The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) Combined Project Information Documents / Integrated Safeguards Datasheet (PID/ISDS) Appraisal Stage | Date Prepared/Updated: 08-Mar-2019 | Report No: PIDISDSA24424 May 18, 2018 Page 1 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) BASIC INFORMATION OPS_TABLE_BASIC_DATA A. Basic Project Data Country Project ID Project Name Parent Project ID (if any) Peru P162833 Improving the Performance of Non- Criminal Justice Services Region Estimated Appraisal Date Estimated Board Date Practice Area (Lead) LATIN AMERICA AND CARIBBEAN 19-Feb-2019 30-Apr-2019 Governance Financing Instrument Borrower(s) Implementing Agency Investment Project Financing Republic of Peru Ministry of Justice and Human Rights, Judiciary of Peru Proposed Development Objective(s) The Project’s development objective is to improve the efficiency, access and transparency of and user satisfaction with the delivery of non-criminal justice services. Components Component 1: Improving efficiency and transparency of justice services Component 2: Strengthening performance management, accountability and integrity of the justice sector Component 3: Improving access to justice for vulnerable populations Component 4: Reform management PROJECT FINANCING DATA (US$, Millions) SUMMARY -NewFin1 Total Project Cost 167.88 Total Financing 167.88 of which IBRD/IDA 85.00 Financing Gap 0.00 DETAILS -NewFinEnh1 World Bank Group Financing May 18, 2018 Page 2 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) International Bank for Reconstruction and Development (IBRD) 85.00 Non-World Bank Group Financing Counterpart Funding 82.88 Borrower/Recipient 82.88 Environmental Assessment Category B-Partial Assessment Decision The review did authorize the team to appraise and negotiate Other Decision (as needed) B. Introduction and Context Country Context 1. Peru remains one of the fastest growing economies in the Latin America and Caribbean region. After expanding strongly during the boom in commodity prices (2004-2013), the Peruvian economy entered a deceleration period that lowered its GDP growth rate to 2.5 percent in 2017. Currently, the economy is going through a cyclical recovery driven by domestic demand, which raised its growth rate to four percent in 2018, a pace that is expected to maintain in the medium term. Higher private investment is being driven by new investments in mining, improved business confidence, job creation and accommodative monetary policy. Public revenues have strongly increased in a context of better corporate profits and higher sales, allowing for an expansion in public spending, on one side, and the starting of fiscal consolidation, on the other. The fiscal deficit lowered from 3.1 percent in 2017 to 2.5 percent in 2018, and is expected to reach one percent in 2021, in compliance with fiscal rules. The current account deficit was 1.5 percent of GDP in 2018, and is expected to slightly increase, due to an investment-related boost in imports. Foreign Direct Investment and other long-term capital inflows are expected to over- finance the external gap, allowing for some accumulation of reserves. Peru has built fiscal and external buffers that can mitigate the eventual materialization of external shocks to its economy. Gross (net) public debt stands at 25.7 (11.4) percent of GDP and international reserves at US$ 60.1 billion, equivalent to 27 percent of GDP, as of December 2018. 2. Poverty and inequality dropped dramatically over the last decade, although it increased in 2017 for the first time this century. For most of the 2000s, Peru’s rapid economic growth, coupled with well- targeted social policies, boosted income growth among the bottom 40 percent at rates much higher than mean growth. As a result, poverty rates halved from 42.4 in 2007 to 20.7 in 2016, and inequality fell substantially (from 0.50 to 0.44 in that period). More recently, modest economic growth, a stagnation of the labor market, and a halt in the expansion of social spending stopped the longtime trend of poverty reduction. The total national poverty rate increased from 20.7 percent in 2016 to 21.7 percent in 2017 (statistically significant), while the extreme poverty rate stagnated. While Metropolitan Lima was the most May 18, 2018 Page 3 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) affected area by the recent increase, rural areas still have higher poverty rates, overall, than urban areas (around 30 percentage points higher). Beyond the recent trends, inequalities in assets and access to quality services and markets remain a challenge, including spatial inequalities, by sex and between ethnic groups. For instance, a relative absence of government services in isolated regions has fueled a lack of trust in the State that is visible in generally low compliance with rules and regulations. Similarly, women face disadvantages in the labor market, and rates of domestic violence are high. Indigenous and Afro- Peruvians, who make up around 45 and 3 percent of the population, respectively, face further disadvantages in living conditions. Of the total population, around 16 percent speak a language other than Spanish as their native tongue. 3. Authoritarian rule and the violence of the 1990s weakened institutions, which have had to be rebuilt with the return to democracy. This process is slow and has not always been linear. Reforms and favorable external conditions brought almost two decades of high growth and strong poverty reduction since the early 2000s. But Peru also found itself caught in the “lava jato� construction corruption scandals, which affected successive administrations and contributed to the resignation of the President in March, 2018. Within this overall context, the justice system is an institution widely perceived to be outdated, slow, inefficient and corrupt, although some aspects perform better than others. In July 2018, recordings of corrupt practices in the judicial system were published, leading to a major institutional crisis and the resignation of the President of the Supreme Court, and the Minister of Justice (among others). Following the political and institutional turmoil, the President of the Republic appointed a Consultative Commission for the Reform of the Justice