SECURING UGANDA’S NATURAL RESOURCE BASE IN PROTECTED AREAS LABOUR MANAGEMENT PROCEDURES (LMP) April 2021 1 ABBREVIATIONS CFM Collaborative Forest Management CFRs Central Forest Reserves COVID-19 Coronavirus Disease 2019 EHS Environment, Health and Safety ESF Environmental and Social Framework ESMF Environment and Social Management Frameworks ESMPs Environment and Social Management Plans ESS Environmental and Social Standard GBV Gender Based Violence GRM Grievance Redress Mechanism GRS Grievance Redress Service HIV/AIDS Human Immune Virus/ Acquired Immune Deficiency Syndrome HSE Health, safety and Environment LMP Labour Management Procedures NFA National Forestry Authority OHS Occupational Health and Safety OSH Occupational Safety and Health PAs Protected Areas SEA Sexual Explointaion and Abuse UWA Uganda Wildlife Authority VRC Voter Registration Card WB World Bank 2 Introduction Management of labor resources is a fundamental element of conducting a project. Therefore, the World Bank attaches great emphasis on managing labour and provides a framework through preparation of Labour Management Procedures (LMP). This is highlighted in the national legislation – through meeting the requirements under the Employment Act, 2006, other associated policies and Acts; and the World Bank’s Environmental and Social Framework, specifically Environmental and Socials Standard 2: Labour and Working Conditions (ESS2) as well as Standard 4: Community Health and Safety (ESS4). The LMP seeks to ensure that measures are in place to manage risks associated with employment under the project and help to determine the resources necessary for labour planning and management. These procedures will be applied to different categories of workers, including the project direct workers, contracted workers, and community workers. This LMP is applicable to all project workers, whether full time, part time or temporary. In implementing the project, contracted and community workers will be required to work on the project sites with a few direct technical staff. Specific labour requirements of each specific activity will be assessed as part of the initial screening of environmental and social risks and impacts by the field implementation and project management teams prior to project implementation. At this stage, it assessed that the scale of labor influx into project areas is expected to be low because the project aims at hiring local labour, except for skilled workers who cannot be found in project locations. In view of the above, the Government of Uganda, through the National Forestry Authority (UWA) and National Forestry Authority (NFA) prepared these Labor Management Procedures (LMP), which define how project workers are going to be managed throughout the project cycle. The LMP also includes guidelines for a GRM for the community workers. 1. Overview of labor use on the project Number of workers: As at the preparation of the numbers to be involved in the operations of this project at the different phases and with regard to the different project components are not yet known. 3 The LMP applies to all Project workers whether full-time, part-time, temporary, seasonal or migrant workers, skilled and unskilled who will be employed. Under Securing Uganda’s Natural Resource Base in Protected Areas Project, the LMP is applicable in the following manner: a) People employed or engaged by contractors or contracted to perform work related to core function of the project regardless of location; b) Community workers; c) Government Civil Servants Contracted workers: There will be engagement of the workers engaged or employed via a third party. In such engagement or employment, two broad based categories of contract workers are expected to join in the project – (i) workers from local communities hired under non-consulting contracts for nursery, tree planting, and boundary activities in target protected areas; (ii) private or NGO/ CSO service providers who will provide the services aimed at enhancing livelihoods opportunities for communities; and (iii) those who will work under the consultancy contracts for preparation of designs for priority infrastructure. Community Workers will be engaged in wildlife prevention activities supported by the project. The project is not expected to engage migrant workers. Planned construction activities are very simple by design and would most likely not require specialized expertise. Government Civil Servants: government civil servants (NFA and UWA staff) working in connection with the project, whether full time or part time, will remain subject to the terms and conditions of their existing public sector employment agreement. 