled out throughout the country. Improve Knowledge about Program and Its Impacts Action #15 Enhancing analytical efforts under the Completed during current reporting period . Three Managing for Results component. analytical studies have been produced that look at the equity impact of basic services in Ethiopia. Two of these were published during 2016 and a third is awaiting publication in a refereed journal in 2017. 8 Inspection Panel – Management Action Plans – Status Overview 4. Nepal Power Development Project Second Progress Report on the implementation of Management’s Action Plan in response to the Inspection Panel Investigation Report (#93722-NP) on the Nepal Power Development Project (IDA Credit No. 3766-NP), August 30, 2017 DETAILED STATUS OF ACTIVITIES IN THE MA ACTION STATUS OP/BP 4.01 - Institutional Capacity In progress The Bank will continue to assist NEA to clarify ESSD’s  NEA (ESSD) staff were trained in Social Impact mandate, streamline its working procedures and Assessment through the PSRSHDP; strengthen its operating capacity to better manage  Training will be conducted on conflict management environmental and social issues in NEA’s investment for the NEA staff and key stakeholders. portfolio, especially transmission line projects, through the proposed Power Sector Reform and Sustainable Hydropower Development Project (PSRSHDP, P150066). The assistance will specifically support ESSD in developing procedures and guidelines; and providing training on safeguard management, such as Environment Assessment for transmission lines, alternatives analysis, consultations, information disclosure, resettlement planning and GRM. OP/BP 4.12 - Resettlement documentation Completed NEA will update the RAP. The Bank will closely monitor  NEA had updated the RAP in March 2014. This the implementation of the updated RAP until it is action is complete. completed. OP/BP 4.12 - Land Acquisition and Compensation In progress NEA will continue to deliver the outstanding  Compensation amounting to NPR 70.7 million (85 compensation payments as set out in the updated RAP, percent of the total compensation amount) has been with funds deposited in the Special Purposes Account at paid for land acquisition and to the RoW-affected the District Administration Offices (DAO) in each of the persons losing land and structures. three affected Districts. The Bank will continue to advise  The remaining compensation for the land in the RoW and monitor the delivery of the remaining compensation of the second circuit is yet to be disbursed. The payments. Project is targeting completion of this action by December 31, 2017. NEA has deposited the remaining funds in the Special Purpose Accounts at the DAOs.  For the feeder road of the 3.85 km disputed section in Sindhuli, a total of NPR 207.8 million (92 percent of the total compensation amount) has been paid. Sufficient funding for outstanding compensation for land acquisition has been deposited in the Special Purpose Accounts at the DAO.  NEA has disbursed compensation to all the affected persons it could reach. Outstanding compensation cases (8% in the disputed section and 15% in the non- disputed section) involve absentee owners, or where legal disputes of property division among owners are pending, and hence no rightful owner to compensate could be determined; in some instances, owners have not yet collected their compensation although they have been notified. Sufficient funding for outstanding compensation has been deposited into Special Purpose Accounts at DAOs in all the districts, including Sindhuli, where affected persons can collect 9 Inspection Panel – Management Action Plans – Status Overview ACTION STATUS it. OP/BP 4.12 - R&R Assistance Completed NEA will continue to complete delivery of R&R  R&R assistance has been disbursed to 41 out of 42 assistance in line with the updated RAP. The Bank will households displaced physically due to land continue to advise NEA and monitor the delivery of R&R acquisition. Sufficient funding has been placed in the assistance until the RAP implementation is fully Special Purpose Accounts and affected persons have completed. been notified. OP/BP 4.12 - Grievance Redress Completed NEA will keep the GRM functional throughout the  The NEA has maintained operation of the project implementation of the updated RAP. The Bank will GRM in the field; continue to monitor the implementation of the GRM  The project GRM has recorded all grievances filed by through regular missions. affected persons and has kept records of the minutes of meetings with affected persons and decisions from the meetings. OP/BP 4.10 - Implementation of VCDP In progress NEA will continue implementation of the updated VCDP  The updated VCDP (March 2014) has been fully and the Bank will closely monitor the implementation completed for all the project affected districts, except through regular missions and engagement with NEA. for Sindhuli.  The VCDP activities will be updated to reflect the conclusions of the consultations being undertaken with the help of an independent facilitator and the timeline for its implementation will be assessed once the update is concluded. Access to Information - Disclosure and Consultations In progress NEA, with support from the Bank, will continue  NEA staff, along with the field-based communication dissemination of project implementation information and liaison officers, has been in regular consultation among the affected communities and engage them in a with the affected communities. consultative and participatory manner in the  The independent facilitator is also helping to continue implementation of the RAP and VCDP. The consultation dissemination of project implementation information process will continue until the RAP and VCDP are among the affected communities and engage them in implemented.1 The Bank will support and monitor the a consultative and participatory manner process of information disclosure and consultations. 10 Inspection Panel – Management Action Plans – Status Overview 5. India - Vishnugad Pipalkoti Hydro Electric Project Third Progress Report on the implementation of Management’s Action Plan in response to the Inspection Panel Investigation Report (#89109-IN) on the India Vishnugad Pipalkoti Hydro Electric Project (Loan No. 8078-IN), November 29, 2017 DETAILED STATUS OF ACTIVITIES IN THE MAP PANEL FINDING STATUS OF MANAGEMENT ACTION 1. Water loss and Completed. alternative water sources: The Baseline studies to document water sources of all villages along the Panel found that Management tunnel alignment routes, and a detailed report documenting alternative complied with OP/BP 4.01 by or additional water sources were completed in September 2014. THDC undertaking the baseline studies continues videography and flow measurement, to monitor water sources to document village water on a six-monthly basis, and maintains a state of readiness to develop sources along the tunnel alternative water supply schemes should water loss be reported by any alignment routes and ensuring village. that THDC committed to provide alternative water sources in the event that an existing source was lost. However, the Panel found that the Bank did not identify detailed and adequate mitigation measures that could be operationalized if a water source were lost, in non-compliance with OP/BP 4.01. 2. Resettlement and Ongoing. Livelihood Restoration: The Panel understood that Given the slow progress of negotiations between the Hatsari community resettlement and rehabilitation and THDC over the last year, the Bank task team has stepped up support efforts were underway and for THDC. The Bank’s social team has held discussions with both parties almost half of the eligible regularly over the past year, and in September engaged a consultant with families had already received experience in community engagement and resettlement negotiations who their R&R assistance. However, also visits the site regularly. This community engagement specialist is with respect to Hatsari (where helping THDC launch a fresh round of interactions aimed at supporting seventeen families were the community in negotiating and accepting one of the many options for affected), the Panel found that permanent or temporary relocation available to them. THDC is also the Project RAP did not consulting with the District Magistrate on an ongoing basis, and seeking adequately assess the Hatsari the support of this office in resolving compensation for the Hatsari reality, in non-compliance with community. Bank Policy OP/BP 4.12 on Involuntary Resettlement. The At the suggestion of the Bank team, THDC has commenced a Panel