May 2018 Overview of Status of Implementation of Ongoing Management Action Plans Prepared in Response to Inspection Panel Investigation Reports # PROJECT LATEST NEXT PROGRESS REPORT PROGRESS DUE REPORT1 1 Albania – Integrated Coastal Zone 4rd progress report, Final Note upon completion of all Management and Clean-Up Project January 2012 court proceedings in Albania (IPN Case #47) (no predictable timeline) 2 Nepal – Power Development Project 2nd progress report, 3rd progress report (IPN Case #90) August 2017 August 2018 3 India – Vishnugad Pipalkoti Hydro 3rd progress report, 4th progress report, Electric Project November 2017 November 2018 (IPN Case #81) 4 Kenya – Electricity Expansion 2nd progress report, 3rd progress report, Project April 2018 April 2019 (IPN Case #97) 5 Uganda – Transport Sector 2nd progress report, 3rd progress report, Development project (IPN Case #98) April 2018 April 2019 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. 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. 2 Inspection Panel – Management Action Plans – Status Overview 3 Inspection Panel – Management Action Plans – Status Overview 2. 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 4 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. 5 Inspection Panel – Management Action Plans – Status Overview 3. 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 6 Inspection Panel – Management Action Plans – Status Overview PANEL FINDING STATUS OF MANAGEMENT ACTION being discussed with Hatsari as part of its overall compensation 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. 7 Inspection Panel – Management Action Plans – Status Overview 4. Kenya - Electricity Expansion Project First Progress Report on the implementation of Management’s Action Plan in response to the Inspection Panel Investigation Report (#97705-KE) on the Kenya Electricity Expansion Project ((IDA Credit No. 4743-KE), April 4, 2018 DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category A) Identification of Project Affected Persons 1) Ensure that Project - KenGen will convene a post-RAP Completed Affected Persons who clinic where the cases of the 200 Notices were issued for the clinic in Kiswahili, believe that they have individuals whose names were English and Maa languages to all the Olkaria been left out or wrongly submitted by the complainants villages and announced in all churches on October categorized understand will be re-examined and a 9, 2016. that they can bring decision on their entitlements forward such claims made on a case by case basis. This Completed. will be witnessed by KenGen convened a post-resettlement clinic on representatives of: the Council of October 24-28, 2016. All the complainants that Elders (CAC), RAP appeared for the clinic were interviewed Implementation Committee individually by the evaluators and given the (RAPIC), KenGen, GIBB opportunity to present witnesses and evidence. Consultants, EIB-CM, World The evidence and witness statements were Bank, and Ministry of Energy and evaluated by the panel to reach a conclusion. In Petroleum. The Deputy County total 236 cases were analyzed, including those Commissioner for Naivasha Sub- who appeared during the clinic without their county or his representative, will names having been mentioned during the preside over the clinic. mediation or appearing in the lists presented - KenGen will publicly announce during the clinic. the dates and venue of the clinic in Evaluators convened a validation session to Kiswahili and Maa languages at collect more evidence from complaints of interest least 2 weeks in advance to the from November 28 to December 2, 2016. Eight community through complainants’ complainants who were determined to have representatives, RAPIC, succeeded in their appeal were interviewed and Mediators, World Bank, and EIB- their names submitted to KenGen. The results of CM. the post-resettlement clinic were communicated to RAPIC on May 5, 2017 and community representatives for the mediation on May 4, 2017. KenGen delivered letters to all the 114 individual complainants who appeared during the clinic; complainants whose names were received during mediation and did not appear for the clinic will receive feedback upon request. 2) Review claims and - KenGen commits to provide Ongoing. confirm or revise the additional houses at RAPland for Five (5) eligible PAPs wrongly omitted from entitlements where those Project affected people who housing entitlements were identified. The third justified were found eligible and who were and final phase of the clinic, which involved wrongly omitted, based on the interviews with each of the five (5) PAPs eligible outcome of the verification (under for resettlement compensation in kind (houses), A 1). was concluded on January 25, 2017. The disclosure of summary report to RAPIC and other 8 Inspection Panel – Management Action Plans – Status Overview DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category stakeholders was done during the week of May 4, 2017. The five plots at RAPland for five additional houses were identified and pegged on May 17, 2017 by RAPIC and CAC. KenGen’s Board of Directors also approved construction of the additional five (5) houses and a budget was provided. The contract was awarded on January 5, 2018 for the construction of the five houses, following a competitive procurement process, with a completion period of 4 months. The houses are about 45 percent complete and are expected to be completed in May 2018. - KenGen commits to provide any Completed cash compensation for those The 3 PAPs found eligible for cash compensation Project affected people who were for loss of structures in accordance with the found eligible and who were compensation package in the RAP/MoU were wrongly omitted, based on the fully compensated on November 21, 2017. outcome of the verification (under Monitoring of the vulnerable PAPs is ongoing A 1). until closure of the RAP process. B) Consultation, Participation and Grievance Redress 1) Review the Grievance and - KenGen will update and improve Completed Complaints Handling the current grievance redress Consultative meetings with the Bank were held to Mechanism (GCHM) and structure to ensure that it is discuss the weaknesses of the GCHM and ways of discuss with Project independent and effective. addressing the gaps to ensure its independence affected people possible - KenGen will also consider and effectiveness were agreed. adjustments to improve its community proposals for the functionality. Completed design of the grievance redress structure to ensure that traditional The community presented a proposal for community structures are reflected strengthening of the GCHM on February 15, in such a mechanism. KenGen 2018. The proposal was adopted and GCHM will will reach out to community henceforth have 13 members (an increase of 5 representatives to obtain such members). proposals. 2) Facilitate participation of - KenGen will promote enhanced Completed Project affected people, representation of youth in future Elections for members of a new SCC for the including women and Stakeholder Coordination upcoming Olkaria V and Olkaria I Additional youth, in community Committees (SCC) to facilitate Unit 6 projects were completed on January 30, committees and facilitate communication on job 2017. These projects are not Bank financed. The access to livelihood opportunities as they arise. elected members included 7 women and 8 youths. restoration opportunities RAPland youth will be mobilized The new SCC was launched on February 2, 2017. to nominate their representative An induction program was implemented on March and forward the name to KenGen 17, 2017. for inclusion into the SCC membership. This will enhance 9 Inspection Panel – Management Action Plans – Status Overview DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category youth participation in Project implementation. - KenGen will engage with the Completed National Youth Service (NYS)2 to Sensitization for RAPland youth by the NYS was seek to create a partnership for done on April 6, 2017. The RAPland youth were RAPland youths; the National offered four (4) positions in NYS, two youths Youth Service, a government from the RAPland village were picked and are department, will ensure the youth currently undergoing training. Sixty-nine (69) have access to technical skills persons from the RAP community attended the training and apprenticeships in sensitization meetings NYS programs. different fields, leading to job placement opportunities. - KenGen will promote enhanced Completed representation of women in future The SCC for the Olkaria I and IV had 56 SCC to enhance their participation community representatives, out of which seven and to facilitate communication on were women and only one was a youth job opportunities as they arise. representative. The current SCC for the Olkaria V KenGen will reach out to project has fewer community representatives at RAPland women to nominate 38. However, the number of women their representative and provide representatives has been maintained at seven, and the names for inclusion into the youth representatives increased to eight. SCC. - KenGen will consider additional Completed. Project affected people from KenGen facilitated community meetings in existing community sub-project October, November and December 2016, to committees for inclusion in discuss the need to submit to RAPIC Chairman, RAPIC; these will be drawn from proposals for additional representatives from the among youth and women to existing community sub-project committees to be enhance their representation in included in RAPIC, with preference for women RAPIC. and youth. KenGen wrote to the community through RAPIC Chairman on March 15, 2017 to submit additional names, preferably women and youth, for ratification and inclusion in RAPIC membership; so far KenGen has not received any proposal from the community. Since RAPIC will be dissolved with the completion of the resettlement process, this action is no longer relevant. - KenGen will ensure that every Completed. Project affected person has access KenGen has identified vulnerable PAPs and to the measures proposed above created a database, with priority given to them on and specifically that the most employment opportunities. KenGen arranged vulnerable are given priority extensive trainings of PAPs by several access to unskilled and semi- government ministries, departments and bodies skilled employment and training and a financial institution on a wide variety of programs conducted by KenGen. topics such as livestock management, 2 The National Youth Service is a government department. The purpose is to alleviate youth unemployment by providing necessary skills. 