System, which made a series of profound recommendations for reform (The Wagner Commission Report).1 Sectoral and Institutional Context 4. The Peruvian System for the Administration of Justice (SAJ) is composed of multiple agencies. The principal institutions are: (a) the Judiciary (Poder Judicial, PJ), which includes all courts except the Constitutional Tribunal; (b) the Ministry of Justice and Human Rights (Ministerio de Justicia y Derechos Humanos, MINJUS), responsible for protecting human rights and access to justice and for developing public policies in the justice sector; (c) the Attorney General´s Office (Ministerio Público-Fiscalía de la Nación, MP) responsible for investigation and prosecution of criminal cases; (d) the Constitutional Tribunal (Tribunal Constitucional, TC), responsible for deciding questions of constitutional law; (e) the National Justice Board (Junta Nacional de Justicia, JNJ) (formerly the National Council of Magistrates - Consejo Nacional de la Magistratura, CNM), responsible for the selection, appointment, evaluation and removal of judges and prosecutors; and (f) the Judicial Academy (Academia de la Magistratura, AMAG), responsible for providing training and capacity building for judges, prospective judges and prosecutors. 5. Corruption and weak accountability are major problems affecting the quality and credibility of the judicial system and have led to the recent big push for reform. The institutional crisis of July 2018 exposed corrupt networks within the Peruvian judicial system. It was precipitated by audio recordings of judges and members of the CNM, using their influence and soliciting bribes to obtain positions and alter sentencing decisions. A number of judges were arrested, the entire council of the CNM was dismissed by Congress, and the body disbanded and replaced by the JNJ. Further revelations confirmed widespread trafficking of influence within the judicial system. As a response, the President, in consultation with Congress and civic and political players, established the Wagner Commission to analyze the underlying issue affecting the judicial system and preparing recommendations to undertake a profound reform in the 1 Informe de la Comisión Consultiva para la Reforma del Sistema de Justicia, July 25, 2018 May 18, 2018 Page 4 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) justice sector. The Wagner Commission Report noted: “The current crisis has exposed what was well known, but for which concrete evidence was lacking. This has opened a space for change.� 6. The Wagner Commission Report compiled several past diagnostics and recommendations and provided a blueprint for the reforms the Peruvian state (all three branches) are now implementing. Although prepared in a record time, the 10 main recommendations of the Wager Commission Report now provide a solid basis for the Government’s program for reform of the justice system. The Report draws on previous reform attempts, including the 2004 National Plan produced by the Special Commission for an Integrated Reform of the Administration of Justice (CERIAJUS2) and the 2016 National Accord for Justice (Acuerdo Nacional por la Justicia, ANJ). The Wagner Commission Report recommendations command a broad consensus. One of its recommendations required constitutional reform, for which the President swiftly called a referendum in December, 2018. The population overwhelmingly (86%) endorsed the creation of the new JNJ, one of the most significant changes recommended in the Report. 7. The Wagner Commission Report also highlighted the need for stronger leadership to drive the required reforms and recommended the creation of a High-Level Council to oversee the Reform of the Justice System (Recommendation 10). The Council, which was approved in the first ballot by Congress in January 2019, will be chaired by the President of the Republic and comprised of the heads of the other powers, as well as the main judicial entities. Its key mandate is to focus the reform process as a priority project of the State, and mobilize the necessary political capital and resources to make critical decisions and implement the profound changes needed in the current circumstances. 8. Even prior to the July 2018 crisis, the justice sector’s five main challenges were widely recognized. The inability to overcome them is reflected in low user satisfaction levels and trust. In 2017, only 18 percent of citizens reported trust in the judiciary3 the second lowest in the region, and further, most consider it inequitable.4 The five main challenges are: i) Inefficiency, reflected most evidently in the excessive length of time for resolving cases. ii) Limited accountability, reflected in inconsistent decision making, corruption and lack of public information. iii) Poor access, especially for vulnerable populations who face multiple barriers, including women in vulnerable conditions and indigenous peoples. iv) Gender Gaps in the justice sector are significant, especially in responding to gender-based violence. v) Lack of reliable information to design policies to improve efficiency, accountability and access. 9. Over the last decade, the GoP has made some progress in reforming the justice sector includingby implementing oral procedures, fighting against corruption, and increasing access to justice services. New regulations and mechanisms seeking to increase productivity and ensure economic sustainability have also been introduced. More recently, some advances have been made in the use of information technology to accelerate some judicial processes. The Electronic Case Files (Expediente 2 Comisión Especial para la Reforma Integral de la Administración de Justicia, 2004 3 Corporacion Latinobarometro (2017) Informe (http://www.latinobarometro.org/LATDocs/F00006433- InfLatinobarometro2017.pdf). The level of mistrust is the same with the executive and parliament. 