REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project ********** Directorate of Public Private Partnership & Public Enterprises *********** Ministry of Finance and Economic Affairs STAKEHOLDER ENGAGEMENT PLAN Banjul Updated December, 2019 1 Table of Contents List of Tables ........................................................................................................................................ 4 List of Figures ....................................................................................................................................... 5 List of Acronyms and Abbreviations............................................................................................... 6 1.0. INTRODUCTION ........................................................................................................................ 7 1.1. Project Background ................................................................................................................... 7 1.2. Stakeholder Engagement Plan Objectives.............................................................................. 8 2.0. PROJECT RISKS AND IMPACTS............................................................................................ 8 3.0. SUMMARY OF PAST ACTIVITIES OF STAKEHOLDER ENGAGEMENT................... 9 4.0. STAKEHOLDER IDENTIFICATION AND ANALYSIS ................................................... 10 4.1. Affected Stakeholders ............................................................................................................. 10 Table 4.1-1: Stakeholders previous outreach .......................................................................... 11 4.1.1 Directly affected stakeholders ......................................................................................... 13 4.1.2 Other affected stakeholders ............................................................................................. 14 4.1.3 Affected disadvantaged and/or vulnerable individuals or groups ............................ 14 Table 4.1-2 : Vulnerable and disadvantaged Stakeholders ................................................... 14 4.2. Summary of stakeholders needs ........................................................................................... 15 Table 4.2-1: Stakeholders needs ................................................................................................ 15 5.0. STAKEHOLDERS ENGAGEMENT PROGRAM ................................................................ 17 5.1. Purpose and timing of the stakeholders engagement program ....................................... 17 5.2. Proposed strategy for consultation ....................................................................................... 18 Table 5.2-1: Summary of proposed consultations .................................................................. 19 6.0. RESOURCES AND RESPONSIBILITIES FOR IMPLEMENTING THE SEP ACTIVITIES ....................................................................................................................................... 22 6.1. Resources .................................................................................................................................. 22 Table 6.1-1: Cost estimates ........................................................................................................ 22 6.2. Monitoring and Evaluation .................................................................................................... 22 Table 6.2-1: Monitoring Plan for the Stakeholder Engagement Plan .................................. 23 7.0. GRIEVANCE REDRESS MECHANISM ............................................................................... 23 7.1. Objectives and grievances categories ................................................................................... 23 7.2. Institutional Framework of the GRM Implementation ...................................................... 24 Table 7.2-1: Composition of the Grievance Management Committees ............................. 25 7.3. The Grievance Redress Mechanism (GRM) Operational Procedures .............................. 26 7.4. Recourse to another jurisdiction: Court ............................................................................... 31 7.5. The GRM Operationalization ................................................................................................ 33 2 Table 7.5-1 : Human, material and financial resources for the implementation of the GRM ............................................................................................................................................. 33 7.6. Main actions and timeline for the GRM implementation .................................................. 33 Table 7.6-1 : Summary of activities related to the establishment of GRM bodies ............. 33 Table 7.6-2 : Summary of the allocation of material and financial resources to the GRM committees................................................................................................................................... 34 Table 7.6-3: Timeline for the implementation of the Gambia SOE restructuring project GRM activities ............................................................................................................................. 36 7.7. GRM Capacity Building Plan................................................................................................. 37 7.7.1 Justification of training program ..................................................................................... 37 7.7.2. Capacity building for GRM actors ................................................................................. 37 Table 7.7-1 : Training modules for the GRM actors ............................................................... 37 7.7.3. Capacity Building Plan Budget ...................................................................................... 38 Table 7.7-2: GRM Capacity Building Plan Budget ................................................................. 38 7.7.4. Monitoring and Evaluation System ............................................................................... 38 7.7.5. Reporting ........................................................................................................................... 40 Table 7.7-3 : Global indicators of the GRM system ................................................................ 40 8.0. ANNEXES .................................................................................................................................... 41 3 List of Tables Table 4.1-1: Stakeholders previous outreach .................................................................................. 11 4.1.1 Directly affected stakeholders ................................................................................................. 13 4.1.2 Other affected stakeholders ..................................................................................................... 14 4.1.3 Affected disadvantaged and/or vulnerable individuals or groups .................................... 14 Table 4.1-2 : Vulnerable and disadvantaged Stakeholders ........................................................... 14 Table 4.2-1: Stakeholders needs ........................................................................................................ 15 Table 5.2-1: Summary of proposed consultations .......................................................................... 19 Table 6.1-1: Cost estimates ................................................................................................................ 22 Table 6.2-1: Monitoring Plan for the Stakeholder Engagement Plan .......................................... 23 Table 7.2-1: Composition of the Grievance Management Committees ..................................... 25 Table 7.5-1 : Human, material and financial resources for the implementation of the GRM .. 33 Table 7.6-1 : Summary of activities related to the establishment of GRM bodies ..................... 33 Table 7.6-2 : Summary of the allocation of material and financial resources to the GRM committees........................................................................................................................................... 34 Table 7.6-3: Timeline for the implementation of the Gambia SOE restructuring project GRM activities ............................................................................................................................................... 36 Table 7.7-1 : Training modules for the GRM actors ....................................................................... 37 Table 7.7-2: GRM Capacity Building Plan Budget ......................................................................... 38 Table 7.7-3 : Global indicators of the GRM system ........................................................................ 40 4 List of Figures Figure 1 : Diagram of the GRM institutional framework and information flow ...................... 26 Figure 2 : Diagram Process of handling complaints ..................................................................... 32 5 List of Acronyms and Abbreviations DPPP : Directorate of Public Private Partnerships DDHRA : Deputy Director Human Resources & Administration EGMC : Enterprise Grievance Management Committee ESCP : Environmental and Social Commitment Plan GPPA : Gambia Public Procurement Agency GRA : Gambia Revenue Authority GAMCEL : Gambia Telecommunications Cellular Company Ltd GAMTEL : Gambia Telecommunications Company Ltd GRM : Grievance Redress Mechanism HR : Human Resources IEC : Information, Education, Communication KPI : Key Performance Indicator MOICI : Ministry of Information & Communications Infrastructure MoFEA : Ministry of Finance and Economic Affairs NEA : National Environment Agency NGO : Non-Governmental Organizations PIU : Project Implementation Unit PMO : Personnel Management Office PSC : Public Service Commission RGA : Revenue Generated Activities RGMC : Regional Grievance Management Committee SEP : Stakeholder Engagement Plan MES : Monitoring and Evaluation System SSHFC : Social Security and Housing Finance Corporation SOE : State Owned Enterprise 6 1.0. INTRODUCTION 1.1. Project Background The fiscal deficit in The Gambia widened to 6.3 percent in 2018 (from 5.0 percent in 2017), mainly due to lower grants revenues, spending overruns on goods and services and unbudgeted transfers to State Owned Enterprises (SOEs). Although declining, interest payments demanded 26 percent of domestic revenues in 2018, leaving limited fiscal space for public investment and services. Gambia’s tax revenue ratio is below regional averages and the level needed to provide for basic state functions and investments. This ratio, at 10.3 percent of GDP in 2018, is below the level needed to perform its most basic state functions and finance development programs, and also well below the sub-region average of 17 percent of GDP. Enhancements of the tax- to-GDP ratio are primarily constrained by extremely limited tax policy and administrative capacity. Weaknesses in Gambia’s tax and customs compromise the ability to achieve the current revenue potential and translate future policy reform into reliable revenue streams. The problems are foundational in nature: an unreliable taxpayer registration base, and relatively weak core tax administrative systems, processes and procedures, including basic compliance and debt management. The IMF has helped developed a set of short- and medium-term interventions to strengthen basic functions in Gambia Revenue Authority (GRA) but recommends investments into a major overhaul of the IT system and operational modules at the tax administration. In more recent years the performance of State Owned Enterprise (SOE) sector was seriously affected by the economic mismanagement of the long-lasting autocratic regime. The findings of the special audit of the seven largest SOEs confirmed that the corporate governance framework, internal controls and financial performance of the concerned SOEs has a number of serious shortcomings. The most recent assessment carried out by the Department of Public Private Partnerships and Public Enterprises (DPPP&PE) in January 2018 revealed that, after netting out of ‘cross arrears’, the total owed by the SOEs in January 2018 was GMD 889 million (US$ 17.6 million), of which the National Water and Electricity Company (NAWEC) owes GMD 2.71 billion net (US$53.6 million and the Gambia Telecommunications Cellular Company (GAMCEL) owes GMD 724 million (US$14.4 million) to name a few. The Gambia Telecommunications Company (GAMTEL) and the Gambia Telecommunications Cellular Company (GAMCEL) are right behind NAWEC in terms of financial losses incurred since 2010. After NAWEC, GAMTEL has the second largest unbudgeted fiscal spending in 2016. Since 2015, both companies (GAMTEL/GAMCEL) have experienced negative growth in every revenue category. Together, their tax arrears to the Gambia Revenue Authority (GRA) make up over 50 percent of total SOE tax arrears. With about 1,384 employees, GAMTEL and GAMCEL employ about 56 % of all individuals employed in the Gambia’s telecommunications sector. The extent of overstaffing was closely studied and documented in the HR audit conducted in 2016 by Senghore Associates, but no corrective action was taken. The 2016 report estimated the need to implement significant staff reductions with 75-80 percent of employees that need to be retrenched. 7 Without any reforms, GAMTEL and GAMCEL have not been able to make the transition from a traditional state-run utility company to a more commercialized operation that is better equipped to adapt to the fast-changing telecommunications Aware of the growing fiscal risks imposed by several factors mentioned above, the Gambian government initiated the Gambia Fiscal Management Development project with the support of the World Bank. The project will support the governance pillar and cross-cutting enablers of the 2017 Government’s National Development Plan (NDP), including restoring fiscal discipline, improving the efficiency of the public sector and fiscal risk management and reporting, and contributing to making The Gambia a digital nation and creating a modern information society through an increased domestic revenue mobilization and a reduction of the telecom-related fiscal burden through restructuring of GAMTEL and GAMCEL.. The project is equally aligned with the fiscal stability and growth pillar of the Country Engagement Note (CEN) and the Systematic Country Diagnostic (SCD). 1.2. Stakeholder Engagement Plan Objectives This Stakeholder Engagement Plan (SEP) provides culturally appropriate, measurable, achievable and time-bound specific approaches for engaging relevant stakeholders throughout the Gambia Fiscal Management Development project. It aims to: (i) Disclose current project information, including adverse impacts and mitigation measures, to enable timely involvement of stakeholders; (ii) Facilitate engagement amongst multiple stakeholders at all phases of the project; (iii) Provide a Grievance Redress Mechanism (GRM) to effectively handle project related grievances and allow for rapid corrective measures. 2.0. PROJECT RISKS AND IMPACTS The restructuring of GAMTEL and GAMCEL particularly, the retrenchment of personnel may induce the following potential risks and impacts: Direct risks and impacts: - Direct job losses estimated at 1000 people and a significant number of vulnerable people including older workers, unskilled workers, widows, people with chronic diseases who are unable to work, illiterate workers, people with physical disabilities, workers with work related injuries that has lowered their earning abilities; - Telephone and transportation allowance losses for certain employees; - Risks of not receiving pensions due to the SOEs arrears to the SSHFC; - Risks of further financial distress for employees who have benefited from loans granted by their employer (GAMTEL and GAMCEL) and who may use their severance payment or retirement capital to repay these loans; - Direct job losses for the two hospital mortuary workers whose salaries are paid by GAMTEL; - Losses for workers made redundant or sent on early retirement from earned but 8 unused leave; - Risks of staff protests and sabotage of the GAMTEL and GAMCEL infrastructures due to the persistent lack of communication or information exchange between the different actors; - Inability for the Staff Association to buy food provisions to lend to employees wishing to start small business activities such as petty trading, livestock and poultry raising; - Risks of stigmatization of retrenched workers by their local communities; - Risks of loss of productivity and commitment among survivors, due to the way the retrenchment process may have been handled; - Risks for long term unemployment for the retrenched personnel as the telecom market in Gambia is a relatively small and highly competitive market; Indirect risks and impacts: - Decrease in revenue of food vendors who provide services to the GAMTEL/GAMCEL employees; - Losses in support of GAMCEL’s payment of electricity costs for the hospital mortuary ward; - Loss of financial support for children of deceased staff who are students, in fact for each deceased staff member, GAMTEL/GAMCEL contributes 50% and the Staff Association 50% for a total of 500 000 dalasi to pay school tuitions and school supplies for up to two children from primary school to final secondary, the fund is managed by the Staff Association; - Reduction in the financial support provided by employees to their families; - Risks related to the termination of the annual GAMTEL/GAMCEL sponsorship for the first newborn of the year across hospitals in the country; - Risks of decreased revenues for small businesses that advertise exclusively for GAMTEL and GAMCEL; 3.0. SUMMARY OF PAST ACTIVITIES OF STAKEHOLDER ENGAGEMENT The Gambia Fiscal Management Development project identified and consulted the following key stakeholders during the initial project preparation phase: • The Ministry of Information & Communications Infrastructure (Permanent Secretary); • The Ministry of Finance and Economic Affairs (Directorate of Public Private Partnerships ); • The GAMTEL and GAMCEL personnel; • The GAMTEL and GAMCEL management; • The GAMTEL and GAMCEL Staff Association; • The Social Security and Housing Finance Corporation (SSHFC) management; • The Labor Commissioner; • The National Environment Agency (NEA); • The GAMTEL and GAMCEL Board of Directors; • The Public Service Commission (PSC); • The Personnel Management Office (PMO); • The Office of the Ombudsman; 9 • The Gambia Revenue Authority (GRA) employees; • The Gambia Public Procurement Agency (GPPA). The first phase of stakeholders’ consultations was held in Banjul from May 14 – 23, 2019 in compliance with the relevant Gambia legislations and the World Bank requirements particularly the Environmental and Social Standard 10 (ESS10). These consultations were conducted during the Social and Environmental Assessment process. Moreover, they were carried in an inclusive and culturally appropriate manner, providing the affected parties with opportunities to express their viewpoints on the project adverse risks and impacts, mitigation measures and fostering open discussions between the DPPP and key stakeholders. Prior to the consultation meetings, MoFEA sent formal letters to key stakeholders on the purpose and objectives of the meeting at least a week in advance. During the meetings, an overview of the Gambia Fiscal Management Development project and the Environmental and Social Risks and Impacts Management (ESRIM) instruments to be developed was presented as well as a summary of existing environmental and social conditions and a description of the environmental and social risks/ impacts. The second phase of stakeholders’ consultations was carried out in Banjul from June 19 to July 02, 2019. The objectives of these consultations were for the consultants responsible for developing (i) the Environmental and Social Commitment Plan (ESCP), (ii) the Retrenchment Plan (RP), (iii) the Grievance Redress Mechanism (GRM) and (iv) the Stakeholder Engagement Plan (SEP) to provide accurate, relevant and timely project information to enable key stakeholders to share timely inputs. The third phase of stakeholders’ consultations was carried during the scoping mission from November 18 to November 26, 2019. 