10 Inspection Panel – Management Action Plans – Status Overview DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category entrepreneurship and business management skills, welfare and cooperative societies management, water systems operations, opportunities in youth and women government funds, youth opportunities under NYS, government safety nets for the vulnerable, public health, available government procurement opportunities for youth and women, among other aspects. The trainings were carried out by the ministries/departments such as Labour and Social Protection; Youth Enterprise Development Fund; Women Enterprise Fund; Industrialization, Trade and Co-Operatives; Water; Livestock; Veterinary; Health; NYS; and Equity Bank. The vulnerable PAPs were also trained on financial literacy by the consultancy firm that was engaged for capacity building programs. C) Adequacy of Resettlement Site and Infrastructures and Amenities 1) Ensure finalization of the Land Titles: Ongoing. land titling process for the - KenGen will transfer titles for 1,500 acres Community Land: 1,700 acres3 at RAPland 1,500 acres at RAPland and 14 and for 14 acres for the The title for the 1,500 acres of community land acres at the Cultural Center to the has been ready for transfer to the community since Cultural Center Project affected people. KenGen November 2016. The transfer process was will complete the process of title awaiting the PAPs’ Welfare Society’s election of transfer once the community has its registered trustees, which took place in January nominated and registered the 2018. The Welfare Society trustees signed the trustees holding the land on behalf transfer forms for the 1,500 acres and for the of the community. cattle dip on February 16, 2018. The transfers were lodged with the Ministry of Lands for registration and issuance of titles on March 5, 2018. Titles are expected to be issued by May 2018. Ongoing. 14 acres Cultural Center Land: The title for the 14 acres of community land has been ready for transfer to the community since November 2016. The Cadastral Survey and placement of beacons have been completed and the data survey files were submitted to the Survey of Kenya for approvals and production of deed plans. Next steps by May 2018: • - Approval of the Deed Plan by the Survey of Kenya 3 1,500 acres of community land and 200 acres of social amenities, e.g., roads, school, dispensary, social hall, etc. 11 Inspection Panel – Management Action Plans – Status Overview DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category • -Application to the Land Control Board for Consent to transfer title for the 14-acre parcel to Welfare Society • - Lodging documents required for transfer and registration of titles. - Transfer and registration of title deeds for Cultural Center land (14 acres) in the name of Ewang’an Sinyati Welfare Society through the trustees. - KenGen will process and hand out Ongoing. subdivided titles for public Olkaria primary school, Baptist church, and facilities on RAPland, such as dispensary have applied to National Land road network, health facility, Commission for allotment of land. school, and other registered social amenities (e.g., churches). Olkaria secondary school, Gospel assembly and Open Gate church have not applied as they are still pursuing registration of the respective institutions. - KenGen will provide RAPIC with Completed. the RAPland map sheet and accounts for the 200 acres of social amenities. - KenGen will revisit and confirm Completed. with surveyors and community members the boundaries of the 14 acres of Cultural Center land. - KenGen will fence the 14 acres of Ongoing. the Cultural Center and provide signs to protect against The works are 45 percent complete; as of March encroachment, unauthorized 2018. Initial completion date was April 2018, but access and theft. has now been revised to May 2018. Signage design, fabrication and mounting is expected to be completed as soon as fencing works are complete. - KenGen will support community Completed. efforts to ensure complete vacation of the Cultural Center, and jointly inspect the situation upon completion. 2) Ensure finalization of Water supply: Completed. RAPland infrastructure, - KenGen will continue to ensure including water supply and reliable interim water supply The water line re-routing and rehabilitation works roads through KenGen water bowsers were completed in January and February 2018, while the RAPland waterline is which improved water supply significantly. being restored. However, low water pressure continues to be a challenge due to inadequate storage and illegal connections by households. To address this challenge, KenGen is constructing a 200,000-liter storage tank dedicated to PAPs, which will be 12 Inspection Panel – Management Action Plans – Status Overview DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category completed by June 2018. KenGen supplies water to RAPland when supply challenges occur. - KenGen will repair and extend a Completed. permanent water pipeline in RAPland. - KenGen will support the Completed. establishment of a Water Resource Users Association in the RAPland water sub-committee trained on March community to ensure 15, 2017 and awareness created for the wider PAP sustainability of the water lines community on water conservation initiatives. and systems and ownership by Project affected people of water management and conservation initiatives. - KenGen will procure a consultant Completed. to train Project affected people on The RAPland water sub-committee has been water harvesting (e.g., collection trained on maintenance and management of the from roofs and storing in tanks) water line, and the wider community sensitized on and conservation, and on water conservation and harvesting. maintenance of water line systems. - KenGen will re-route main water Completed. pipeline away from the road sides and build bridges to support the Repair and extension works are completed. pipes over the gullies to avoid recurring damage to the line. - KenGen will repair the main water Ongoing. storage tank at Olkaria IV and install one additional water tank. KenGen is constructing a 200,000-liter water storage tank dedicated to the community and a diversion for the Cultural Center, which is expected to be completed by June2018. Roads: Ongoing. - KenGen will repair the road to Gully rehabilitation is ongoing. There have been unreachable houses beyond the 2,800 gabions constructed and rehabilitation of school. nine gullies is over 90 percent complete. Construction of storm water drainage channels and work on one more gulley have recently started. Completion of all works is expected by June 2018. - KenGen will provide short-term Completed. solutions for flood related road conditions, such as creating temporary routes while the main road is under repair. 13 Inspection Panel – Management Action Plans – Status Overview DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category - KenGen will upgrade RAPland Completed. The rehabilitation works for the roads to all-weather condition, carriage way are complete. according to the standards of Kenya Rural Roads Authority (KeRRA). - KenGen will register and hand Ongoing. over the roads to KeRRA to KenGen initiated discussions with KeRRA on ensure government maintenance 1 inspection, handover and maintenance program year after receipt of the upon receipt of completion certificate. completion certificate. - KenGen will review feasibility of Completed. using box culverts across gullies, The review suggests there may be some scope for as suggested by community. box culverts in selected locations, and this is being discussed further. - KenGen will maintain roads for at Ongoing. least one year after completion of works (receipt of the completion certificate), prior to handing over to KeRRA. - KenGen will identify the areas Completed. where additional road repairs are Repairs have been carried out in high priority needed and carry out such repairs. locations and others are being scheduled. Others Completed. - KenGen will provide bookshelves The Bookshelves were delivered and installed. for school library. - KenGen will deliver remaining Completed. medical clinic equipment. The remaining medical clinic equipment was delivered. - KenGen will provide clinic Ongoing. shelves, repair fence, fabricate and Clinic shelves were completed. Works for install Kraal gates, and discuss fabrication of 345 Kraal gates and fence repairs at staffing issues with county RAPland were completed on July 30, 2017. government to achieve improved KenGen wrote to the Ministry of Health, Naivasha staffing of the county-run clinic. Sub-county to consider providing additional support staff to the clinic and a response is still awaited. An additional clinical officer had been posted to the clinic in late March 2018. 