2. ASSESSMENT OF KEY POTENTIAL LABOR RISKS Project Activities: The project is composed of two activities which will be implemented in selected locations with highest existing pressures, with the focus on the Murchison Falls NP, Queen Elizabeth NP, and Toro-Semliki Wildlife Reserve areas for UWA and the Budongo Forest Range Central Forest Reserves (CFR) for NFA. The components include: Component 1. Improved management of protected areas, supporting improvement of infrastructure and equipment for the management of forest protected areas: with specific activities involving enhanced monitoring of target protected areas; human-wildlife conflict prevention; fire prevention and fire management activities, restoration of forest cover; community awareness on need and importance forest conservation and civil works design for priority infrastructure investments which will be financed under the IFPA-CD Project. The project will support increased local community management of forest and wildlife areas under Collaborative Forest Management (CFM) and 4 Collaborative Resource Management (CRM) arrangements under NFA and UWA respectively. Component 2 supports Project monitoring including monitoring, environmental and social risk management, financial management and procurement, including cost of field supervision by UWA and NFA headquarters staff. Key Labour Risks: The assessment at preparation identified the following project associated key labour risks and impacts, although expected to be localized and manageable: • Potential incidence of exclusion of certain community members during training respectively under components 1.1 and 1.2 • Likely incidences of occupational health and safety risks during activities related with use of community workers • Potential risk of safety and security in the workers and vehicles transporting materials as well as in instances of heavy equipment that may be used in project sites where these are required. • Very low potential risks associated with influx of labor (GBV, VAC, etc.) as a result of having all the planned works carried out using community labor and in very close proximity to selected National Parks, and therefore away from communities. In addition, the work is for very small works and doesn’t require much specialized labor. • Likely incidences of labour discrimation (e.g., gender based) • General understanding and implementaion of occupational Health and safety risks and requirements, • Potential incidence of social conflict (including gender-based conflicts and violations); • Potential attacks by wild animals • Likely risks related with COVID-19 pandemic during community labor activities and implementation of the works 3. BRIEF OVERVIEW OF LABOUR LEGISLATION: TERMS AND CONDITIONS Various laws, policies, systems, standards and international codes of practice are applicable to the implementation of this project. The Uganda legislation requirements conform to guidance provided in WB Environmental and Social Framework (ESF) and Environmental and Social Standard 2 (ESS 2). Project workers will be provided with information that is clear and understandable regarding their terms and conditions of employment. The Constitution of Uganda 5 Article 31(b) of Constitution (1995) guarantees (inter alia) gender equality and labour rights, and equal opportunity in political, economic, and social activities, including through affirmative action. The Constitution guarantees, in its Objective XIV(a), the right of all Ugandans to (inter alia) freedom of association, the right to collective bargaining, and paid vacation (Chapter Four). Policies and Regulations National Employment Policy (2011) provides a framework to promote productive and decent employment and enterprise development, compliance with labor standards by employers, investors and workers, social protection and social dialogue. Social dialogue, affirmative action, promotion of gender equality for all in employment, addressing HIV/AIDS in the workplace, and community participation are crucial guiding principles of the Employment Policy. National Child Labor Policy (2006) provides a framework for addressing child labor and actions that need to be taken to deal with child labor. The policy guides and promotes sustainable action aimed at the progressive elimination of child labor, starting with the worst forms. National Gender Policy (2007) mainstreams gender concerns in the national development process in order to improve the social, legal/civic, political, economic and cultural conditions of the people of Uganda, particularly women. The NFA and UWA will take a deliberate effort to ensure gender considerations in all operations including, but not limited to, understanding roles, responsibilities, and employment. Labour policies that specifically address gender and vulnerability include the 2012 Employment (of Children) Regulations, 2012 Employment (Sexual Harassment) Regulations, National Gender Policy, National Action Plan on Elimination of the Worst Forms of Child Labor in Uganda (2012/13-2016/17), and National Policy on HIV/AIDS and the World of Work (2007). The National Policy on HIV/AIDS and the World of Work 2007 strives to ensure non-discrimination, confidentiality, HIV testing in workplaces among other aspects in the workplace. All workers are provided with information on HIV/AIDS and it also forms part of the main induction packages for new workers in the project. Routine awareness sessions are provided for staff in operation areas to deal with this aspect. The Employment Act 2006 as the main legislation guides labor practices in Uganda and sets terms and conditions. It defines guidance on the following: prohibition of child labor, prohibition of forced labor, 6 freedom of association, prohibition of discriminations, employment standards i.e. maximum hours of work, night work standards, right to break during working day, leave and fair terminations