recognized, however, community outreach program (COP) in January of this year. This COP Management’s concern for the builds on the actions already being undertaken under its CSR programs, Hatsari issue to date and the fact by regularly visiting individual villages (including Hatsari) to develop an that negotiations were still understanding of issues and concerns within the villages, and develop continuing with a wide range of village-specific programmatic action plans to support village options on offer to Hatsari development. Under the COP, THDC is establishing Village residents. Development Advisory Committees (VDAC) in each of the affected villages. VDACs will be trained by THDC in development plan preparation. VDACs will submit village level development plans to THDC for implementation. The support for a village development plan is being discussed with Hatsari as part of its overall compensation 11 Inspection Panel – Management Action Plans – Status Overview PANEL FINDING STATUS OF MANAGEMENT ACTION provisions. In addition, THDC is in the process of hiring a specialized firm to help develop an eco-system approach for development of additional livelihood opportunities in the Project-affected villages, including Hatsari. Terms of Reference for this firm have been developed, and procurement will be completed by December 2017. This firm will use a participatory approach to the identification of livelihood generation activities in various villages, impart the required skills to the villagers, as well as set up forward market linkages in areas of economic activity where livelihoods could be generated. THDC continues to work to identify land in the vicinity of the Project area and help Hatsari families in negotiation and finalization of land plots. THDC also continues to work with the nongovernmental organization (HERDS) hired to implement the RAP, and with the Environmental and Social Panel of Experts (E&S PoE) to identify other alternatives that would help to achieve agreement with the families. 12 Inspection Panel – Management Action Plans – Status Overview 6. Kenya - Electricity Expansion Project Addendum to Management Report and Recommendation in Response to the Inspection Panel Investigation Report (#97705-KE) on the Kenya Electricity Expansion Project ((IDA Credit No. 4743- KE), was submitted to the Board on October 30, 2016. The Board approved the Action Plan contained in the document on February 26, 2017. Progress Report will be provided in February 2018. 13 Inspection Panel – Management Action Plans – Status Overview 7. Uganda – Transport Sector Development Project First Progress Report on the implementation of Management’s Action Plan in response to the Inspection Panel Investigation Report (#106710-UG) on the Uganda Transport Sector Development Project – Additional Financing (IDA Credit No. 4949-UG), March 22, 2017 Proposed Actions Status Update as of February 24, 2017 1. Remediation for child victims of abuse The Bank-funded Emergency The Bank, through the ECPR facility, implemented by the globally reputable Child Protection Response Uganda-based NGO, BRAC, has continued to meet key commitments in (ECPR) has made progress in addressing the material and psychosocial needs of the identified victims of sexual meeting immediate material abuse in the Project area. needs and addressing the The particular support provided under ECPR is tailored to the specific needs and psychosocial needs of the circumstances of each victim and may include: (a) psychosocial support, victims of sexual abuse, including counseling and guidance and, in some instances family counseling; (b) without discriminating medical support, including pre- and post-natal care where relevant; (c) between cases associated with reintegration into formal schooling for several of the victims of abuse; (d) road workers and those livelihood support, in the form of a monthly stipend to take care of basic needs for associated with other those in abject poverty; and (e) vocational training. Caregivers are also being perpetrators. assisted through income-generating activities that will allow them to better support the victims of child sexual abuse. As of March 21, 2017, ECPR support was in the process of being extended until the end of April 2017 at which point This assistance, which has financing of the activities being implemented by BRAC will fall under the RSR been implemented by Grant, thereby continuing many of the initiatives commenced under the ECPR, reputable NGOs (BRAC and and expanding and deepening them through strengthening community responses TPO), will be continued at to GBV within Project communities. Moreover, in addition to meeting the least for the next twenty-four immediate material needs of the victims of child sexual abuse, the Bank is months through the following working in the Project area districts (Kabarole and Kamwenge) to strengthen modalities: community response to gender-based violence (GBV, including child sexual  BRAC’s contract has been abuse) through the Rapid Social Response (RSR) Grant that became effective in extended through March January 2017 (see Action 2 below). 2017. BRAC will The Bank has continued to monitor legal redress regarding child sexual abuse continue to support: (i) cases (termed “defilement� in Uganda) in the Project area. No new cases of life skills training, school defilement have been reported to the justice system since October 2016. To date, reintegration for girls who 45 cases of defilement in the Project area have been reported to police for have dropped out of investigation. Of these, 32 cases had sufficient corroborating evidence to facilitate school, financial literacy follow up. Four convictions have been secured and, of these, one conviction was and apprenticeships; (ii) of a road worker. Of the remaining cases, six remain pending (one is in court and, psychosocial support and in five cases, suspects are still being traced). The rest of the cases have been counseling for victims of dismissed by the court or closed by the Resident State Attorney (deemed sexual violence and their untenable due to a lack of evidence or assistance from the community). A core families; (iii) health care objective of the RSR Grant is to reduce community barriers to seeking help and support, including justice for the victims of GBV, including victims of child sexual abuse. adolescent sexual and reproductive health services, which includes screening and, as necessary, treatment of sexually transmitted infections, hygiene education, etc.; (iv) in- kind support to victims of abuse to meet basic needs; and (v) support in seeking 14 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 legal redress.  Following the completion of the BRAC contract, the above support will continue under the RSR Trust Fund Grant (described in Action 10, below). Management notes the recent improvements in Government efforts to identify and hold perpetrators legally accountable, and also notes that the GoU has committed to provide the Bank with regular updates on steps that it has taken to ensure that cases of GBV are vigorously investigated and addressed by the appropriate law enforcement authorities. The importance of this issue was stressed in September 2016 in an exchange of letters between the President of the Bank and the President of Uganda. 2. Strengthening community response to GBV within Project communities In parallel with Action 1, Bank Beyond the direct support to victims of child sexual abuse described above, the support will be provided to Bank has secured, on behalf of the GoU, an RSR Grant of around US$1 million local governments and which was signed and became effective on January 18, 2017. Under this Grant, affected communities in the GoU will provide local governments and communities in the Project area with Project area to strengthen their support to strengthen their capacity to prevent and respond to GBV. As of March capacity to prevent and 20, GoU had issued requests for Expressions of Interest to a number of Civil respond to GBV. Society Organizations (CSOs) active in the field of GBV prevention and response in Uganda, inviting them to participate in the provision of such services in the The Project area will be one of Project area. Implementation will continue until December 2018. The project will the targeted areas of support enhance the provision of prevention programs and response services for the under the RSR Trust Fund, victims of child sexual abuse and those at risk of sexual violence in the Project which is expected to become area in Kamwenge and Kabarole districts. Activities include: (i) community effective in January 2017 (see campaigns