4 Poder Judicial del Perú. Plan de Desarrollo Institucional 2009-2018. Lima: Poder Judicial del Perú, 2011. May 18, 2018 Page 5 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) Judicial Electrónico, EJE), in particular, is one of the most important reforms currently being implementation by the PJ. Since January 2017, the PJ has been working in the implementation of an e- filing system for non-criminal cases. The EJE consists of an organizational reform focused on assuring more expedited and transparent justice services using new ICT tools. To date, the EJE has been implemented in 12 courts of the Lima District: 6 commercial courts, 1 customs court, 1 court for market issues, and 4 labor courts. The implementation of the EJE in these courts has been an important first step not just to pilot this new mechanism, but also to establish the framework for it to operate effectively. Once fully implemented, the EJE will allow users nationwide to manage the judicial process and the services provided by the PJ through secure electronic mechanisms. C. Proposed Development Objective(s) Development Objective(s) (From PAD) The Project’s development objective is to improve the efficiency, access and transparency of and user satisfaction with the delivery of non-criminal justice services. Key Results 10. The proposed operation seeks to improve the overall performance of non-criminal justice services in Peru.5 The objective is to ensure that non-criminal judicial processes are quicker, more transparent and more accessible. As a result, it is expected to have a positive impact on overall user satisfaction. In addition, the operation also seeks to improve the access to justice for vulnerable populations, with an emphasis on women and indigenous people. Each one of the PDO-level indicators below measures one aspect of the PDO: i) Efficiency indicator: reduced processing times, between the presentation of a claim and the decision that resolves the case, non-criminal EJE courts.6 ii) Access to justice indicator: increased satisfaction of female users with the services provided at the ALEGRAs. iii) Transparency indicator: increased percentage of users accessing their case status online. iv) User satisfaction indicator: increased percentage of users satisfied with services provided in a representative sample of non-criminal courts. D. Project Description 11. The proposed five-year operation is estimated to cost US$ 168 million. The WB will finance up to US$85m through an Investment Project Financing (IPF) loan. The borrower will make available US$83m as counterpart funds. The proposed operation comprises four components. 5 In parallel, the GoP is preparing a loan operation to be financed by the Inter-American Development Bank (IADB), which aims to improve criminal justice services. 6 This measurement will not take into consideration the length of the enforcement stage. May 18, 2018 Page 6 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) 12. Component 1: Improving efficiency and transparency of justice services (Estimated amount: US$120.75 million; IBRD Financing: US$60.38 million). This component supports more efficient and transparent justice services through new organizational frameworks and management processes. The main reform for achieving this is the implementation of the EJE, which will help reduce case processing times, and make the resolution process more transparent by providing users with real-time access to their case files and case status. The design and implementation of the EJE demands an organizational reform not only by the PJ - as the main body responsible for providing non-criminal justice services - but by the TC and the AMAG, in order to ensure interoperability of processes and information systems, as well as training programs to support the new tools. This component comprises three subcomponents that support the organizational reform in each of the involved entities. i) Subcomponent 1.1. Modernization of non-criminal justice services in the Judiciary. This subcomponent supports the activities for the design and implementation of the EJE including: (a) a comprehensive review and redesign of existing jurisdictional and administrative processes (including the EJE pilots) based on data and in consultation with stakeholders (judges, lawyers and citizens participating in judicial processes), in order to identify and eliminate existing inefficiencies; (b) design, development and implementation of a scale-up of the EJE to courts nationwide; (c) training programs for judicial and administrative personnel on the new processes and operations of the EJE platform; (d) implementation of change management activities to facilitate the implementation of the EJE; and (e) an impact evaluation and user satisfaction surveys to measure the reform’s results, including gender disaggregated information to identify gender gaps and inform specific actions to enhance women’s experience when seeking justice. This subcomponent will also support the design and implementation of a strategy for improving transparency and access to information in the judiciary including: (a) publication of all judicial decisions in an easily accessible format to be produced by the EJE; (b) the creation of an indexed and systematic body of jurisprudence; (c) publication of information about judges and prosecutors, such as CVs and financial and interest declarations; and (d) publication of annual reports with information on the performance and activities of the court system. ii) Subcomponent 1.2. Enhancing the service delivery model of the TC. This subcomponent supports the TC to enhance its management model to adapt procedures to the EJE, increasing the efficiency and transparency of its service delivery. Since a large part of the TC’s workload consists of reviewing cases previously decided in the PJ, emphasis will be placed on ensuring a clear articulation between the TC’s new model and processes with the new EJE processes at the PJ. Specific activities to be supported under this subcomponent include: (a) review and redesign of processes and systems within the TC to ensure interoperability with the EJE platform; (b) review and adaptation of technological infrastructure and office space in the TC according to the renewed organizational model and including energy efficiency improvements in existing facilities through the installation of more efficient lighting and equipment; and (c) implementation of change management activities and provision of training to the TC’s staff on the new processes and the use of information systems. May 18, 2018 Page 7 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) iii) Subcomponent 1.3. Improving the quality of training for the justice sector. This subcomponent will support the AMAG to enhance its management model and training programs through: (a) a review and modernization of the AMAG’s management model and processes to adapt to the organizational reform of the justice sector, including through improving the planning, monitoring and evaluation of the AMAG’s activities; (b) the review, redesign and putting online of training and knowledge management programs, based on diagnoses and need assessments aimed at all levels of staff in both judicial and administrative functions; (c) the enhancement of the AMAG’s information systems, technological infrastructure, and office space to deploy the renewed training programs; and (d) implementation of an impact evaluation of the training programs. 