3) Ensuring - KenGen will identify four major Ongoing. rehabilitation/restoration gullies that require stabilization 2,800 gabions were constructed and rehabilitation of land at resettlement site and procure a contractor to of nine gullies is over 90 percent complete. undertake the required works. Construction of storm water drainage channels and work on one more gulley recently started. Completion of all works is expected in June 2018. - KenGen will undertake studies Completed. with technical experts to assess and recommend practical and 14 Inspection Panel – Management Action Plans – Status Overview DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category sustainable interventions to RAP productivity assessment done and activities improve soil stability, erosion for implementation by KenGen, community and prevention, productivity of pasture the local government recommended. and smallholder agriculture, as well as the below actions: a) Procure a Consultant to undertake RAPland Improvement Studies. b) Mapping of key environmental Completed. The study, which was completed in problematic areas (highly eroded December 2017 has identified additional measures areas/ unstable areas). that KenGen, the community and the local government could implement to improve land productivity and soil stabilization. KenGen has expressed commitment to implement the activities specifically identified for KenGen. c) Soil testing for purposes of Completed. determining appropriate vegetation and fodder crop species for the area. d) Raising of fodder crops and other Completed. plant species at KenGen tree KenGen will provide seedlings by mid-2018. nursery. e) Identification of land Completed. rehabilitation and improvement measures, including soil stabilization and soil control measures, and land productivity improvement measures. f) Technical assessment of soil Completed. stability and recommendations on sustainable interventions (productivity of pasture and smallholder agriculture) and supervision. D) Livelihood Restoration 1) Have an independent post- - KenGen will share with the Completed. relocation survey done to community representatives the determine the overall post- criteria used for assessing relocation impacts on the vulnerability with RAPIC by June Project affected persons, 30, 2016. in particular, vulnerable - KenGen will reassess the status of Completed. and poor people affected the six individuals whose names by the Project KenGen received nine names from the community were submitted in addition to the and vulnerability assessment was completed on eight individuals already December 2, 2016; only three met the identified by KenGen and vulnerability criteria. This was disclosed to communicate the result of this re- RAPIC on May 4, 2017. assessment. 15 Inspection Panel – Management Action Plans – Status Overview DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category 2) Formulate tailor-made - KenGen will continue support of Ongoing. programs to ensure RAPland Olkaria Primary Pupils As of 2017, KenGen had granted six secondary livelihood activities for the through scholarships. school scholarships that cover school fees, vulnerable and the very uniforms and other expenses to the RAP poor among the Project community: three girls and three boys who met affected persons (as the criteria agreed in the MoU. In 2018, only one identified through the student met the requirements for the scholarship survey) are enhanced. and he was supported. Continue to work with - KenGen will support the disabled Project affected Completed. vulnerable Project affected people persons to ensure by linking the elderly and orphans Targeted information session by the Government accessibility of houses and to the national government social line ministries on existing opportunities – such as facilities provided at safety nets as well as linking the the social safety programs, Uwezo funds, Women RAPland Naivasha Sub-county Medical Empowerment trust fund, Youth Fund – was Officer Health with the Kenya conducted between March 14 and 18, 2017. Palliative Care Society to train The community members were also advised about and build capacity of the local the offices where they can obtain more support. health unit and community to administer palliative care. - KenGen will consult with every Completed. vulnerable household head and identify sustainable actions for the The recommendations of the vulnerability identified vulnerable Project assessment reports have been implemented affected people and agree to (November 21–24, 2017). implement them. Completed. - KenGen will review the access issues raised by handicapped KenGen received only one access issue from a community members at RAPland handicapped PAP, and a ramp from her house to with a view to either relocate them the toilet was constructed. inside RAPland or make needed adjustments to their housing, for better access. 3) Formulate training and - KenGen will procure a consultant Completed. other programs and advise to undertake a feasibility study to The feasibility study and proposed business plan Project affected people on assess potential business and has been completed and provided to the PAPs income restoration employment opportunities. Based options, including for on the study’s findings the youth and women consultant will carry out training needs assessments, develop and deliver the required training for: - Women. Train, advise and Completed. support women traders and The trainings are complete, final training report Project affected people on has been submitted to the Bank. sustainable production of wares, advertising and marketing of wares, and alternative incomes beyond livestock and tourism, 16 Inspection Panel – Management Action Plans – Status Overview DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category e.g., agricultural production, entrepreneurships, craftworks, etc. - Cooperatives. KenGen will Completed. deliver the training for forming An officer from the Cooperative Department was trading groups and cooperatives. brought in by KenGen to conduct the training for groups on March 16, 2017. - Marketing. KenGen will advise Ongoing. and support Project affected Once the PAPs reestablish the Cultural Center, people to advertise and effectively KenGen will advise and assist in marketing. market their wares. - Micro-finance facility. KenGen Completed. will explore possibilities of starting a micro finance facility to Preliminary discussions with microfinance banks ensure access to small business occurred. PAPs were informed about possibilities finance at RAPland to access the Youth Fund and the Women Empowerment Fund on March 16, 2017. Equity Bank, a local microfinance institution, sensitized the RAPland community on available microfinance opportunities. 4) Support provided to the - KenGen will fence the Cultural Ongoing. Cultural Center Center land and provide signage to protect from encroachment. Works are 45 percent complete. Signage design and fabrication is expected to be completed on completion of fencing, - KenGen will support community Completed. efforts to ensure Cultural Center is vacated and facilitate a joint inspection of the situation at the Cultural Center. - KenGen will support preparation Completed. of a feasibility study on potential business development plan for the The final report has been submitted to the Bank Cultural Center (i.e., identify and KenGen. existing businesses, their The reports have been disclosed to PAPs. performance, challenges, and ways of improving, and identify feasible ecotourism business options). 5) Offer support to manage - KenGen will provide awareness Completed. the funds generated from raising among Project affected leasing out the bus to people about the Welfare Society Information session carried out for wider PAP ensure cost effective and to promote ownership and community and Welfare Society committee affordable transportation participation among the members on March 27, 2017. for those Project affected community. The Welfare Society has been trained and sensitized by the Cooperatives officer. 17 Inspection Panel – Management Action Plans – Status Overview DETAILED STATUS Action Action implemented/timeline OF ACTIVITIES IN THE MAP Issue/ Action Category persons whose income - KenGen will provide training in The Welfare Society was trained on accountability depends on commuting corporate governance and and governance by the capacity building accountability to the Project consultants in March 2017. affected people's Welfare Society to enhance its capacity to manage their assets (including bookkeeping, accounting, annual reporting trusteeship, society elections). - KenGen will convene a meeting Completed. with the participants of the The Welfare Society and the Cultural Center mediation process to consider Management Committee had an agreement which community proposals to resolve was implemented for only two months. the transport issue. Submit proposals to the mediators to The transport issue (not part of the MAP) remains resolve the transport issue at the unresolved, due to the continued deadlock in the June 3, 2016 meeting. Maasai Community, discussed below. - KenGen will participate in all Ongoing. further discussions and meetings There is a stalemate on the transport issue. as may be convened and required KenGen will participate in any discussions to resolve the issue of maximizing initiated by the community or Welfare Society. the availability of transport facilities for the community. E) Bank Safeguards Capacity and Supervision 6) Ensure strengthened - Management will retain Lead Completed. safeguards coverage of the Safeguards Specialist based in