to reduce social tolerance of GBV, (ii) enhancing systems of support Action 10, below). Within the to victims of GBV (i.e., coordinating health, police, justice services), and (iii) Project area, the RSR will strengthening community support system capacity to respond to GBV, including support: (i) efforts to reduce village health teams, local council leaders, and religious and cultural leaders. social acceptance of GBV through community-based behavioral change interventions; (ii) strengthening referral systems for youth at risk; and (iii) enhancing the capacity of community-based facilitators 15 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 such as village health teams, local council leaders, crime preventers, and religious and cultural leaders to respond to GBV. 3. Resettlement compensation The GoU has committed to UNRA, on behalf of the GoU, remains committed to completing land acquisition complete land acquisition and and compensation payments to Project-affected people, in line with national laws compensation payments to and Bank policy requirements, by the end of March 2017. Project-affected people, in line UNRA, on behalf of the GoU, remains committed to completing land acquisition with national laws and Bank and compensation payments to Project-affected people, in line with national laws policy requirements, by no and Bank policy requirements, by the end of March 2017. As of March 10, 2017, later than March 2017. The 94 percent of 2,960 Project-affected people had received compensation; the satisfactory completion of this remaining 6 percent (177 people) had not yet been paid compensation. Reasons process is one of the for delays in payment included instances in which: estates of deceased persons conditions for the reappraisal had absent or disputed claimants; claimants had insufficient documentary of the suitability of UNRA to evidence of identification to open a bank account to enable an electronic funds implement Bank-financed transfer; or claimants disputed assessed compensation amounts. UNRA confirmed projects, and any future on March 21, 2017 that the escrow account has been opened. Of the outstanding Management decision to lift compensation amounts, payments to 49 Project-affected people s are currently in the suspensions of the civil process and are expected to be paid by March 24, 2017. UNRA plans to transfer works components of the the estimated amounts for the remaining 127 affected people (4 percent of the ARSDP and NERAMP. total) into the escrow account by March 31, 2017, to be paid out as the remaining To address continuing delays cases are resolved. in completing this process, as well as other resettlement issues noted in the Panel’s Report, the Bank will: Progress since the Management Report to the Board: (i) Recruit qualified experts to work directly with Total Project- Remaining to be % complete. UNRA to assist it to (1) affected people compensated determine the reasons for Sept 2016 2,844 574 79.8% the continued delays in payment of compensation Mar 2017 2,960 177 94% and put in place an effective strategy for addressing them as To assist the GoU to complete compensation on the Kamwenge-Fort Portal road, necessary; (2) ensure that the Bank: all outstanding and new (i) Has recruited qualified experts to assist UNRA to validate the list of claims are appropriately Project-affected people and complete the process of compensation addressed; (3) determine along the Kamwenge-Fort Portal road, ensure continuing whether there were consultation of Project-affected people and develop a well- impacts that have not functioning GRM. previously been taken into account (livelihoods/loss (ii) Is in the process of retaining a consultancy firm to conduct an audit of business income, to confirm the satisfactory completion of compensation for Project- vulnerable groups) for affected people. The audit will commence when the compensation which compensation or process is complete. assistance may be (iii) Has assigned a locally recruited consultant to monitor and support required; (4) ensure the above process with oversight of the Lead Social Development continuing consultation Specialist. with Project-affected 16 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 people and a well- functioning grievance mechanism; and (5) monitor implementation and provide fortnightly progress reports. (ii) Recruit a separate expert to conduct an audit to confirm satisfactory implementation of the process under (i) at its completion. (iii) Assign one or more Kampala-based Bank specialists to monitor and support the above process, with oversight from a Bank Lead Social Development Specialist. 4. Construction defects that have livelihood and safety impacts The Bank will continue to UNRA, on behalf of the GoU, has made substantial progress in ensuring the support UNRA and the Contractor undertakes the necessary corrective measures to address problem Supervising Engineer, to related to: (i) road access, (ii) drainage, (iii) damaged community water sources, ensure that the Contractor (iv) road safety measures, (v) damage to structures from blasting, and (vi) unsafe fulfills its contractual location of power lines. The independent technical advisor, hired by the Bank, obligations, and takes the completed his investigations in country, and on the road, and also held meetings necessary corrective measures with affected community members. The draft report, which will provide an to address ongoing problems, independent review of the status of implementation of the corrective measures, including those related to: (i) was received by the Bank on March 9, 2017. The independent advisor verified road access, (ii) drainage, (iii) compliance with the items that are part of the “Notice to Correct� and confirmed damaged community water that the reports provided by UNRA, by end December 2016, were correct. The sources, (iv) incomplete independent advisor also verified with the Contractor, the progress made on installation of road safety installation of access points, provision of drainage, review of accidents and devices, (v) damage to compensation, and water sources. He actively compared the Project road with a structures from blasting, and major national road in the country (Kampala-Fort Portal Road) and noted that (vi) unsafe location of certain technical provisions, like access and drainage, were much better on the transmission lines. Kamwenge-Fort Portal Road. On the other hand, the advisor highlighted the set of contractual management shortcomings that took place at the time of contract Such measures continue to be signing and in particular those related to the approval of the Environmental and obligations of the Contractor Social Management Plan (ESMP) and the incorporation of the environmental and and are covered by the Notice social safeguards requirements into the contract. The lack of coordinated follow- to Correct but remain up by the Supervising Engineer, the Contractor, and UNRA in firming up contract incomplete. Effective clauses (and the lack of an appropriately finalized ESMP duly approved by management of the Contractor NEMA and other entities—particularly as it pertained to resettlement and and satisfactory completion of environmental protection measures in the section crossing the Kibale National these corrective measures are Park and the Bigodi Swamp) prevented the Project from having a robust key indicators in the safeguards framework for the Contractor to follow and against which to measure reappraisal of the suitability of the Contractor’s performance. In the opinion of the independent advisor, these UNRA to implement Bank- shortcomings (particularly regarding environmental safeguards and the need for a financed projects, and a key more aggressive approach for installing a full-fledged Occupational Health and input into any future Safety management system) should have been addressed more extensively in the Management decision to lift set of actions included in the “Notice to Correct.� To this end, he made the suspension of civil works 17 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 components of the ARSDP suggestions for incorporation of more speed controls in the forest section, and and NERAMP. Therefore, the coordinating with the relevant stakeholders in the Bigodi wetlands area on any Bank will: possible restoration of the swamp. The formalization of the contractual framework has recently taken place with the signing of the updated contract with  Require that UNRA the Contractor. obtain Contractor remediation, no later than Details of progress to date on the individual issues are presented below: November 30, 2016.  