13. Component 2: Strengthening performance management, accountability and integrity of the justice sector (Estimated amount: US$12.92 million; IBRD Financing: US$6.46 million). This subcomponent aims to strengthen performance management, accountability, integrity and internal control mechanisms in the justice sector. Proper monitoring and evaluation mechanisms to support performance management and decision making are currently weak. Moreover, management lacks good quality information – ranging from judicial opinions to administrative data – to make informed decisions. For instance, due to the lack of information on the progress and results of cases and institutional performance, it is difficult to identify the inefficient courts and judges, which weakens the accountability of the Judiciary as a whole. In addition, the latest corruption scandals reveal significant weaknesses in accountability and internal control mechanisms, which is now one of the most important challenges to be addressed. This component comprises three subcomponents. The first two strengthen performance management, accountability and integrity in the PJ and the TC, respectively; while the third subcomponent supports the recently created JNJ to deliver on its mandate to promote better performance, accountability and integrity in the justice sector. i) Subcomponent 2.1. Strengthening performance management and integrity in the PJ. This subcomponent supports the PJ to strengthen its performance management processes and systems through: (a) improving the quality of information and developing indicators to monitor and evaluate performance in the Judiciary (including allocation of budgets, human resources and infrastructure); and (b) developing data analytics capacity in the PJ to use and analyze data from the EJE and other sources to inform decisions and improvements in courts and other areas; and (c) developing the operational model and processes for improved integrity and control. ii) Subcomponent 2.2. Strengthening performance management in the TC. This subcomponent supports the TC to strengthen performance management through: (a) the design and implementation of a monitoring and evaluation system with good quality information; and (b) the enhancement and strengthening of the SIGE as the supporting tool to monitor case processing and staff performance in the TC. May 18, 2018 Page 8 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) iii) Subcomponent 2.3. Supporting operationalization and strengthening of the JNJ. This subcomponent supports the design and implementation of a management model for the newly established JNJ to deliver on its mandate as the institution responsible for the selection, appointment, evaluation, and sanctioning (including removal) of judges, and for establishing a disciplinary framework and integrity standards for the justice sector as a whole. The design of these activities will promote principles of transparency and accountability. This subcomponent will support: (a) the development of management processes for the efficient, transparent and accountable operations of the JNJ; (b) technical assistance on applying processes for the selection, appointment, and sanctioning of judges; (c) the development and application of protocols and management tools for the performance evaluation of judges, including the use of performance information from the EJE; and (d) change management activities and training to facilitate the reforms. 14. Component 3: Improving access to justice for vulnerable populations (Estimated amount: US$17.99 million; IBRD Financing: US$8.99 million). This component supports vulnerable citizens to access support for resolving legal disputes and conflict, as well as handling administrative claims with the State. This component supports the enhancement and scaling up of existing programs and initiatives that provide justice services to vulnerable populations, particularly the ALEGRAs and the mobile justice delivery mechanism, which will be supported by each of the two subcomponents. The ALEGRA centers – operated by the MINJUS — provide free legal, social and psychological support to low income populations, and currently their main users are vulnerable women. In 2017, 95.2% of users who received legal assistance at ALEGRAs were women, including 83% of users who received victim defense services. ALEGRAs seek to improve access by lowering costs and by providing multiple services in one location. A Social and Gender assessment conducted jointly by the Bank and the Government has identified several weaknesses that have limited the coverage and quality of services provided by the ALEGRAs, such as inconvenient hours of operation, lack of appropriate physical facilities, disruption in service delivery due to natural disasters, overlap of services with other institutions, lack of standardized processes and lack of appropriate instruments for monitoring and decision making. This component builds on two previous Bank operations but will support different types of activities. This operation will not finance the construction and implementation of new ALEGRAs, but rather seeks to improve the management model, existing physical space, and overall capacities of the existing ALEGRAs, in order to increase the coverage and quality of their services. In addition, the component also supports the scale up of a mobile justice service program [Justicia Itinerante]. The existing initiative is led by