including maternity leave, protection of wages, rest and holidays, employment of women, employment of children and care of employees. The above terms and conditions apply to all employees employed by an employer under a contract of service. The 2012 Regulations of the 2006 Employment Act prohibit sexual harassment in the workplace. Worker’s Compensation Act Cap 225, 2000 provides for the compensation of works for injuries suffered and diseases incurred in the course of their employment providing clear guidance on the employers’ liability in case of injury during work execution. The Labour disputes (arbitration and settlement act) 2006 provides for arbitration in labour related grievances and is emphasized during project planning and implementation. The Act seeks to promote social dialogue, facilitate collective bargaining, and modernize procedures to address unresolved or mismanaged labor disputes that may have adverse effects. The 2011 Employment Regulations deter employers from the casualization of labor by granting contractual/permanent rights to any worker exceeding four (4) months of service. The Children’s Act Cap 59 provides for care and protection of children which is emphasized throughout the project cycle. Persons with disabilities Act 2006 fights discrimination and strives to provide equal opportunity in the workplace for persons with disability. It also promotes sound access to workplaces with clear consideration to persons with disabilities. Equal opportunities Commission Act makes room for the provision in relation to the Equal Opportunities Commission pursuant to articles 32 (3) and 32 (4) and other relevant provisions of the Constitution. Aspects in compliance with this throughout the project cycle include community engagements/consultations held, ESMF developed and appropriate ESMPs to be developed at implementation and rolled out to both project execution/ implementation teams, Local leaders and local governments focal persons among others 7 The National Community Development Policy 2015 provides for project inclusiveness ensuring that aspects of active community involvement. The project defines intensions to use community labour and ensure community participation. The National Policy on Older Persons, 2009 provides for inclusion of older persons in income generating projects as key social protection instruments. Where it is reasonably practicable, older persons are engaged in projects carried out in in the sector. The National policy on elimination of gender-based violence 2016 strives for an environment free of Gender Based Violence and this is emphasized in toolbox talks, meetings and induction exercises to all staff. It also forms an integral part of the project interactions in host communities. Reminders on this should also be posted in various areas including but not limited to offices, district notice boards (if permitted) and accommodation facilities. Environmental Act 2019, lays down the principles of environmental management, which include; the right to a healthy environment, public participation, sustainable use of the environment, reclamation of lost or degraded ecosystems and undertaking of environmental assessment of proposed 6 projects that may impact the environment significantly. To this effect the law requires that Environmental and Social Impact Assessments be conducted for all projects in protected areas as one of the tools for ensuring sustainable environment management. These guidelines are supposed to enforce the provisions given on the ESIA Certificate of Approval. 4. BRIEF OF LABOUR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY (OHS) The Occupational Safety and Health Act, 2006, provides for a written statement of policy with respect to the safety and health of employees while at work and duties of both the employer and the employee. The Act also highlights aspects of cautions like display of safety precautions to any person who may be affected in a manner in which the employer conducts his or her undertaking, reasonable control measures etc. The Act also defines measures relating to OSH regarding protection of workers from injuries, illness or impacts associated with exposure to hazards encountered in the work place or while working. Such OSH measures include: awareness raising and guidance on how to prevent accidents at the work place. This aligns with the requirements of ESS2 and National Laws on OHS and work place conditions. The Act also provides for the importance of provision of appropriate protective gear to all project workers/ Community Workers while working on the project as advised by Sector Expert. 8 The implementation of Labour Management Plan will be undertaken in according to the current national Standards Operating Procedures (SOPs) for the prevention/management of COVID-19. 