entire portfolio Nairobi to advise on complex social safeguards issues, support quality control, and advise on the country program. The specialist will also support coordination and monitoring of the safeguard performance of the country portfolio; - Management will hire additional specialist consultants to ensure effective supervision of safeguards; - Management will intensify training of safeguards specialists, specifically to strengthen skills in managing complex social issues; 18 Inspection Panel – Management Action Plans – Status Overview 5. Uganda – Transport Sector Development Project Second 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), April 30, 2018 DETAILED STATUS OF ACTIVITIES IN THE MAP Actions Status Update as of March 2018 1. Remediation for child survivors of abuse The Bank-funded Emergency Child The Bank, through the ECPR program, implemented by the Protection Response (ECPR) has globally reputable Uganda-based NGOs, BRAC and TPO, met key made progress in meeting immediate commitments in addressing the material and psychosocial needs of material needs and addressing the the identified survivors of sexual abuse in the Project area. psychosocial needs of the survivors of The Bank has continued to monitor legal redress regarding child sexual abuse, without discriminating sexual abuse cases in the Project area. No new cases have been between cases associated with road reported to the justice system since October 2016. workers and those associated with other perpetrators. The ECPR reached a total number of 1,061 girls in the TSDP area through 35 Empowerment and Livelihoods for Adolescents Clubs. This assistance, which has been The club activities included life skills training, psychosocial implemented by reputable NGOs support, medical support through Village Health Teams and referral (BRAC and TPO), will be continued to existing Government health service providers. A total of 37 girls at least for the next twenty-four have completed vocational training in various income generation months through the following activities and have received start up kits for their enterprises. ECPR modalities: activities concluded in July 2017, with the introduction of a more • BRAC’s contract was extended sustainable and more comprehensive program. MGLSD in through April 2017. BRAC coordination with District Governments will continue to support continued supporting: (i) life provision of prevention and response services related to sexual skills training, school violence against children in the Kamwenge and Kabarole Districts, reintegration for girls who have through the RSR Grant funded program, SCOPE. dropped out of school, financial The UNRA social team will continue to collaborate with MGLSD literacy and apprenticeships; (ii) to consolidate the ECPR achievements including lesson learning psychosocial support and and possible replication of good practices in other road projects, counseling for survivors of sexual including the implementation of the enhanced social components violence and their families; (iii) under the ARSDP and NERAMP projects. health care support, including 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 survivors of abuse to meet basic needs; and (v) support in seeking legal redress. • Following the completion of the BRAC contract, key elements of the above support will continue under the RSR Trust Fund Grant (described in Action 10, below). • Management notes the recent improvements in Government 19 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 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 For sustainability and continuity purposes, the Bank secured, on support will be provided to local behalf of the GoU, an RSR Grant of US$673,000, which was signed governments and affected and became effective on January 25, 2017. Under this Grant, the communities in the Project area to GoU is implementing the SCOPE project. SCOPE is providing strengthen their capacity to prevent local governments and communities in selected locations in the and respond to GBV. Kamwenge and Kabarole Districts with support to strengthen the prevention and response services related to VAC. Full The Project area will be one of the implementation of the SCOPE by specialized civil society targeted areas of support under the organizations (World Vision, International Justice Mission/Joy for RSR Trust Fund, which is expected to Children and BRAC Uganda) and district local governments started become effective in January 2017 (see at the beginning of October 2017 following a harmonized work Action 10, below). Within the Project plan. SCOPE activities focus on: (a) improving access by child area, the RSR will support: (i) efforts survivors of sexual violence to an essential package of services, (b) to reduce social acceptance of GBV preventing VAC and GBV; and (c) strengthening capacity of the through community-based behavioral MGLSD and district authorities to coordinate, monitor and ensure change interventions; (ii) the quality of services for GBV survivors. strengthening referral systems for youth at risk; and (iii) enhancing the SCOPE also supports a set of evidence-based community capacity of community-based interventions that promote behavioral change to reduce facilitators such as village health acceptability of GBV; these interventions will be carried out in teams, local council leaders, crime communities and schools. They represent an important strategy for preventers, and religious and cultural preventing violence in the long term. leaders to respond to GBV. Through the use of the RSR grant, a concerted effort has been made to strengthen the response to incidents of sexual violence by key legal institutions such as the police, the judiciary and the medico- legal sector in a bid to improve capacity to enforce laws, reduce bias and mistreatment, increase children and women’s access to the legal system, improve the quality and comprehensiveness of survivor services, improve legal protection for women and children in danger and increase coordination with other sectors that provide services or work on violence prevention. Examples of specific initiatives have included procedures and protocols to improve the response of police, judges, forensic doctors, and other professionals, investment in resources and equipment, sensitization and training of justice system professionals and monitoring mechanisms. UNRA has been instrumental in creating partnerships between government and NGOs. There have been clear benefits from this 20 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 collaboration. Both groups have a critical role to play and can achieve more together in making changes than if they work alone. For example, at the community level, specialized NGOs on community mobilization have focused on increasing community support in defense of women’s legal and civil rights and access to justice, strengthening networks of legal rights services and increasing community action to bring perpetrators to justice. While this partnership is an important step toward improving cooperation between government and civil society in regard to GBV-related issues, the sustainability of this partnership will require continued commitment from both sides over a long period of time. 3. Resettlement compensation RAP implementation on the Fort Portal – Kamwenge Road is close The GoU has committed to complete to conclusion. As of February 22, 2018, 98 percent of claimants land acquisition and compensation (2,949) had received all compensation due (4 percent more than in payments to Project-affected people, the previous reporting period). UNRA is working on compensating in line with national laws and Bank the remaining 2 percent of claimants (60) and has deposited the policy requirements, by no later than required funds in an escrow account so that the resources will be March 2017. The satisfactory readily and securely available once claimants’ cases are resolved. completion of this process is one of UNRA has been pursuing due diligence to ensure that these the conditions for the reappraisal of claimants are paid with the least possible delay. Compensation the suitability of UNRA to implement payments have not been made for these 60 claimants for various Bank-financed projects, and any reasons, as detailed below; future Management decision to lift the suspensions of the civil works (i) Absentee claimants (26): These have failed to turn up and components of the ARSDP and claim their compensation awards. They were given individual NERAMP. letters through the local councils inviting them to the To address continuing delays in verification exercise, and their names were published in the completing this process, as well as local and national print media, but they have yet to respond. other resettlement issues noted in the (ii) Encumbrances (2): Some claimants have mortgaged their land Panel’s Report, the Bank will: titles with financial institutions and therefore the process (i) Recruit qualified experts to work involves a third party. Appropriate legal procedures are being directly with UNRA to assist it to followed in the resolution of these cases. (1) determine the reasons for the (iii) Lack of original documents (9): Claimants who do not have continued delays in payment of their original titles and need replacements have yet to be compensation and put in place an compensated because the duplicates can only be issued by the effective strategy for addressing Ministry of Lands. The process is lengthy and assistance from them as necessary; (2) ensure that UNRA is being provided so that the claimants can obtain these all outstanding and new claims titles. are appropriately addressed; (3) determine whether there were (iv) Disputed ownership (11): Some