the PJ and joined by several other institutions such as the Ministry of Justice, the Ministry of Housing, Construction and Sanitation, the Ministry of Women and Vulnerable Populations, the Attorney General’s Office, National Registry of Identification and Civil Status, and local governments. Through this initiative, judges travel regularly to remote areas –including indigenous communities– to provide services. Claims are collected and reviewed beforehand, to allow decisions to be made in situ. By bringing justice institutions to citizens living in remote areas – many of whom are indigenous – the mobile justice mechanism aims to lower cost, linguistic, cultural and geographic barriers for target beneficiaries. i) Subcomponent 3.1: Improving the provision of free legal services and representation through the ALEGRAs. This subcomponent strengthens the management of the ALEGRAs in May 18, 2018 Page 9 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) order to increase the coverage and improve the quality of their services. A particularly relevant dimension for increasing the coverage and quality of the ALEGRA’s services is related to improved management of child support cases, as well as cases of gender-based violence (GBV) and domestic violence. Over 90% of cases managed by ALEGRAS are related to child support, being therefore one of the areas in which service improvements would yield higher impact among vulnerable women. These improvements could consider eliminating access barriers, service shortcomings, and interinstitutional coordination. Given that many of these cases originate from cases of GBV and domestic violence, and that eliminating GBV is a priority for Peru, increasing coverage of services to victims of GBV would be another relevant dimension in which service provision could be expanded. At the moment, only the MEGA ALEGRAs provide services related to these issues, which constitutes an opportunity for improving access to justice to particularly vulnerable women. It would also allow adequate coordination with relevant institutions such as the proposed National System of Specialized Justice for the Protection and Punishment of Violence against Women. This subcomponent includes the following activities: (a) conducting an in-depth and detailed analysis of existing barriers and shortcomings affecting the coverage and quality of services, especially in relation to cases of child support, gender-based violence and domestic violence (including from non-traditional factors such as climate change impacts and gender of service providers); (b) the design and implementation of a demand-drive management model to address the barriers and shortcomings identified in the analysis above, including the improvement of relevant information systems and design and implementation of strategies for increasing the coverage and quality of services; (c) rehabilitation or refurbishment of existing physical facilities to enhance services for a larger clientele, including meeting universal accessibility standards for persons with disabilities, making them climate-resilient and using energy-efficient appliances and equipment; (d) provision of training and capacity building activities for the ALEGRA personnel; (e) coordination with other institutions providing similar services, including the Ministry of Women and Vulnerable Populations –which operates the Women Emergency Centers (Centros de Emergencia Mujer, CEM) and the National System of Specialized Justice for the Protection and Punishment of Violence against Women; and (f) an impact evaluation and user satisfaction surveys to monitor and enhance the quality of services. ii) Subcomponent 3.2: Design and implementation of a mobile justice delivery mechanism. The PJ delivers mobile justice services in all 34 judicial districts through the superior courts. However, the implementation of this initiative is based largely on the good will of the judges and staff of the courts and the other collaborating institutions. For this reason, and also due to the lack of proper management instruments, the coverage and quality of the services varies significantly across districts. This subcomponent seeks to support the PJ to improve the design and implementation of the mobile justice delivery mechanism, in order to increase the coverage and improve the quality of services. This subcomponent consists of the following activities: (a) documenting and analyzing the ongoing initiative to improve the design of a national mobile justice delivery mechanism; (b) developing the normative framework, guidelines and tools to scale up the program and deliver more effective services; (c) providing May 18, 2018 Page 10 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) training and capacity building for relevant personnel in the PJ and associated bodies; (d) supporting the implementation, monitoring and evaluation of the program. 15. Component 4: Reform Management (Estimated amount: US$16.00 million; IBRD Financing: US$8.96 million). The objective of this component is to support the administrative bodies in charge of driving the judicial reform process, and support project management activities, as well as provide a flexible facility for technical assistance and research support to Government on key areas of reform as they arise. This component consists of two subcomponents: i) Subcomponent 4.1: Coordination and management of the judicial reform process. This subcomponent consists of the following activities: (a) support the operations of the High- Level Council responsible for the coordination and management of the judicial reform process (including technical support); and (b) operational support to the Project Management Units, addressing financial management, procurement, safeguards, and monitoring and evaluation activities in MINJUS, PJ and TC. ii) Subcomponent 4.2: Technical assistance and research for key sector reforms. This subcomponent will provide flexible technical assistance, research, and operational support to participating entities to carry out studies and evaluations of specific aspects of the reform process. Among other studies, this subcomponent will support a Public Expenditure and Institutional Review of the justice sector, as well as a review of the management of