5. RESPONSIBLE STAFF The Project Implementing Agencies are UWA and NFA who will directly contract service providers. Project Institutional Focal Points and HR departments at NFA and UWA will be responsible for ensuring that the project adheres to the national labour legislation. The teams will engage the District Labour Officers in monitoring compliance with Labour Laws. The respective implementing agencies (NFA &UWA) will designate field staff to be as responsible for daily implementation of workplace safety, with authority to enforce use of PPE, require safe working procedures, and stop work if there is a safety hazard. While the designated field staff may not be a qualified occupational safety expert, the person designated with this responsibility will be given appropriate training and will be equipped with basic first aid kit and contact information of nearest health and emergency management facilities In addition, the district project focal persons including Environmental, Forest and Community Development Officers will complete the required external periodical monitoring of activities to ensure compliance to set legislations including the project LMP. They will also be responsible for ensuring that workers are appropriately trained and will serve as a primary contact point for worker’s grievances. 6. POLICIES AND PROCEDURES Applicable national legislation that protects workers employed under the project as has been identified in sections 4 and 5 above. In addition, the implementing agencies also provide operation guidelines that define worker protection through their respective Human Resource Manuals that spell out provisions on worker protection and prevention of sexual harassment, among others. These include: i) UWA - Operational Guidelines for Developments in Wildlife Protected Areas - August 2020. Under these guidelines, UWA deals with developers not individual workers. Therefore, applicable national legislation will be operated in line with the operational guidelines for development in Wildlife Protected areas and the Forest reserves. a. Recruitment procedures for the community workers and other staff will be transparent, public and non-discriminatory, and open with respect to inclusiveness including aspects of gender, age, ethnicity, religion, sexuality, and disability. b. Mobilization of the workers from local communities will be given the highest priority and will use appropriate local and appropriate verification procedures established by the implementing agencies and contractors. 9 c. Recruitment, mobilization, implementation including engagement will be applied in consideration with OHS procedures; including following the prevailing national standard operational procedures in preventing COVID-19. d. Clear job descriptions will be provided in advance of mobilization and recruitment. Where definite qualifications are required, clear qualifications and skills required for each post will be stated. e. Applications for employment will only be considered if submitted via the official application procedures established by the contractors. All workers will have written contracts describing terms and conditions of work and will have the contents explained to them in a language they understand. Workers will sign the employment contract. f. The workers employment contract signed will be accompanied with a Code of Conduct on Sexual Exploitation and Abuse (SEA) for all workers prior to commencement of the contract (See Annex 1 and 2). g. Unskilled labor will be preferentially recruited from the surrounding communities. h. Workers will be informed at least two months before their expected release date of the upcoming termination. i. The contracted workers will not be required to pay any hiring fees. If any hiring fees are to be incurred, these will be paid by the Employer. j. In addition to written documentation, an oral explanation of conditions and terms of employment will be provided to workers who may have difficulty understanding the documentation. k. It is noted that language-related problems are not expected, but if they are, interpretation will be provided for workers as necessary. l. Normal working time should not exceed 40 hours per week. With a five-day working week, the duration of daily work is determined by the internal work regulations approved by the employer after prior consultation with the representatives of the workers, in compliance with the established working week duration. m. Only persons of legally acceptable legal age according the regulations in section 4 above will be hired under the project. n. Workers with project related complaints will be given the opportunity under present their issues under a specific worker’s grievance redress process. o. Equitable employment aspects of the project shall be streamlined throughout the project cycle including aspects of salaries and wages, being in line with numbers of hours worked, distances excavated or covered, grading – as contracted or community workers: 10 p. Deliberate effort shall be directed to providing gender balance with specific attention to women in the area of project. Females shall be encouraged to apply and where deemed appropriate affirmative actions will be applied. A Health, Safety and Environmental (HSE) Management Plan template has been included in the ESMF to guide the contractor A Code of Conduct on SEA for all workers is expected to be in place. For performance tracking, monthly and quarterly EHS monitoring reports will provided to illustrate project performance in line with set EHSS indicators. The project will put in place measures to prevent sexual harassment from occurring at the workplace and use an existing mechanism for reporting sexual harassment; and coordinated with various agencies and officers such as Labour officers to check and track LMP performance. 