Access points: Construction of access points is ongoing as per the design  If Contractor remediation review report and will continue until the end of construction (end April is not completed 2017). Most of the access points (both pedestrian and vehicular) have already satisfactorily by the above been built on the completed sections on the Kamwenge side, and construction date, require UNRA itself is ongoing on the Fort Portal side. By the end of January 2017, 368 out of the to undertake the necessary planned 497 access points had been completed. In urban areas, the drainage corrective actions by no channels are covered with concrete slab covers, and the walkways are also later than March 1, 2017 concreted, forming pathways to facilitate pedestrian access along the road, (if needed through a third and to buildings and properties on the road side. Temporary access is being party contractor), provided on a rolling basis as construction works progress. Furthermore, deducting the cost from areas in front of people’s properties will be shaped, refilled and compacted to the amount due under the enable better access between properties. A field visit on February 16, 2017 contract. resulted in a special request from the Bigodi Grievance Redress Committee for the provision of two access points. UNRA has taken note of this and is to  Provide the services of an provide the necessary access through the Engineer and Contractor. The independent technical analysis in this section is consistent with the independent technical advisor’s advisor to evaluate the findings. Progress on access provision is good, and any outstanding access quality and completeness points have been identified and will be installed before the road works are of the corrective completed. measures, and to seek feedback from the  Drainage: Drainage aspects have been progressively addressed with the community that the installation of outfall drainage channels to ensure water does not discharge problems have been into people’s properties. In some instances, the affected people have rectified. requested to be compensated for the installation of these outfall channels, and UNRA is processing the compensation in order to undertake the installations. Culverts are being installed to manage the drainage system for the road, and side drains have been constructed, and lined with stone pitching in cases where the slope would generate erosion impacts. The analysis in this section is consistent with the independent technical advisor’s findings. Progress on drainage provision is satisfactory; outstanding needs for drainage have been identified by the Engineer, and the Contractor has been instructed. These will be installed before the road works are completed.  Damaged community water sources: All damaged/impacted community water sources have been addressed. Two water sources were noted as being affected in the quarry site areas of Busoro (national water grid stand pipe) and Kiko crusher site (protected well and water pump). The Contractor provided alternative stand water pipe sources. A protected well has also been provided for the Kamwenge quarry community (Iziba ry-Omukama). A French drain was also installed at km 143+360 to km 143+520 RHS to protect a community spring in Kamwenge. A community well has been protected at km 189+652, and a proper stepped outfall channel from the main road has also been constructed to easily collect water and silt away from the well. At km 147+840, a spring well was reportedly contaminated by algal growth caused by blocked drainage during installation of a culvert at this section; it was later opened up and cleared, and the water returned to its original state. The Contractor has also installed two water pipe connections to the check dams in the outfall structure at the box culvert works at Lake 18 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 Nyabikere to supply water to the local businesses and communities. The shallow well contamination complaint in Bigodi was investigated, in the presence of the independent technical advisor. A separate report has also been prepared by the Environmental Specialist of the Supervising Engineer. The report indicated that the complaint did not have merit since the well is in a wetland section with clayey soil contamination from below, and not from the road that is much further away. The independent technical advisor concurred with the Environmental Specialist’s findings. In a meeting held with the Bigodi Grievance Redress Committee on February 16, 2017, UNRA agreed to ask the Contractor to provide an alternative water source as an act of corporate social responsibility.  Road safety measures: Installation of speed control structures (speed bumps and warning signage) and permanent signs has improved significantly along the road. In road sections where the paving works have been completed, the installation of speed bumps, rumble strips, and road signs is progressing well, and has been completed for some sections. Temporary signs are being provided in areas where works are ongoing. Flag persons are found at all active construction areas. Another long-standing safety concern which has now been corrected is the use of old dilapidated trucks. These have since been removed and only road worthy trucks are now in use on the road. Safety training and induction is also being provided to all workers. All road signs, traffic calming structures, and road marking will be completed before the contract end date of April 30, 2017.  Damage from blasting operations: Out of the five quarry sites namely Bigodi, Katoma, Kamwenge, Kiko (allowed to operate only as a crusher site), and Busoro, only the Kiko crusher site is operational. At this quarry, affected people are being compensated on a quarterly basis after being relocated to rental accommodations at safer places nearby. The Bigodi and Katoma quarries have been closed and restored, while the Kamwenge quarry is under restoration as per the restoration plan cleared by the Supervising Engineer on December 1, 2016. The UNRA land acquisition team, together with the Contractor, held a community engagement meeting for affected people at Kamwenge Quarry on January 20, 2017. A report with the final evaluation for payments was submitted for Chief Government Valuer Clearance. An update will be provided when these payments are made, to bring this issue to full compliance. It is currently one of two issues that remain as partially compliant in the Notice to Correct as of March 17, 2017, and that is actively being followed for final resolution. The Contractor performed controlled blasting at the Busoro quarry, and reached agreements with all people living in the quarry vicinity to provide safe piped water for their use, extend electricity pole coverage to the area and improve their local access road. The first two items have been completed, and the third will be completed after quarry restoration. By February 16, 2017, the Busoro site, which was the final quarry used as a source of aggregates for the road, was in the final stages of restoration.  Unsafe location of power lines: The Supervising Engineer has updated the engineering drawings indicating where power lines/conductors run above people’s houses; there are 171 such houses. UNRA reported that the 105 houses for which compensation was paid earlier have now been demolished. Compensation has also been paid for the remaining 43 houses that are under conductors within the road reserve and the evacuation notices have been issued to the affected people. The Supervising Engineer also reported that 23 19 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 houses outside the road reserve have power lines that were relocated overhead due to Project activities. The relocation subcontractor has been notified of the matter and is expected to return the power lines to the road reserve before the completion of the road works. 