mass administrative claims, in particular the system of pension administration. Further, the subcomponent will seek to support technical assistance on the introduction of a system of ethics regulation. The subcomponent will also allow the sector to continuously analyze and evaluate its results and identify future areas for improvement and reform. E. Implementation Institutional and Implementation Arrangements 16. The Project will be co-implemented by two Project Implementing Units (PIUs): i) the Project Executing Unit (Unidad Ejecutora de Proyecto, UEP) that operates under ACCEDE, a public institution with its own legal personality created under the MINJUS, and ii) a Coordinating Unit (Unidad Coordinadora, UC) housed at the PJ. The UEP will be responsible for the implementation of project activities for the MINJUS, the TC and the JNJ, while the UC will be responsible for project activities for the PJ and the AMAG. The two PIUs operate independently, while the UEP will be responsible for consolidating the project’s financial statements. Each PIU will also be responsible for taking all environmental and social safeguard actions for the activities to be conducted for their respective agencies. UEP and UC are adequately staffed and have considerable years of experience implementing projects for international financial institutions, including the World Bank7. The following table summarizes the roles and responsibilities of the UEP and UC. 7The PJ has previous implementation experience with projects financed by the Word Bank (including projects P110752 and P125551), in which the FM performance during supervision was consistently rated as Satisfactory and the FM risk rated as Moderate. May 18, 2018 Page 11 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) 17. The Project Steering Committee will be comprised by the heads of entities involved in the Project, namely the PJ, the MINJUS, the AMAG, the TC and the JNJ (the JNJ will join once it is formally established and subcomponent 2.3 activated). The Steering Committee will be responsible for providing strategic guidance for implementation, resolution of disputes between participating entities and ensuring political commitment to implementation. Below the Steering Committee there will be a Technical Committee consisting of permanent technical representatives of each of the entities. The Technical Committee will meet regularly and provide technical coordination. Specific roles and responsibilities of the Steering Committee and the Technical Committee will be established in the Operational Manual (OM). 18. Funds Flow and Disbursement Arrangements: Project’s funds will be allocated into two designated accounts (DA). One of the DAs will be used for the part of the project executed by the UEP, and the other for the part executed by the UC. Both DAs will be funded with resources from the loan. Both PIUs will be responsible for: (i) budget formulation and timely requesting of resources for each year in accordance with the annual operating plan; (ii) ensuring the allocation of disbursement requests to the appropriate designated account for the execution of the activities agreed under the Project; (iii) proper recording of the approved budget and accounting records in the respective information systems following a classification by project component/sub-component; and (iv) timely recording of commitments, accruals, and payments, to allow adequate budget monitoring and the provision of accurate information on project commitments for programming purposes. . F. Project location and Salient physical characteristics relevant to the safeguard analysis (if known) Peru’s geography is incredibly diverse, with the massive Andean cordillera dividing its surface into three natural regions: the Costa (coast, where about 55 percent of the population resides); the Sierra (highlands, with 32 percent of the population); and the Selva (the lush Amazon rainforest, with 13 percent of the population). Communities in remote areas of the Sierra and Selva regions historically have been isolated from those living in the Costa region, which has resulted in huge development gaps among these regions. The Sierra and Selva regions are also home to a large number of Peru’s indigenous peoples. According to the World Bank, there are some 7.6 million indigenous people in Peru, accounting for more than a quarter of the country’s population. 16 percent of the country’s population speaks a language other than Spanish at home. In this regard, geographical, linguistic and cultural barriers have created limitations for achieving full access to justice in several regions of the country. For this reason, this project supports national reform of the justice system in Peru and will support the design and implementation of a mobile justice delivery mechanism that will provide non-criminal justice services to indigenous populations living in rural areas. G. Environmental and Social Safeguards Specialists on the Team Carlos Tomas Perez-Brito, Social Specialist Ximena Rosio Herbas Ramirez, Environmental Specialist May 18, 2018 Page 12 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) SAFEGUARD POLICIES THAT MIGHT APPLY Safeguard Policies Triggered? Explanation (Optional) This policy is triggered. The Borrower has prepared an Environmental Management Framework that provides guidance on the specific management plans that will need to be prepared during implementation of the project for activities that could cause any type of impacts to the environment. There are minor civil works that will be implemented in selected ALEGRAs and existing office space of other participating agencies. Some of the minor works to be carried out are: (i) rehabilitation of spaces, including adjustments of walls, floors and ceilings, or old installations that require minor repairs; (ii) expansion of spaces, which may include removal of windows, doors or walls to enlarge the spaces of the Environmental Assessment OP/BP 4.01 Yes offices to be used; (iii) adaptation of spaces to provide justice services in a more adequate environment for users; (iv) modernization of services, which may include installation of communication networks, technological equipment, access and connection to the internet and telephone lines, among