The Gambia Inclusive and Resilient Agricultural Value Chain Development Project (GIRAV) Sexual Exploitation and Abuse (SEA)/Sexual Harassment (SH) Action Plan Contents 1. INTRODUCTION AND CONTEXT ..................................................................................................................... 3 1.1. BACKGROUND .................................................................................................................................................3 1.2. DESCRIPTION OF THE PROJECT............................................................................................................................4 1.2.1. Project Development Objective (PDO) ...................................................................................................4 1.2.2. Project Location .....................................................................................................................................5 1.2.3. Project components ...............................................................................................................................5 2. PRINCIPLES OF THE SEA/SH PREVENTION AND RESPONSE PLAN .................................................................. 6 3. SEA/SH PREVENTION AND RESPONSE PLAN ................................................................................................. 7 3.1. KEY MEASURES ................................................................................................................................................7 3.2. SEA/SH PREVENTION AND RESPONSE PLAN .........................................................................................................8 3.3. DETAILED ACTION PLAN FOR THE PROGRAM .........................................................................................................9 4. ANNEX ........................................................................................................................................................ 16 4.1. ANNEX 1: LIST OF SOCIAL WORKERS PER REGION WITH THEIR CONTACTS................................................................16 4.2. CODE OF CONDUCT BACKGROUND ....................................................................................................................20 4.2.1. Definitions ............................................................................................................................................20 4.2.2. Company Code of Conduct ...................................................................................................................22 4.2.3. Manager’s Code of Conduct .................................................................................................................25 4.2.4. Individual Code of Conduct ..................................................................................................................28 2 1. Introduction and Context 1.1. Background 1Gender-based violence (GBV) is an umbrella term for any harmful act that is perpetrated against a person’s will and that is based on socially ascribed (i.e., gender) differences between males and females. It includes acts that inflict physical, sexual, or mental harm or suffering, threats of such acts, coercion, and other deprivations of liberty. These acts can occur in public or in private space (IASC 2015). Globally, women and girls are disproportionately affected by GBV (World Bank 2020). According to the United Nations Declaration on the Elimination of Violence against Women, GBV against women is a manifestation of unequal power relations between men and women, which have led to domination over and discrimination against women by men and the prevention of the full advancement of women (United Nations, 1993). 2Sexual exploitation and abuse (SEA) refers to any actual or attempted abuse of a position of vulnerability, differential power or trust for sexual purposes, including but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another person. In terms of World Bank-supported projects, sexual exploitation and abuse occur against a beneficiary or member of the community. Sexual harassment (SH) occurs between personnel/ staff and involves any unwelcome sexual advance or unwanted verbal or physical conduct of a sexual nature. SEA/SH is therefore a subset of GBV and represents the primary focus of the grievance mechanisms (World Bank 2020). The Gambia has laws against SEA, and GBV. Some of these laws are quite progressive; the Sexual Offenses Act 2013, the Domestic Violence Act 2013, Women Act 2010 and the Children's Act 2005 among others. They provide clear provisions prohibiting inter alia acts of violence and abuse against women, girls and children in general, in any form and protecting victims of the said acts. The Criminal Code provides for traditional offenses relating to sexual violence against women such as rape. According to section 122, the maximum punishment for rape is life imprisonment, and the maximum punishment for attempted rape is 7 years. The Sexual Offences Act criminalizes every form of sexual assault, exploitation and harassment. This legislation amends the law and procedure relating to the trial of rape and other sexual offenses. The Act addresses some of the barriers that have impeded the trial of