of these affected properties are impacts that have not previously under disputes in courts of law or at local level. Compensation been taken into account can only be completed once the due course of the law has (livelihoods/loss of business identified the rightful ownership. Other cases are being income, vulnerable groups) for monitored through the GMCs at village level. which compensation or assistance may be required; (4) ensure (v) Deceased claimants (8): The law requires that letters of continuing consultation with administration be presented in the event that the rightful owner Project-affected people and a is deceased. This has been a major constraint because these well-functioning grievance claimants are orphaned, elderly and widows who are not in a mechanism; and (5) monitor position to acquire the letters. Legal redress and assistance is implementation and provide being sought on their behalf. fortnightly progress reports. (vi) Valuation (4): Some claimants firmly rejected the 21 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 Recruit a separate compensation packages awarded by the Chief Government expert to conduct an Valuer. Their awards have been deposited in the escrow audit to confirm account pending court decision on the matter. satisfactory implementation of the The Bank also commissioned an audit, completed in February process under (i) at its 2018, of the RAP implementation process on the Fort-Portal– completion. Kamwenge Road, which concluded that compensations (ii) Assign one or more Kampala- guidelines provided in the Project’s RAP were generally not based Bank specialists to monitor complied with during its implementation. This was primarily and support the above process, due to a number of inadequacies that included poor with oversight from a Bank Lead documentation of the process, inadequate staffing, lack of Social Development Specialist. funds, and weak administrative procedures. UNRA has worked to rectify these shortcomings and has established a new in- house compensation system involving multi-disciplinary experts. Recommendations from the report include, among others, an improved stakeholder engagement mechanism, integration of livelihood restoration measures, attention to vulnerable Project-affected people, the establishment of functioning GMCs, and the involvement of additional social staff in the process. The Bank is working with the Borrower to implement the recommendations identified. 4. Construction defects that have livelihood and safety impacts The Bank will continue to support The construction works were substantially completed and UNRA and the Supervising Engineer, provisionally accepted on July 11, 2017. The updated Notice to to ensure that the Contractor fulfills its Correct Matrix from the Supervising Engineer confirmed full contractual obligations, and takes the compliance on all items, by the substantial completion of works necessary corrective measures to date. A twelve-month Defects Notification Period (DNP) address ongoing problems, including commenced immediately thereafter. A detailed snag list was those related to: (i) road access, (ii) compiled and issued to the Contractor to remedy the defects within drainage, (iii) damaged community the DNP. The necessary corrective measures to substantially water sources, (iv) incomplete address the problems related to: (i) road access, (ii) drainage, (iii) installation of road safety devices, (v) damaged community water sources, (iv) road safety measures, (v) damage to structures from blasting, damage to structures from blasting, and (vi) unsafe location of and (vi) unsafe location of power lines, have been carried out as per the instructions provided transmission lines. by the Engineer when the works were provisionally accepted on July 11, 2017. Such measures continue to be obligations of the Contractor and are The Engineer, who was demobilized from the site as of July 31, covered by the Notice to Correct but 2017, is carrying out joint quarterly site inspections with UNRA remain incomplete. Effective and the Contractor to inspect the quality and progress of works management of the Contractor and included in the snag list. The taking over certificate was issued on satisfactory completion of these August 14, 2017 in accordance with the requirements of the corrective measures are key indicators contract, and it was agreed that the outstanding snag list of works in the reappraisal of the suitability of would be completed prior to October 10, 2017. A joint inspection UNRA to implement Bank-financed took place on October 19, 2017 and the Engineer updated the snag projects, and a key input into any list. Out of 46 items included in the list, 24 were fully addressed, 8 future Management decision to lift the were partially addressed and 9 were outstanding. The Engineer has suspension of civil works components instructed the Contractor to finalize all outstanding works on the of the ARSDP and NERAMP. snag list by then in order for the final payments under the contract Therefore, the Bank will: to be processed. An updated snag list that was prepared by the Contractor during the (i) Require that UNRA obtain site visit of the Bank team on February 7, 2018, and which is Contractor remediation, no later subject to the Engineer’s verification, shows all activities than November 30, 2016. 22 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 (ii) If Contractor remediation is not completed except five items associated with: (i) completion of the completed satisfactorily by the restoration of one borrow pit at km 167+740 due to ongoing above date, require UNRA itself to litigation and one quarry at Kamwenge; the Contractor notes that undertake the necessary corrective the residents disagreed with the fencing of the areas for these actions by no later than March 1, ancillary facilities; (ii) a proposed change of guardrails to handrails 2017 (if needed through a third- in two locations as the quantities of guardrails provided for under party contractor), deducting the the contract are exhausted; and (iii) a proposal to install reflective cost from the amount due under plates at different locations by the end of the DNP, to avoid risk of the contract. vandalizing. In addition, the Contractor has noted that it will not continue with the provision of two additional bus stops and one (iii) Provide the services of an tourist view point shelter at Km. 187.9 that were originally independent technical advisor to proposed as part of the Contractor’s Corporate Social evaluate the quality and Responsibility and are not payable items under the Project. The completeness of the corrective Contractor has demobilized nearly completely from the site, and measures, and to seek feedback camp sites have been restored. from the community that the problems have been rectified. The Contractor contributed towards purchase of 40 electric poles for the electrification of the area at Busoro quarry and paid for the installation of 6 domestic water stand pipes installed in Busoro village. Updates on specific actions are provided below: • Access points: Access points have been addressed, including provision of ramps, brick steps, and drifts, as per the Engineer's instructions, including the additional access issues that were noted during the snag list inspection that was carried out on October 19, 2017. However, not all access needs registered in the grievance logbooks have been addressed in the works contract. Affected people were informed about the procedures used in allocation of access points during the execution of works under the Project, and of the need for people to share access points. • Damaged community water sources: All water sources negatively affected by the road construction activities have been repaired and restored. The notable water sources affected by construction works during the reporting period were: (i) wetlands located at km 164.2 and km 172.6 (Bigodi); (ii) a gravity water scheme between km 149.3 and km 153.8 and (iii) spring water at km 189.6 and km191.0. • Road safety measures: Installation of speed control structures, speed bumps and warning signage and traffic signs has been completed as per the Engineer's instructions. Reflective plates on guardrails and handrails in two locations will be installed at the end of the DNP. Restoration of borrow pits, dump sites, and quarries: All restoration plans for the main campsite, Kiko crusher, Busoro quarry, Bukonderwa quarry and borrow pits used for material sources during the construction period were approved by the Engineer, submitted to NEMA by the Contractor and approved by NEMA on July 31, 2017. All borrow pits have been restored except one borrow pit at km 167+740, which the Contractor claims could not be fully restored as access to the site was denied due to court orders arising from a land ownership issue. 