7. AGE OF EMPLOYMENT The project will employ workers 18 years and older. Age of participants will be verified during the employment process using tools like Voters Registration Card (VRC), and National ID. Where these documents are not available, the Affidavit of Birth will be used. Awareness raising sessions will be regularly conducted to the communities to sensitize on prohibition and negative impacts of Child and forced Labor as well as procedures for preventing abuse of child Labour. If a minor under the minimum labour eligible age is discovered working on the project, measures will be taken to immediately terminate the employment or engagement of the minor in a responsible manner, taking into account the best interest of the minor. 8. TERMS AND CONDITIONS All employment contracts must be in line with the provisions of the labour laws of Uganda. Therefore, UNFA and UWA will follow and comply with terms and conditions applying to workers as stipulated under the National Employment Act 2006. Both UNFA and UWA will endeavor to provide for all workers of the project within their areas of jurisdiction with the following: • Provide an employment contract for each worker (he or she) is employed, with each contract clearly stating terms and conditions of employment, including contract of service, termination of contract, termination notices, protection of wages, duration of employment, place and hours of work, wages, rest and holidays, as well as conditions on employment of women, limitations on employment of children and care of employees, etc. 11 • Provide a contract which is gender sensitive to the laws and labour rights of women, including sixty days maternity leave, for days of paternity leave and the recognition of sexual harassment, among other benefits – consistent with the Employment Act 2006 • NFA and UWA employment will define workers of work to fall in the “normal working hours - 8 hours per day and 48 hours per week excluding lunch and tea breaks– with extra hour’s payable as overtime,� according to Employment Act 2006. The normal hours of duty may be changed by Management to suit the requirement of the work programmes. The Employee may be required to work overtime from time to time • Payment will be paid according to the daily defined deliverables in accordance to the Minimum Wages Act 2000. • In accordance to Workers Compensation Act 2000, the /workers will be automatically entitled to compensation for any personal injury from an accident arising and in the course of his employment even if the injury results from workers negligence • Rest period and holidays will be defined/set/set in accordance to the Employment Act 2006 In addition, NFA specifically defines the following terms and conditions in its on-going worker contracts: o Either party may terminate this agreement of understanding by giving the other two months’ prior notice in writing. o The terminating party may reconsider its termination within the 3 months’ notice period referred to in (a) above. o If the terminating party reconsiders its termination, this Memorandum of Understanding shall be deemed to continue as though the notice in (a) had never been issued. 9. GRIEVANCE MECHANISM Project Specific Grievance Redress Mechanism Complaints of contracted and community workers will be handled in accordance with article 64 of the Employment Act 2006, and the Project Grievances Mechanism - the workers will have a specific grievance redress mechanism set up by the contractors and UWA/NFA – Ref to annex 4 – Worker’s grievance handling procedure. Note that this procedure will be gender sensitive and ensure that cases gender-based violence and sexual exploitation and workplace sexual harassment is handled with sensitivity and confidentiality. Sensitization sessions will be regularly conducted to contracted and community workers to sensitize on provisions of article 64 of the Employment Act and Project Grievance Mechanism. In case of any incidents, the complaints can be logged - refer to Annex 3 – Indent Log 12 Gender-based Violence, Sexual Exploitation and Workplace Sexual Harassment: Gender based discrimination to be strictly prohibited and monitored by the project. The project will, with support from focal persons, mobilize and train workers including community workers to actively engage in prevention of gender-based violence, sexual exploitation and workplace sexual harassment. The District Gender and community development units together with Safeguard focal persons in the implementing agencies will be equipped to handle complaints or provide relevant services to any likely survivors, but will refer them to GBV service providers who will in turn use health facilities, law enforcement's gender unit or others, and other services for management of the issue. Grievances related to gender-based violence should also be handled with the relevant sensitivity. WB’s Grievance Redress Service (GRS)Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), please visit http://www.worldbank.org/en/projects-operations/products- and-services/grievance-redress-service. For information on how to submit complaints to the World Bank Inspection Panel, please visit www.inspectionpanel.org. 10. CONTRACTOR MANAGEMENT For sound and time-bound project implementation with extensive community benefits, the project will employ contracted workers and community workers through contracts. All employees will be recruited in accordance with the procurement procedures provided in the Project Procurement Manual. However, employment through contracts calls for sound contractor management which shall be realized through proper agreement signing, agreement on key performance indicators, ensuring that worker related aspects of the project are embedded in contracts and the all conditions are consistently tracked. Effort shall be made to ensure that all contractors in the project are as per the guidance in ESS2. 