rape and other sexual offenses in the past. This Act expands the definition of sexual assault and other coercive acts to include circumstances where the survivor is coerced into the sexual acts and incorporates perpetrators who would have escaped punishment prior to the amendments of this legislation. In light of the above, the project will ensure adequate systems are put in place to prevent acts of Gender- Based Violence/Sexual Exploitation and Abuse/Sexual Harassment exacerbated/created by the project. This will be done by establishing and implementing the SEA/SH prevention and response action plan as part of the ESMF. 3An important feature of poverty in The Gambia is its gender inequality dimension as women constitute the majority of the poor and extremely poor, exacerbated by the fact they occupy a low socio-economic status. Agriculture is the main resource base of Gambian women and it provides them a livelihood as the primary food producers, particularly in the areas of rice production and horticulture. They often operate at low levels of productivity due to limited access to agricultural inputs, credit facilities and technology; and 1 World Bank (2020) Grievance mechanisms for Sexual Exploitation and Abuse & Sexual Harassment in World Bank- financed Projects 2 World Bank (2020) Grievance mechanisms for Sexual Exploitation and Abuse & Sexual Harassment in World Bank- financed Projects 3 AfDB (2011) The Gambia : Country Gender Profile 3 they lack market links. The project will serve as a strategic entry point to address women producers’ needs in ensuring a gender-responsive extension service, better-organized marketing channels and more equitable participation in value-chains. Given women and girl’s limited decision-making powers coupled with poverty, and the current COVID 19 pandemics are all likely to be exacerbated to heighten vulnerability to GBV in the communities. With the possible deployment of external personnel including agricultural extension workers, contracted workers, and other experts in the project areas; communities may be exposed to increased risks of sexual exploitation and abuse (SEA) by project workers. Moreover, GBV could result from internal community conflict, and/or sexual exploitation of community members who are extorted for sexual favors regarding project beneficial support. Thus, in accordance with the requirements in the WB SEA/SH Good Practice Note for the GIRAV Project, the SEA/SH action plan is prepared outlining the operational measures that will be put in place to prevent and respond to project-related GBV including managing related grievances. It incorporates codes of conduct for project sub-contractors and staff and other strategies to prevent risks of GBV from occurring and establishes procedures for managing related grievances. The project should allocate an appropriate budget to implement the SEA/SH action plan and assign the project social safeguard specialist to serve as a SEA/SH GBV main focal person to oversee the implementation of activities. 1.2. Description of the Project 1.2.1. Project Development Objective (PDO) 1. To support agricultural value chain development and to move from subsistence to more market- oriented agriculture, the World Bank (WB) is financing the preparation of The Gambia Inclusive and Resilient Agricultural Value Chain Development Project (GIRAV) for an amount of US$ 30 million and for five years. The project is planned to be submitted for WB Board approval by August 2021. 2. The Project Development Objective (PDO) is to support the development of inclusive and competitive agriculture value chains4, focusing on smallholder farmers and agri-entrepreneurs in Project targeted areas. To achieve this objective, the project will consist of three interlinked technical components, in addition to the Project Implementation and Coordination Component, organized to address the key binding constraints for the development of the agriculture and agribusiness sector. 3. The PDO-level performance indicators identified are as follows: (i) Increase in the value of marketed output at the beneficiary level (disaggregated by gender, smallholders, and Small and Medium Enterprises -SMEs); (ii) Increase in productivity of targeted agricultural commodities (yield in metric ton/hectare); (iii) The share of agricultural produce that is processed into higher-value products (percentage); and (iv) Farmers reached with agricultural assets or services (core indicator- gender- disaggregated). 