4.0. STAKEHOLDER IDENTIFICATION AND ANALYSIS 4.1. Affected Stakeholders Stakeholders are individuals or groups who are affected or likely to be affected by the project and who may have an interest in the project. The initial list of stakeholders for the Gambia Fiscal Management Development project was developed based on the SEP Terms of Reference (ToR), the Project Appraisal Document (PAD), the 2016 Human Resources (HR) audit and the first phase consultations held in May 2019 with MoFEA, GAMTEL/GAMCEL management and the Staff Association. The stakeholder groups to be engaged may be expanded or retracted during the project implementation. At the current phase, the key stakeholders are the Ministry of Information & Communications Infrastructure (MOICI), the Ministry of Finance and Economic Affairs (MoFEA), the Gambia Revenue Authority (GRA), the Gambia Public Procurement Agency (GPPA), the Directorate of Public Private Partnerships (DPPP), the GAMTEL/GAMCEL management, the GAMTEL/GAMCEL Staff Association, the GAMTEL/GAMCEL workers, the GAMTEL/GAMCEL department of Human Resources (HR) , the Social Security and Housing Finance Corporation (SSHFC) management, the office of the Ombudsman and Non- Governmental Organizations (NGOs). Vulnerable stakeholder groups include GAMTEL/GAMCEL chronically ill employees, widows’ of staff personnel, family members 10 of deceased staff, workers with physical disabilities; while disadvantaged groups mainly include illiterate workers. During the preliminary design phase, several stakeholders were approached by government with the following objectives: - To inform them on the Gambia Fiscal Management Development project progression; - To discuss the risks and impacts that may be induced by the restructuring of the enterprises, in particular the possible retrenchment of approximately 1,000 staff; and the mitigation measures to address such risks and impacts; - To collect relevant data to develop the ESRIM instruments The stakeholders met are presented in table 4.1-1 below: Table 4.1-1: Stakeholders previous outreach Date of Stakeholders Relevance with respect to the Topics discussed Previous project Consultation Efforts PUBLIC ENTITIES AND REPRESENTATVES 15 May 2019 Ministry of The Line Ministry that oversee Discussions on potential project Information and GAMTEL/GAMGAMCEL. The impacts and benefits and on the draft Communications ministry will benefit from Retrenchment Plan Infrastructure – capacity building MOICI-(Permanent Secretary) 15 May 2019 Ministry of Finance Will benefit from capacity Overview of the project and specific and Economic strengthening on tax policy discussions on the draft Affairs (MOFEA) development and the oversight of Retrenchment Plan the GRA to secure increased revenue mobilization. MoFEA will chair the Project Steering Committee (PSC) 15 May 2019 Directorate of Will eventually house the Project Collection and verification of project- Public Private Implementation Unit and ensures related information (e.g., number of Partnerships DPPP the project preparation people to lay off, level of information relayed to the affected actors) 17 May 2019 Social Security and Provide pension benefits and Discussions on the provisions of the Housing Finance gratuities to eligible retirees and SSHFC Act on dismissed workers Corporation retrenched workers in accordance and on the current (SSHFC) to the relevant national laws GAMTEL/GAMCEL financial standing including contribution payments to SSHFC 21 May 2019 National Review various ESRIM Discussions on their mandate Environment instruments, including ESIAs and relating to the validation of the GRM Agency (Executive Resettlement Action Plans, grant and the SEP Director) approvals and monitor their implementation 22 May 2019 Chairman of Board Preside over the Discussions on the downsizing, the of Directors of GAMTEL/GAMCEL board of political implications, the GAMTEL/GAMCEL directors retrenchment implementation timeframe and the need for an effective communication plan for 11 Date of Stakeholders Relevance with respect to the Topics discussed Previous project Consultation Efforts transparency 23 May 2019 Office of the Handles and investigates public Discussions on the office mandate, Ombudsman sector grievances, also ensures the grievance handling processes and good governance, access to justice possible retrenchment related and promotion of the rule of law experience and human rights 20 May 2019 Labor commissioner Oversee the administration of Discussion on institutions that can national labor and workforce intervene in the Retrenchment related legislations process 18-26 Gambia Revenue Will benefit from the Discussions on the results framework November Authority (GRA) development of a comprehensive including, Key Performance 2019 tax compliance risk management Indicators (KPI) process and from capacity strengthening to enhance operational effectiveness and achieve digital transformation WORKERS AND REPRESENTATIVE OF WORKERS 20 May 2019 GAMTEL/GAMCEL Elected personnel Overview of project information, Staff Association representatives. Project affected communication challenges, staff people through retrenchment morale, identification of vulnerable related activities groups, severance packages, formal and informal procedures in place to raise work-related grievances, retrenchment impacts on staff and local community 21 May 2019 GAMTEL/GAMCEL Department that manages the Overview of project information, Human Resources enterprises employees formal procedures for in house grievance management including appeal, identification of vulnerable groups, service rules overview, enterprises decentralization, workforce size, retrenchment impacts on staff and local community 26 June 2019 GAMTEL/GAMCEL People affected by the Overview of project information, Staff downsizing as part of the risks/impacts of retrenchment, restructuring of measures to GAMTEL/GAMCEL avoid/mitigate/compensate such risks/impacts, the draft retrenchment plan content, the selection criteria, the methods of downsizing, the severance packages and the GRM 27 June 2019 Families of Receive financial and/or material Overview of the project information, deceased support from risks of losing the current GAMTEL/GAMCEL GAMTEL/GAMCEL and/or the financial/material assistance and the staff Staff Association related impacts; measures to avoid, mitigate and compensate these impacts Source: consultations May-June 2019 12 4.1.1 Directly affected stakeholders The GRA will directly benefit from the strengthening of its operational effectiveness and digital transformation through e-filing and e-payments to improve taxpayer services and transparency and the development of a comprehensive tax compliance risk management process based on international best practices. It is worth noting that, little to no adverse environmental and social risks and impacts are expected to be incurred on this particular stakeholder. The GAMTEL/GAMCEL staff would be directly and adversely affected by the retrenchment. Therefore, a public consultation session with staff was held on June 26, 2019 at the head office in Banjul. Its purpose was to provide employees with accurate, relevant and timely information on the project, so that they in turn can provide timely information to be considered in the instruments under preparation, in particular the draft Retrenchment Plan. Topics discussed: ➢ An overview of the project including the advantages and disadvantages as it relates to GAMTEL/GAMCEL staff; ➢ The relevant national laws and World Bank requirements with regards to retrenchment; ➢ The relevance of the ESCP, SEP, GRM and the Retrenchment Plan; ➢ The content of the Retrenchment Plan including the selection criteria, the alternatives forms of downsizing, the severance packages and the Retrenchment Plan implementation timeframe; ➢ The identification of vulnerable groups and its importance; ➢ The management of retrenchment related grievances. A Summary of Participants’ perceptions ➢ For various participants, the government has been the major cause of the SOEs losses as most of the services provided to government by GAMTEL/GAMCEL have remained unpaid while they charge the enterprises taxes; ➢ Participants expressed that the recurrent lack of will from the government to inform workers, in a straightforward way, of the upcoming retrenchment has resulted in a demoralized and unmotivated staff; ➢ Some participants feared that redundancy will only target technicians while leaving the enterprises financial specialists/workers. A Summary of Participants’ Concerns ➢ Difficulty for the retrenched workers to find work as the retrenchment will add to an already high national unemployment rate; ➢ Long-term unemployment, for retrenched workers, due to little or no qualifications in other sectors; ➢ The widespread effects of retrenchment on the staff as most have dependents; ➢ The need for rational severance packages proposals, as the six months’ salary severance provision stated in the Gambian Labor Law and the enterprises service rules is unrealistic and insufficient. A Summary of Participants’ suggestions and recommendations 13 ➢ To provide capacity building training instead of downsizing staff; ➢ To ensure that the instruments prepared are available and accessible to all who wish to see it; ➢ To offer adequate severance packages proposals in order for workers to voluntarily leave. 4.1.2 Other affected stakeholders The following NGOs were consulted as part of identifying social protection NGOs that may offer support services to the project during retrenchment related activities: ➢ The Association of Non-Governmental Organizations (TANGO): TANGO is the umbrella organization for NGOs operating in The Gambia. The association focuses on preparing proposals and raising funds to address the challenges faced by its members. Although, the structure’s action schemes do not fall in line with what may be needed in the context of the Gambia SOE project; it could serve as a database for the Gambia SOE restructuring project to identify relevant member NGOs to work with at a given time, if necessary. ➢ Action Aid: the organization focuses on human rights and the needs of the poor, working at a practical level to improve their access to services and lobbying government and other decision-makers to change policies and practices that affect their lives. Some of the organization action schemes may be of interest to the Gambia Fiscal Management Development project, including support services provided to vulnerable groups to establish Income Generating Activities (IGAs) such as livestock and poultry production. Also, the organization handles grievances through its internal and external GRM and has had to downsize its staff in the 1990s and could, thereby, serve as a valuable resource to the project on such matters. 4.1.3 Affected disadvantaged and/or vulnerable individuals or groups The following GAMTEL/GAMCEL employees, presented in table 4.1-1 below, were identified as disadvantaged and/or vulnerable groups: ➢ Employees who sustained workplace injuries which has resulted in lowering their earning capacities; ➢ Employees who care for children of deceased staff who are under the age of eighteen; ➢ Widows’ of staff personnel; ➢ Employees with physical disabilities; ➢ Illiterate workers (disadvantage group). GAMTEL and GAMCEL should avoid retrenching these vulnerable individuals or groups as it may exuberate their vulnerability. Table 4.1-2 : Vulnerable and disadvantaged Stakeholders Vulnerable and disadvantaged groups Characteristics and potential impacts of retrenchment Employees who sustained workplace injuries Their disability has limited their earning abilities and makes which has resulted in lowering their earning them vulnerable. In case of dismissal, they will have to face capacities difficulties finding another job. In addition to their own family responsibilities, they provide Employees who care for children of deceased care for children of their deceased colleagues. If the staff who are under the age of eighteen restructuring results in ending the financial support that they 14 Vulnerable and disadvantaged groups Characteristics and potential impacts of retrenchment receive from GAMTEL/GAMCEL and if dismissed, they will have little to no income to care for their families. They are the head of their households and dismissal will make Widowed staff them more vulnerable. Due to their handicaps they will find it difficult to find other Employees with physical disabilities jobs and will suffer the effects of unemployment more severely. Most of them are in non-core services that will be outsourced and have a workforce of 722 employees according to the 2016 HR audit. This target, which constitutes the majority of non- essential services, is more concerned by the retrenchment; and because for the most part they have no professional Illiterate workers qualifications, they will be more vulnerable if specific support measures are not put in place in case of voluntary departure or dismissal. Moreover, consultations for this group must be done in their preferred language. The Grievance Redress Mechanism (GRM) should be read and explained to them in their respective languages. Source: consultations May-June 2019 4.2. Summary of stakeholders needs Consultations with stakeholders has enabled the project to identify specific needs, presented in table 4.5-1, for key stakeholders and envisaged needs or support resources to have in place to ensure their effective engagement in the ongoing consultation process. Table 4.2-1: Stakeholders needs Stakeholders group Key characteristics Language needs Preferred Specific needs notification means (accessibility, large (e-mail, phone, print, child care, in- radio, letter) person, daytime meetings) GRA GRA personnel will English Notification letter Daytime meetings benefit from an from the PIU improved working environment based on streamlined operations and methodologies as well as extensive training and access to international best practice The staff needs to be at competency level 2 in tax audit GAMTEL/GAMCEL GAMTEL/GAMCEL English Notification letter Daytime meetings management company executives from the PIU (Managing whose staff will be directors, HR reduced by 1,000 director, Admin workers Manager, Manager Oversee the GRM of Training, Senior 15 Stakeholders group Key characteristics Language needs Preferred Specific needs notification means (accessibility, large (e-mail, phone, print, child care, in- radio, letter) person, daytime meetings) GRA GRA personnel will English Notification letter Daytime meetings benefit from an from the PIU improved working environment based on streamlined operations and methodologies as well as extensive training and access to international best practice The staff needs to be at competency level 2 in tax audit HR Manager, etc.) management GAMTEL/GAMCEL 1376 employees Mandinka, Notification letter Daytime meetings in Staff including 24% Wolof and from the PIU and Banjul and in the women and a English copy the provinces with a significant number GAMTEL/GAMCEL translator and a of illiterate workers HR director representative from the without Staff Association professional qualifications Social Security and Collect employee English Notification letter In-person meetings Housing Finance pension from the PIU Corporation contributions (SSHFC) Pay the retirement pensions and gratuities Pay early retirement benefits to workers in accordance to the SSHFC Act provisions on the matter Family members They receive Mandinka, Notification from Daytime meetings at an including widows subsidies for Wolof and the Staff Association accessible location with (vulnerable group) schooling (school English a translator and a of deceased workers fees, supplies, representative from the uniforms, etc.) and Staff Association may lose these benefits in the context of GAMTEL/GAMCEL restructuring 16 Stakeholders group Key characteristics Language needs Preferred Specific needs notification means (accessibility, large (e-mail, phone, print, child care, in- radio, letter) person, daytime meetings) GRA GRA personnel will English Notification letter Daytime meetings benefit from an from the PIU improved working environment based on streamlined operations and methodologies as well as extensive training and access to international best practice The staff needs to be at competency level 2 in tax audit Employees who May still be Mandinka, Notification from Collective daytime sustained employed because Wolof and the Staff Association meetings or private workplace injuries the injuries were English individual meetings which has resulted work related. They with a translator and a in lowering their are considered a representative from the earning capacities vulnerable group Staff Association Workers who care In addition to their Mandinka, Notification from Daytime meetings at an for children of own family Wolof and the Staff Association accessible location with deceased staff who responsibilities, English a translator and a are under the age of they provide care representative from the eighteen for children of their Staff Association deceased colleagues. They are considered a disadvantage group Employees with Due to their Mandinka, Notification from Daytime meetings at an physical disabilities handicaps, it’ll be Wolof and the Staff Association accessible location with difficult to find English a translator and a other jobs. They are representative from the considered a Staff Association vulnerable group Illiterate groups Makes up the Mandinka, Notification from Daytime meetings at an majority of the non- Wolof and the Staff Association accessible location with core services to be English a translator and a outsourced by the representative from the project Staff Association Source: consultations May- June-July 2019 5.0. STAKEHOLDERS ENGAGEMENT PROGRAM 5.1. Purpose and timing of the stakeholder’s engagement program The objectives of the stakeholders’ engagement program are to: - Acquire relevant information/data from key stakeholders to assist in the preparation and implementation of the project; 17 - Ensure that stakeholders understand how they could be affected and what role they could play in the implementation of the project, particularly the retrenchment plan; - Provide opportunities for stakeholders to express their opinions and concerns with regards to the project preparation and implementation; - Ensure transparency, trust and engagement amongst the multiple stakeholders. 5.2. Proposed strategy for consultations This section outlines the main stages of the engagement process that will be conducted during the restructuring activities phase of the project. Stakeholders engagement in this phase will focus on activities related to the retrenchment and the Grievance Redress Mechanism. The proposed consultations methods to consult each relevant stakeholder group is summarized in the table below: 18 Table 5.2-1: Summary of proposed consultations Timetable: Location and Project stage Topic of consultation Method used Target stakeholders dates Responsibility Perceptions and opinions on the DPPP Directorate of Public Retrenchment Plan selection GAMTEL/GAMCEL Private Partnerships criteria and the severance HR DPPP packages Focus group meetings Completed in June and GAMTEL/GAMCEL Preparation November, 2019 Staff Association Perceptions and opinions on the Meetings DPPP Directorate of Public GRA related activities to be Private Partnerships GRA financed DPPP DPPP Submission of the Directorate of Public MOICI Retrenchment Plan draft to Completed in December, Private Partnerships Preparation Official E-mail GAMTEL/GAMCEL relevant stakeholders for their 2019 DPPP Office of the President review and comments DPPP Perceptions and opinions on key GAMTEL/GAMCEL Directorate of Public modifications to enhance the HR Private Partnerships Preparation Focus group meetings Prior to appraisal Retrenchment Plan prior to its GAMTEL/GAMCEL DPPP finalization Staff Association 19 Timetable: Location and Project stage Topic of consultation Method used Target stakeholders dates Responsibility DPPP Directorate of Public GAMTEL/GAMCEL Private Partnerships , GRM dissemination though HR DPPP Establishment- prior to Preparation & GRM establishment and diverse channels, Regular GAMTEL/GAMCEL appraisal Implementation operationalization formal meetings, capacity management Operationalization- Ongoing building workshops GAMTEL/GAMCEL Staff Association The Ombudsman office Preparation Review and validation of the project ESRIM instruments Desktop review Prior to appraisal DPPP Directorate of Public including the ESCP, SEP, GRM, Validation GAMTEL/GAMCEL Private Partnerships LMP and Retrenchment Plan meetings/presentations HR (DPPP) GAMTEL/GAMCEL management GAMTEL/GAMCEL Staff Association World Bank GRA/DDHRA Implementation Retrenchment Plan Retrenchment committee will At least 18 months after the DPPP Directorate of Public implementation prepare semi-annual, annual final and validated GAMTEL/GAMCEL Private Partnerships progress Retrenchment Plan reports Retrenchment Plan draft. HR (DPPP) detailing the performance of GAMTEL/GAMCEL the implementation, including management stakeholder’s engagement. GAMTEL/GAMCEL This report will be released to Staff representative the general public. Implementation The Grievance management Ongoing DPPP Grievance Redress Mechanism committees will prepare semi- GAMTEL/GAMCEL DPPP legal specialist progression annual reports detailing the HR GRM progresses. This report GAMTEL/GAMCEL will be released to the general management public. GAMTEL/GAMCEL Staff representative 20 Source: consultations December 2019 21 6.0. RESOURCES AND RESPONSIBILITIES FOR IMPLEMENTING THE SEP ACTIVITIES 6.1. Resources The management, coordination and implementation of the SEP and its integral tasks will be the responsibility of dedicated team members within the Gambia Fiscal Management Development project PIU and its local sub-contractors. The PIU legal specialist will be responsible for maintaining a comprehensive database of the project prepared, disclosed, disseminated and implemented documents as well as the GRM database. Table 6.1-1: Cost estimates Engagement Technique Cost Estimate Dalasi (in USD) Correspondances (Phone, e-mail, etc.) 149 ,850 3,000 Meetings in Banjul and provincial meetings 1,498,500 30,000 GRM training workshops 1,498,500 30,000 Radio & TV announcements 349,650 7,000 GRM implementation 990,000 20,000 Total 4,486,000 90,000 Source: consultations May-June-July 2019 6.2. Monitoring and Evaluation Monitoring and evaluation are key elements of the Stakeholder Engagement Plan to ensure that it is implemented in accordance with the proposed activities and its proposed objectives are achieved. The objectives of the Stakeholder Engagement Plan monitoring, and evaluation activities are: - Monitoring specific situations or difficulties arising from the implementation of the Stakeholder Engagement Plan; - Evaluating the mid- and long term impacts of stakeholders engagement on identifying and implementing measures to maximize project benefits and minimize negative impacts, managing stakeholders expectations and responding to their concerns; - Adjusting the SEP implementation methods during the course of the project as required and update the ESCP accordingly; - Ensuring that activities are taking place when and as required; - Providing lessons learned for amending strategies and long-term perspective; Monitoring of the SEP plan will also involve assessment of the following areas: - Engagement processes and stakeholders’ comments: consultation forums, analysis of stakeholder comments and feedback provided to stakeholders; - Disclosure methods and materials: types, frequency, and location of project information dissemination; - Management of expectations: particularly as it relates to access to employment and other potential opportunities; - Community attitudes and perceptions: general community attitudes and perceptions of the project; - Grievances process: particularly related to management and redressal of grievances; 22 - Implementation arrangements: the adequacy of staff and means; - Internal and external reporting on the SEP. Monitoring will be achieved through a number of activities that will include direct opinions by GAMTEL/GAMCEL staff, surveys and questionnaires distributed to stakeholders, analysis of feedback received from stakeholders, and review of GRM reports. Moreover, monitoring results will serve to improve (i.e. tailored sensitizations) project implementation including the Retrenchment Plan activities. The project will develop a stakeholder engagement monitoring plan, as presented in table 6.2-1, prior to the start of the retrenchment phase with a number of anticipated indicators to monitor the effectiveness of activities throughout the duration of the project. Table 6.2-1: Monitoring Plan for the Stakeholder Engagement Plan Monitoring Measures Frequency Responsibility 1. Meetings / Other Engagement Activities Engagement activities per period (e.g. number of meetings, interviews etc.) Monthly PIU Stakeholders attendance rate Monthly PIU Topics of consultation with workers and other stakeholders Monthly PIU Methods and tools used and their effectiveness Monthly PIU Monitoring of positive and negative comments received Actions taken to respond to concerns raised by stakeholders during Monthly PIU consultations 2. Disclosure Materials and Information Dissemination Information materials disseminated: Number and types of disclosure material Monthly PIU distributed Where and to whom has project information been provided Monthly PIU Media interactions and advertisements Monthly PIU Communicating project impacts before activities Monthly PIU 3. Stakeholders Review stakeholder identification and analysis Monthly PIU Level of participation of stakeholders: when questions raised, activities… Monthly PIU Perception and attitude survey with a sample of the affected GAMTEL/GAMCEL staff and other stakeholders to gauge their level of support Quarterly for the project, and their interests and concerns about current activities PIU Perceptions and opinions of GRA employees concerning the activities of the Gambia Fiscal Management Development project 4. Committees and Partnerships Number of committees established / duration of operation Annually PIU Number of meetings / engagement activities Monthly PIU Performance of partnerships: number of activities successfully completed for the Quarterly PIU period Source: consultant June-December 2019 7.0. GRIEVANCE REDRESS MECHANISM 7.1. Objectives and grievances categories The Grievance Redress Mechanism (GRM) is an essential tool that enables stakeholders to convey their grievances to the project and allows project to properly address them in a timely manner. For the purpose of this document, “grievances� refers to any formal concerns, complaints, suggestions or any other equivalent terms. It is anticipated that retrenchment related activities may induce grievances, thus the present GRM aims to: (i) facilitate the implementation of the retrenchment