13 Implementing Agencies will manage and monitor the performance of community workers and contractors in relation to contracted workers, focusing on compliance by contractors with their contractual agreements (obligations, representations, and warranties) and labour management procedures. This may include periodic audits, inspections, and/or spot checks of project locations and work sites as well as of labour management records and reports compiled by contractors. Contractors’ labour management records and reports that may be reviewed would include: representative samples of employment contracts or arrangements between third parties and contracted workers, records relating to grievances received and their resolution, reports relating to safety inspections, including any fatalities and incidents and implementation of corrective actions, records relating to incidents of non-compliance with national law, and records of training provided for contracted workers to explain occupational health and safety risks and preventive measures. The Contractor will also establish a contractors GRC (Ref: – Annex 4 – Worker’s grievance handling procedure) to meet the requirements of the community workers on each site. 11. COMMUNITY WORKERS The project will engage community labour/workers to enhance and foster community driven development and provide community benefits. Under UWA, the agreements will be signed by a developer and NFA will enter into community agreements. The conditions of the community workers will be based on the nature and scope of the project – which is small and has limited risks. In addition, specific project activities which the community workers will be engaged in and nature of the of potential risks and impacts to the workers will be identified in during the screening and consequently in the ESMPs. In complying with community workers conditions, OHS project designed measures will be adhered to and applied. The community workers will be engaged in wildfire prevention as well as forestry activities – will be provided with required PPE and receive required basic training. The required training would include the following: i) Job hazard analysis - understanding guidelines to identify hazards, report them, and deal with incidents, ii) First Aid Kit management and managing emergencies, iii) Emergency evacuation plan – which must be kept on site and involve providing contact information for agency staff for emergency contacts, iv) Personal Protective Equipment (PPE), v) Situational Awareness of including checklist can be used for self-assessment during operations/work, and vi) undergo training on personal security issues on site. For UWA, specific awareness of workers to working in the parks or conservations, to watch for animal tracks and droppings on the trail so you can access what types of animals might be near the trail, remaining calm in case of visibility of animals - always walking not running/rushing; letting a ranger or local agency know of your sighting amongst others: driving slowly and avoid hitting wildlife where possible; keeping site tidy and secure. For safety of the workers, for project sites that will be cleared/worked on during 14 sensitive times of the year (high risk of impacts); the agency staff will undertake first site inspection 3+ weeks in advance with multiple pre-stressing and follow up inspections; and final inspection/pre-stressing on the day before clearing for each phase. All workers will also be provided with lunch, as is standard in such activities organized by both UWA and NFA In addition, Community workers will have a defined process of raising their grievances related to the project activities in accordance to the guidance within the respective Community Forest Management and Wildlife Management Area for each area of operation. Community workers under NFA will be guided by a simplified conflict resolution defined under CFM agreements as follows: a) Any dispute arising between the parties in relation to the interpretation, application and implementation of this agreement shall be settled amicably by the parties within 30 (thirty) days of its occurrence. b) In the event of failure to have the dispute resolved in a manner envisaged in clause (a) above, the Memorandum of Understanding shall be deemed to have been terminated. Management and Prevention of COVID-19 COVID-19 presents many challenges to the public and community-based implementation of the project. As such the client is presented with labors associated challenges relating to this project including (i) providing safe working conditions