5. Workplace and traffic accidents The Bank will work with With UNRA’s no objection, the Supervising Engineer engaged an insur ance UNRA to ensure that expert to review and determine the adequacy of compensation paid for accident outstanding payments are victims. The insurance expert submitted its final assessment report in December made and that compensation 2016, for accidents that were registered earlier. The expert reviewed the cases amounts are appropriate and in associated with 41 accidents, out of which additional payments were line with national laws and recommended for 12 cases, no additional payments were recommended in 18 regulations. The Bank will cases, while further documentation was requested to make a final determination procure an independent for the remaining 11 cases. For the cases which warranted additional payment, it technical advisor (Action 4) to was recommended to increase the original payment from about 27.92 million assist UNRA in reviewing UGX to about 166.39 million UGX, a difference of 138.47 million UGX. The compensation amounts and Contractor agreed with the recommendations made by the insurance expert and calculating any additional was instructed by UNRA through the Supervising Engineer to implement the compensation that may be recommendations of the report. To this end, money was withheld by UNRA from required, by January 1, 2017. the Contractor’s interim payment certificate (IPC) 16, and a proper procedure to If it is determined that channel the money to the victims to be compensated, as per the report, was additional compensation needs developed. The Bank team and independent technical advisor received a copy of to be paid by the Contractor, the insurance expert’s report, and have provided comments. UNRA and the UNRA will insist on Supervising Engineer agreed to take these into account in the final compensations. Contractor compliance with UNRA is working with the Supervising Engineer to ensure that all payments for this obligation. If any required insurance compensation due to both workers and members of the public that payment is not made, the GoU suffered accidents relating to the road work activities are deducted from the has committed to pay the Contractor’s current IPC if not yet paid directly by the Contractor for all cases in required amount from its own the accident log (both old and new). The latest update from the Engineer (March resources, deducting the 17, 2017) indicates that 11 victims out of the 23 outstanding cases have received payment from the amount due their compensation payments (of these 9 were paid by UNRA through deductions under the contract. from the Contractor’s payments, and 2 were paid by the Contractor). However, by March 17, 2017, the total outstanding cases had increased from 23 to 25. The Contractor has been asked to provide the details for these victims. Thus 14 victims remain to be paid. The insurance expert revisited the site from March 9 to 11, 2017. He made a determination on 9 of the 14 cases. Once all information and documentation is received, he will make a final determination on all remaining cases. This issue remains as one of the outstanding issues recorded as partially compliant in the Notice to Correct, and is being followed up. 6. Wages and working conditions The Bank will continue to Uganda has no minimum wage laws. However, the works contract requires the support UNRA and the Contractor to pay wages at rates, and observe conditions of labor, which are not Supervising Engineer, to lower than those established for the trade or industry where the trade is carried ensure that the Contractor out. Prior UNRA and Bank team review of this issue found the rates paid to be fulfils its contractual similar to those for other road construction works in the western region of the obligations and takes the country. necessary corrective measures On work permits, out of 32 expatriate workers, 20 have valid work permits, 3 to address contract have been approved to receive work permits, and 9 have special passes and are in deficiencies and working the application review and approval process. condition problems. 20 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 Improvement in the Workers have been issued with contracts and identity cards. They are also being management of the Contractor provided with the necessary worker welfare amenities including food, drinking is a key indicator in the water, sanitation facilities disaggregated by gender, and personal protective reappraisal of the suitability of equipment, and have been accorded the necessary rights and are subject to UNRA to implement Bank- obligations as per Ugandan labor laws. financed projects, and a key input into any future Management decision to lift the suspension of civil works in the ARSDP and NERAMP. The Bank will fund an independent technical advisor (see Action 4) to assess Contractor compliance with pertinent labor regulations. UNRA has committed to require the Contractor to undertake any corrective measures identified as a result of the advisor’s assessment. 7. Grievance mechanisms and consultation (i) The Bank will support UNRA remains committed to establishing an accessible and effective GRM along UNRA to develop an the Kamwenge-Fort Portal and Kyenjojo-Kabwoya (under the ARDSP) roads by accessible and effective, March 31, 2017. In particular, UNRA has adopted a new grievance redress policy UNRA-wide GRM. This and guidance to be mainstreamed throughout its operations, which is in use along will include the these roads. UNRA is establishing grievance management committees (GMCs) at development of a the community, sub-county and district levels along the Kamwenge-Fort Portal grievance redress process and Kyenjojo-Kabwoya roads. On December 1 2016, UNRA launched a bespoke manual that will document Grievance, Inquiries, Feedback Management System (GIFMS), which has web- the hierarchy of reporting based and smartphone interfaces (termed “UNRA Speed App�) that allow UNRA levels and define the roles staff to capture and consolidate feedback. and responsibilities for As of March 10, 2017, seven GMCs were operating along the Kamwenge-Fort each level. This work will Portal road. UNRA plans that this number will expand to 29 by March 31, 2017. benefit from the Based on GIFMS data, 58 grievances have been recorded along the Kamwenge- diagnostic of UNRA’s Fort Portal road since December 2016. Forty-nine of these grievances (84 percent) existing grievance redress related to resettlement issues, such as concerns over valuations, under- or non- mechanisms, which the payment of compensation, or delays in receiving compensation payments. Twenty Bank undertook in April of these grievances (35 percent) had been responded to as of March 10, 2017. 2016. For the roll-out of While road construction is due to be completed by the end of April 2017, the this GRM, the Bank will GRM will remain in place until the end of the indemnity period, 12 months after (1) provide training and completion. UNRA has also established 14 GMCs along the Kyenjojo-Kabwoya orientation for UNRA road, of which three are at the district level, 10 are at the sub-county/township field-based staff; (2) level, and one is at the community level. Of these, all but one have been trained. conduct workshops for Another 22 GMCs at the community level in the major trading centers are relevant local officials and proposed to be constituted and trained, according to UNRA’s GMC activation and communities to training plan. Based on GIFMS data, 39 grievances have been recorded along the establish/re-activate local Kyenjojo-Kabwoya Road since December 2016. Almost all of these grievances grievance redress (37 cases, or 95 percent) related to resettlement issues, such as concerns over committees; (3) distribute valuations, delays in receiving compensation payments, or damages to existing standardized tools to structures. Eleven of these grievances (25 percent) had been responded to as of record, report and manage 21 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 grievances; and (4) March 10, 2017. provide technical support To assist UNRA in the work it has undertaken to put the GRM in place, the Bank to UNRA in establishing has (a) provided training and orientation for UNRA field-based staff; (b) contact centers with full- facilitated the development of training content for and training of GMCs and time community liaison relevant local officials to establish/re-activate local GMCs; (c) distributed officers in communities standardized tools to record, report and manage grievances; and (d) provided along Project roads. technical support to UNRA in developing a community engagement strategy and (ii) For the Project area, action plan which includes improving the design of contact centers with full-time UNRA has already (1) community liaison officers in communities along the Project roads. The Bank also activated a call center and continues to provide support to UNRA to improve its GIFMS. set up a hot line; (2) The Bank will continue to support the development, refinement and distributed and displayed implementation of this system-wide GRM through the RSR Grant. posters with hotline numbers at prominent places in road communities; and (3) recruited three community liaison officers (and is in the process of recruiting more), who are sensitizing grievance redress committees and conducting house visits in affected communities along the Kamwenge-Fort Portal Road. For the remainder of the construction of the Kamwenge-Fort Portal Road, Bank social specialists will continue to work with UNRA to ensure that a functional complaints mechanism, including hotline, is available and accessible for the affected communities. This will not depend on the completion of the longer- term measures set out under (i). 