4 1.2.2. Project Location The project will be implemented in 5 administrative regions, in the Kanifing Municipality (KM) and Banjul. Figure 1.Map of The Gambia 1.2.3. Project components There are five key proposed project components as describe below: Component 1. Improving the business environment for commercial agriculture development The objective of Component 1 is to support establishing an enabling environment that can foster private investment and build a competitive and sustainable development of a commercial agriculture/agribusiness sector in the Gambia. This will be achieved by (i) strengthening the capacity of the key organizations engaged in agri-food value chains, improving value chain coordination and partnership between actors; (ii) improving producers’ market access by providing (a) key marketing infrastructure, (b) critical SPS services and (c) feeder roads to improve rural mobility and connectivity. Component 2: Building a productive and climate-resilient agri-food system The objective of this component is to increase agricultural productivity through climate-smart intensification of selected production systems focusing on enhancing water management and fostering access to improved technologies and innovations. Component 3: Mobilizing productive private investments along the value chains This Component will support private investments in productive activities and related services by addressing the major market failures that constrain the financing of investments in agricultural value chains. It will (i) develop the capacity of financial institutions (PFIs) to scale up their financing of agri- food value chain actors by building their knowledge of the sector and their capacity to evaluate agricultural investment proposals; (ii) establish a matching grant (MG) instrument to co-finance competitively selected private productive investments; and (iii) provide technical assistance and capacity building to strengthen technical, entrepreneurial, and management skills of smallholders and SMEs. 5 Component 4: Project coordination, monitoring and knowledge management This component aims at ensuring that the project is efficiently managed and monitored, and that performance and outcomes are carefully tracked by the CPCU and the implementing agencies. It will facilitate: (i) administrative, technical, and financial management of the project; (ii) coordination among all institutional partners to ensure efficient flow of information and support to all value chain actors; (iii) effective contractual arrangements with key implementing partners and other private sector operators; (iv) monitoring and evaluation of the performance and the financial, environmental, and social impact of the project; and (v) development of communication activities to publicize and disseminate the project results, best practices and success stories. Under this component, the project will finance: (i) expenses incurred in implementing the project through the CPCU, the participating implementing agencies, and various service providers; (ii) technical assistance provided through consultancies, audits, and training to enhance the implementation capacity of the CPCU; (iii) communication, knowledge production and sharing, and outreach activities; (iv) monitoring and evaluation of project financial performance, outcomes and impacts; (v) citizen engagement; (vi) oversight of social and environmental safeguard policies; and (vii) institutional strengthening to ensure the sustainability of the project’s results. This component will be implemented by the CPCU. Component 5: Contingency Emergency Response Given The Gambia’s vulnerability to shocks, a Contingency Emergency Response subcomponent (CERC), with a zero-dollar provision, is included to create a financing mechanism within the project for emergency demands arising from natural disasters, disease, and other shocks. This CERC is particularly critical in this context of COVID-19 pandemic as even if the situation is currently manageable, the trend could be not predicted. Added to it the desert locust evasion which is threatening the West Africa region. If such a crisis develops, the government may request the World Bank to reallocate project funds to cover some costs of emergency response and recovery. The operations manual for the CERC component is being prepared and will be validated prior to any disbursement under this component. All expenditures under this CERC will be in accordance with paragraphs 11, 12, and 13 of World Bank OP10.00 (Investment Project Financing). 2. Principles of the SEA/SH Prevention and Response Plan This plan aims to address Gender-Based Violence (GBV) and Sexual Exploitation and Abuse (SEA) Risks in the GIRAV project. The World Bank Group recognizes that World Bank-financed Projects can have the potential to increase the risk of GBV in different settings and ways. Based on the protocol set out in the WB SEA/SH Good Practice Note, it is a requirement to conduct a GBV risk assessment for the proposed The Gambia Inclusive and Resilient Agricultural Value Chain Development Project (GIRAV) as there are possibilities of GBV risks increasing as a result of both contextual and project-related factors. Based on the assessment and consultation, the level of risks can be rated as “moderate�. The Risk Assessment highlighted the following as the major risk factors: Implementation of policies and enforcement of laws is always a major challenge Resource allocation to GBV activities and programs is sometimes limited. Gender statistics remain a key challenge to evidence- based gender-responsive policy-making and programming. • Presence of gender inequality in secondary, tertiary and vocational training institutions, where men make up 71% of all enrolments. Women’s literacy levels are very low at 40% (64% for men) and they are a barrier to women’s economic and social empowerment. • The project can bring an influx of labour and employment income differentials in local communities where the project sites are located. Projects with