for community employees, (ii) addressing the risk of infection to the community when this is caused or exacerbated by the project, (iii) putting in place alternative mechanisms to facilitate stakeholder engagement, (iv) protecting jobs (v) being able to comply and work within the national regulations and policies in response to COVID-19, and (vii) maintaining the implementation schedule of the project. Where the project is implemented during the existence of the COVID-19 pandemic, project client will ensure that the community labor is managed within the national social operating procedures at the time of implementation. As found appropriate, all project operation will be required to limit activities, including those related to stakeholder engagement, consultation processes. As such, this project will adopt appropriate measures to ensure the health and safety of the community workers and all other stakeholders while mobilizing and engaging communities/workers and during overall project implementation. The Implementing Agencies will apply the following: i) Aim at identifying and using existing channels and social structures such as the CFM (under NFA) and AMP (UWA). In addition the project will also identify the preferred communication method(s) to disseminate information and engage target audiences while 15 adhering to government directives related to safety, group sizes, and social distancing; ii) Promote practice of good respiratory (including use of masks) and hand hygiene – washing hands with soap and water and use of hand sanitizers before and after interacting with others as will be found appropriate; iii) Promote physical distancing (including: : avoiding body contact, including shaking hands during the community meetings and maintaining mandated distance) where interactions with communities are required and important. For large gathering consultation meetings will be held in open spaces to lower the risk of transmission. Community work will also be spaced to allow for safe distances. 16 Annex 1: Guideline on Code of Conduct 1. A satisfactory code of conduct will contain obligations on all project workers (including sub- contractors) that are suitable to address the following issues, as a minimum. Additional obligations may be added to respond to particular concerns of the municipality, the location and the project sector or to specific project requirements. 2. The Code of Conduct should be written in plain language and signed by each worker to indicate that they have: • received a copy of the code; • had the code explained to them; • acknowledged that adherence to this Code of Conduct is a condition of employment; and • understood that violations of the Code can result in serious consequences, up to and including dismissal, or referral to legal authorities. The Contractor should conduct continuous awareness raising and training activities to ensure that workers abide by the Code of Conduct (such as through toolbox talks). The Contractor should also ensure that local communities are aware of the Code of Conduct and enable them to report any concerns or non-compliance. 3. The issues to be addressed include: 1) Compliance with applicable laws, rules, and regulations of the jurisdiction 2) Compliance with applicable health and safety requirements (including wearing prescribed personal protective equipment (PPE), preventing avoidable accidents and a duty to report conditions or practices that pose a safety hazard or threaten the environment) 3) The use of illegal substances 4) Non-Discrimination (for example on the basis of family status, ethnicity, race, gender, religion, language, marital status, birth, age, disability, or political conviction) 5) Interactions with community members (for example to convey an attitude of respect and non-discrimination) 6) Sexual harassment (for example to prohibit use of language or behavior, in particular towards women or children, that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate) 17 7) Violence or exploitation (for example the prohibition of the exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior) 8) Protection of children (including prohibitions against abuse, defilement, or otherwise unacceptable behavior with children, limiting interactions with children, and ensuring their safety in project areas) 9) Sanitation requirements (for example, to ensure workers use specified sanitary facilities provided by their employer and not open areas) 10) Avoidance of conflicts of interest (such that benefits, contracts, or employment, or any sort of preferential treatment or favours, are not provided to any person with whom there is a financial, family, or personal connection) 11) Respecting reasonable work instructions (including regarding environmental and social norms) 12) Protection and proper use of property (for example, to prohibit theft, carelessness or waste) 13) Duty to report violations of this Code 14) No retaliation against workers who report violations of the Code, if that report is made in good faith. Annex 2: Sample Terms and Conditions/ Contract The Securing Uganda’s Natural Resource Base in Protected Areas Project Work Contract for has been concluded between the Employer and the Employee whose names and addresses are written with their own free will and with the conditions stated below. EMPLOYER’S Name Surname: ID Number: Address: WORKER’S Name Surname: ID Number: Address: A. EMPLOYER OBLIGATIONS 18 The management of the work and the workers is the responsibility of the Employer. The Employer and his/her representative shall apply the contract in all its provisions. The Employer evaluates and responds to complaints of workers regarding the implementation of the contract or other issues; corrects if the application has errors. 