8. Anti-retaliation The Bank has obtained Supported by Uganda’s Whistleblowers Protection Act, 2010, the GoU has commitments from UNRA and mainstreamed a zero-tolerance approach to retaliation. The Bank continues to the GoU to sustain their efforts follow progress in this regard. The Bank has ensured that anti-retaliation measures in preventing retaliation. This are built into the nascent UNRA-wide GRM now under implementation. will include periodic Moreover, where complaints are registered with the Bank, the Bank seeks publication of high-level assurances that complainants suffer no retaliation. While one new allegation of Government statements on the retaliation against an NGO operating in Kabarole District had been made in importance of anti-retaliation; February 2017, as of March 21, the incident was reported by GoU and the NGO radio talk shows providing concerned to have been resolved to the satisfaction of the NGO. During early strong messages on anti- stages of the Request for Inspection, the Bank reached out to provide contact 22 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 retaliation and broadcasting details to the community so that it can inform the Bank directly of any allegations public service messages about of retaliation against complainants or Requesters. the child helpline number 116 and an UNRA hotline; re- publication by UNRA of its own anti-retaliation statement, which was published in the Daily Monitor on June 2, 2016; and engagement by UNRA with civil society partners, to disseminate anti- retaliation messages and to collaborate in monitoring and reporting any instances of threatened retaliation, should they occur. The Bank will monitor the GoU’s actions in this regard, and communicate the need for correction if required. 9. Suspension of UNRA’s civil works portfolio, while working with UNRA to build its E& S capacity and meet other reappraisal conditions The Bank has cancelled the Financing for the UNRA civil works portfolio remains suspended. Credits for TSDP and The GoU and UNRA in particular have made significant advances in building suspended the financing of the capacity for environmental and social management and meeting the conditions for civil works components of two reappraisal. As of February 28, 2017, all of the following were nearing other projects (ARSDP and completion: hiring of the required environmental and social experts, project NERAMP) implemented by management experts, and communications specialist, as per the approved position UNRA. The suspensions will in UNRA’s restructuring; Notice to Correct issues on the Kamwenge -Fort Portal remain in place until the Bank road; and compensation payments on both the Kamwenge-Fort Portal Road, and receives evidence that the GoU the Kyenjojo-Kabwoya road section. and UNRA have adequate capacity to adhere to required The Bank has also undertaken a procurement and financial management post standards and practices. review audit, and found the existing UNRA arrangements to be broadly Measures have been agreed as acceptable with minor actions recommended for UNRA management attention. conditions for reappraisal of The Bank team will also check on completion of the post-review actions during UNRA’s capacity and for reappraisal. consideration of any future The Environmental and Social Management System and the Land Acquisition lifting of suspension. The Management System have both been strengthened with support from Bank staff fulfillment of all agreed actions is required prior to the and consultants, as well as from consultants provided by other development reappraisal of the suitability of partners. UNRA to implement Bank- The latest update of March 17, 2017, from the Supervising Engineer shows that financed projects, and any the Contractor has made good progress addressing the issues laid out in the Notice future Management decision to to Correct, dated October 21, 2015. Out of 36 issues in the Notice to Correct, 34 lift the project suspensions. are now compliant and 2 are partially compliant (blasting operations at stone The Bank, together with other quarry, and work place accidents and compensation). Progress is being made on development partners, will all these issues and full compliance should be attained before March 31, 2017. On compensation for blasting operations at the quarries, agreements have been made continue to provide advice to and compensation is being paid at both the Busoro quarry and Kiko crusher site. UNRA as it undertakes to The Kamwenge Quarry remains. A report of all grievances and proposed fulfill the agreed measures compensation was prepared by district authorities and submitted to UNRA, which and, in this connection, to build capacity in the following indicated that the total compensation required to be paid to affected people was 23 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 areas: UGX 32,400,000. The Contractor submitted a report indicating that total payments made to affected people amounted to UGX 97,945,000. Despite these (i) Reform of UNRA’s payments, the affected people had remained unsatisfied. Given this disparity, institutional structure; UNRA informed the community in the field visit of January 4-5, 2017 that the (ii) Contract office of the Chief Government Valuer (CGV) would provide a final assessment administration and and verdict. The UNRA team has been working with the consultant and management; Contractor to prepare a compensation report that will be submitted to the CGV for final review. (iii) Procurement; On workplace accidents, see Action 5 above. (iv) Financial management; (v) Environmental and social management – including a strengthened land acquisition system and processes; (vi) Communications and citizen engagement. 10. Working with UNRA and the GoU on addressing endemic social issues more systematically Funding has been approved The RSR Grant became effective on January 18, 2017. In addition, in October from the RSR Trust Fund for a 2016, the GoU requested IDA support of US$40 million for an operation to grant to enhance social address GBV in a systematic manner throughout Uganda. The IDA-funded protection systems in reaching operation will support the implementation of the National Policy on the child victims of sexual and Elimination of Gender Based Violence. It will include comprehensive behavior gender-based violence. The change, communication and awareness interventions focusing on the prevention grant is expected to be of GBV. Preparation is taking place on an accelerated schedule, with a view to the operational by January 2017 GoU finalizing preparation of the project so that Management can present it to the and will be implemented in Board as soon as possible. Project design has been informed by the GBV several districts, including diagnostic that was completed in August 2016 and preliminary findings from an along the Kamwenge-Fort ongoing gap analysis on GBV service provision that is expected to be completed Portal Road. It will follow a by March 31, 2017. In addition, social risk management components with a three-pronged approach, which specific focus on GBV prevention have been integrated into energy and transport involves: (i) providing operations through restructuring of the existing IDA portfolio in Uganda. technical assistance for the The RSR Grant includes support for prevention programs and response services national social protection related to sexual violence against children (VAC) in selected locations in system to reach child victims Kamwenge and Kabarole Districts. It focuses on: (i) improving access by child of abuse and those at risk of victims of sexual violence to a minimum package of services, (ii) preventing GBV; (ii) developing VAC and GBV; and (iii) strengthening capacity of the MoGLSD and district grievance redress mechanisms authorities to coordinate, monitor and ensure quality of services for GBV victims. to improve outreach to child Recruitment of implementing NGOs, hiring of a project coordinator and signing victims of abuse and of MoUs with district authorities is ongoing, and project implementation is populations at risk of GBV; expected to commence by end of April. and (iii) enhancing the capacity and coordination of a The following IDA-supported