plan (ii) identify systemic issues, during the implementation of the Retrenchment Plan, that allow for rapid corrective measures (iii) increase stakeholder’s participation and strengthen their ownership of Retrenchment Plan 23 activities (iv) promote accountability (v) strengthen the development results of the SOE project. Aside, the project will establish and make effective a distinct GRM for project workers consistent with the World Bank Environmental and Social Standard on Labor and Working conditions. Categories of grievances include: ✓ Disputes related to non-compliance with dismissal criteria; ✓ Disagreement during negotiations on redundancy packages; ✓ Dispute on the severance package amount; ✓ Delays in the provision of funds or payment of voluntary retirement packages; ✓ Delays in the provision of funds or in the payment of voluntary departure or dismissal packages; ✓ Conflicts related to the diversion or suspicion of diversion of the workers benefits; ✓ Conflict caused by the non-compliance of a commitment from one of the Retrenchment Plan stakeholders; ✓ Incidents due to lack of communication; ✓ Conflict of interest; ✓ Conflicts between employers and employees related to late (or non-payment) of wages or bonuses; ✓ Disputes related to the removal or reduction of financial or non-financial benefits; ✓ Disputes related to the degrading treatment of certain executives; ✓ Disputes related to an administrative task. 7.2. Institutional Framework of the GRM Implementation The GRM institutional framework is intended to provide a description of the various committees that will be set up by Steering Committee to achieve the objectives assigned to the Retrenchment Plan. It involves all stakeholders in the Retrenchment Plan implementation process. This GRM consists of two (02) levels: - Level 1: The Regional Grievance Management Committee (RGMC), which will based at GAMTEL's regional office in the capital of Local government area (LGA). It is chaired by the HR Director of GAMTEL/GAMCEL. - Level 2: The Enterprise Grievance Management Committee (EGMC) which will be housed at GAMTEL or GAMCEL headquarters as appropriate. It is chaired by the GAMTEL or GAMCEL General Manager. This decentralization of the GRM will, among others, allow for workers in the provinces to access the GRM without physically going to Banjul. The GRM committees are created by an administrative act of GAMTEL or GAMCEL General Manager or by order of the Ministry of Information and Communication Infrastructure (MOICI), according to the levels and concerning the creation, the composition and the functioning of the grievance management committees as presented in the table below: 24 Table 7.2-1: Composition of the Grievance Management Committees President GAMTEL/GAMCEL HR Director Secretary Director or GAMTEL/GAMCEL manager at the regional level Regional Grievance - (01) Regional staff association representative Management Members - (01) Member elected by the regional staff to serve on the committee - (01) Committee (RGMC) Regional Ombudsman focal point Total members (05) Five President GAMTEL or GAMCEL General Manager Secretary GAMTEL/GAMCEL HR Director Enterprise - (01) NGO representative appointed by national NGOs the human rights and Grievance social protection sector Management - (01) Staff association president Members Committee (EGMC) - (01) Member elected by the staff to serve in the committee - (01) Member (woman) elected by the staff to serve in the committee - (01) Gambia Fiscal Management Development project PIU legal specialist Total members (07) Seven - Grievance registration notebook Material support for - Grievance record form Grievance - Grievance redressal status and monitoring notebook Management - Templates of minutes for grievance resolution Committees - Toll free call number Source: Field data June 2019 25 It should be noted that at each level of the GRM, any members of the GMCs could receive a grievance and require to submit it to the relevant GMC secretary for registration. Enterprise Grievance Management Commitee (EGMC) Gambia Fiscal Management Development Project Implementation Unit (PIU) (PIU Legal Specialist) Regional Grievance Management Committee Information exchange between the concerned entities. (RGMC) Hierarchical link Figure 1 : Diagram of the GRM institutional framework and information flow 7.3. The Grievance Redress Mechanism (GRM) Operational Procedures During the GRM disclosure process, employees will receive a brochure of the GRM procedures. Alternatively, the content of this document will be read to illiterate workers who will confirm their understanding by signing a form. Communities and individual workers who believe they are adversely affected by the Gambia Fiscal Management Development project may submit their claims to the existing process, the description of which is as follows: 26 Step 1: Grievance Receipt, Registration and Uptake Channels The receipt and registration of grievances consists in allowing any GAMTEL/GAMCEL worker or any other natural or legal person to convey their grievance to the various GRM management committees. In complex and/or sensitive situations, these grievances are made anonymously through the various channels (email, letter/note, in person through a representative, etc.) to protect the plaintiff and to allow for an investigation. Each member of the committee constitutes an uptake channel where a complaint can be filed. Grievances can be submitted by: - official mail; - phone call (toll free number); - sending an SMS (short message service); - in person (staff who receive grievances verbally must put them in writing); - e-mail ; - complaint boxes at the premises of GAMTEL/GAMCEL and/or any other location deemed relevant by the project ; - etc. The complaint boxes will be consulted every day to ensure that submitted grievances are promptly addressed Step 2: Assessment, Acknowledgement and Response ✓ Acknowledgment of receipt Each member of GRM Committee receiving the grievance must inform the plaintiff (using the plaintiff’s preferred acknowledgement of receipt/way of notification) () that the grievance has been received, that it will be registered by the relevant Secretary, given a reference number and assessed to determine its eligibility. When the plaintiff files the grievance in person, the acknowledgment of receipt is immediately given to him/ her and the notification to the relevant secretary must be made within two days. When the grievance is filed in other forms including phone calls, emails, complaint boxes and SMS, the acknowledgment of receipt is sent within a maximum of two days and a maximum of five days for for official mails. ✓ Assessment of eligibility Eligibility is based on the following criteria: i. Does the plaintiff indicate whether a person, body/service or retrenchment activities or processes have had a negative impact or economic or social harm on the plaintiff or could have such impact or harm? ii. Does the grievance specify the type of existing or potential impact or harm, and how the person, service or structure has or may have caused such impact? iii. Does the grievance indicate that the plaintiff is the one who is impacted or at risk? Or it indicates that the plaintiff represents affected or potentially affected stakeholders? iv. Does the grievance not concern cases that have already been settled? v. Is the grievance documented? Any relevant details about the date, place, date of appointment, department/unit, copies of any letters or other documents to support the grievance? 27 The grievance eligibility assessment is made within 5 days of receiving the grievance. If a grievance is deemed ineligible, the reasons for this decision must be provided to the plaintiff. ✓ Assignment of Responsibility: The claims are referred to the competent GAMTEL/GAMCEL entity based on the plaintiff issue. Given that various partners will intervene in activities related to retrenchment or early retirement, it is important that the EGMC coordinates the GRM implementation and the response to the plaintiffs. Plaintiffs are sent a response to their grievance through their chosen route. In total, grievances acknowledgement of receipt and its eligibility assessment are made within 5 days of the grievance reception. Step 3: Investigation and Response Proposals Investigation The concerned Grievance Management Committee (Enterprise Grievance Management Committee and Regional Grievance Management Committee) will review the details and grounds for the grievance with the assistance of a resource person, if necessary. Additional support or information may be gathered from other fitting source to more clearly describe the cause and effects of the grievance, its urgency or seriousness and its link to the retrenchment. Surveys may include an in-depth assessment (field visits, collection of evidence, technical expertise) to determine: the scale and impact of the grievance and what options there may be for appropriate responses or resolutions. This GRM provides for two types of response proposals/decisions: − direct action to solve the problem (awareness, training, compensation, conciliation or mediation); − further assessment and engagement with the plaintiff and other stakeholders to jointly determine the best solution and its implementation. The time for the response proposal must not exceed 17 days from the date of receipt of the grievance by the GMCs. Step 4: Communication of the response proposal to the plaintiff and seeking an agreement The committee is held responsible for communicating the proposed response, in writing or by any other means, in a language understandable to the plaintiff. Where appropriate, plaintiffs may be invited to meetings to review and revise the initial approach. The response should include a clear explanation for the proposed response, the nature of the response and the options available to the plaintiff in light of the response. If the plaintiff does not agree with the resolution proposed, he or she can refer the matter to the Enterprise Grievance Management Committee level; If an agreement is not reached at this level, the EGMC 28 members must ensure that the plaintiff understands what other official remedies (village chiefs, chiefdoms, Labor Commissioner, courts, Ombudsman Office etc.) are available through the administrative or judicial system. The answer must include a clear explanation of why the response is proposed. Options may be a proposed draft agreement, a referral to a higher authority, further dialogue on the proposed action or participation in the proposed evaluation and engagement procedure. In addition, the response must indicate all other organizational, judicial, non-judicial but official remedies that the plaintiff may consider (village chiefs, chiefdoms, Labour Commissioner, courts, Ombudsman Office etc.) Although it varies in practice, the proposed response must be communicated within 15 days of receipt of the grievance. This period may be extended by 7 days depending on the nature or complexity of the dispute. Where grievance claim serious damage or risk and/or serious rights violations, the operational procedures of the GRM shall provide for an expedited response, either by the GRM or by referral to another instance with immediate notification to the plaintiff of this referral. The plaintiff may or may not accept the proposed response. If the worker or plaintiff disagrees with the decision of inadmissibility, rejects the proposed direct action or refuses to participate in a more thorough assessment and engagement process with the stakeholders, the settlement authority must clarify the reasons for the refusal, provide additional information and if possible, revise the proposed response. If an agreement is still not reached, the GRM committee that ruled on the complaint must ensure that the worker or plaintiff understands what other remedies may be available, through the administrative or judicial system. The GRM Committee must document the outcome of discussions with the plaintiff and clearly indicate the options that were offered and the reasons for the rejection. Step 5: Implementation of the Proposed Response The proposed response must be implemented when agreement has been reached between the worker or plaintiff and the GRM Committee to proceed with the proposed action or stakeholder engagement process. When the initial proposed response is to start a process of evaluation and engagement of all stakeholders, this procedure may be carried out by the staff required by the GRM Committee to do so or by other entities considered as impartial and effective by the GRM committee, the worker or plaintiff and other stakeholders. When a cooperative approach is possible, the GRM committees must be responsible for its oversight. These committees can directly facilitate the work of stakeholders, contract with a mediator or use traditional conflict resolution and consultation procedures (village chiefs, chiefdoms, Labour Commissioner, courts, Ombudsman Office etc.) 29 It should be noted that, the Gambia Fiscal Management Development project should provide funds to implement the responses. Step6: Re-assessment of the Proposal Response in Case of Failure Several cases can lead to this: - Failing to reach an agreement with the worker or the plaintiff on the proposed response; - Multi-stakeholders’ conflict where the evaluation procedure concluded that a cooperative approach is not feasible. In these cases, the GRM committees should review the situation with the plaintiff and see if a change to the response can satisfy the plaintiff and other stakeholders. If this is not the case, the GRM committee (EGMC) must inform the complainant of other potential alternatives, including judicial or administrative review mechanisms. In the event that the grievance is lodged at the RGMC level, the latter must inform the plaintiff of the possibility escalating the matter to the EGMC. Regardless of the choice of the worker who filed the grievance or any other plaintiffs, it is important that the GRM committee that rendered the decisions, render and document the entire process. Step 7: Referral of Grievance If the plaintiff is satisfied with the proposed response, this should be documented by the GRM committees in charge of the process. In cases of serious risks and impacts and/or negative publicity, it may be appropriate to include documentation written by the plaintiff indicating his satisfaction after the response. In other cases, it will be sufficient for the relevant bodies to note the action and satisfaction of the plaintiff and other stakeholders. It may be useful to include lessons learned when the situation has been particularly complex or unusual. If the grievance has not been resolved, the relevant GRM committee must document the steps followed, the communication with the plaintiff, and with other stakeholders if significant efforts have been made to initiate or finalize a procedure involving different stakeholders and decisions made by the company and the plaintiff regarding referral or use of other alternatives, including the judicial process. In all instances, the GRM documents must maintain the confidentiality of details and provide disaggregated public statistics on the number and type of complaints received, the actions taken and the results obtained. Accurate documentation using an electronic database is essential for public accountability, organizational learning and resource planning for the operationalization of the GRM. 30 7.4. Recourse to another jurisdiction: Court Recourse to justice is possible in the event of failure of the amicable way. However, it is often a path that is not recommended for the project as it may delay the project activities. 31 1. Grievances receipt and registration E-mail, telephone, in person, complaint boxes Meeting Communication Others 2. Aacknowledgement (2 days) / Assessment and Response (3 days) 3. Investigation and Response proposals (17 days) Stakeholders engagement and Reference to another Direct response evaluation mechanism Yes, an agreement exists on the 4. Agreement on the response? (15 days) response No, an agreement does not exist 5a. Implementation of the agreed response 6. Review (according to agreed deadlines) The staff in charge of the claim examines whether to review the file, refer it to another instance or close it. 5b. Complaint successfully resolved 5c. Unresolved and closed complaint 7. Complaint referred to another body or closed. 32 Figure 2 : Diagram Process of handling complaints 7.5. The GRM Operationalization The operationalization of the GRM will require both human, material, technical and financial resources. The human resources for the establishment of the GRM and the functioning of the GRM were identified through the composition of each body. Material resources will consist of transportation means (vehicles, motorbikes), office equipment (computers, printers, scanners, etc.) and means of communication. As for the technical resources, they consist of capacity building plan for the actors of the GRM and all the actions and activities to be carried out. As far as the budget lines are concerned, they consist of investment expenditure and operating expenses (fuel, office supplies, etc.) Each type of resource will be detailed in the provisional budget in terms of acquisition objectives, total cost and implementation duration. Table 1 : Human, material and financial resources for the implementation of the GRM Resources Propositions Humans GRM committees’ members Technical - GRM capacity building plan - Actions and activities to be carried out Material Transportation means, office equipment et means of communication Financial Budget for operations The entire process of operationalizing the GRM will be based on the following three actions: - Implementation of the different levels of the GRM; - Training of members of the various GRM committees; - Provision of operating resources to GRM committees; Each action will be broken down into more detailed activities. 7.6. Main actions and timeline for the GRM implementation Action 1: Establishment of the GRM bodies In order to give the GRM an official status which is essential, it is important that the establishment of the different levels be the subject of an official decision by the MOICI/Board of Gamtel/Gamcel. The creation of each body must be confirmed by the adoption administrative authorities. A formal act respectively signed by the relevant authorities. This will give a formal and institutional to the GRM processes. Table 7.6-1 : Summary of activities related to the establishment of GRM bodies Levels Activities - Identify the members who can be part of it; Level 1: - Share the meeting schedules with all the workers in the region. - Organize meetings in each locality where the workers are located to Regional level ▪ Explain the retrenchment plan and its stages ▪ Explain the GRM procedures, how it works and distribute printed GRM 33 Levels Activities brochures/fliers ▪ Inform workers about the role and responsibility of actors in the GRM ▪ Designate and make known the persons responsible for registering complaints at the GRM ▪ Explain the role and responsibilities of the designated persons - Take an administrative act of creation - Organize the official committee inauguration. - send a letter to the workers - organize one or more meetings with the workers ▪ Explain the retrenchment plan and its stages ▪ Explain the GRM and how it works throughout the company Level 2: - Organize a working session with the workers' representatives on the list of Enterprise Grievance persons who have been made redundant or potentially intended for early Management retirement to Committee level ▪ Explain the retrenchment plan and its stages ▪ Explain the GRM and the operation of the Enterprise Grievance Management Committee (EGMC) - Take an administrative act of creation - Organize the official committee inauguration ceremony. Source: consultations June 2019 Action 2: Training of the members of the different GRM levels Training of members of the GRM committees from the various levels is a key step in the success of the GRM. It should involve all members, especially those involved in registration, grievance handling and conflict resolution. Training activities are covered in detail in the section "GRM actors’ capacity building plan". Action 3: Providing the operating resources Each body or level of the GRM will be provided with resources to operate while taking into account the grievances to be handled. The Regional Grievance Management Committee (RGMC) and the Enterprise Grievance Management Committee (EGMC) will receive a large amount of grievances and should therefore be endowed with the appropriate resources. To ensure the effective functioning of the GRM, a support to the redressal of grievances could be reserved in the Annual Working Plan Budget (AWPB) for the purpose of providing prompt solutions to conflicts especially when their resolution has a financial impact. Table 7.6-2 : Summary of the allocation of material and financial resources to the GRM committees GRM level Material means Financial means - Office supplies (registers, pencils, pens, erasers, reams of paper...) - Computer equipment: 1 computer + batch of Level 1: operating budget computer consumables, Regional level - Transport + fuel - Equipment and means of communication: (telephones, call credit package) Level 2: - Office supplies (registers, pencils, pens, erasers, Enterprise Grievance reams of paper...) operating budget 34 Management - Computer equipment: 1 computer + batch of Committee level computer consumables, - Transport+ fuel package Technical and logistical equipment - Equipment and means of communication: (telephones, call credit package) - Source: Consultation June 2019 35 Table 7.6-3: Timeline for the implementation of the Gambia Fiscal Management Development project GRM activities MONTHS Actions Activities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Create and officially inaugurate Regional Grievance Actions 1: Establishment Management Committees of the different GRM Create and officially inaugurate Enterprise Complaint bodies Management Committees Design training modules Actions 2: Training of Produce training materials the members of the Organize a national workshop different GRM levels Organize a regional training workshop Inform and educate workers on the Retrenchment Plan and its Action 3: Providing the phases GRM bodies with means Acquire and deliver computer and office equipment of operation Acquire and deliver other materials (phones) Collect the monitoring data for the implementation of the GRM Supervision and Elaborate and transmit the GRM activities reports coordination of the GRM Provide oversight and coordination of GRM activities Carry out two (02) evaluations of the GRM x x 36 7.7. GRM Capacity Building Plan 7.7.1 Justification of training program The training and capacity building of actors involved in the GRM is a determining factor in achieving the objectives assigned to it. A training program for actors is justified not only by the diversity of the members that make up the various bodies of the mechanism, but also by the complexity of the conflicts and the issues underlying the problem of redundancy. It is therefore appropriate to include in the process of setting up the GRM, a training component to enable key players to acquire the necessary knowledge to deal effectively with potential conflicts. 