others. Environmental Management Plans (EMPs) will be prepared for these rehabilitations There will also be procurement of technical equipment (e.g. computers). The old equipment should be appropriately discarded. The EMF provides recommendations of how to address this during implementation. The EMF has been disclosed on the Bank's and Borrower's website. Performance Standards for Private Sector No Activities OP/BP 4.03 This policy is not triggerd. Project activities are not Natural Habitats OP/BP 4.04 No expected to have any effect on natural habitats. This policy is not triggered. Project activities are not Forests OP/BP 4.36 No expected to have any effect on forest areas or related natural habitats. This policy is not triggered. Project activities will not Pest Management OP 4.09 No lead to any environmental and health risks associated with pesticide use. This policy is not triggered. Project activities are not Physical Cultural Resources OP/BP 4.11 No expected to affect any physcical cultural resources. May 18, 2018 Page 13 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) This policy is triggered. According to the World Bank, 26% of the Peruvian population (approximately 7.6 million people) are indigenous. As a result, a Social and Gender Assessment has been prepared by the client to inform project activities. This Assessment had a focus on gender, vulnerable and poor populations considering urban and rural dimensions, with the objective of complying with World Bank’s social and gender policies (OP/BP 4.10 – Indigenous Peoples and OP/BP 4.20 and OP/BP 4.20– Gender and Development) and fostering a social inclusion agenda in the country. Indigenous Peoples OP/BP 4.10 Yes Based on the result of the Assessment and to promote a social inclusion agenda that directly benefits indigenous populations, an Indigenous People Planning Framework (IPPF) has been prepared and consulted. Both the Social and Gender Assessment and the IPPF were disclosed in the Bank´s website and the borrower´s website on August 27, 2018. This IPPF will further develop and support activities under Component 3 of the Project, particularly the design and implementation of a mobile justice delivery mechanism providing services to indigenous populations living in rural areas. This policy is not triggered. Project activities will not lead to involuntary resettlement or any land taking leading to the relocation of families, loss of assets or Involuntary Resettlement OP/BP 4.12 No restriction of access to protected areas. Physical space renovations under the Project described will not require any land acquisition and will not lead to any impact covered under this policy. This policy is not triggered. Project activities will not Safety of Dams OP/BP 4.37 No be affected by, nor have any affect, on any existing dams. Projects on International Waterways This policy is not triggered. Project activities are not No OP/BP 7.50 related to any projects on International Waterways. This policy is not triggered. Project activities are not Projects in Disputed Areas OP/BP 7.60 No related to any projects in disputed areas. May 18, 2018 Page 14 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) KEY SAFEGUARD POLICY ISSUES AND THEIR MANAGEMENT A. Summary of Key Safeguard Issues 1. Describe any safeguard issues and impacts associated with the proposed project. Identify and describe any potential large scale, significant and/or irreversible impacts: There are no potential large scale, significant and/or irreversible environmental impacts associated with the Project. The environmental impacts of the civil works are minor -mainly related with the rehabilitation of the ALEGRAs and existing office space of other participating institutions-, and could be noise and dust during construction and waste handling. Environmental Management Plans will be prepared before the start of any of the activities. Regarding social safeguards, the Project is expected to have positive social impacts on the lives of indigenous communities and vulnerable women. The Project aims to contribute to the implementation of an ongoing national effort to increase access to justice services for vulnerable populations, women and indigenous peoples. As part of the consultation process and to build a citizen engagement strategy, the client organized a series of meetings with key stakeholders in the country, including NGOs, CSOs, academic institutions, indigenous peoples organizations and research centers. These meetings included presentations and technical discussions on the findings of the Social and Gender Assessment as well as the IPPF. 2. Describe any potential indirect and/or long term impacts due to anticipated future activities in the project area: No potential indirect or long term environmental impacts were anticipated. In terms of social impact, the project is expected to have positive impact on the lives of indigenous communities and vulnerable women. 3. Describe any project alternatives (if relevant) considered to help avoid or minimize adverse impacts. Alternative analysis not applicable in this project. 4. Describe measures taken by the borrower to address safeguard policy issues. Provide an assessment of borrower capacity to plan and implement the measures described. The Borrower has prepared an Environmental Management Framework that provides guidance on the specific management plans that will need to be prepared during implementation of the project for activities that could cause any type of impacts to the environment. There are minor civil works that will be implemented in selected ALEGRAs and existing office space of other participating agencies. Some of the minor works to be carried out are: (i) rehabilitation of spaces, including adjustments of walls, floors and ceilings, or old installations that require minor repairs; (ii) expansion of spaces, which may include removal of windows, doors or walls to enlarge the spaces of the offices to be used; (iii) adaptation of spaces to provide justice services in a more adequate environment for users; (iv) modernization of services, which may include installation of communication networks, technological equipment, access and connection to the internet and telephone lines, among others. Environmental Management