23 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 All quarries have been restored except the Kamwenge quarry, in which there was a conflicting request by the community on how the quarry is to be restored. There is pooling of water at the Kamwenge quarry and the Contractor has been requested to expedite restoration works and in the interim, provide safety measures including security personnel to deter children from swimming and animals from taking water at the quarry. • Drains: The Contractor has substantially completed the drainage works as instructed by the Engineer. The verification reports are expected as noted above. • Damage from blasting operations: The Kamwenge quarry was decommissioned on March 17, 2017. All the rocks and boulders in people’s gardens around the quarry were removed by the Contractor by March 31, 2017. An independent assessment of the value of compensation prepared by the UNRA Land Acquisition team was verified by the Chief Government Valuer and all the affected people at this quarry have been compensated. • Unsafe location of power lines: The relocation of all power lines that were overhanging private properties due to works under the Project has been completed with relocation of the poles within the road reserve. The last relocation took place in March 2017 at the Nkingo trading center at km 173. Houses that were within reserves and under power lines have been demolished following payment compensation. There are no pending relocations. • General: UNRA is currently identifying and addressing all valid complaints logged by the GMCs. UNRA has constituted a “backlog team� composed of land surveyors, land valuers, sociologists, structural engineers and the Fort Portal UNRA station manager, which has recently been deployed along the road to carry out this task. UNRA confirmed to the Bank that it expects to complete this process by June 2018. 5. Workplace and traffic accidents The Bank will work with UNRA to With UNRA’s concurrence, the Supervising Engineer engaged an ensure that outstanding payments are independent insurance expert to review and determine the adequacy made and that compensation amounts of compensation paid for accident victims. The insurance expert are appropriate and in line with continued his services until all cases were reviewed and the works national laws and regulations. The were substantially completed and provisionally accepted by UNRA. Bank will procure an independent Out of 53 accidents logged in the Project’s Accident Log by the technical advisor (Action 4) to assist date of substantial completion of the works on July 11, 2017, 31 UNRA in reviewing compensation victims had received compensation in accordance with the amounts and calculating any recommendations of the independent insurance expert. Of the 22 additional compensation that may be other accidents, 14 were solved through first aid provided at the required, by January 1, 2017. If it is time of the accident, 2 were identified as forgeries by the determined that additional independent insurance expert, and 5 could not be verified. In the compensation needs to be paid by the remaining case, the family of the victim of a fatal accident has Contractor, UNRA will insist on engaged a private lawyer and is claiming additional compensation Contractor compliance with this payment. UNRA is working to resolve the dispute so that the obligation. If any required payment is payment can be made as soon as the dispute is resolved. If the not made, the GoU has committed to 24 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 pay the required amount from its own resolution process is prolonged, the assessed compensation amount, resources, deducting the payment as recommended by the insurance expert, is deposited into UNRA’s from the amount due under the accounts by the Contractor. contract. 6. Wages and working conditions The Bank will continue to support Reviews undertaken by the Bank and UNRA found that the rates UNRA and the Supervising Engineer, paid to Project workers are similar to those for road construction to ensure that the Contractor fulfils its works in other regions of the country. Work permit requirements contractual obligations and takes the for foreign workers were addressed, and employees were issued necessary corrective measures to with contracts and identity cards. They were also provided with the address contract deficiencies and necessary worker welfare amenities, accorded the necessary rights working condition problems. to organize themselves and voice their concerns to relevant Improvement in the management of authorities, and are all subject to obligations per Ugandan labor the Contractor is a key indicator in the laws. reappraisal of the suitability of UNRA to implement Bank-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 Redress Mechanisms and Consultation The Bank will support UNRA to The RSR grant includes Bank-executed and Recipient-executed develop an accessible and effective, activities. Under the Bank-executed activities supported by the UNRA-wide GRM. This will include RSR, the Bank has been working with UNRA by providing the development of a grievance Technical Assistance (TA) to improve its GRM. As of January 19, redress process manual that will 2018, the outcomes of the TA include: (a) a harmonized GRM document the hierarchy of reporting manual including GBV/VAC cases, which was approved by UNRA levels and define the roles and management (pending minor changes) in December 2017 and is responsibilities for each level. This now in effect, (b) a citizen engagement strategy and plan under work will benefit from the diagnostic implementation, and (c) a revised GMC mobilization and training of UNRA’s existing grievance redress manual. Actions to be supported by the RSR in FY18 include: (i) mechanisms, which the Bank finalizing and validating the training manual, (ii) designing and undertook in April 2016. For the roll- printing of the manual and promotional materials, and (iii) out of this GRM, the Bank will (1) supporting training of GMCs and monitoring of performance. provide training and orientation for Support is ongoing in monitoring activation of GMCs, including UNRA field-based staff; (2) conduct field visits and workshops with UNRA’s team and partners. workshops for relevant local officials UNRA is currently identifying and addressing all valid complaints and communities to establish/re- logged in the GMCs. A “backlog team� composed of land activate local grievance redress surveyors, land valuers, sociologists, structural engineers and the committees; (3) distribute Fort Portal UNRA station manager has been deployed along the standardized tools to record, report road to carry out this task. and manage grievances; and (4) provide technical support to UNRA in UNRA established 21 GMCs at the community and district levels establishing contact centers with full- along the roads financed by the Project. The GMCs are active in 25 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 time community liaison officers in complaint handling, and support UNRA to the extent possible. communities along Project roads. During a review of the GMCs in December 2017 it was established that a total of 259 grievances had been received and recorded. Of For the Project area, UNRA has these, 116 (45 percent) were settled by reporting time. Most already (1) activated a call center and grievances (72) pertained to road access, 19 of which have been set up a hot line; (2) distributed and addressed to date. There were 59 grievances pertaining to displayed posters with hotline undervaluation of property, 41 of which have been addressed to numbers at prominent places in road date. The report on grievances from the GMC has been used to communities; and (3) recruited three draw up a work plan for the “backlog team� to proceed with community liaison officers (and is in addressing the pending grievances. the process of recruiting more), who are sensitizing grievance redress To assist UNRA in regard to its work on grievance redress, the committees and conducting house Bank-executed activities under the RSR grant have: (a) provided visits in affected communities along training and orientation for UNRA field-based staff; (b) facilitated the Kamwenge-Fort Portal Road. For the development of training content for and training of GMCs and the remainder of the construction of relevant local officials to establish/re-activate local GMCs; (c) the Kamwenge-Fort Portal Road, distributed standardized tools to record, report and manage Bank social specialists will continue grievances; and (d) provided technical support to UNRA in to work with UNRA to ensure that a developing a community engagement strategy and action plan, functional complaints mechanism, which includes improving the design of contact centers with full- including hotline, is available and time community liaison officers in communities along the Project accessible for the affected roads. The Bank also continues to provide support to UNRA to communities. This will not depend on improve its grievance, inquiries and feedback management system. the completion of the longer-term The Bank will continue to support the development, refinement and measures set out under (i). implementation of this UNRA-wide GRM through the RSR Grant, including support to establish a GRM system in the MGLSD. 8. Anti-retaliation The Bank has obtained commitments Supported by Uganda’s Whistleblowers Protection Act, 2010, the from UNRA and the GoU to sustain GoU has integrated anti-retaliation measures into the UNRA-wide their efforts in preventing retaliation. GRM now in place. When complaints are registered with the Bank, This will include periodic publication the Bank seeks assurances that complainants are not subject to of high-level Government statements retaliation. During a field visit in late March 2017, Bank on the importance of anti-retaliation; Management was able to confirm with the chair of the GMC in the radio talk shows providing strong Bigodi community (who was among the Requesters) that messages on anti-retaliation and community members no longer perceive any threat of retaliation. broadcasting public service messages Management will continue to be vigilant and work with the about the child helpline number 116 Borrower to avoid any retaliation against complainants. 