7.7.2. Capacity building for GRM actors Consultations with key stakeholders during data collection identified the capacity building needs of the GRM stakeholders. The analysis of the expressed needs indicate that the training or capacity building program of the actors must be built around the following topics: on the procedures of redundancy and the efficient operationalization of the GRM. This main theme will be treated in the form of modules that will be adapted to the specific needs of each category of actors. Aside from the modules, the PIU will have to resort to external expertise. The cost of this expertise is included in the projected budget of the GRM. The targets of the training program are the members of all the GRM bodies plus the PIU and members of the GAMTEL/GAMCEL management teams. Table 7.7-12 : Training modules for the GRM actors Central theme Module Objectives Expected results The actors benefiting from the support Knowledge and Stakeholders take sustainably improve Appropriation of the Comprehension and use of the GRM appropriation of the GRM their knowledge and GRM and use it their appropriation of the GRM National and international legal framework Actors benefiting from the support, Retrenchment plan should comprehend Acquiring knowledge on and labor legislation in Labor Policies in the Gambia the political and legal the topics covered the Gambia Content of the Retrenchment Plan framework of labor in the Gambia Employer-employee’s relations Actors benefiting Negotiation techniques from the support, Retrenchment Plan Acquisition of knowledge Prevention and conflict resolution techniques should comprehend implementation and know-hows Grievance-handling techniques (process and the management and use of field tools) monitoring mode of 37 the RP Advocacy techniques implementation process Youth, gender and GRM Actors benefiting Workers engagement, participatory approach from support, should comprehend the Acquisition of knowledge Cross cutting social engagement and know-hows Monitoring and evaluation techniques, monitoring and evaluation Total modules 11 7.7.3. Capacity Building Plan Budget The capacity building plan budget takes into account the following expenses: - Module design fees; - Production costs of training materials; - Costs of organizing a workshop including transportation and participants accommodation; - Administrative costs and communication. Table 7.7-23: GRM Capacity Building Plan Budget Unit price Cost N° Activity Quantity D USD D USD 1 Conception of modules 5,000 100 12 60,000 1,200 Production of training 2 300 6 25 7,500 150 materials 3 National workshop 3,000,000 60,000 1 3,000,000 60,000 Administrative and 4 25,000 500 Flat rate 25,000 500 communication costs Total 3,030,300 60,606 3,092,500 61,850 Source: Consultant, June 2019 /Rate used: 1 USD = 50.00 Dalasi 7.7.4. Monitoring and Evaluation System The objectives of the Monitoring and Evaluation System (MES) are: - Provide guidance on how the GRM will monitor performance during the project implementation; - Describe how the activities will be monitored in the field and how the data will be collected, processed, and presented to the different actors; 38 - Present the interactions between the different stakeholders. The MES is based on the principles of results-based management. As such, the focus is on the following: (i) are all retrenchment stakeholders aware of the existing GRM procedures? (ii) how many grievances were received and by whom? (iii) what places / localities / departments of the company managed the grievances? (iv) what is the profile of the plaintiffs (breakdown by age, sex, level of education, rank within the company, etc.); (v) what subjects are subject of complaints? (vi) when and how did the Grievance Management Committee handle and respond to the grievance and what steps were taken? How were the proposed answers communicated to the plaintiffs? Etc. The MES also foresees process indicators that can draw the attention of decision-makers to the risks of possible delays compared to the initial GRM schedule and make the necessary adjustments, without major impact on the project imminent phases. It also clearly establishes the responsibilities of the different entities involved in the implementation of this plan. � Collection tools: ✓ GRM Registration & Monitoring Form: This form can be typed when a computer is accessible, but it can also be filled in the manuscript while respecting its content. If the grievance is verbal or by phone; it will be transcribed on the sheet for traceability and sent to the secretary of the relevant Grievance Management Committee for registration. If it is sent in writing, it will be kept as such but recorded on the GRM Registration and Monitoring form and in the Grievance Register/Log; ✓ Grievance Register/Log: This is a notebook that indicates the name of the plaintiff, the telephone number and physical address, the date of the grievance filling, the summary of his/her grievance, the date of the response notification and the date of grievance resolution, etc. This register is kept by the respective secretary of the Grievance Management Committees; ✓ Satisfaction survey form: allows to gauge the level of satisfaction of the beneficiaries with the services received from the GRM; ✓ The Format of the Grievance Management Committees Report ✓ Success Story: A description of how using a service provided by the GRM changed things; � Compilation tools: ✓ Table summarizing the management of grievances related to the implementation of the Retrenchment Plan; ✓ An electronic system will allow for the computerization of all data collected and their processing. This system will save information while facilitating access and use. 39 7.7.5. Reporting The quarterly collected information will be processed to inform the indicators as defined in the GRM framework. Quarterly reports will be produced each year as well as an annual report that will provide yearly lessons learned and challenges. Aside from the contractual reports, a reporting format specific to the GRM (appendix 2) will be put in place which will include other indicators and analysis that may be useful for the overall strategy. The classic periods for reporting will be as follow: o Monthly report; o Quarterly report; o Semi-annual report; o Annual report. Table 7.7-3 4: Global indicators of the GRM system N° Grm Components Indicators -Number of information missions -Number of awareness campaigns Information, Education, 1 - Number of workshops and seminars Communication (IEC) - Number of training sessions - Number of people affected by different IEC activities - Number of training workshops - Number of regional workshops 2 Capacity building - Number of national workshops -Number of restitution workshops - Number of grievances registered (age-group, package type, gender, etc.) - Number of grievances processed - Number of untreated grievances - Number of grievances that have received a settlement agreement - Number of grievances that did not receive a settlement agreement - Number of grievances processed and sent to the higher authority 3 Grievance management - Number of grievances sent to the courts system - Number of confidential grievances (ex. corruption, VBG cases, etc.) -Level of workers’ perception on the management of grievances -% of grievances processed at the regional level -% of grievances processed at the enterprise level -% of grievances processed at the judicial level - Number of monthly reports - Number of quarterly reports - Number of semi-annual reports - Number of annual reports 4 Monitoring and evaluation - Number of evaluation reports - Number of activity monitoring reports - Types of grievances - Recurrent issues reported by the GMCs 40 8.0. ANNEXES Annex 1- Conciliation Minutes for Grievance Redress Mechanism (GRM) Year …………………………………………………………………………and the………………….. Following a grievance filed by …………………………………………… …………………………. Against ………………………………………………………………………………………………….. Regarding……………………………………………………………………………………………….. A conciliation meeting was held between the parties appointed under the auspices of the …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… At the end of this meeting, the following was agreed: …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… The plaintiff with respect to the proposed solution issued the following opinions: .................................................................................................................................................................... Have signed: The plaintiff: The party complained against: Grievance Management Committee president 41 42 Annex 2- GRM Registration & Monitoring Form GRIEVANCE REDRESS REGISTRATION AND MONITORING FORM Registration No: COMPLAINANT INFORMATION (PERSON REPORTING) NAME DESIGNATION DATE OF APPOINTMENT ADDRESS GENDER TELEPHONE EMAIL WHICH TYPE OF COMPLAINANT □ Directly Affected Person (AP) □ Intermediary on behalf of AP □ Civil Society Organization/NGO □ Government institution at local level □ Others (specify) COMPLAINTS DETAILS MODE OF RECEIVING THE □ Walk-in/Verbal complaint GRIEVANCE □ Telephone call □ Letter □ Email □ Suggestion box □ Others TYPE OF GRIEVANCE Grievance related to the non-compliance of the dismissal criteria Grievance on the amount of severance package Grievance related to demeaning treatment of the employer Grievance related to sexual harassment Grievance caused by the non-compliance of commitments 43 made by one of the retrenchment plan stakeholders Grievance due to inadequate communication Grievance related to disagreement during the negotiations on the dismissal or retirement packages as desired by the workers and not the national regulations Grievance related to delays in the provision of funds or payment of separation packages Grievance related to conflicts of interest SHORT DESCRIPTION OF THE ISSUE SHORT DESCRIPTION OF THE FACTORS CAUSING THE ISSUE PERSON/DEPARTMENT/ENTERPRISE CAUSING THE ISSUE: DETAILS OF THE GRM STAFF WHO RECEIVED THE PLAINTIFF NAME DESIGNATION DATE DECISION TAKEN BY GRM (MEDIATION) AT REGIONAL LEVEL DECISION TAKEN BY GRM (MEDIATION) AT THE ENTERPRISE LEVEL INCLUDING THE ALTERNATIVE DISPUTE 44 RESOLUTION SERVICES (ADRS) PROPOSED REDRESS MEASURES COMPLETED REDRESS MEASURES OBSERVATIONS/COMMENTS FORM COMPLETED BY Name: Office: Designation: Signature: Telephone No: CHECKED BY LEGAL SPECIALIST OF GAMBIA FISCAL MANAGEMENT DEVELOPMENT PROJECT 45 Annex 3: Grievance Management Committees Report Format 1. Identification Project title: Region: City/Town Enterprise: 2. Period of the report: 3. Presentation of the Grievance Management Committee Number of members of the Grievance Management Committee: Number of the active members of the Grievance Management Committee during the period: 3. Brief presentation of the project activities generating the grievances 4. Information on the Grievances Received and Managed 46 Number of registered grievances (residence, age, gender, education level, department etc.): Number of grievances handled: Number of grievances resolved at the Regional Grievance Management Committee Level: Number of unresolved grievances forwarded to the company's Enterprise Grievance Management Committee level (Level 2) and PIU or referred to other entities: 5. Main challenges and solutions used to overcome them 5.1. Main difficulties encountered with regards to the management of grievances: …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… 5.2. Solutions brought to these challenges …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… 47 6. Workers’ appreciation for the work done by the Grievance Management Committees. ……………………………………………………………………………………. ……………………………………………………………………......................... ……………………………………………………………………………………. 7. Lessons Learned ……………………………………………………………………………………. ……………………………………………………………………………………. ……………………………………………………………………………………. 8. Suggestions to improve the work quality of the Grievance Management Committees ……………………………………………………………………………………. ……………………………………………………………………………………. …………………………………………………………………............................. ……………………………………………………………………………………. ……………………………………………………………………………………. 48 Table summarizing the management of grievances N° Name, Date Update Type of Subject of Descriptio Notification of Transmission Date of Status/res D Griev contact of the chanel use activity the n of the the to a treatment olved to ance and the grieva (phone, generatin grievance grievance acknowledgeme department/en scheduled Grievance th plaintiff’ nce email, g the nt of receipt of tity for by the GRM (resolved s filing etc.) grievanc the grievance to resolution/pro Committee d address e and the the plaintiff cessing or not re location (yes/no) and outside the and date) g identity of the GRM (F person who Committees p notified the (yes/no, g acknowledgeme indicate h nt of receipt, department re date, time and and contact p form of person) notification 49 Annex 4: Consultations minutes REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (i) Stakeholder Engagement Plan (SEP) (ii) Retrenchment Plan (RP) (iii) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : GAMTEL Headquarter Date : 5/16/2019 Language : English used Number of : 23 participants 1. Actors consulted and objectives Discussions were mainly held with the GAMTEL/GAMCEL management including the enterprises’ deputy manager , general manager, secretary, director of customer service, director of human resources, director of internal audit, director of facility support, director of customer services, director of power and environment, head of finance, acting manager director, staff association president and representative at the board of directors. The main objectives of the meeting were (i) to identify stakeholders and define ways to involve them in the project preparation and implementation stages (ii) to inform the stakeholders on the project activities, its inherent risks/impacts and the instruments to be developed to manage such risks/impacts. The attendance list can be found in the appendix I. 50 2. Topics discussed with the participants - An overview of the project and its components was presented, including the social risks and impacts that the Gambia Fiscal Management Development project may induce on GAMTEL/GAMCEL personnel. The relevant instruments to be developed, such as the Environmental and Social Commitment Plan (ESCP), the Stakeholders Engagement Plan (SEP), the Retrenchment Plan (RP) and the Grievance Redress Mechanism (GRM) were described. The importance of these instruments in effectively managing the project's social risks and impacts through the recommendation of measures to avoid, minimize, or compensate such risks and impacts, including those related to retrenchment, were briefly described. - The importance of establishing a fair and objective grievance management procedures was thoroughly explained particularly, in relation with the retrenchment process. Discussions also touched on whether or not GAMTEL/GAMCEL have in place a formal and operational GRM that is accessible to the staff. To this end, the HR director explained that GAMTEL/GAMCEL has a grievance system in place, that is not a standalone document, but a few lines found in the companies’ service rules. Not every staff is aware of these procedures. 3. Participants perceptions - Deputy Managing director: we found out on social media and the cabinet press release that GAMGAMCEL will be separated from GAMTEL and that 1,001 staff will be retrenched. The personnel at GAMTEL/GAMCEL were not consulted on this. Since 2006, the government has been talking about retrenchment and it has never took off. Some of us are willing to leave if the retirement package is good. 4. Participants concerns -Wholesale department personnel: if the team can tell us the timeline of this restructuration. This whole restructuration story has created a lot of problems and confusion around the entire industry. The competitors are getting ahead, while we are in a limbo and we do not know how to move forward at present. It’s having an effect on the performance of the companies and the staff. There is an overall lack of productivity. 5. Participants questions - Mr. Mustapha Konte: would you give us an example of a project where these documents have been prepared in Gambia under the new Environmental Social Framework (ESF)? - Director of human resources GAMTEL/GAMCEL: the government is still not clear about the audit options that has been chosen, could you comment on this? - Director of facility support GAMTEL/GAMCEL: Is there any training on the preparation of environmental and social documents? Since the World Bank and the 51 government haven’t decided on an option yet, how will they go forward with the retrenchment plan preparation and cost estimation? - General Manager: Moving forward, can you tell us the content of the required environmental and social documents and how to go about preparing them? - Director of customer service GAMTEL: What is the purpose of this meeting, when no option has been picked as of yet? This is just adding more confusion and frustration. 6. Answers - The consultant indicated that there are currently two projects in the Gambia under the new Environmental and Social Framework (ESF), and it is essential that the project work with stakeholders during the documents development and during their implementation. - The consultant explained that at this stage of the project, the government is best suited to respond to whether or not an option (GAMTEL/GAMCEL merging or not) has been agreed upon. - The consultant clarified that ultimately the government would have to decide on which option (GAMTEL/GAMCEL merging or not) of the 2016 Human Resources (HR) audit to go with. Concerning the retrenchment preparation and cost estimation, the 2016 HR audit specified the number of employees to downsize in GAMTEL and GAMGAMCEL separately as well as the combined number to downsize for the two enterprises. - The consultant stated that the following document will need to be developed by the project: the GRM, the SEP, the ESCP, the RP and the Labor Management Plan (LMP). The content of each of these instruments was briefly explained by the consultant. - The consultant explained that at this particular stage of the project, the restructuration activities timeline hasn’t been defined yet. - The consultant clarified that the meeting objectives were to (i) to identify stakeholders and define ways to involve them in the project preparation and implementation stages (ii) to inform the stakeholders on the project activities, its inherent risks/impacts and the instruments to be developed to manage such risks/impacts. The consultant further explained that they can only disclose the information at their disposal at this stage. The consultant reiterated that an essential stakeholder engagement is for the project to continuously involve and inform stakeholders on the progression of activities. 7. Suggestions and recommendations - GAMTEL/GAMCEL staff association president: suggested for the consultants to organize a meeting with the staff association only. 8. Appendix I: Meeting with GAMTEL/GAMCEL management May 16th, 2019 52 REPUBLIC OF THE GAMBIA No First Last Status Email Name Name 1 Momodou Jammeh HR director momodou@gamGAMCEL.gm 2 Naceesay Marenah IT director naceesay.marenah@gamtel.gm 3 Sarjo Ceesay Company secretary sarjoc@gamGAMCEL.gm 4 Abdoulie Bah Director int.audit abdoulie.bah@gamGAMCEL.gm 5 Pa Tourray Director access network pa.touray@gamGAMCEL.gm 6 Sarjo Khan Director costumer service sarjokhan@gamtel.gm 7 Meen Faal HPSP mfaal@gamtel.gm 8 Abdoulie Bass Director power bassa@gmatel.gm 9 Fatou Fatty Deputy general manager fatou.fatty@gamtel.gm 10 Lamin Sillah Finance manager laminsillah@gamtel.gm 11 Mustapha Conteh Head of finance mustapha@gamtel.gm 12 Ebrima Jammeh Director core network ejammeh@gmaGAMCEL.gm 13 Charles Alvarez Head of roaming charles.alverex@gmaGAMCEL.gm 14 Kebba Kinteh CFO info@gamtel.gm 15 Ousman Njie Principal economist oussounjie45@yahoo.com 16 Amie Jallow Senior manager HR amie.jallow@gamGAMCEL.gm 17 Hafigy Sisawo Staff representative sisawo@gamtel.gm 18 Famou Nyass GAMTEL famou.nyass@gamGAMCEL.gm 19 Talibia Sanyang Manager security talibia.sanyang@gamGAMCEL.gm GAMGAMCEL 20 Modou Bojang Manager MAT account modou.bojang@gamtel.gm 21 Kebba Bojang Director of wholesale kebba.bojang@gamtel.gm 22 Elizabeth Johnson General Manager ejohnson@gamtel.gm GAMGAMCEL 23 Sidi Jaitel Managing director GAMTEL sidij@gamGAMCEL.gm Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (iv) Stakeholder Engagement Plan (SEP) (v) Retrenchment Plan (RP) (vi) Grievance Redress Mechanism (GRM) 53 City : Banjul Venue : Social Security and Housing Finance Cooperation (SHHFC) Headquarter Date : 5/17/2019 Language : English used Number of : Men 9 Women 0 participants 1. Actors consulted and objectives Discussions were mainly held with the Social Security and Housing Finance Cooperation (SSHFC) management. The main objectives of the meeting were (i) to identify relevant stakeholders and define ways to involve them in the project preparation and implementation stages (ii) to inform the stakeholders on the project activities, its inherent risks/impacts and the instruments to be developed to manage such risks/impacts. The attendance list can be found in the appendix I. 2. Topics discussed with the participants - An overview of the project and its components was presented, including the social risks and impacts that the Gambia Fiscal Management Development project may induce on GAMTEL/GAMCEL personnel and the SSHFC role during the retrenchment (pension delivery to eligible redundant workers in accordance with the 2015 SSHFC Act). The relevant instruments to be developed, such as the Environmental and Social Commitment Plan (ESCP), the Stakeholders Engagement Plan (SEP), the Retrenchment Plan (RP) and the Grievance Redress Mechanism (GRM) were briefly described. The importance of these instruments in effectively managing the project's social risks and impacts through the recommendation of measures to avoid, minimize, or compensate such risks and impacts, including those related to retrenchment, were also briefly described. - The importance of establishing a fair and objective grievance management procedures was thoroughly explained, particularly in relation with the retrenchment process. Discussions also touched on whether or not the SSHFC has in place a formal and operational GRM that is accessible to their staff and clients. To this end, the SSHFC indicated that they have no “in house� procedure for managing grievances. However, they are willing to put in place a specific in house GRM to deal with retrenchment related grievances for a specific period. - Discussions on the 2015 SSHFC Act revolved around: the eligibility criteria including the minimum years of service to qualify for pension, the pension benefits, the government servant (public servants only) to whom it applies to and provisions for special cases such as those who have less than 5 years of services. - The financial status (i.e. arrears) or up to date information on GAMTEL/GAMCEL contributions to the social security fund was also discussed. 54 3. Participants concerns - A participant explained that the SSHFC lacks experience in delivering pensions to redundant staff and have mainly dealt with withdrawal for retirement, rather than withdrawal at a large scale due to redundancy. Therefore, any risks with regards to this have to be shared between the Government, the SSHFC and GAMTEL/GAMCEL. - Most participants raised concerns regarding the outstanding loans that the government owe to the SSHFC, as well as the arrears that GAMTEL/GAMCEL owe to the SSHFC and how it may affect SSHFC’s capacity to deliver pension to eligible redundant workers. 4. Participants suggestions and recommendations - This is a large-scale retrenchment and it will affect the masses, the government needs to be mindful and give good severance packages; - The project needs to ensure that employees with less than 5 years’ experience will not be disadvantaged; - For the World Bank to include the payment of outstanding loans and arrears as a project indicator for disbursement; - For the government to pay their loans plus the accrued interests and for GAMTEL/GAMCEL to clear their arrears in order for SSHFC to deliver pension to the eligible retrenched workers. 