operations in Uganda are in the process being national social protection restructured to introduce social risk management components with a focus on system to protect child victims GBV: (i) Electricity Sector Development Project (US$120 million) is currently of abuse of GBV. being restructured to include a US$1.5 million component focusing on prevention of GBV, strengthening the identification of potential cases through GRM and On a broader scale, the GoU establishing referral mechanisms for victims around project sites; (ii) North has expressed interest in Eastern Road Corridor Asset Management Project (US$234.80 million under working with the Bank and implementation) includes a comprehensive set of activities to address GBV, child 24 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 other partners to address the protection, and occupational health and safety; and (iii) Uganda Teacher and problem of GBV countrywide. School Effectiveness Project is expected to include a new social risk management After discussions with the component (restructuring planned in April 2017) with a specific focus on Bank, the President of Uganda addressing GBV and VAC in schools. has announced that he will launch a Presidential campaign to combat violence against women and girls. This coincides with the approval of the “National Policy on Elimination of Gender Based Violence for Uganda� in September 2016 by the Cabinet. In support of such a national GBV response and implementation of the new national policy, the Bank will provide technical assistance to the GoU in developing the following key inputs, building on the Bank-supported GBV diagnostic that is expected to be finalized by the end of October 2016: (i) “Service-gap analysis,� (i.e., assessing gaps between existing standards for service provision to GBV victims of abuse and actual service availability and quality at district level); (ii) Costing of a scalable approach to the provision of GBV response and prevention services; and (iii) Identifying optimal institutional modalities for the delivery of such services. Finally, in order to strengthen the anti-GBV agenda within the Bank’s portfolio in Uganda, one or more key projects in the portfolio will be 25 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 restructured to include measures for addressing social risks, including GBV and child protection efforts. The first such project will be an ongoing energy sector operation, the Uganda Electricity Sector Development Project that will be restructured to include a component on social engagement in order to ensure meaningful communication with communities before contractors initiate work. 11. Safeguard portfolio reviews of Ugandan projects, with specific focus on child labor/abuse. The Bank is conducting a The Bank has completed a general review of environmental and social safeguards general review of performance in all IDA-supported projects within the Uganda portfolio, and a environmental and social complementary review with a specific focus on the risks of sexual abuse safeguards performance in all involving minors, and child labor. The recommendations of both reviews have relevant projects in Uganda, as been made public through the Uganda TSDP AF – Lessons Learned and Agenda well as a complementary for Action Report. review with a specific focus on The review of environmental and social safeguards performance made a number the risks of sexual abuse of recommendations to improve safeguards performance across the Uganda involving minors, and child portfolio. The review noted the need to improve community consultation and labor. Recommendations from GRMs in almost all projects. The review also resulted in project-specific action both reviews will be made plans to address identified deficiencies across the portfolio. Since the review, both public. the Bank and the GoU have undertaken a number of measures to strengthen management of safeguards issues in the Uganda portfolio. In addition, the Bank undertook an independent review of the Uganda portfolio to assess the risks of sexual abuse of minors and child labor under other projects. It is important to note that although the review found a number of factors specific to Uganda that heightened the risks and recommended a number of systemic improvements, no additional incidents of child abuse were found. The review recommended improvements in project design, implementation and staffing in the Uganda portfolio to take account of child protection risks. The relevant recommendations have been summarized in the wider Lessons Learned report. 12. Procurement and contract management Management recognizes that Enhanced SBDs and SPDs environmental and social All Standard Bidding Documents (SBDs) and Standard Procurement Documents provisions in contracts for (SPDs) have been revised to reflect lessons learned from the Uganda TSDP and contractors as well as are available for use. SBDs are used for projects with a Project Concept Note supervising engineers need to (PCN) prior to July 1, 2016, and SPDs for projects with a PCN after this date (i.e., be strengthened when civil the date of effectiveness of the Procurement Framework). Revised documents works are carried out in, or include: near, vulnerable communities and in other high-risk Standard Procurement Document (SPD) Works situations. A series of measures to be piloted include 1. Standard Prequalification Document (SPQD) Works the following: 2. Request for Bid (RFB) Works (after PQ) 26 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 As part of the bidding process 3. RFB Works (without PQ) for civil works: 4. RFB Small Works (one envelope)  Applicants/Bidders would 5. RFB Small Works (two envelope) be required to declare any civil works contracts that 6. RFB Roads (performance-based) have been suspended or SBD Works terminated by the Employer for reasons 7. PQ Works related to environmental 8. SBD Small Works or social safeguards (including health and 9. SBD Works safety issues) compliance in the past five years. This 10. SBD Roads (performance-based) information would be Consulting Services used to inform additional due diligence that may be 11. Request for Proposal (RFP) Consulting Services 2015 (for supervising required prior to contract engineer) signing. 12. RFP Consulting Services 2016 (for supervising engineer)  Specifications in the SPD Works bidding documents will be strengthened to set out 13. SPQD Works clear expectations with 14. RFB Works (after PQ) respect to environmental or social safeguards. 15. RFB Works (without PQ)  Bidders would be required 16. RFB Small Works (one envelope) to submit a plan for 17. RFB Small Works (two envelope) addressing environmental and social risks as part of 18. RFB Roads (performance-based) the bidding process as SBD Works well as a code of conduct for their workers based on 19. PQ Works a template to be provided 20. SBD Small Works by the World Bank. 21. SBD Works As part of contracts for civil works: 22. SBD Roads (performance-based)  Contractors would be Consulting Services required to post an 23. RFP Consulting Services 2015 (for supervising engineer) environmental and social performance bond that the 24. RFP Consulting Services 2016 (for supervising engineer) contracting entity could Summary of key enhancements cash should a contractor fail to remedy cases of # Subject Enhancement/s environmental and social non-compliance. The 1 Declaration of  Applicants/Bidders/Proposers are now bond should be for a contract suspension or required to make a declaration listing any reasonable amount which, termination civil works contracts that have been in combination with the suspended or terminated by an employer current performance bond, and/or performance security called by an would normally not employer, for ESHS reason/s. This exceed 10 percent of the information will be used to inform contract amount. The enhanced due diligence. 27 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 bond would be cashable 2 Strengthened  The Employer is required to set out clearly based on failure to comply specifications/ the minimum expectations of ESHS with the Engineer’s employer’s performance from the outset, to ensure that Notice to Correct the said requirements all Bidders/Proposers are aware of the defects. ESHS requirements.  