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 26 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 The Bank has cancelled the Credits Notice to Correct. The updated Notice to Correct Matrix from the for TSDP and suspended the financing Supervising Engineer confirmed full compliance on all items, by of the civil works components of two the substantial completion of works date. other projects (ARSDP and The Bank undertook a post review audit of procurement and NERAMP) implemented by UNRA. financial management, finalized in February 2018, and found The suspensions will remain in place existing UNRA arrangements to be broadly acceptable with actions, until the Bank receives evidence that such as improved procurement document storage for active files, the GoU and UNRA have adequate recommended for UNRA management attention. UNRA reported capacity to adhere to required that these issues have been addressed. standards and practices. Measures have been agreed as conditions for The recent (February 2018) Financial Management (FM) review reappraisal of UNRA’s capacity and concluded that FM arrangements for UNRA are generally reliable for consideration of any future lifting and adequate systems are in place. There is adequate staffing of suspension. The fulfillment of all dedicated to the World Bank Portfolio and Quarterly financial agreed actions is required prior to the reports are submitted on time. The Pastel Accounting software at reappraisal of the suitability of UNRA UNRA is used to account for Project funds. The earlier proposed to implement Bank-financed projects, upgrade to a new accounting and management information system and any future Management decision was deferred to a future period. Annual audit reports for the Project to lift the project suspensions. for the year ended June 2017 were submitted to the Bank with no major findings. The Bank, together with other development partners, will continue to Suggested improvements following on the February 2018 provide advice to UNRA as it assessment of Procurement Management arrangements for UNRA undertakes to fulfill the agreed included updating the contract management plan for NERAMP to measures and, in this connection, to reflect current developments since the appraisal of the project, and build capacity in the following areas: a recommendation that procurement records be stored in a secure manner. (i) Reform of UNRA’s institutional structure; The ongoing NERAMP project has piloted the retrofit of project management and contracts with the new environmental, social (ii) Contract administration and health and safety (ESHS) requirements, as a follow up to the management; recommendation of the ESHS workshop held at the end of June (iii) Procurement; 2017. (iv) Financial management; The Environmental and Social (E&S) Management System and the Land Acquisition Management System have both been strengthened (v) Environmental and social substantially with support from Bank staff and consultants, as well management – including a as from consultants funded by other development partners. UNRA strengthened land acquisition has developed a progressive E&S policy and clear guidelines for its system and processes; implementation in practice; has revised internal procedures to (vi) Communications and citizen incorporate E&S issues in all relevant processes and aspects of work engagement. flow; and has set up systems based on information and communication technology to track the implementation of E&S measures in UNRA programs. These developments are an impressive start to building capacity, but more progress needs to be made to achieve and maintain a sustainable level of institutional capacity. Staffing in UNRA’s E&S unit doubled from three in February 2016 to six in March 2017. As of January 24, 2018, UNRA has 12 permanent staff – 1 Head of Safeguards Department, 2 Environmental Specialists (ES), 3 Sr Environmental Officers, 3 Social Development Specialists (SDS) and 3 Sr Social Development Officers. UNRA plans to recruit an Occupation Health and Safety Officer. In addition, UNRA has hired 18 safeguards staff on a contract basis and these include 16 social staff 27 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 – 1 SDS, 4 Sr Social Development Officers, 11 Junior Sociologists – and two Environmental Officers. UNRA has also hired five Technical Advisors (SDS-NERAMP, SDS-ARSDP, ES-ARSDP, 2 OSH Specialists-DFID). Three additional advisors are expected to be hired (1 ES-NERAMP, 1 ES- AfDB, 1 SDS-AfDB), The Land Acquisition Unit had only two staff prior to January 2016, which increased to five in February 2016 and to 67 (39 permanent and 28 short term and project staff) as of March 2017, and UNRA is processing the hiring of 40 additional staff. UNRA has also computerized its Right of Way Management System up to the stage of grievance redress, and this system is now being used for all new UNRA-managed projects. UNRA has recruited two graduate sociologists and one Occupational Health and Safety trainee to support the project in addition to the TA provided under the NERAMP. The graduate staff have been participating in sensitization, formation and training of GMCs on the project. They will also continue to monitor the activities of GMCs and provide support on grievance management for the project by being present on site during the implementation period. The following additional staff are to be recruited for the project. (i) 1 environmental expert, (ii) 2 graduate environmental trainee, and (iii) 1 graduate Occupational Health and Safety trainee. On workplace accidents, see Item 5 above. 10. Working with UNRA and the GoU on addressing endemic social issues more systematically Funding has been approved from the The RSR Grant became effective on January 25, 2017 and supports RSR Trust Fund for a grant to enhance activities as described under Item 2 above. social protection systems in reaching In October 2016, the GoU requested IDA support of US$40 million child survivors of sexual and gender- for an operation to address GBV in a systematic manner throughout based violence. The grant is expected Uganda. The operation (P160447, Strengthening Social Risk to be operational by January 2017 and Management and Gender-Based Violence Prevention and Response will be implemented in several Project), approved on June 20, 2017, will support implementation districts, including along the of the National Policy on the Elimination of Gender Based Violence Kamwenge-Fort Portal Road. It will throughout the country. The project is expected to become effective follow a three-pronged approach, during this fiscal year upon completion of Uganda’s national which involves: (i) providing approval process. The date for Cabinet Review of the project is still technical assistance for the national pending, after which Parliamentary review will be scheduled. The social protection system to reach child date for the Cabinet Review has been rescheduled multiple times, survivors of abuse and those at risk of but the Bank has been urging the Borrower to move ahead with this GBV; (ii) developing grievance approval as quickly as possible. redress mechanisms to improve outreach to child survivors of abuse In addition, social risk management components with a specific and populations at risk of GBV; and focus on GBV prevention are being integrated into energy, (iii) enhancing the capacity and transport and education operations through restructuring of the coordination of a national social existing IDA portfolio in Uganda. protection system to protect child Since receipt of the Request for Inspection, four IDA-supported survivors of abuse of GBV. operations in Uganda were retrofitted to include integrated social risk management components with a focus on GBV and VAC: On a broader scale, the GoU has expressed interest in working with the • The Albertine Region Sustainable Development Project Bank and other partners to address the (ARSDP, P145101) (US$153.89 million under 28 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 problem of GBV countrywide. After implementation) includes enhanced mechanisms to mitigate discussions with the Bank, the risks of GBV and VAC due to the project, implement GBV and President of Uganda has announced VAC community prevention programs and strengthen that he will launch a Presidential coordination with national and district authorities to monitor campaign to combat violence against implementation measures. UNRA hired an NGO on December women and girls. This coincides with 11, 2017, to implement these activities. the approval of the “National Policy on Elimination of Gender Based • The North-Eastern Road-Corridor Asset Management Project Violence for Uganda� in September (NERAMP, P125590) (US$234.80 million under 2016 by the Cabinet. implementation) includes a comprehensive set of activities to address GBV, child protection, and occupational health and In support of such a national GBV safety. UNRA is hiring three NGOs under this project and response and implementation of the contracts are expected to be signed in Spring 2018. new national policy, the Bank will provide technical assistance to the • The Electricity Sector Development Project (US$120 million, GoU in developing the following key P119737) was retrofitted to include a US$1.5 million inputs, building on the Bank- component focusing on prevention of GBV, strengthening the supported GBV diagnostic that is identification of potential cases through a GRM and expected to be finalized by the end of establishing referral mechanisms for survivors around project October 2016: sites. The Ministry of Energy and Mineral Development has hired World Vision for this component; a contract was signed (i) “Service-gap analysis,� (i.e., on February 19, 2018. According to the Borrower, an MoU assessing gaps between existing between MGLSD and the Ministry of Energy will be signed by standards for service provision to the end of April 2018. GBV survivors of abuse and actual service availability and • The Uganda Teacher and School