5. Appendix I Meeting with the Social Security and Housing Finance Cooperation (SSHFC) management May 17th, 2019 No First name Last name Title Contact 1 Mohamadou Manjang Managing director mmanjang@sshfc.gm 2 Ansumana Touray D/managing director antouray@sshfc.gm 3 Fabuka Njaay DCA fabuka@sshfc.gm 4 Pierre Gomez DRPP Gomez391@yahoo.co.uk 5 Paul Correa Ag DHRA correapaulkl@hotmail.com 6 Edward Gomez DO adeltedengomez@gmail.com 7 Dodou Fain DIT jaim@sshfc.gm 8 Abdoulie Cham DFI acham@sshfc.gm 9 Ousman Njie Principal economist Oussounjie45@yahoo.com 55 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (vii) Stakeholder Engagement Plan (SEP) (viii) Retrenchment Plan (RP) (ix) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : GAMTEL Headquarter Date : 5/20/2019 Language : English used Number of : Men 8 Women 3 participants 1. Actors consulted and objectives Discussions were mainly held with GAMTEL/GAMCEL Staff Association (SA). The main objectives of the meeting were (i) to identify relevant stakeholders and define ways to involve them in the project preparation and implementation stages (ii) to inform the stakeholders on the project activities, its inherent risks/impacts and the instruments to be developed to manage such risks/impacts. The attendance list can be found in the appendix I. 2. Topics discussed with the participants On the project, its inherent risks and impacts and the instruments to be developed - An overview of the project and its components was presented by the consultants, including the social risks and impacts that the Gambia Fiscal Management Development project may induce on GAMTEL/GAMCEL personnel. The relevant instruments to be developed, such as the Environmental and Social Commitment Plan (ESCP), the Stakeholders Engagement Plan (SEP), the Retrenchment Plan (RP) and 56 the Grievance Redress Mechanism (GRM) were briefly described. The importance of these instruments in effectively managing the project's social risks and impacts through the recommendation of measures to avoid, minimize, or compensate such risks and impacts, including those related to retrenchment, were also briefly described. On the Staff Association National Structure - SA president: the staff association has 11 executive positions. All of the executive positions were renewed a year ago following elections. The executive members have a three year mandate at the end of which elections are held (the current executive members have served for one year). The first thing that we did when we got elected was to revise the constitution, including the association’s mandate and sent it to the staff for review/input. Once it was approved by all, the staff constitution was registered at national appropriate agency. A GAMTEL/GAMCEL employee is automatically a member of the staff association. - SA Secretary General: When a mandate ends, the management informs the staff and those who are interested to run for the positions can register and do so. - SA vice president: the association constitution calls for meetings, at least once a month, but we normally have meetings more than once a month. The means of communication includes a WhatsApp group, SMS, email and meetings. We also have an annual general meeting. There may be other extraordinary general meetings when deemed necessary. Finally, the executives gives regular updates to the members. On the handling of grievances (GRM) - SA Board of Directors (BOD) representative: the standard procedure is to report any griefs or concerns to the next line of hierarchy. The grievances must be addressed inside the company, it’s against the service rules to go outside of the company. At any disciplinary action, the staff association BOD representative must be present. Usually, when a staff is treated unfairly and approaches the staff association, the staff association will engage and mediate between the head of departments and the staff – in an informal manner. - SA president: staff choose to informally report their griefs to the staff association. We’ve received a lot of staff grievances lately as they feel much more comfortable to come and talk to us. - SA BOD Representative: the reality is that most staff don’t know about the grievance procedures. On ways to be consulted throughout the project - SA BOD representative: Once an area is targeted for consultations, it will be easier to have staff representatives from the provinces/area to be consulted. This is how we went about it when we had the staff association constitution reviewed. Also, many staff cannot read and may need translators. - SA vice president: how about having a representative of the staff in the committee that will manage the retrenchment process. The person will serve as a relay between the 57 staff and the committee. On vulnerable employees - SA BOD representative: for the deceased employees, if they’ve left behind children behind, then the staff association pays the children’s school fees and supplies until the 12th grade and this is for up to two children. - SA secretary general: GAMTEL/GAMCEL contributes 50% and the staff association 50% for a total of 500 000 dalasi and the fund is managed by the staff association. Also, keep in mind that employees with no formal education forms the majority of the staff. To raise funds for this, we buy food which is placed in our provision shop for the staff to buy sugar, oil, rice on credit. The borrower list is sent to HR in order to deduct repayments from their payroll. We also organized fundraiser events. There is also a staff association member fee of 100 Dalasi per month. - SA BOD representative: we have a lot of staff in the company who are contractors and under the National Providence Fund. They are more than 100 in GAMGAMCEL and are seen as full time staff. 3. Participants perceptions - SA BOD representative: we were never informed formally on the project. Whatever we know is based on what was discussed at the board meetings. I would listen to relevant points from the board meetings and informed the SA executives. So, we know that it is a World Bank project signed by the Gambia Ministry of Finance to carry the restructuring of GAMTEL/GAMCEL. There was also a study that gave several options of how to go about it. The study was given to the BOD to assess. The World Bank gave several options, the GAMTEL/GAMCEL management also submitted their options to the board for review. During this time, there was a Cabinet press release which specified the option agreed upon, therefore the companies’ management and board option was not conveyed to the government as planned. Also, no staff members knew of this project formally and although, the WB gave a presentation of the project to the board, a copy of this was only shared with the board. 4. Participants concerns - SA assistant secretary general: the Gambia telecommunications market is very small, and if a person is laid off, s/he won’t find a job easily. Therefore, there must be a retraining package offered by GAMTEL/GAMCEL for most retrenched employees. - SA Secretary General: I am from the rural areas (born and raised). I still take care of my parents financially, this way I know that their needs are met. Losing an employment will mean that my parents will also be impacted. - SA vice president: the Gambia has a tight interconnected community and therefore retrenchment will automatically affect the community. - SA assistant: there are also advertisers (made of individuals or small businesses) who exclusively advertise for GAMTEL/GAMCEL. They have exclusive rights. So 58 restructuring of the companies could mean that this group may be impacted. - SA President: there are students who study abroad under GAMTEL/GAMCEL scholarships. GAMGAMCEL has about 7 such students. I am concerned over the possible termination of these benefits because of the restructuration coming ahead. - SA BOD representative: people who said that they are willing to go if they receive a good package; they have served 10 over years and are going to retire; but those who are not close to retirement may have different views and could be impacted more. 5. Participants questions - SA BOD Representative: employees at retirement age can receive their pension but what about those who are below retirement age? - SA assistant: Will there be a severance package for the retrenched dependents? 6. Answers - The consultant explained that one of the reason why the development of a Retrenchment Plan is necessary is to ensure that, every affected person is adequately consulted and covered. - The consultant clarified that there won’t a severance package for the dependents of retrenched workers. 7. Participants suggestions and recommendations - This is a large-scale retrenchment and it will affect the masses, the government needs to be mindful and give good severance packages; - The project needs to ensure that employees with less than 5 years’ experience will not be disadvantaged; - The project must make sure that the severance packages are good for the employees and the families; - The lines of communication with the staff must stay open and done often to update on any changes; - One of the best way to minimize the impacts is to involve the affected staff in the entire process. Staff engagement throughout the entire process is key. The social impact is much more important than the financial impacts. The sector is very small and requires very specific skills, so once a person is retrenched, it’ll be diffi cult for them to find another job. The engagement of the staff during the entire process will help them plan better; - There is an entire hospital child ward that is sponsored by GAMTEL/GAMCEL for more than 30 years. Also, the main hospital mortuary staff are under GAMGAMCEL payroll and GAMGAMCEL supplies the electricity. GAMTEL sponsors every year, the first newborn of the year (this is usually done across various hospitals). The project needs to make sure that restructuring does not affect these community oriented actions. 8. Appendix I 59 Meeting with the GAMTEL/GAMCEL Staff Association May 20th, 2019 No First name Last name Institution Title 1 Yaya Gubba GAMTEL Secretary general 2 Abdou Gaye GAMTEL Vice president 3 Talisis Sanyg GAMGAMCEL President 4 Hafigy Sisawu GAMGAMCEL Staff representative 5 Jula Bah GAMGAMCEL Auditor 6 Amen Bayo GAMGAMCEL S/S 7 Bakary Fatty GAMGAMCEL PRO 8 Isatou Njie GAMGAMCEL Assistant treasurer 9 Fatou Bass GAMTEL Assistant social 10 Sheriffo Badjie GAMTEL Assistant SG 11 Ousman Njie MOFEA Principal economist REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (x) Stakeholder Engagement Plan (SEP) (xi) Retrenchment Plan (RP) (xii) Grievance Redress Mechanism (GRM) General information City : Banjul Date : 5/20/2019 Language : English used Number of : Men 2 Women 0 participants 60 1. Actors consulted and objectives Discussions were mainly held with the Labor commissioner. The main objectives of the meeting were (i) to identify relevant stakeholders and define ways to involve them in the project preparation and implementation stages (ii) to inform the stakeholders on the project activities, its inherent risks/impacts and the instruments to be developed to manage such risks/impacts. The attendance list can be found in the appendix I. 2. Topics discussed with the participants On the project, its inherent risks and impacts and the instruments to be developed - An overview of the project and its components was presented by the consultants, including the social risks and impacts that the Gambia Fiscal Management Development project may induce on GAMTEL/GAMCEL personnel. The relevant instruments to be developed, such as the Environmental and Social Commitment Plan (ESCP), the Stakeholders Engagement Plan (SEP), the Retrenchment Plan (RP) and the Grievance Redress Mechanism (GRM) were briefly described. The importance of these instruments in effectively managing the project's social risks and impacts through the recommendation of measures to avoid, minimize, or compensate such risks and impacts, including those related to retrenchment, were also briefly described. On the 2007 Gambia Labor Law and its application on State Owned Enterprises (SOEs) Labor commissioner: The 2007 Labor Act is the most recent and it is under review for about two months now. It applies to Civil services/servants but it is silent on Public services/servants. In Gambia, it is the Public Service Act that applies to both Pubic and Civil servant servants. It is therefore best that you focus on the Public service act as it applies to GAMTEL/GAMCEL. Also, the SSHC is covered under the 2007 Labor Act. On the handling of grievances (GRM) - Labor commissioner: grievances for Public servants is enforced by the Public Service Commission (PSC) and the Ombudsman office. Both the Public Service Act and the Ombudsman Act enunciates the procedures to follow to manage and redress grievances. However, the Ombudsman office is much more focused on grievance management. The Labor Act requires that retrenched workers report their griefs to the commissioner. However, any disputes/grievances that are brought to the commissioner six months after dismissal are not acknowledged. If the commissioner settles the grievance but the servant is still not satisfied, then the plaintiff can appeal by going to the labor court. Some plaintiffs may be represented by a trade union which will appeal to the labor court on their behalf. 3. Participants suggestions and recommendations Labor commissioner: For retrenchment, there are standard procedures to follow that are enunciated in the act. Although most public servants are not unionized, make sure to discuss with the staff association first, and to integrate whatever is agreed with them in the Retrenchment Plan. Any redundancy requires justification, so you will need to justify the need for retrenchment. If the employee is unable to perform a certain job, the Labor acts asks to consider providing retraining, if this is not possible then 61 consider redeployment (make sure the salary is not lower than what the servant has been earning) and if this is not possible, then the last resort is redundancy. Under the act, it says that “first in, last out� therefore your selection criteria should be based on the concept that, those who were there the longest will be the last ones to leave. The African Muslim Agency and Action aid are two NGOs that could possibly serve as support structures, if it is deemed necessary by the project. 4. Appendix I Meeting with the Labor commissioner May 20th, 2019 No First name Last name Institution Title Phone 1 Nyallow Barrow Dept. of labor commissioner 9993303 2 Ousman Njie MOFEA Principal economist 9962285 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (xiii) Stakeholder Engagement Plan (SEP) (xiv) Retrenchment Plan (RP) (xv) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : GAMTEL Headquarter Date : 5/20/2019 Language : English used Number of : 9 participants 9. Actors consulted and objectives 62 Discussions were mainly held with GAMTEL/GAMCEL Human Resources (HR) management. The main objectives of the meeting were (i) to identify relevant stakeholders and define ways to involve them in the project preparation and implementation stages (ii) to inform the stakeholders on the project activities, its inherent risks/impacts and the instruments to be developed to manage such risks/impacts. The attendance list can be found in the appendix I. 10. Topics discussed with the participants On the project, its inherent risks and impacts and the instruments to be developed - An overview of the project and its components was presented by the consultants, including the social risks and impacts that the Gambia Fiscal Management Development project may induce on GAMTEL/GAMCEL personnel. The relevant instruments to be developed, such as the Environmental and Social Commitment Plan (ESCP), the Stakeholders Engagement Plan (SEP), the Retrenchment Plan (RP) and the Grievance Redress Mechanism (GRM) were briefly described. The importance of these instruments in effectively managing the project's environmental and social risks/impacts through the recommendation of measures to avoid, minimize, or compensate such risks and impacts, including those related to retrenchment, were also briefly described. On the Staff Association National Structure - HR director: we have five regions and GAMTEL/GAMCEL are present in all five provinces. We also have GAMCELl size in almost all of the districts. In bigger provinces, we may have more than one customer service outlet. On the existing formal or informal mechanism to handle grievances HR director: GAMTEL/GAMCEL does not have clear procedures in place. There is just a policy statement, in the service rules, that is not thoroughly detailed. The statement mainly deals with internal issues. The managing director is the receptor of internal grievances and will redress the grievance together with an ad hoc committee. External issues (staff who no longer have contracts with GAMTEL/GAMCEL) are handled at the Ombudsman office. In the case of an external complaint that is filed at the Ombudsman office, the office will write/inform the GAMTEL/GAMCEL HR and the HR will respond to the Ombudsman. In the past, when there was a change in the political administration, there were some wrongful dismissal complaints, an appeal committee was set to review the matters and concluded that the process was not done properly and made recommendations, but everything was handled internally. They are no formal procedures in place to collect complaints incoming from the provinces. Senior manager HR GAMGAMCEL: when a staff does not understand the companies’ grievance procedure then they usually approach HR for guidance. And when there is a case that leads to a disciplinary meeting, the staff association is represented at the meeting. HR director: The internal procedure in place does not have provision for appeals. However, looking at our social setting, people usually try to resolve things internally as a family. Although going beyond or appealing may be a choice, the cultural context/ social fabric makes it difficult for people to quickly choose that option, 63 because they may be victimized for choosing that route. Most internal complaints are addressed in an informal way, for instance: a director and senior employee were not on talking terms and it affected the company’s operations. A concerned staff had informally raised it to HR, a meeting was held to discuss with both of them and the issue was resolved amicably. On vulnerable employees - HR director: Our policy requires for the companies to give to the family of the deceased a one-time lump sum of 50 000 dalasi for sympathies. If they left behind children who are pupils, the company together with the staff association will pay the school fees and supplies for up to 2 kids from grade 1 to grade 12th. The companies contributes 50% of the fund while the staff association also contributes 50%. On the downsizing impacts on the local economy and other actors - HR GAMGAMCEL director: the main hospital mortuary unit has two workers who are under the GAMTEL/GAMCEL’ payroll (they are contractors and not permanent staff). This done as part of our Corporate Social Responsibility (CSR). We also sponsor a children ward. We sponsor part-time and full-times scholarships for 7 students abroad. The restructuring may affect a lot of these services. 11. Participants perceptions - HR director: Two years ago, we received directives from the ministry of finance to reinforce conditions such as hiring freeze, reinforce retirement (after they retire, they will be re-engaged under a contract), ill workers and attendance. These measures may seem good in the short term but it has implications in the long run. Sometimes we need to recruit for certain unique skills that are needed for this fast-paced industry but we are restricted. Also, operating in a very competitive industry with a high staff attrition rate, because people are afraid and are leaving to seek opportunities elsewhere, is a challenge. Although, we’ve been losing non performing employees, we are also losing experienced staff. Early retirement could be an option (voluntary retirement and have access to social security), if you look at the companies structure, you’ll see that we have support services and this department constitute about 25% of the total workforce (i.e. drivers, security, housekeepers) so for this group, outsourcing may be a good option so that they are not just laid off, instead they can contract their services to GAMTEL/GAMCEL or other enterprises. 12. Participants concerns - HR director: GAMTEL/GAMCEL were set to review the service rules last week but the meeting has been postponed until Wednesday. The review may include replacing the service rules package proposal with option 2 of the 2016 HR audit recommendation. Furthermore, the obsolete pay structure developed in 2016 has contributed towards the high staff attrition rate and will make it difficult to recruit in the future. The pay structure is important because as much as we want to retrenched, the one who will remain will need to have a good package to stay. -HR director: Several employees owe money to GAMTEL/GAMCEL, which will probably get reduced from their pensions or severance package, this may heighten the emotional and financial distress of some employees. 64 13. Participants questions - Admin manager: for early retirement, in terms of pension benefits, how is it handled in other countries? - Training manager: since this is about the retrenchment, are there criteria’ on the World Bank side? - Senior HR manager: To right-size, some will become redundant, will it be aligned to the labor law of the Gambia or are there other legal frameworks in terms of the retrenchment package? - Manager administration GAMTEL: usually the retirement age is 45 to upward but those below this age, what will they get? Some may say that they will go voluntary because they’ve already hit the retirement age but what about those who have not? - Manager HRS: how do you implement the retrenchment plan? - Registrar: I would like to know who initiated the retrenchment. What are the implications? What are the selection criteria to be used? Some people are a few years from retirement, what happens to their benefits? What happens to retrenched employees who have loans to repay to GAMTEL/GAMCEL? 14. Answers - Consultant: pension benefits are usually directly proportional to the years of services and early retirement is usually subject to justification, which in this case will be retrenchment for those who are retrenched. - Consultant: The Bank has good practice notes on managing retrenchment. However, the retrenchment will be conducted in accordance to the relevant national laws on the matter. - Consultant: The Bank will assess whether the severance package specified in the relevant Gambia law is sufficient or if other support measures (good practices) will need to be applied to supplement the identified gaps. - Consultant: For those who are 45 and voluntary seek to go to retirement or those who are affected by retrenchment, the SSHFC law will determine the scheme that will apply to them. - Consultant: depending on the Retrenchment Plan arrangements, the retrenchment may be carried out by a committee, HR department, etc. - Consultant: the restructuring of SOE is a government initiative. The 2016 HR audit recommended retrenchment and provides options. The retrenchment will lead to the direct job loss of various employees and other indirect impacts. The retrenched and early retirements benefits will depend on the provisions that are stipulated in the relevant Gambian laws in particular the SSFHC law. However, the national legal framework will be compared to the Bank’s requirements in order to determine measures to supplement major identified gaps. - 65 No First Name Last Name Institution Phone 1 Rawsa Ceesay GAMGAMCEL 9966106 2 Momodou Jammeh GAMTEL/GAMCEL 9966387 3 Yaya Gibba GAMTEL 9962423 4 Amie Jallow GAMGAMCEL 9986910 5 Yahya Jobe GAMGAMCEL 9986997 6 Kaddy Jobaiteh GAMTEL 9977946 7 Lamin Jammeh GAMTEL 9963257 8 Bakary Drammeh GAMTEL 9888681 9 Yusupha Jammeh GAMTEL 9960111 15. Participants suggestions and recommendations - HR director: the current service rules includes a 2006 package proposal abstract from the Gambia Divestiture Agency policy (the agency no longer exist). However, the abstract did not propose a good package. This may be a point for the Bank/project team to closely analyze. 