1- WAGE Wage to be given to the worker by the Employer (based on agreed Minimum Wage); a) Daily / weekly / monthly …… TL b) Piece work basis ………………. TL c) Other……………………………….… TL 2- DAILY WORKING AND REST PERIODS In accordance with the time-based working conditions, the working hours, weekly start and end times and legal break periods are determined by the Employer by taking into account. the local working hours, local customs and traditions, provided that the working hours remain constant for 40 hours per week, and maximum 10 hours per day including overtime. These are announced to the workers by the Employer and timesheets are provided. Exceeding the 40-hour weekly working time determined by this agreement is overtime. Overtime periods are paid by increasing the amount of the daily wage per hour by 50%. 3- OTHERS The Employer; • shall / shall not pay the workers in advance. • shall / shall not pay the workers for the days not working due to climatic conditions, disasters and similar reasons. • shall take the measures of occupational health and safety of workers and all kinds of measures against occupational accidents and diseases. • shall keep a record of the employee's payroll and the salary paid to the employee. • shall employ each worker formally and render social security premium payments • shall keep a record of timesheets for working days of the employee • shall comply with this contract and all applicable laws, regulations and other requirements, including requirements to protect the health, safety and wellbeing of all employees any other person • shall maintain a safe working environment • shall not employ persons below the age of 18 years • shall treat all workers equally and fairly. Men and women will receive equal wages for equal work. B. OBLIGATIONS OF WORKERS: 19 • The person shall work as a casual worker with experience and professional knowledge in accordance with the mission and vision determined by the Employer. • The worker accepted this. • The working places to be indicated by the employer or his representative are the working place in accordance with the employer's decision within the boundaries of the project work site. • Workers will start working on…. /…. / ………. • Workers shall show due diligence and participate in OHS trainings in order to prevent damage to land, crops, agricultural vehicles and equipment. • Workers shall not quit the job and work in another workplace without valid excuse as long as the subject of this contract continues by the employer. • Workers shall comply with this contract and all applicable laws, regulations and other requirements, including requirements to protect the health, safety and well-being of other Contractor’s Personnel and any other person • The provisions of the Labour Law shall apply to other matters not included in the contract (working hours, leaves etc.) This contract is arranged in three / four copies and if one of the parties does not fulfil one of its obligations the ……………………… courts / enforcement offices are authorized. EMPLOYER’S: Name Surname: Date: Signature: …………………………. WORKER’S: Name Surname: Date: Signature……………………………. 20 Annex 3 - Incident Log Template From: Resident Engineer To: Contract Manager Date of submission: Incident details How was the incident known Nature Incident Name of Victim Name of project staff involved/suspected to be involved? Date of Incident Location of Incident Date/Time Incident Reported to Contractor/Consultant Details of Person(s) Who Reported To Whom was incident Reported? Mode of Reporting (verbal/written report) – if written attach report. Details of the Incident (key facts pertaining to the incident and how it happened) Who else was informed about this incident? What Action (s) has been taken by Contractor / agency to address the problem? And When? 21 Actions By UWA/NFA Name/position of UWA/NFA staff incident was reported to Comments/Recommendations for - UWA/NFA staff for which Incident was first reported Comments/Follow up Action Recommended. Annex 4: Worker’s grievance handling procedure Grievances raised by workers Grievances raised to grievance Grievances raised to Community UWA/NFA Project Management committee members on each Conservation Warden, Forestry Officers Teams/Suggestion boxes etc. site Safety Officers/Sociologist Contractor’s Grievance Complaint registered in the grievance log Handler schedules a book by the Sociologist/ Grievance handler meeting Investigation by Grievance Committee hearing committee (GC) Hearing from the: 1. The Complainant; 2. The Accused party 3. Witnesses (if any) Recommendations by the GC Human resource office at regions of operation 22 Disclosure of outcome to all parties Outcomes accepted by parties Yes No Refer grievance to District Labour Officer Outcomes accepted Yes No Refer case to Court 23