Effectiveness Project quality at district level); (UTSEP, P133780) (US$100 million under implementation) (ii) Costing of a scalable approach to includes enhanced mechanisms to mitigate risks of VAC the provision of GBV response associated with the project and prevent violence in schools and prevention services; and through child participation and empowerment. The Ministry of Education and Sports plans to hire two NGOs by May 2018. (iii) Identifying optimal institutional modalities for the delivery of At the national level, UNRA and the MGLSD have signed an MoU such services. to clearly identify and stipulate the roles and responsibilities of the parties as they relate to each other and set out the areas of Finally, in order to strengthen the anti- cooperation in addressing the negative impact of road works and GBV agenda within the Bank’s influx of labor in road construction projects. portfolio in Uganda, one or more key projects in the portfolio will be Efforts have also been undertaken aimed at enhancing Borrower restructured to include measures for capacity in Uganda. For example, the Bank conducted a workshop addressing social risks, including to enhance capacity of counterparts to address GBV and VAC in infrastructure projects in April 2017. This workshop included GBV and child protection efforts. The around 50 representatives from UNRA, the Ministry of Energy and first such project will be an ongoing Mineral Development, Kampala Capital City Authority, the energy sector operation, the Uganda Electricity Sector Development Ministry of Education and Sports and MGLSD. 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 general The Bank completed a general review of environmental and social review of environmental and social safeguards performance in all IDA-supported projects within the safeguards performance in all relevant Uganda portfolio, and a complementary review with a specific 29 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 projects in Uganda, as well as a focus on the risks of sexual abuse involving minors, and child complementary review with a specific labor. The recommendations of both reviews have been made focus on the risks of sexual abuse public through the Uganda TSDP AF – Lessons Learned and involving minors, and child labor. Agenda for Action Report and include proposals for strengthening Recommendations from both reviews Borrower capacity and improving safeguard performance. will be made public. 12. Procurement and contract management Management recognizes that All SBDs and SPDs have been revised to reflect lessons learned environmental and social provisions in from the Uganda TSDP and are available for use. SBDs are used contracts for contractors as well as for projects with a PCN prior to July 1, 2016, and SPDs for projects supervising engineers need to be with a PCN after this date. Details of revised documents and their strengthened when civil works are content are provided in the First Progress Report. carried out in, or near, vulnerable communities and in other high-risk situations. A series of measures to be piloted include the following: As part of the bidding process for civil works: • Applicants/Bidders would be required to declare any civil works contracts that have been suspended or terminated by the Employer for reasons related to environmental or social safeguards (including health and safety issues) compliance in the past five years. This information would be used to inform additional due diligence that may be required prior to contract signing. • Specifications in the bidding documents will be strengthened to set out clear expectations with respect to environmental or social safeguards. • Bidders would be required to submit a plan for addressing environmental and social risks as part of the bidding process as well as a code of conduct for their workers based on a template to be provided by the World Bank. As part of contracts for civil works: • Contractors would be required to post an environmental and social performance bond that the contracting entity could cash should a contractor fail to remedy cases of environmental and social 30 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 non-compliance. The bond should be for a reasonable amount which, in combination with the current performance bond, would normally not exceed 10 percent of the contract amount. The bond would be cashable based on failure to comply with the Engineer’s Notice to Correct the said defects. • A provisional sum may be included in civil works contracts to be used as agreed between the contracting entity and the contractor in cases where contractors have fully met all environmental and social obligations under the contract and propose to further enhance environmental and social outcomes. The parties’ agreement on the use of the provisional sum would be subject to the Bank’s No Objection. • Civil works contractors and supervising engineers would be required to include dedicated staff with appropriate qualifications and experience to manage specific social and environmental impacts. As part of contracts for supervising engineers: • Clients would be required to share all progress and other technical reports received by the supervising engineers with the World Bank. 13. Global review and staff guidance on labor influx issues A draft guidance note for staff has A guidance note for staff on “Managing the Risks of Adverse been prepared by a working group and Impacts on Communities from Temporary Project Induced Labor internal review was completed on Influx� was issued on December 1, 2016, and disseminated to all October 4, 2016. Consultation with Bank operational staff. Based on this guidance, a portfolio-wide external public and private sector review of projects across the Bank was completed in May 2017 and stakeholders will be completed by its findings are informing the implementation of relevant projects. November 15, 2016. The guidance In Bank-supported projects, there is now a requirement for note will be issued and staff training contractors to endorse and utilize a Code of Conduct, which their will be initiated by December 1, 2016. employees are required to sign. Additional guidance to improve occupational health and safety measures is currently being Based on the above guidance, a developed. portfolio-wide review of projects 31 Inspection Panel – Management Action Plans – Status Overview Actions Status Update as of March 2018 across the Bank will be conducted to In the case of new projects, all new projects with a PCN date after ensure that pertinent issues are being July 1, 2016 fall under the new procurement framework and as such appropriately addressed where they will use the SPDs for ICB, which reflect the lessons learned from arise. All Task Team leaders will be the TSDP and include enhanced ESHS provisions, such as the required to review civil works provision that requires Bidders/Proposers to submit, as part of their contracts that they manage with a Bid/Proposal, an ESHS Code of Conduct that will apply to their view to (i) the size and characteristics employees and sub-contractors, and details of how it will be of any labor influx; (ii) the existence enforced. For projects outside of the new Procurement Framework and implementation of any mitigation (PCN dates before July 1, 2016) the revised SBDs, that now include measures in the environmental and the same enhanced ESHS provisions, can be applied without social management plan; and (iii) requiring amendments to the legal agreements. whether problems identified in the environmental and social management In the case of the transport sector in particular, for instance, as of plan or similar to those arising under end of March 2017, of all the relevant Investment Project Financing the TSDP have arisen, or are likely to loans approved by the Board after the approval of the MAP in do so. Where needed, project-specific November 2016, only one fell under the new procurement action plans responding to the findings framework. However, in 30 percent of the remaining cases that had of this review will be prepared and PCNs before July 1, 2016, teams had the chance to proactively implemented. revisit the project documents before Board approval to include specific provisions reflecting the above enhanced requirements. Those that did not will have the opportunity to use the revised SBD as mentioned above. The Bank now requires contractors and their employees are required to sign a Code of Conduct, which must provide for non-discrimination, including based on gender. Additional guidance to improve occupational health and safety measures is currently being developed. 14. Global Gender-Based Violence Task Force The World Bank Group President has A Global Gender-Based Violence Task Force was formed to formed a Global Gender-Based strengthen the institution’s response to instances of GBV Violence Task Force to strengthen the encountered as part of its operations. The Task Force included a institution’s response to instances of range of members from academia, NGOs, foundations, UNICEF, gender-based violence encountered as and government. The Task Force delivered its report in July 2017, part of its operations. The Task Force and the Bank is following up on its recommendations. 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 commissioned an The report on “Lessons Learned and Agenda for Action� noted internal report on the lessons that can above, was prepared and discussed with the Board, disseminated to be learned from the Uganda Transport all staff, and made publicly available. Sector Development Additional Financing and their implications for future Bank-supported projects in similar situations. The report will be made public by the end of October 2016. 32