A provisional sum may be 3 Workers’ ESHS Code  Bidders/Proposers are now required to included in civil works of Conduct submit, as part of their Bid/Proposal, an contracts to be used as ESHS Code of Conduct that will apply to agreed between the their employees and sub-contractors, and contracting entity and the details of how it will be enforced. contractor in cases where contractors have fully met  The suitability of the Code of Conduct can all environmental and be assessed and discussed as part of the social obligations under Bid/Proposal evaluation and negotiations. the contract and propose  The successful Bidder/Proposer is required to further enhance to implement the agreed Code of Conduct environmental and social upon contract award. outcomes. The parties’ agreement on the use of 4 Contractor’s ESHS  Bidders/Proposers are now required to the provisional sum would Management Strategy submit, as part of their Bid/Proposal, ESHS be subject to the Bank’s and Implementation Management Strategies and No Objection. Plans Implementation Plans required to manage the key ESHS risks of the project.  Civil works contractors and supervising engineers  The suitability of these strategies and plans would be required to can be assessed as part of the Bid/Proposal include dedicated staff evaluation, and discussed during pre- with appropriate contract discussions, as appropriate. qualifications and experience to manage  These strategies and plans will become part specific social and of the Contractor’s Environmental and environmental impacts. Social Management Plan (C-ESMP). As part of contracts for  Particular Conditions of Contract now supervising engineers: include provisions relating to C-ESMP, e.g.:  Clients would be required to share all progress and - a requirement that the Contractor shall other technical reports not commence any Works unless the received by the Engineer is satisfied that appropriate supervising engineers measures are in place to address ESHS with the World Bank. risks and impacts; - at a minimum, the Contractor shall apply the plans and ESHS Code of Conduct, submitted as part of the Bid/Proposal, from contract award onwards. 5 ESHS Performance  The successful Bidder/Proposer is now Security required to provide, in addition to the standard Performance Security, an ESHS Performance Security (the sum of the two “demand� bank guarantees, normally not to exceed 10 percent of the contract price). 28 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017  The ESHS performance security is in the form of a “demand� bank guarantee.�  The application of this provision is at the Borrower’s discretion. It is recommended for contracts where there is significant ESHS risks as advised by Social/Environmental specialist/s. 6 ESHS Provisional  An additional provisional sum, specifically Sum for ESHS outcomes, may be included in the Request for Bids/Proposals documents, and eventual contract. Normally, the payment for the delivery of ESHS requirements shall be a subsidiary obligation of the Contractor covered under the prices quoted for other Bill of Quantity/price items. 7 Key ESHS Personnel  Bidders/Proposers are now required to demonstrate that they have suitably qualified ESHS specialists among their Key Personnel.  Key Personnel must be named in the Bid/Proposal, and in the contract.  The quality of the proposed Key Personnel (including ESHS specialists) will be assessed during the evaluation of Bids/Proposals.  The Contractor shall require the Employer’s consent to substitute or replace any Key Personnel.  The Engineer may require the removal of Personnel if they undertake behavior which breaches the ESHS Code of Conduct, e.g. spreading communicable diseases, sexual harassment, GBV, illicit activity, or crime. 8 ESHS Reporting  Contracts now contain specific ESHS reporting requirements. These relate to: - ESHS incidents requiring immediate notification - ESHS metrics in regular progress reports. 9 ESHS considerations  As part of variation procedures, the during contract Contractor shall provide relevant ESHS variation information to enable the Engineer to evaluate the ESHS risks and impacts. 10 Ability to withhold  Contracts now contain provisions allowing interim payment interim payments to be withheld where there is a failure to perform an ESHS 29 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 obligation. 11 ESHS considerations  The standard Request for Proposals for included in civil works consulting services now include ESHS Consulting Services considerations to apply to the supervision of civil works. 13. Global review and staff guidance on labor influx issues A draft guidance note for staff A guidance note for staff “Managing the Risks of Adverse Impacts on has been prepared by a Communities from Temporary Project Induced Labor Influx� was issued by working group and internal December 1, 2016, and disseminated to all Bank operational staff. Based on the review was completed on above guidance, a portfolio-wide review of projects across the Bank is being October 4, 2016. Consultation carried out to ensure that pertinent issues are being appropriately addressed where with external public and they arise. The review is expected to be completed in April 2017. To complement private sector stakeholders will the Guidance Note, a resource web site was established for staff to access key be completed by November documents, such as codes of practice for preparing Traffic Management plans, 15, 2016. The guidance note and examples of key documents. An approach for implementing effective “Codes will be issued and staff of Conduct� by companies to address GBV and violence against children (VAC) training will be initiated by has been developed and is being pilot tested in three Pacific Island companies. A December 1, 2016. draft Guidance Note has been prepared to improve occupational health and safety implementation and will be pilot tested in the second quarter of 2017. Efforts are Based on the above guidance, underway to develop standard reporting requirements for occupational health and a portfolio-wide review of safety on projects. projects across the Bank will be conducted to ensure that pertinent issues are being appropriately addressed where they arise. All Task Team leaders will be required to review civil works contracts that they manage with a view to (i) the size and characteristics of any labor influx; (ii) the existence and implementation of any mitigation measures in the environmental and social management plan; and (iii) whether problems identified in the environmental and social management plan or similar to those arising under the TSDP have arisen, or are likely to do so. Where needed, project- specific action plans responding to the findings of this review will be prepared and implemented. 14. Global Gender-Based Violence Task Force The World Bank Group A Global Gender-Based Violence Task Force has been formed to strengthen the President has formed a Global institution’s response to instances of GBV encountered as part of its operations. Gender-Based Violence Task The Task Force includes a range of members from academia, NGOs, foundations, Force to strengthen the UNICEF, and government. The Task Force is on track to deliver its report in June institution’s response to 30 Inspection Panel – Management Action Plans – Status Overview Proposed Actions Status Update as of February 24, 2017 instances of gender-based 2017, and the Bank will follow up on its recommendations. violence encountered as part of its operations. The Task Force will include a range of members from academia, NGOs, foundations, UNICEF, and government. The Task Force is expected to deliver its report within nine months, and the Bank will follow up on its recommendations. 15. Internal review of lessons learned Management has A report on “Lessons Learned and Agenda for Action� from the Uganda TSDP – commissioned an internal Additional Financing and the implications of those lessons for future Bank- report on the lessons that can supported projects in similar situations, has been prepared and disseminated to all be learned from the Uganda staff, and also made publicly available. To further disseminate the TSDP Transport Sector Development experience and lessons learned, extensive communications and outreach have Additional Financing and their been undertaken in Uganda including with CSOs, with the media, with implications for future Bank- development partners working in the transport sector, and with the Local supported projects in similar Development Partners Group in general. These discussions have been candid and situations. The report will be very productive. The intention has been to share the lessons learned from the made public by the end of TSDP experience, and to discuss the different measures and options available to October 2016. address GBV, and other social, labor, environmental and contractual issues in the transport projects of all development partners in the country. 31