16. Appendix I Meeting with GAMTEL/GAMCEL Human Resources (HR) Management May 20th, 2019 66 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (xvi) Stakeholder Engagement Plan (SEP) (xvii) Retrenchment Plan (RP) (xviii) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : National Environment Agency Headquarter Date : 5/21/2019 Language : English used Number of : Men 2 Women 0 participants 1. Actors consulted and objectives Discussions were mainly held with the National Environment Agency (NEA). The main objectives of the meeting were (i) to identify relevant stakeholders and define ways to involve them in the project preparation and implementation stages (ii) to inform the stakeholders on the project activities, its inherent risks/impacts and the instruments to be developed to manage such risks/impacts. The attendance list can be found in the annex. 2. Topics discussed with the participants On the project, its inherent risks and impacts and the instruments to be developed - An overview of the project and its components was presented by the consultants, including the social risks and impacts that the Gambia Fiscal Management Development project may induce on GAMTEL/GAMCEL personnel. The relevant instruments to be developed, such as the Environmental and Social Commitment Plan (ESCP), the Stakeholders Engagement Plan (SEP), the Retrenchment Plan (RP) and 67 the Grievance Redress Mechanism (GRM) were briefly described. The importance of these instruments in effectively managing the project's social risks and impacts through the recommendation of measures to avoid, minimize, or compensate such risks and impacts, including those related to retrenchment, were also briefly described. On the NEA mandate - Executive director: what we do here is look at environmental and social aspects. The agency has almost 25 years of existence. We have dealt with lots of international institutions including the World Bank. We look at international policies in addition to national laws (relevant laws for the agency are the National Environment Impact Regulation 2014 and the National Environmental Management Act 1994). We normally review and validate Environmental and Social Impact Assessments (ESIAs), Resettlement Action Plans (RAPs) prior to the launch of project activities. However, a downsizing of workers is not under the NEA mandate. On the handling of grievances (GRM) - Technical director: I have participated in the Grievance Redress Mechanism (GRM) committee of the Trans-Gambia Bridge Corridor project financed by the African Development Bank. Also, the NEA has reviewed and approved of the NAWEC Gambia Electricity Restauration Modernizing Project GRM and we were also part of the GRM committee. I’ve had exposure to the GRM through the OMVG Sub- Regional Electricity Project. 3. Participants concerns - Executive director: the challenges we get with the GRM is the cost implications and long term functionality, because usually the budget is integrated in the project and once the project ends then the GRM ends as well. 4. Participants suggestions and recommendations - Technical Director: usually, projects take actions just to satisfy the requirement of the donors even when they do not have a good grasp on the issue. Organizing GRM workshops can help the agency as well as the projects to understand its content, which will help to improve the NEA’s GRM assessments and validations. 5. Appendix I Meeting with the National Environment Agency (NEA) May 21st, 2019 No First Name Last Name Institution Phone 1 Momodou Suwareh NEA 9962978 2 Dr. Daude Badge NEA 9966093 68 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (xix) Stakeholder Engagement Plan (SEP) (xx) Retrenchment Plan (RP) (xxi) Grievance Redress Mechanism (GRM) General information City : Banjul Date : 5/22/2019 Language : English used Number of : Men 1 Women 0 participants 1. Actors consulted and objectives Discussions were mainly held with the non-executive chairman of the board of directors of GAMTEL/GAMCEL. The main objectives of the meeting were (i) to identify relevant stakeholders and define ways to involve them in the project preparation and implementation stages (ii) to inform the stakeholders on the project activities, its inherent risks/impacts and the instruments to be developed to manage such risks/impacts. The attendance list can be found in the annex. 2. Topics discussed with the participants On the project, its inherent risks and impacts and the instruments to be developed - An overview of the project and its components was presented by the consultants, including the social risks and impacts that the Gambia Fiscal Management Development project may induce on GAMTEL/GAMCEL personnel. The relevant instruments to be developed, such as the Environmental and Social Commitment Plan (ESCP), the Stakeholders Engagement Plan (SEP), the Retrenchment Plan (RP) and the Grievance Redress Mechanism (GRM) were briefly described. The importance of these instruments in effectively managing the project's social risks and impacts 69 through the recommendation of measures to avoid, minimize, or compensate such risks and impacts, including those related to retrenchment, were also briefly described. 3. Participant concerns - Chairman: we have communication issues amongst ourselves (the companies and the government). The communication is not what it should be, I have picked up information regarding this project especially the retrenchment more informally than formally. May be it has to be with the cultural context. - Chairman: while these mechanisms or instruments by the Bank are great, they contribute to delaying the process. The additional bureaucracy of adding a GRM may further delay the process. This is important to note because GAMTEL/GAMCEL are losing money on a daily basis and the value of the companies is decreasing. One strategy that we are looking into is bringing an investor, and if the value continues to decrease, few investors will be attracted. So please kin this mind. - Chairman: I’ve been given clear messages about plans of retrenchment related sabotage including harming the GAMTEL/GAMCEL infrastructures. I have heard of this many times. Similar issues may be happening in the NAWEC SOE. Another issue is that we’ve lost senior experience official because of the uncertainty. 4. Participant suggestions and recommendations - We as a company and the government needs to have the communication improve because long term uncertainty will make it more difficult to implement retrenchment and may result in much severe negative impacts than anticipated. Looking at other retrenchments, I’ve seen it go well when there is transparent communication and consultations. However, regardless retrenchment is a difficult slice to hand out. - Chairman: the retrenchment has political implications. Political actors may capitalize on this to hurt the current administration. Therefore, it is important to manage the communication piece to help mitigate the political impacts that may result from retrenchment. Also the more retrenchment drags on, the more difficult the task. Furthermore, keep in mind that the retrenchment will eventually go beyond GAMTEL/GAMCEL therefore the severance package should be design with this in mind to help avoid further issues. 70 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (xxii) Stakeholder Engagement Plan (SEP) (xxiii) Retrenchment Plan (RP) (xxiv) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : National Environment Agency Headquarter Date : 5/23/2019 Language : English used Number of : Men 7 Women 2 participants 17. Actors consulted and objectives Discussions were mainly held with the Ombudsman Office. The main objectives of the meeting were (i) to identify relevant stakeholders and define ways to involve them in the project preparation and implementation stages (ii) to inform the stakeholders on the project activities, its inherent risks/impacts and the instruments to be developed to manage such risks/impacts. The attendance list can be found in the appendix I. 18. Topics discussed with the participants On the project, its inherent risks and impacts and the instruments to be developed - An overview of the project and its components was presented by the consultants, including the social risks and impacts that the Gambia Fiscal Management Development project may induce on GAMTEL/GAMCEL personnel. The relevant instruments to be developed, such as the Environmental and Social Commitment Plan (ESCP), the Stakeholders Engagement Plan (SEP), the Retrenchment Plan (RP) and 71 the Grievance Redress Mechanism (GRM) were briefly described. The importance of these instruments in effectively managing the project's social risks and impacts through the recommendation of measures to avoid, minimize, or compensate such risks and impacts, including those related to retrenchment, were also briefly described. On the Ombudsman office mandate - Ombudsman: the office was established through section 163 of the constitution and the Ombudsman act of 1997. Its mandate is to ensure that there is good governance, access to justice and promotion of the rule of law and human rights. The office Established in 1999, two years after the establishment of the act. We deal with cases from the public sector which will include GAMTEL/GAMCEL and we do not have a mandate to look at the private sectors. In addition to complaint handling and investigation, we also look at human rights including police and prisoners. After investigations, we provide recommendations and usually 98% of our recommendations are accepted, so we have no issue with the implementation of issued recommendations. We also submit a yearly report to the presidency and the national assembly. The national assembly invites us for any questions or clarifications regarding the report. The report that is sent to the national assembly does not have the names of the plaintiffs. Our services are highly confidential and free of charge. People can report their grievances through writing or the online form on our website. Usually when we write to the concerned, we give them two weeks’ notice to respond. If they don’t respond, we have a mandate to invite them at the office to discuss in person, but if the person still does not comply, we can submit it to the presidency for reinforcement. The ombudsman tenure is 5 years. There are “no go� areas for us, where the government has a stake, we can investigate. However, our limitations is the executive directive (cannot investigate) and anything decided by the court of law, we also do not have a say on a district tribunal judgment, on the prerogative of mercy (clemency) and ongoing court proceedings. The Ombudsman office is independent under the law. No interference from the ministries and the government. The funding is from the Ministry of Finance and Economic Affairs. We also use government auditors, though we are looking at how to do the audits separate from the government. Another aspect is that we have the mandate (section 223 of constitution) to carry asset declaration. The president has given the directive that all ministers have to declare their assets to the Ombudsman. There is a high compliance rate. This means declaring you asset as soon as you are engaged in the office and as soon as you leave the office. Once the data is collected, we will look at other good international practices on handling the assets data. We are planning to have lesson learning trips to Rwanda and Nigeria on how to analyze the data and what aspects need to be made public and kept confidential and how to verify data that is collected. On the handling of grievances (GRM) - Ombudsman: prior to the new government, the office received 200 cases a year. With the new administration, we receive around 400 complaints that are mainly on officials, wrongful termination and retrenchment. The staff is about 47 people including 22 core staff. Our services is extended at the provincial level with three offices. Because we 72 recruit our own employees, we sometimes invite the Public Management Office (PMO) to stay transparent. We have a sensitization directorate which carries out sensitization programs and workshops. We also establish focal points in the different provincial offices. We have a unit of complaint management. The Ombudsman is the last resort after using the “in house� GRM. But if a plaintiff insist on coming to the Ombudsman office rather than to start by the “in house� grievance procedures, then we accept his/her grievance and begin assessing. We sensitize communities through various channels such as newspapers, meetings in person community radios, and booths. On the Gambia Labor law application to SOEs such as GAMTEL/GAMCEL Director: section 19 of the Labor Act lays out the redundancy process and section 57 provides for a 6 month notice and pension benefits. This also applies to public servants. Deputy director: the Labor Law cover mainly private sector and not the public sector. Ombudsman: for this project, it’s best that the Bank consult their legal experts and the Ombudsman office will do the same. 19. Participants suggestions and recommendations - Ombudsman: retrenchment entails psychological trauma. The phobia of what is next. There is a need to sensitize them and give justification of the retrenchment. All the cards need to be put on the table for them to see and also explain why the process is good for the country. You will also need to reorient them which entails providing training programs, workshops, etc. The Ombudsman office has a Directorate of communication could assist the project on such matters. 20. Appendix I Meeting with the Ombudsman Office May 23rd, 2019 No First name Last name Title Phone 1 Ousman Njie Principal economist 9962285 2 Fatou Jallow Ombudsman 9956676 3 Ousman Nyang D/ Ombudsman 9966103 4 Juma Camara Director of communication 9857702 5 Pierre Sekca Director of investigation 99557 6 Landing Bondi Director of human rights Not given 7 Samba Bajie Deputy Ombudsman 9966102 8 Ebrima Sawo Principal accountant 3636108 9 Bertha Saine Administrative Manager 3666778 73 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (xxv) Stakeholder Engagement Plan (SEP) (xxvi) Retrenchment Plan (RP) (xxvii) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : Public Management Office (PMO) Date : 5/23/2019 Language : English used Number of : Men 10 Women 0 participants 1. Actors consulted and objectives Discussions were mainly held with the Public Management Office (PMO) and the Public Service Commission (PSC). The main objectives of the meeting were (i) to identify relevant stakeholders and define ways to involve them in the project preparation and implementation stages (ii) to inform the stakeholders on the project activities, its inherent risks/impacts and the instruments to be developed to manage such risks/impacts. The attendance list can be found in the appendix I. 2. Topics discussed with the participants On the project, its inherent risks and impacts and the instruments to be developed - An overview of the project and its components was presented by the consultants, including the social risks and impacts that the Gambia Fiscal Management Development project may induce on GAMTEL/GAMCEL personnel. The relevant instruments to be developed, such as the Environmental and Social Commitment Plan 74 (ESCP), the Stakeholders Engagement Plan (SEP), the Retrenchment Plan (RP) and the Grievance Redress Mechanism (GRM) were briefly described. The importance of these instruments in effectively managing the project's social risks and impacts through the recommendation of measures to avoid, minimize, or compensate such risks and impacts, including those related to retrenchment, were also briefly described. On the PMO and PSC mandate Permanent secretary PMO: it was created by the 1951 act. Our mandate (PMO) is to administer civil services including recruitment, pensions, coordinate training of civil servants. It’s a service that goes from entry to exit. The PSC considers issues of appointment, recruitment, promotions, addressing disciplinary issues and grievances in the civil service. The PSC are there to ensure fairness and impartiality in the recruitment. The PMO provides technical advice to PSC. The chairman of PSC is the pension authority. The PSC process retirement -including voluntary retirement; they will work with different ministries to set in motion the pension process. The PSC serve as the “Board� of the civil servant. Secretary Personnel are processed at the PMO (serve as secretariat), their assessment on the candidate is submitted to the PSC for appointments, dismissals, terminations, promotions, etc. Disciplinary issues are handled at the PSC. We also look at the code of conduct to tell the servants the dos and the don’ts. The PMO is also responsible for administering terms and conditions of welfare of civil servant. However, GAMTEL/GAMCEL are not under the PSC-PMO mandates. On the handling of grievances (GRM) - PMO secretary: we only have a central office in Banjul but we use existing provincial government structures to collect grievances. For instance, if a plaintiff is from a rural school, then he can submit his/her grievanceto the school’s principal. With the principal’s approval, it will be submitted to the regional director, and finally to the PSC who will endorse it prior to sending it to the PMO. The PMO gathers all of the information concerning the grievances as well as other evidence. The PMO serves as a technical advisor and writes to the PSC with a recommendation for PSC’s consideration. - PMO permanent secretary: we recognize that, reporting to the next line of hierarchy shouldn’t be the only option, this is an issue that the system has yet to address. However, sometimes plaintiffs can send their concerns to a much higher authority by having them in copy of the complaint letter. Apart from writing, the person can also call (this is not a toll free call) or come in person to deposit his/her grievance. - PSC secretary: If a grievance letter is sent to the PMO and did not go through the right channels (e.g. not signed by relevant ministry Permanent Secretary/PS), it tends to be frowned upon. Plaintiffs who feel as though the PSC/PMO processing is too slow usually go to the Ombudsman office. 3. Participants suggestions and recommendations 75 - PMO permanent secretary: the salaries of public servants are usually 3 to 2 times more than that of civil servants. In the case of GAMTEL/GAMCEL, their pay is controlled by the Board of Directors not the PSC/PMO. Also it’s important to keep in mind that the president of the Republic appoints the GAMTEL/GAMCEL executive management (CEOs, etc.), The GAMTEL/GAMCEL board appoints workers to a certain grade and the management directors also appoint to a certain grade. This is important because only the entity responsible for an employee appointment can terminate it. So if there is retrenchment in GAMTEL/GAMCEL, the project will need to take a closer look at these aspects. 4. Appendix I Meeting with the Public Management Office (PMO) and the Public Service Commission (PSC) May 23, 2019 No First name Last name Ttile Email 1 Lamin Jawara Perm. Sec PMO ifjawara@yahoo.co.uk 2 Abdoulie Jajumeh Secretary PSC jajumeh@yahoo.com 3 Lamin Saidy Director PMO laminsaidy3@yahoo.com 4 Ousain Barrow Director PMO barrowousain@yahoo.com 5 Baboucarr Sarr Director PMO sarryamie36@gmail.com 6 Nfamara Kuyateh DPS PMO kuyatehn@yahoo.com 7 Musa Camara DPS PMO camarak95@yahoo.com 8 Musa Cham Director PMO chamza1@yahoo.co.uk 9 Abdou Bah Director PMO anjafaminah.1@gmail.com 10 Ousman Njie Principal econ. Oussounjie45@yahoo.com 76 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (xxviii) Stakeholder Engagement Plan (SEP) (xxix) Retrenchment Plan (RP) (xxx) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : GAMTEL Headquarter Date : 6/25/2019 Time : Start of session: 2:30pm End of session: 4:15pm Language : English used Number of : Men: 16 Women: 2 participants 1. Actors consulted and objectives This consultation session was held on behalf of the GAMTEL/GAMCEL administration. The consultation objectives were (i) for the consultant in charge of the development of the ESCP, SEP, RP and GRM to present the mission’s objectives, the activities of the project that are likely to generate risks and impacts on GAMTEL/GAMCEL personnel and to finalize the agenda with regards to the GAMTEL/GAMCEL staff consultations. The attendance list can found in the appendix I. 2. Topics discussed with the participants -Presentation of the agenda and timeframe of the consultations to be held with the staff of GAMTEL/GAMCEL. -A brief presentation of the project and its components. The project sub-component 1.2 activities were explained including, the specific risks and impacts that may be induced by the 77 retrenchment of approximately 1,000 staff, the measures to avoid, mitigate or compensate such risks and impacts including those specific to vulnerable groups (illiterates, chronically ill, widows). Some “gentle� measures to avoid or mitigate retrenchment included, encouraging voluntary departure for early retirement or outsourcing and reinforcing retirement for those who qualify. -In addition, the consultant explained the severance packages recommended by 2016 Human Resources (HR) audit. Further explanation was given on the identification of vulnerable groups and its importance, the retrenchment implementation timeframe, the management of project related grievances and its importance, as well the reasoning behind the retrenchment selection criteria. -Finally, the consultant assured the GAMTEL/GAMCEL management that the entire consultations process will be conducted in a transparent manner, that their viewpoints and feedback are essential in the preparation of the aforementioned instruments (ESCP, SEP, GRM and RP) and the final drafts will be disclosed in the country and on the World Bank website. 3. Participants perceptions -Some participants perceived that the lack of agreement between the World Bank and the government on the restructuration options has led to, a lack of clarity among the GAMTEL/GAMCEL management and confusion/demoralization among the staff. -Many participants generally commented that, if the severance package is reasonable, they are willing to voluntary leave GAMTEL/GAMCEL. -Some participants expressed their exhaustion in the face of the dragged redundancy process, the lack of communication and delays in the overall implementation of the restructuration; a situation that has led to several staff leaving GAMTEL/GAMCEL and an overall unmotivated staff. - One participant was unsure of whether or not the World Bank consultants do not clarify the stakes of the project to deflect the management from influencing the general staff viewpoints. 