Plans (EMPs) will be prepared for these rehabilitations. There will also be procurement of technical equipment (e.g. computers). The old equipment should be appropriately discarded. The EMF provides recommendations of how to address this during implementation. Also, as part of the institutional arrangements, the PIUs are responsible for overseeing the implementation of environmental safeguards and preparing the EMPs. May 18, 2018 Page 15 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) In terms of social safeguards, a Social and Gender Assessment was carried out and supported by the client to provide evidence and information to inform the project’s design and activities. This Assessment had a focus on gender, vulnerable and poor populations (considering urban and rural dimensions), with the objective of complying with World Bank’s social and gender policies (OP/BP 4.10 – Indigenous Peoples and OP/BP 4.20 and OP/BP 4.20– Gender and Development) and fostering a social inclusion agenda in the country. Based on the result of the social assessment and to promote a social inclusion agenda that directly benefits indigenous populations, an Indigenous People Planning Framework (IPPF) has been prepared and consulted with stakeholders. Both the Social and Gender Assessment and the IPPF were disclosed on WB and borrower website on August, 27, 2018. The IPPF will further develop and support activities under Component 3 of the Project, particularly the design and implementation of a mobile justice delivery mechanism providing services to indigenous populations living in rural areas. The Social and the Gender Assessment as well as the IPPF includes a proposal for a Grievance Redress Mechanism (GRM) for beneficiaries that can be implemented at the Project level or in coordination with existing grievance mechanisms already available to the population in the justice sector. 5. Identify the key stakeholders and describe the mechanisms for consultation and disclosure on safeguard policies, with an emphasis on potentially affected people. The EMF was disclosed on the Bank's website and the Borrower's website on December 14, 2018. Regarding social safeguards, the Social and Gender Assessment included a series of meetings and presentation events with key stakeholders in the country. Stakeholders provided feedback and recommendations for the Project for the purpose of preparing a citizen engagement strategy and as part of a consultation process to comply with safeguards policy requirements. Several stakeholders stressed the importance of increasing inter-institutional coordination among key bodies providing justice services to vulnerable populations and supporting ongoing efforts instead of creating new ones that would only increase fragmentation. The Social and Gender Assessment and the IPPF were disclosed on the Bank's website and the Borrower's website on August 27, 2018 B. Disclosure Requirements OPS_EA_DISCLOSURE_TABLE Environmental Assessment/Audit/Management Plan/Other For category A projects, date of Date of receipt by the Bank Date of submission for disclosure distributing the Executive Summary of the EA to the Executive Directors 12-Dec-2018 13-Dec-2018 "In country" Disclosure Peru 14-Dec-2018 Comments Document can be accessed at: http://www.accedejusticia.pe/web/programabancomundial.php May 18, 2018 Page 16 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) OPS_I P_DIS CLOSURE_TA BLE Indigenous Peoples Development Plan/Framework Date of receipt by the Bank Date of submission for disclosure 11-Jul-2018 16-Jul-2018 "In country" Disclosure Peru 27-Aug-2018 Comments Document can be accessed at: http://www.accedejusticia.pe/web/programabancomundial.php C. Compliance Monitoring Indicators at the Corporate Level (to be filled in when the ISDS is finalized by the project decision meeting) OPS_EA_COMP_TABLE OP/BP/GP 4.01 - Environment Assessment Does the project require a stand-alone EA (including EMP) report? No OPS_I P_COM P_TA BLE OP/BP 4.10 - Indigenous Peoples Has a separate Indigenous Peoples Plan/Planning Framework (as appropriate) been prepared in consultation with affected Indigenous Peoples? Yes If yes, then did the Regional unit responsible for safeguards or Practice Manager review the plan? Yes If the whole project is designed to benefit IP, has the design been reviewed and approved by the Regional Social Development Unit or Practice Manager? Yes OPS_ PDI_ COMP_TA BLE The World Bank Policy on Disclosure of Information Have relevant safeguard policies documents been sent to the World Bank for disclosure? Yes Have relevant documents been disclosed in-country in a public place in a form and language that are understandable and accessible to project-affected groups and local NGOs? Yes May 18, 2018 Page 17 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) All Safeguard Policies Have satisfactory calendar, budget and clear institutional responsibilities been prepared for the implementation of measures related to safeguard policies? Yes Have costs related to safeguard policy measures been included in the project cost? Yes Does the Monitoring and Evaluation system of the project include the monitoring of safeguard impacts and measures related to safeguard policies? Yes Have satisfactory implementation arrangements been agreed with the borrower and the same been adequately reflected in the project legal documents? Yes CONTACT POINT World Bank Nicholas Menzies Senior Governance Specialist Alberto Leyton Lead Public Sector Specialist Borrower/Client/Recipient Republic of Peru Implementing Agencies Ministry of Justice and Human Rights Mayumi Ortecho Executive Director of the ACCEDE Program mayumi.ortecho@accedejusticia.pe Judiciary of Peru Erick Saldaña Chief of the Officer for Project Coordination esaldanas@pj.gob.pe May 18, 2018 Page 18 of 19 The World Bank Improving the Performance of Non-Criminal Justice Services (P162833) FOR MORE INFORMATION CONTACT The World Bank 1818 H Street, NW Washington, D.C. 20433 Telephone: (202) 473-1000 Web: http://www.worldbank.org/projects APPROVAL Nicholas Menzies Task Team Leader(s): Alberto Leyton Approved By Safeguards Advisor: Practice Manager/Manager: Robert R. Taliercio 08-Mar-2019 Country Director: Alberto Rodriguez 11-Mar-2019 May 18, 2018 Page 19 of 19