4. Participants concerns -The management requested to be briefed on all the topics that the consultants will discuss with the staff during the planned consultations, so that they (management) can respond to questions/concerns raised afterwards. - A participant expressed concern on the timing of the consultants’ agenda, and that meeting unskilled staff requires preparation as it usually difficult to schedule a meeting with them. - A participant mentioned that the 2016 Hunan Resources audit is centered on the restructuring of the enterprise and not necessarily the retrenchment of employees, thus the consultant should avoid taking reference from the audit. - The implementation timeline of the Retrenchment Plan has to be short otherwise it will create issues. If the consultant meet with staff right now but the retrenchment comes much later then the staff is going to be demoralized and it may create an unmanageable situation for the management. 5. Participants questions 78 - What is the retrenchment implementation timeline? - How did you know that 1000 people will be retrenched? Was this a decision made prior to meeting with stakeholders? - The 2016 HR audit examined several options to merge GAMTEL/GAMCEL so which option has finally been retained? And if the restructuration does not involve the merging of the two enterprises, which of the enterprise will be more impacted by the retrenchment? -When will the retrenchment happen and who will fund it? - The 2016 HR audit was prepared much earlier and may not reflect the current situation. For instance, what happens if 60 staff members have already left the company? Also, for the severance payments, what is the minimum amount that will be given? 6. Answers - The consultant clarified that they are not World Bank consultants and are consulting on behalf of the Gambia Fiscal Management Development project. The consultant underlined that (i) they will present to the management the stakes of the project (including what will be said during the consultations with different staff groups) and that the entire process of developing the instrument is based on transparency (ii) and ensured that the final drafts of the instruments will be accessible and published in-country and on the World Bank website. - The consultant thoroughly explained the Retrenchment Plan contents including the justification of the retrenchment, the number of workers to be laid off, the selection criteria to be used, the methods used to determine the severance payment options, the identification of vulnerable groups and its importance, the retrenchment implementation timeframe, the management of grievances at the various layers and its importance and finally, the Gambia legislative framework with regards to retrenchment. - The consultant revealed to have had discussions with the Human Resources (HR) director to make all of the necessary arrangements, including the need for a translator and other provisions to ensure inclusive and culturally appropriate consultations. - The consultant clarified that the implementation timeline will most likely based on the provisions found in GAMTEL/GAMCEL internal rules and regulations of dismissals or the options recommended by the 2016 HR audit. - The consultant stated that the information on the number of employees to be retrenched (approx.1000 people) was found in the Project Appraisal Document (PAD), the 2016 HR audit and the Cabinet press release which agreed with the audit recommendation of downsizing around 1001 workers. -The consultant clarified that in the context of this project, the restructuration will involve retrenchment. Accordingly, the 2016 HR audit is an important reference as it gives the purpose of the retrenchment within the context of the Gambia Fiscal Management Development project’s objectives and justification. -The consultant expressed that currently, the most viable option approved by the cabinet is the retrenchment of 1001 employees from GAMTEL/GAMCEL. 79 - The consultant explained that according to what is being planned, the Retrenchment Plan under development is to be implemented 18 months after its finalization. Funding is provided by the government and sometimes, based on the government and the Bank negotiations, by the Bank. Nevertheless, it is usually the government who is responsible for the retrenchment funding. Based on the MOICI cabinet decision, the government has approved the estimated redundancy cost associated with the option of downsizing about 1001 employees and outsourcing certain non-core functions. - The consultant explained that the Retrenchment Plan under preparation took into account the change in the SOEs total staff numbers as this year. The minimum severance payment standard is dictated by the minimum obligation under the relevant national law. However, in some instances World Bank good practices may dictate going beyond the minimum standard sets out in national legislation. 7. Participants suggestions and recommendations - To start the consultations with the GAMTEL/GAMCEL management first in order for them to understand the stakes and to facilitate discussions whenever appropriate during consultations sessions with the general staff. - For the consultants to take into consideration the language barrier as a good number of the staff, especially those with no formal education, may not speak or understand English. - For the Ministry of Finance to keep in mind that although the Gambia Ports Authority are usually left out of the decision making, they have a 1% share of the enterprises. - To work closely with the GAMTEL/GAMCEL Human Resources directors and the staff association throughout the consultations of the staff. -To ensure that the Retrenchment Plan implementation is launched shortly after its development and avoid any further delays. 8. Appendix I Meeting with GAMTEL/GAMCEL Administration June 24, 2019 80 No First Name Last Name Position Telephone 1 Keloba Kinteh Ag CFO 9965015 2 Momodou Jammeh Director HR 9966387 3 Abdoulie Bass DFS 9961123 4 Baboucar Saho DMS 9965665 5 Abdoulie Bah Director Internal Audit 9963404 6 Talibia Sanyang President GGSA 9986664 7 Charles Alvarez Head of Roaming 9960274 8 Cherno Camara SMC/DIO 9969864 9 Mustapha Conteh HOF/GAMGAMCEL 9966161 10 Ebrima Jammeh DCN/GAMGAMCEL 9966980 11 Naceesay Marenah Director IT 9986002 12 Fatou Fatty DAM 9974300 13 Sarjo Khan DCS GAMGAMCEL 9963768 14 Sarjo Ceesay CS 9963400 15 Pa Modou Gassama DPD 9961900 16 Elizabeth Johnson GM GAMGAMCEL 9966700 17 Sidi Jaiteh MD GAMTEL 9986027 18 Pa Modou Baldeh Senior economist 3664637 81 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (xxxi) Stakeholder Engagement Plan (SEP) (xxxii) Retrenchment Plan (RP) (xxxiii) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : GAMTEL Training and Multimedia Institute Date : 6/26/2019 Time : Start of session: 4:15pm End of session: 6:35pm Language : English and Wolof used Number of : 175 participants 1. Actors consulted and objectives The consultation session was held for the GAMTEL/GAMCEL staff of Banjul. The objectives of the consultation were to enable the consultants responsible for development of the ESCP, SEP, RP and GRM to provide accurate, relevant and timely project information so that stakeholders (GAMTEL/GAMCEL Banjul personnel) can provide timely inputs for consideration in the preparation of the various aforementioned instruments. The attendance list can be found in the appendix I. 2. Topics discussed with the participants - A brief presentation of the project and its components. The project sub-component 1.2 activities were thoroughly explained including, the specific risks and impacts that may be induced by the retrenchment of approximately 1,000 staff, the measures to avoid, mitigate or compensate such risks and impacts including those specific to vulnerable 82 groups (illiterates, chronically ill, widows). Some “gentle� measures to avoid or mitigate retrenchment included, encouraging voluntary departure for early retirement or outsourcing and reinforcing retirement for those who qualify. In addition, the consultants explained the justification of the retrenchment, the various downsizing alternatives, the selection criteria and why it is made public, the method used to develop the severance packages based on the 2016 Human Resources (HR) audit severance proposals. Further explanation was given on the identification of vulnerable groups and its importance, the retrenchment implementation timeframe, the management of project related grievances and its importance, selection criteria and the management of grievances through a Grievance Redress Mechanism (GRM). Finally, the consultant assured the GAMTEL/GAMCEL management that the entire consultations process will be conducted in a transparent manner, that their viewpoints and feedback are essential in the preparation of the aforementioned instruments (ESCP, SEP, GRM and RP) and the final drafts will be disclosed in the country and on the World Bank website. 3. Participants perceptions - For various participants, the government has been the major cause of the SOEs profit losses, as most of the services provided by GAMTEL/GAMCEL to the government remain unpaid, while they charge the enterprises taxes. Thus, retrenchment seems like a quick fix that may lead to unnecessary loss of employment. - Several participants stated that, the recurrent lack of will from the government to straightforwardly inform workers of the upcoming retrenchment has led to staff frustration and confusion. - A participant shared that redundancy will target technicians while leaving financial officers. He further indicated that the nature of work in GAMTEL/GAMCEL requires more technicians, so the retrenchment will leave the enterprises with fewer technicians and will not be viable. 4. Participants concerns - The Gambia has already a high unemployment rate. The retrenchment, coupled with the current deportation of several Gambian nationals from aboard, will worsen the unemployment rate and make it difficult to find employment. - A majority of GAMTEL/GAMCEL employees are very specialized in one area and have little to no qualification in other areas, which will make it difficult for retrenched workers to get employed in other fields. - The recurrent confusion on whether or not the government has made the decision to carry retrenchment has left workers distressed and demoralized. - Retrenchment of 1000 people may end up affecting 5000 people as most of us have dependents and some of them have dependents as well. So the retrenchment will end up affecting more people than what the eye can see. The government should find other alternatives to downsizing. 83 - The 6 months’ redundancy allowance provision stated in the Gambian Labor Law and the enterprises service rules is insufficient, the effects of retrenchment will be devastating and requires more rational severance packages. 5. Participants questions - Mr. Abdon Aziz Gaye from the customer care service asked whether the retrenchment was a request from GAMTEL/GAMCEL or the government and who will provide the funds for the severance payments. - Mr. Achayie Mammeh of corporate affairs asked whether the government would continue to take into consideration the audit recommendations prepared in 2016, when we are currently in 2019 or if there would be updates made to the audit to reflect the current situation ( total number of staff). - Mr. Hafyz Sisamo of the I.T. department asked as to why the Ministry of Finance says that there won’t be retrenchment while the consultants are saying that there will be retrenchment. - Mrs. Saffie Njie from the department of internal audit asked whether the severance payments will be a gross or a net pay. - Mr. Omar Jassi from the department of core network asked about the exact reason for this retrenchment and what are the assurance that there won’t be a repeat in the near future. He further outlined that while the selection criteria might be based on seniority, several senior employees were initially placed in the enterprise based on acquaintances rather than competency. - Mrs. Awa Tambedou of the costumer care department asked as to why the Ministry of Finance said that the decision for retrenchment has not been made when there was a Cabinet press release confirming the decision to go with the retrenchment. - Mr. Omar Fatty of the department of outside planning expressed the need to know the fate of the following stakeholders (i) the staff who are currently receiving training (ii) the survivors of deceased staffs who receive financial and material benefits from GAMTEL/GAMCEL (iii) the workers with no qualifications (i.e. carriers trained as telecom engineers) (iv) the staff with no formal education. Also, for those who choose the outsourcing route, what are the modalities that will be in place to support them? - Mr. Salomon Jimbara inquired on the severance package and if at some point workers will be informed on the proposed severance packages. 6. Answers - The consultant explained that there has been various studies conducted, including the GAMTEL/GAMCEL 2016 HR audit that outlined the issue of overstaff at GAMTEL/GAMCEL in comparison to competitors and the need to downsize to compete effectively in the telecommunication sector. 84 - The director of Public Private Partnership (DPPP & PE) specified that ultimately the decision to retrench would be up to the Government. - The consultant clarified that it is usually the country that seek funding from the World Bank for use in the development of specific sectors. The Gambia Fiscal Management Development project is primarily a project of the Gambian Government. It is in this context that, at the request of the Government, various studies were conducted, including the GAMTEL/GAMCEL 2016 HR audit which, among others, emphasized the need to retrench workers in order for GAMTEL/GAMCEL to compete effectively in the telecom sector. With regards to activities related to the retrenchment, funding will be provided by the Government. - The consultant explained that the 2016 HR audit is an essential tool of reference as it gives the purpose of the retrenchment within the context of the Gambia Fiscal Management Development project and objectives. The consultant assured the participants that the Retrenchment Plan under preparation has taken into account the change in the SOEs total staff number since the audit. - The consultant clarified that based on the Cabinet decision press release of April 2019, the government approved the 2016 HR audit recommendation to downsize GAMTEL/GAMCEL, which involves the retrenchment of approximately 1001 employees. - The consultant explained that the severance packages will be based on gross pay. - The consultant made it clear that the issue of employees that have been placed at GAMTEL/GAMCEL by acquaintances rather than by competency is not an issue that the consultant can resolve, it is an internal issue inherent to GAMTEL/GAMCEL. Moreover, the consultant explained that various studies conducted at the government’s request, including the GAMTEL/GAMCEL 2016 HR audit outlined the issue of overstaffing at GAMTEL/GAMCEL in comparison to competitors and the need to downsize to compete effectively in the telecommunication sector. - The consultant shared that the Retrenchment Plan is currently under preparation because the Cabinet had agreed upon the retrenchment of approximately 1001 employees. However, once the Retrenchment Plan is finalized, it will be up to the government to implement it. - The consultant explained that with regards to the workers without qualifications/no formal education/chronically ill and the survivors of deceased employees, appointments have been scheduled to meet them separately and discuss the risks and impacts that the project may have on them and the anticipated mitigation measures. - The consultant underlined that the retrenchment will not only focus on the enterprises technician but will be across all areas as per the recommendation of the 2016 HR audit. 7. Participants suggestions and recommendations - For the enterprises to provide training for capacity building instead of downsizing. - To ensure that the documents prepared are available and accessible to all who wish to see it. 85 - For the project to offer adequate severance packages and most workers are willing to voluntary go on early retirement. 8. Appendix I Meeting with GAMTEL/GAMCEL Banjul Staff June 26, 2019 86 No First Name Last Name Position Telephone 1 Ansumana Manneh DSS 9249314 2 Maja Jammeh Sys Admin. 9909930 3 Fatou Jarra Sys Admin 9962219 4 Amie Jallow SMHR 9986990 5 Yahya Colley SMSMX 9961138 6 Lamin Janka Database Admin. 9987407 7 Hafigy Sisawo Staff representative 9986665 8 Sophie Njie INA 9961945 9 Yassin Ceesay Jallow Manager building 9986022 10 Kijiato Njie Senior supt. 9916999 11 Sally Bojang Billing supervisor 9986686 12 Mariama Ceesay Billing assistant 9171466 13 Fatou Jallow PA DIT 9986333 14 Bahary Tourray Roaming 9986024 15 Dauda Jatta IT 9986126 16 Fatou Ndow GTMI 9832071 17 Fatou Drammeh GTMI 9824335 18 Haddy Darbor DIO 9332269 19 Saffie Jobe BSS 9920215 20 Suhira Sowe DIT 9866273 21 Ebou Jeng GTMI 9939778 22 Ansumana Darboe DIT 9986128 23 Amie Bah DIT 9986650 24 Malang Jammeh Costumer care 9815296 25 Yaya Sanyang Marketing 9809670 26 Alaji Jaiteh DIT 9985055 27 Omar Fatty DIT 9962829 28 Muhammed Jatta Power 9729117 29 Ngona Kubally CRC 9873400 30 Mbasirel Badjie Marketing 9401770 31 Sarjo Sanyang Credit control 9959831 32 Oumie Drammeh Procurement 9434018 33 Josephine Bass Procurement 9337735 34 Lamin Tamba RAC 9244999 35 Marie Jarju Cleaner 9476170 36 Abdou Kujabi Customer service 9916411 37 Mameh Kabbah PAD 9929739 38 Nuha Sanyang Driver 9996883 39 Fatoumatta Colley DCN 9986162 40 Alhagie Manneh DCS 9829258 41 Fatou Jatta DCS 9865444 42 Momodou Ceesay IT 9986619 43 Alien Dampha Marketing 9986279 44 Jalang Jaileh Civil 9940976 45 Muhammad Jawoz IT 9966052 46 Madikay Njie DCA 9805601 47 Bozo Fatty CWKO 9812141 48 Amie Ceesay Jallow Legal Not given 49 Mustapha Saho Record clerk 9808039 50 Bakary Fatty Core ND 9986558 87 51 Omar Sanyang Sys. admin. 9240799 52 Aci Boye DMS 9101112 53 Petet John Gomez SMS 9967444 54 Francis Collea DCN 9899173 55 Daude Jammeh Dcal 9883515 56 Kaddija Saukor CCS 9502807 57 Patou Camara HR 9846880 58 Baba Gassab CCS 9861165 59 Ahusainey Drammeh Assitant 9939598 60 Seedy Jadama Engineer 9817277 61 Balla Joof Syst.Amind. 9941788 62 Faal Jawara Sales supervisor 9919658 63 Mariama Sanyang Sales supervisor 9918590 64 Dampha Alieu Office branding 9986279 65 Abtan Ahmen Tomay Supervision 9957294 66 Modou Gomez Technician 9871019 67 Sutay Badjie Assistant engineer 9861770 68 Malang Touray Superintendent 9920905 69 Modou Lamin Memba Tehcnician 9310622 70 Demba Sallah Registrar GIMI 9966461 71 Pa Maha Colley Lab Technician 9804108 72 Mark Bah Ag director GIMI 9997550 73 Lamin Ceesay Gardener 9917848 74 Mamut Gaye Driver 9893590 75 Momodou Yallow Secretary 9906621 76 Mustapha Marrong Technician GIMI 9924529 77 Lamin Ceesay Costumer care 9016830 78 Momodou Krubally Costumer care 9017255 79 Masireh Manneh Costumer care 9016326 80 Mansalu Camarr Security 9988410 81 Ansumanh Sayang Credit control 9935627 82 Abdoulie Jallow DCN 9960381 83 Amie Jarju MDO 9960944 84 Nyima Barrow DSS 9792885 85 Amie Jaulia DCN 9728037 86 Ansu Cibba DSS 9944554 87 Fulo Sanmeh Finance 9932459 88 Binta Joof DMS 9919095 89 Sherrifo Kaita DMS 9239999 90 Omar Jallow OSP 9814792 100 Mustapha Sonko OSP 9838336 101 Samba Bah DSS 9800461 102 Ousman jooz Joof DSS 9948555 103 Ebrima Kujabi DSS 9914157 104 Kebba Sanneh DSS 9912808 105 Ousainetou Jallow CS 9545994 106 Solomon Mbye OSP 9952503 107 Lamin Fatty DFS 9937658 108 Musa Suso HR 9986566 109 James Jarjar OSP 9067583 110 Fatou Jammeh CIC 9404522 111 Amie Tourray CIC 918666 112 Yusumpha Sanyang CIC 918818 113 Solomon Camara DCN 9820327 114 Samba Jallow PAD 9844400 115 Dodou Faal DMS 9905661 116 Ebrima Jallow ERM 9959403 117 Momoudou Colley DSS 9845676 118 Sailuru Bacthilly CS 9939606 88 119 Samuel Sylvea CS 9890849 120 Lamin Badjie SMS 9198390 121 Sheikh Faal DCS 9900611 122 Ousman Faye DCS 9983592 123 Ebrams Mo DCS 9717332 124 Chrisopher Allen DCS 9919978 125 Baboucarr Yabb HR 9033551 126 Abdoulie Bojang Facilities 9404147 127 Fatou Njie GAMGAMCEL 9986994 128 Fatou Loum GAMGAMCEL marketing 9986626 129 Borry Ndoje Dealership manager 9986161 130 Momodou Manneh 3-623 Not given 131 Nado Bajo Not given 9942581 132 Asumama Badjio 3-680 Not given 133 Serah Jalbo 3-522 Not given 134 Marie Gomez 3-649 Not given 135 Fatou Maw 3-695 Not given 136 Momodou Jallow 6-472 Not given 137 Yahnya Jobe 6-160 Not given 138 Essa Njie 4-1407 Not given 139 Lamin Dibba 6-465 Not given 140 Abdoulie Jarju 6-393 Not given 141 Pakemo Sanneh 6-422 Not given 142 Alieu Fofana 6-392 Not given 143 Modou Sanneh 3-486 Not given 144 Basaifou Jobarteh 6-303 Not given 145 Tombong Camara 3-561 Not given 146 Gabriel Joof 4-151 Not given 147 Morrow Ceessay 4-884 Not given 148 Mariama Sanyang 3-302 Not given 149 Suleyman Samba 4-363 Not given 150 Momodou Camara 1-217 Not given 151 Kalilu Tambedou 6-433 Not given 152 Muhammed Kanyi 4-289 Not given 153 Komo Fatty 3-530 Not given 154 Amie Jallow 3-533 Not given 155 Awa Sanneh 3-615 Not given 156 Seedy Jadama 3-562 Not given 157 Allnsainey Drammeh 3-603 Not given 158 Bala Joof 1-263 Not given 159 Adama Jammeh 4-970 Not given 160 Yaya Sanyang 4-415 Not given 161 Awa Tambedu 3-589 Not given 162 Jula Bah 3-582 Not given 163 Samuel Sylun 3-591 Not given 164 Fatoumata Danso 3-438 Not given 165 Lamin Jammeh 1-315 Not given 166 Nfamara Drammeh 1-176 Not given 167 Fatou Bass 3-505 Not given 168 Amie Camara 3-616 Not given 169 Teneng Keita 3-661 Not given 170 Seding Manneh 3-473 Not given 171 Modifa Cham 4-925 Not given 172 Bube Bamor 4-181 Not given 173 Gibril Nyang 4-143 Not given 89 174 Abdu Gaya 3-542 Not given 175 Talisie Sanyang 1-211 Not given REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (xxxiv) Stakeholder Engagement Plan (SEP) (xxxv) Retrenchment Plan (RP) (xxxvi) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : GAMTEL Training and Multimedia Institute Date : 6/27/2019 Time : Start of session: 12:15pm End of session: 1:15pm Language : English, Wolof and Mandinka used Number of : Men: 5 Women: 15 participants 1. Actors consulted and objectives The consultation session was held for the surviving families of deceased GAMTEL/GAMCEL employees, who receive financial and material support from GAMTEL/GAMCEL. The objectives of the consultation were to enable the consultants responsible for the development of the ESCP, SEP, RP and GRM to provide accurate, 90 relevant and timely project information so that stakeholders (surviving families of deceased GAMTEL/GAMCEL employees) can provide timely inputs for consideration in the preparation of the various aforementioned instruments. The attendance list can be found in the appendix I. 2. Topics discussed with the participants - An overview of the project and its components. - An overview of the SEP and its objectives were discussed, including the importance of gathering the surviving families concerns, comments and suggestions/recommendations in order to plan and ensure for inclusive stakeholders’ engagement throughout the project’s life cycle. Similarly, the consultant underlined the stakeholder’s identification process that led to the identification of this group, as well as the risks and impacts inherent to the project that may affect them. - Component 1/sub-component 1.2 activities were especially explained, including specific risks and impacts that may be induced by the restructuration of the enterprises including the retrenchment of employees. Similarly, mitigation measures to these risks and impacts, especially those specific to vulnerable groups (illiterates, chronically ill, widows) were also explained. - The participants provided feedback on the GAMTEL/GAMCEL surviving family benefits that they currently receive, as well their concerns and other viewpoints on the project. 3. Participants concerns - Mrs. Fatou Belaje expressed that the GAMTEL/GAMCEL staff association helps to send some of her kids to school. She explained that for a good majority of the widows present, the father (a deceased GAMTEL/GAMCEL employee) had left them with very young children and they have entered petty trading to take care of their families. However, as small traders, they are subject to long working hours with little or no profit in return. In her opinion, GAMTEL/GAMCEL’s financial support is essential because it supplements to what she makes to send their children to school and provide a decent livelihood . If these financial assistance ends, there is a great risk that our children will stop attending school and may end up on the streets. - Mrs. Marrie Colley stated that her late husband (deceased GAMTEL/GAMCEL employee) used to pay rent and take care of the family. Since his passing, she is left with very young children and the burden of paying rent. If as part of the restructuring of GAMTEL/GAMCEL, the benefits that she receives from the staff association are ended, it will greatly affect her and her children because she won’t have enough money to pay for both rent and the children school needs. - Mrs. Fatou Ngum explained that her late sister (deceased GAMTEL/GAMCEL employee) had left her with five dependent children (orphans). At the time, the staff association informed her that they will sponsor the school needs of all five children. To her surprise, the staff association only sponsored two children. This misinformation left her caring for the school needs of the three remaining children. Moreover, the staff association financial assistance amount changed this year which has meant that, the financial assistance provided for the two children is only sufficient 91 to pay one school term rather than two terms. In her opinion, if the restructuration of the enterprises negatively impacts the benefits that the enterprise and the staff association currently provides, there is a great risks that the orphans will stop attending school. - Mrs. Isatou Bojang expressed that after her husband (deceased GAMTEL/GAMCEL employee) passed away, she entered the petty trading business to support her family. The school financial assistance provided by the staff association has helped her focus on other financial needs of the family. She had initially thought that this consultation session was a proposal to apply for housekeeping positions at GAMTEL/GAMCEL. However, now that she know that it is because of the possible project related impacts to these benefits, she already sees the burden that this will have on her and her kids. - Mrs. Medina Bafihally stated that when her husband (deceased GAMTEL/GAMCEL employee) passed away, her expectations was that the staff association would provide school financial assistance to all of her children, but it was only for two children. Moreover, the assistance provided was insufficient to cover for the two school terms. Recently, her grade 3 child was ousted from school due to nonpayment. If the restructuring of the enterprises end the assistance given, it will be a great burden for her to continue sending her kids to school as it is already difficult to do so. - Mr. Amadou Nging explained that his late father (deceased GAMTEL/GAMCEL employee) left him caring for his younger siblings and fortunately the staff association provided financial assistance for their schooling needs. He was later hired by GAMTEL/GAMCEL and has been using his salary to supplement for the rest of the family needs. He raised concerns that, if the restructuration of GAMTEL/GAMCEL ends the staff association school financial assistance and also retrench him, the family will be left in a very critical situation. - Mrs. Mariama Silla voiced that most of the participants have lost their husbands and along with it the financial support, such as rental payments. She further voiced that most of them have yet to remarry and entered the petty trading business to provide support for their families. In her opinion, some of their husbands, such as hers, worked for 35 years in GAMTEL/GAMCEL and to just have a restructuring project that may end the staff association financial assistance is simply unjust. She explained that the government has to put themselves in their shoes and that they (widows) are fighting everyday against all odds to ensure that their children succeed. - Mrs. Fatou Dibba expressed that three years ago, the passing of her husband (deceased GAMTEL/GAMCEL employee) had left her caring for 3 kids. She is currently a petty trader and barely makes profit, so if the staff association school financial assistance is terminated because of the restructuration, it will be more difficult for her to provide for the needs of her children. 4. Answers - The consultant thanked the participants for their feedback and ensure them that their viewpoints will contribute, to not only assessing the risks and impacts that the restructuration may generate but the mitigation measures to manage these. He further explained that their contributions will also serve to plan and ensure ways for effective stakeholders’ engagement throughout the project’s life cycle. 92 5. Appendix I No First Name Last Name Status Telephone Meeting 1 Marrie Colley Wife 9905187 with the surviving 2 Fatoumata Bittaye Wife 9997136 families of deceased 3 Alima Sannneh Wife 7436474 4 Khaddy Ceesay Wife 2891483 5 Isatou Bojang Wife 2023957 6 Bintou Joof Sister 9986220 7 Awa Mamburay Wife 9192335 8 Modou Memba Son 9310622 9 Fatou Dibba Wife 7882923 10 Bintou Camara Wife 9884791 11 Yamundou Colley Father 9906991 12 Fatou Ngum Sister 7991393 13 Mariama Silla Wife 9924777 14 Manana Colley Wife 9144351 15 Fanta Jajur Wife 9912115 16 Medina Batchilly Wife 2263741 17 Amadou Nging Father Son 9264439 18 Omar Jammeh Son Not given 19 Madi Darboe Son 3256479 20 Sanu Dabou Brother 2575494 GAMTEL/GAMCEL employees June 26, 2019 93 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL INSTRUMENTS: (xxxvii) Retrenchment Plan (RP) (xxxviii) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : Directorate Of Public Private And Public Enterprises Partnership (DPPP &PE) office Date : 7/01/2019 Language : English used Number of : Men: 7 Women: 4 participants 1. Actors consulted and objectives The consultation session was held for the GAMTEL/GAMCEL Staff Association (SA) and the directors of Human Resources (HR). The purpose of the consultation was to enable the consultant to review and gather feedback from the participants on the selection criteria and severance packages that will be included in the Retrenchment Plan (RP). The attendance list is in the appendix I. 2. Topics discussed with the participants - The consultant presented an overview of the RP under preparation. - The consultant proceeded to review (description and justification) the proposed selection criteria and the severance packages. - The selection criteria includes: the principle of first in last out - The severance packages includes: the voluntary, early retirement and the redundancy 94 packages. 3. Participants perceptions - SA Board of Directors representative: Most workers were ready to demonstrate after the last consultations. The downsizing will generate a lot of grievances and frustrations; this has been heighten by the lack of or mis-communication from the Government. 4. Participants concerns - HR GAMGAMCEL: Outsourcing staff and not putting in place support measures to ensure that, they are capable of forming small companies’ defeats the purpose of outsourcing. The non-core functions that the 2016 HR audit recommends outsourcing are mainly, non-qualified/illiterate staff who will need support measures to successfully start small businesses. If there are no support measures in place for outsourcing, most will not voluntary choose the outsourcing package being proposed in the Retrenchment Plan (RP). - HR GAMGAMCEL: a relocation fee of D5, 000 is too low and seems insufficient for a retrenched employee (household head) to relocate her/his entire family back to their place of residence. Thus, this amount should be reviewed. 5. Participants questions -HR GAMGAMCEL: will GAMTEL/GAMCEL offer support structures to the outsourced employees? - SA Board of Directors representative: is the proposed 6 months’ redundancy allowance “gross� or “net� salary? - HR GAMGAMCEL: is there a way to send us all a summary of the details discussed during this meeting? - SA president: would you please specify, in the Retrenchment Plan, that negotiations on the severance packages will have to include the staff association, otherwise they may leave us out. - HR GAMGAMCEL: does the World Bank provide standard severance packages? What was done, in terms of severance packages, in other countries where retrenchment was done? 6. Answers to participants - Consultant: currently in the Retrenchment Plan’s design, GAMTEL/GAMCEL are not required to offer any support measures to the outsourced staff, expect award a contract if they organize themselves in a small company to offer their current services to GAMTEL/GAMCEL as contractors. 95 - Consultant: the current Retrenchment Plan has a 6 month net salary redundancy allowance. - Consultant: details of this meeting will be organized into minutes that will be in the annexes of the disclosed Retrenchment Plan. - Consultant: the RP specifies that the severance packages negotiations will have to include, among others, the Staff Association. - Consultant: the World Bank does not provide standard severance packages but gives guidelines on this subject including good practice notes on retrenchment. - Consultant: in Cape Verde, for instance, a similar severance package calculation was used but it differs on the number of maximum and minimum years of service to be counted. In general, a Retrenchment Plan varies based on the relevant laws of a particular country and other relevant factors such as, the cultural and political context, etc. - 7. Participants suggestions and recommendations No First Name Last Name Job title Telephone - SA Bo ard of Di rec tor s representative: some married GAMTEL/GAMCEL employees have their significant other also working at either GAMTEL or GAMGAMCEL. If one spouse is retrenched, the other should be exempt from it. This is so the retrenchment does not result in the complete loss of income in some household. - SA Board of Directors representative: The relocation fee could be reviewed to D10, 000 rather than the proposed D5, 000. - HR GAMGAMCEL: The severance package calculations should take into account the issue of loans that several employees currently have, so that some don’t end up using their entire package to repay GAMTEL/GAMCEL. - Several participants had concerns over the proposed redundancy allowance of 6 months “net� salary and suggested it be changed to “gross� salary, as “net� salary will lower the retrenched employee severance payment when they need it the most. 8. Appendix I Meeting with GAMTEL/GAMCEL Staff Association (SA) and Director (s) of Human Resources (HR) July 01, 2019 96 1 Abdou Gaufe VP Staff association 9974005 2 Ansu Bayo Social secretary Staff association 9986769 3 Sheriffo Badjie Assistant SG Staff association 9992961 4 Bakary Fatty PRO Staff association 9986558 5 Yays Cabba SG Staff association 9962423 6 Amie Jallow HR GAMGAMCEL 9986990 7 Fatou Bass Ass. Social Staff association 9303641 8 Isatou Njie Ass. Treasurer Staff association 9986016 9 Hafigy Sisawo Staff Board of Directors repetitive 9986665 10 Jula Bal Auditor 9875511 11 Talibee Sanyag President Staff association 9986664 97 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL SAFEGUARD INSTRUMENTS: (xxxix) Stakeholder Engagement Plan (SEP) (xl) Retrenchment Plan (RP) (xli) Grievance Redress Mechanism (GRM) General information City : Bakau Venue : TANGO Headquarter Date : 06/25/2019 Time : Start of session: 2:45pm End of session: 3:25pm Language : English used Number of : Men: 2 Women: 0 participants 1. Actors consulted and objectives The consultation session took place with the TANGO chairperson and a representative of the Action Aid Non-Governmental Organizations (NGO) as part of the process of identifying NGOs in the social protection sector, that may provide support services to the project. The Gambia Fiscal Management Development project was briefly explained and accordingly, project activities that may benefit from the intervention of these NGOs were discussed. 2. Topics discussed with the participants A brief presentation of the Gambia Fiscal Management Development project and its components was given to participants. Further explanation was given on the component 1/sub-component 1.2 activities, including the specific risks and impacts that may be induce by the retrenchment of GAMTEL/GAMCEL staff and the measures to avoid, mitigate and compensate such risks and impacts including those specific to vulnerable groups (illiterates, chronically ill, widows). An overview of the Stakeholders Engagement Plan and the Grievance Redress Mechanism was explained and their importance in the context of the Gambia Fiscal Management Development project. 98 An overview presentation of both TANGO and Action Aid and their areas of expertise/intervention was provided by their respective representatives. TANGO was briefly presented as an association of Gambia NGOs, founded in 1983, for better synergy and coordination of national NGOs actions to minimize duplicated actions and efforts. On the other hand, Action Aid was described as a human rightsbased NGO that focuses on poverty alleviations and fighting injustice. 3. Participants perceptions - TANGO: the association is not the appropriate structure that could work with the Gambia Fiscal Management Development project, as TANGO actions do not fall in line with what may be needed in the context of this project. The association main activity is to prepare proposals and search for funding to address, the challenges faced by the members of the association. However, the project could explore other structures at the national level such as the Ministry of Trade which has an enterprise training unit and the Ministry of Agriculture which currently has a project that includes various support schemes for retirees. - Action Aid: action schemes that may be of interest to the Gambia Fiscal Management Development project include support services provided to vulnerable people to establish Revenue Generated Activities (RGA) such as poultry production. Also, the institution has an internal and external Grievance Redress Mechanism to handle grievances associated with the NGO and is thus experienced with the handling of grievances. Furthermore, as an institution the NGO has had to downsize its staff in the 1990s. 4. Participants concerns On work experience with development project specifically restructuring related projects - TANGO: does not fit the profile of NGOs that could possibly work with the Gambia Fiscal Management Development project, the NGO actions do not fall in line with what may be needed in the context of the Gambia Fiscal Management Development project. - Action Aid: lacks work experience with similar restructuring projects but some of the NGO actions schemes such as resilience and livelihood training, the management and handling of grievances may fit in with the Gambia Fiscal Management Development project needs. 5. Conclusion - The consultants thanked both TANGO and Action Aid representatives for the information provided and will be notified if further assistance or services, including capacity building, are need by the project. 99 REPUBLIC OF THE GAMBIA Gambia Fiscal Management Development Project (P166695) CONSULTATION REPORT IN THE CONTEXT OF THE DEVELOPMENT OF ENVIRONMENTAL AND SOCIAL INSTRUMENTS: (xlii) Retrenchment Plan (RP) (xliii) Grievance Redress Mechanism (GRM) General information City : Banjul Venue : Directorate Of Public Private And Public Enterprises Partnership (DPPP &PE) office Date : 7/01/2019 Language : English used Number of : Men: 7 Women: 4 participants 21. Actors consulted and objectives The consultation session was held for the GAMTEL/GAMCEL Staff Association (SA) and the directors of Human Resources (HR). The purpose of the consultation was to enable the consultant to review and gather feedback from the participants on the selection criteria and severance packages that will be included in the Retrenchment Plan (RP). The attendance list is in the appendix I. 22. Topics discussed with the participants - The consultant presented an overview of the RP under preparation. - The consultant proceeded to review (description and justification) the proposed selection criteria and the severance packages. - The selection criteria includes: the principle of first in last out 100 - The severance packages includes: the voluntary, early retirement and the redundancy packages. 23. Participants perceptions - SA Board of Directors representative: Most workers were ready to demonstrate after the last consultations. The downsizing will generate a lot of grievances and frustrations; this has been heighten by the lack of or mis-communication from the Government. 24. Participants concerns - HR GAMGAMCEL: Outsourcing staff and not putting in place support measures to ensure that, they are capable of forming small companies’ defeats the purpose of outsourcing. The non-core functions that the 2016 HR audit recommends outsourcing are mainly, non-qualified/illiterate staff who will need support measures to successfully start small businesses. If there are no support measures in place for outsourcing, most will not voluntary choose the outsourcing package being proposed in the Retrenchment Plan (RP). - HR GAMGAMCEL: a relocation fee of D5, 000 is too low and seems insufficient for a retrenched employee (household head) to relocate her/his entire family back to their place of residence. Thus, this amount should be reviewed. 25. Participants questions -HR GAMGAMCEL: will GAMTEL/GAMCEL offer support structures to the outsourced employees? - SA Board of Directors representative: is the proposed 6 months’ redundancy allowance “gross� or “net� salary? - HR GAMGAMCEL: is there a way to send us all a summary of the details discussed during this meeting? - SA president: would you please specify, in the Retrenchment Plan, that negotiations on the severance packages will have to include the staff association, otherwise they may leave us out. - HR GAMGAMCEL: does the World Bank provide standard severance packages? What was done, in terms of severance packages, in other countries where retrenchment was done? 26. Answers to participants - Consultant: currently in the Retrenchment Plan’s design, GAMTEL/GAMCEL are not required to offer any support measures to the outsourced staff, expect award a contract if they organize themselves in a small company to offer their current services 101 to GAMTEL/GAMCEL as contractors. - Consultant: the current Retrenchment Plan has a 6 month net salary redundancy allowance. - Consultant: details of this meeting will be organized into minutes that will be in the annexes of the disclosed Retrenchment Plan. - Consultant: the RP specifies that the severance packages negotiations will have to include, among others, the Staff Association. - Consultant: the World Bank does not provide standard severance packages but gives guidelines on this subject including good practice notes on retrenchment. - Consultant: in Cape Verde, for instance, a similar severance package calculation was used but it differs on the number of maximum and minimum years of service to be counted. In general, a Retrenchment Plan varies based on the relevant laws of a particular country and other relevant factors such as, the cultural and political context, etc. - 27. Participants suggestions and recommendations - SA Board of Directors representative: some married GAMTEL/GAMCEL employees have their significant other also working at either GAMTEL or GAMGAMCEL. If one spouse is retrenched, the other should be exempt from it. This is so the retrenchment does not result in the complete loss of income in some household. - SA Board of Directors representative: The relocation fee could be reviewed to D10, 000 rather than the proposed D5, 000. - HR GAMGAMCEL: The severance package calculations should take into account the issue of loans that several employees currently have, so that some don’t end up using their entire package to repay GAMTEL/GAMCEL. - Several participants had concerns over the proposed redundancy allowance of 6 months “net� salary and suggested it be changed to “gross� salary, as “net� salary will lower the retrenched employee severance payment when they need it the most. 28. Appendix I Meeting with GAMTEL/GAMCEL Staff Association (SA) and Director (s) of Human Resources (HR) July 01, 2019 102 No First Name Last Name Job title Telephone 1 Abdou Gaufe VP Staff association 9974005 2 Ansu Bayo Social secretary Staff association 9986769 3 Sheriffo Badjie Assistant SG Staff association 9992961 4 Bakary Fatty PRO Staff association 9986558 5 Yays Cabba SG Staff association 9962423 6 Amie Jallow HR GAMGAMCEL 9986990 7 Fatou Bass Ass. Social Staff association 9303641 8 Isatou Njie Ass. Treasurer Staff association 9986016 9 Hafigy Sisawo Staff Board of Directors repetitive 9986665 10 Jula Bal Auditor 9875511 11 Talibee Sanyag President Staff association 9986664 103 Annex 5: List of Counterparts Met during the scoping mission November 18 to 26 NAME INSTITUTION TITLE Mambury Njie Ministry of Finance and Minister of Finance Economic Affairs (MoFEA) Mod K. Secka MoFEA Permanent Secretary Ada Gaye MoFEA Permanent Secretary Yahya Drammeh MoFEA Deputy Permanent Secretary Juldeh Ceesay MoFEA Deputy Permanent Secretary Alagie Fadera MoFEA - Planning Director of Planning Baboucarr Jobe MoFEA - EMPAU Director Macroeconomic Policy Analysis Lamin Fatty MoFEA - DPPP Acting Director Public Private Partnership Ousman Njie MoFEA - DPPP Principal Economist Swaibou Barry MoFEA - Budget Deputy Director of Budget Sulayman JK. Cham MoFEA - DPPP Principal Financial Analyst Emma Mendy MoFEA - DPPP Senior Legal Officer Pa Modou Baldeh MoFEA - DPPP Senior Economist Mariama Jeng MoFEA - DPPP Principal Financial Analyst Abdoulie Puye MoFEA - DPPP Senior Economist Yankuba Ceesay MoFEA - DPPP Economist Baboucarr Njie MoFEA - PFM Senior Financial Analyst Omar Jammeh MoFEA - PFM Cadet Economist Kainding Samba MoFEA - PFM Acting Directing Ismaila Jallow Gambia Revenue Deputy Commissioner, Customs Operations Authority (GRA) Alieu Bittage GRA DERMRMIT Yahya Manneh GRA Deputy Dir. Policy, Planning & Research Abdulrahman Bah GRA Deputy Director Legal Affairs Malamin Sanyang GRA Director Technical Service Maari Saar GRA Tax Manager Seringe Mbye Gambia Revenue Authority - GRA Mary P. Mendy GRA MPPR Musa Saidykhan GRA DDTT/MIS Seedy Drammeh GRA DDHRA (Deputy Director Human Resources & Administration) Alhagie K. Mbye GRA Deputy Commissioner Chilel Ceesay MoFEA-EMPAU Principal Economist Momodou Lamin Bah Accountant General Accountant General (AG) Mouna Ba AG Assistant Accountant General Momodou Salifu Jatta AG Deputy Accountant General Clara S. Mendy AG Deputy Accountant General Agnes Macaulay AG Deputy Accountant General Serign Mass Jallow National Audit Office Senior Manager 104 (NAO) Bakary Trawally NAO Senior Manager Baba S. Drammeh NAO Director of Audit Ebrahima M. Drammeh NAO Director of Audit Pa Majagne Ndow NAO Director of Audit Haddy Njie NAWEC PIU Project Coordinator Mariama Free Sanyang NAWEC PIU Procurement Officer Abdoulie TAMBEDOU Gambia Revenue Director Authority 105