minor labour influx of workers may increase the demand for sex work, including the risk for trafficking of women for the purposes of sex work; or the risk of forced early marriage for girls. Furthermore, higher wages for workers in a community can lead to an increase in transactional sex. The risk of incidents of sex between workers and minors, even when it is not transactional, can also increase. Risk of SEA/SH by project personnel e.g., regional officials who may ask for sexual favors from women and girls for them to be included in the project economic supported activities for farmers, women groups, and other beneficiary groups or receive cash for compensation. Also, the project support can create a backlash and unintentionally heighten the risk of GBV amongst female participants especially given the 6 existing high gender inequality and norms that do not promote women’s economic independence. Rates of household violence can increase when a partner or family members feel threatened by or resentful of a woman’s economic independence. • Women farmers’ productivity is limited due to a lack of access to inputs such as fertilizer, improved technologies and capital. Lack of ownership over assets such as land severely curtailed their access to credit. Other constraints had to do with the lack of storage facilities and the long distance they had to travel to reach markets to sell their produce. The project sites may be near routes or roads that are frequently traversed by local women and girls increasing exposure to project workers and in turn, risks of sexual exploitation and abuse (SEA). • Consultations with key stakeholders on gender matters including GBV risks and processes, including women’s groups, farmer groups and other stakeholders need to be placed as part of the project ongoing process; community engagement and integration of local concerns and considerations. The vulnerability of girls and young women is related to early marriages, transactional sex, and, in some cases, rape and sexual coercion. In all these situations, women and girls have little or no ability to avoid sex or negotiate safer means. Girls are particularly disempowered to seek and receive health care, including HIV testing and treatment. • It is likely that female employees will work alongside male workers without adequate supervision at work sites; without separate latrines and other sanitation facilities for males and females; and without specific mechanisms, for females to share concerns about their working environments, including concerns about sexual harassment. • The response to GBV is inadequate and uncoordinated. The government runs one shelter which caters to all persons in need of safety, and it is inadequate to cater to the needs of women threatened in their homes. The country also lacks a referral protocol, and most cases are instead dealt with informally. Specialized service providers are also lacking, and no government agency is coordinating responses. Police officers are also not equipped to deliver adequate responses to victims of GBV. Advocacy programs, which are run by government and NGOs also lack coordination as do the many pieces of research that have been conducted by various actors. In addition, although there is a GBV network, it focuses on humanitarian issues; and because the project is not applied in a humanitarian environment, frameworks for coordinating GBV prevention and response may be limited and insufficient for the regional level, NGO, and CBO. Several CSOs also provide temporary shelters for GBV survivors. • This a strength in the Gambia: The Gambia is one of the first countries on the continent to have adopted comprehensive legislation to domesticate the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and the African Protocols on the Right of Women in Africa (APRWA) through the enactment of the Women’s Act in 2010 3. SEA/SH Prevention and Response Plan The main goal this plan is to propose appropriated GBV Risk Mitigation, to prevent and produce adequate response to SEA/SH for GIRAV project. 3.1. Key measures As part of the Bank’s initiative to integrate GBV in The F Inclusive and Resilient Agricultural Value Chain Development Project (GIRAV), GBV risk mitigation measures should be planned. Key elements of the plan include: • Create awareness on PSEA/SH mitigation and response mechanisms within the implementing agency (IA) and contractors. • Monitor GBV Risks and ensures it is adequately addressed in safeguard instruments. • Updating ESMPs and C-ESMPs to include the SEA/SH prevention and response Action Plan. • Stakeholder consultations including the participation of the communities that will take place throughout the life of the project, every six months, will help to inform GBV risks mitigation in the project. • The Ministry of Agriculture (MOA) CPCU Social safeguard specialist, in collaboration with regional Agricultural focal points will carry out a GBV service providers mapping. 7 • Organize regular mentoring sessions for multi-sectoral service providers (Health, case management and psychosocial support, safety/police, and legal service providers) on GBV guiding principles. • MoA Social safeguard Specialist to work with Ministry of gender, Ministry of Health, GBV networks and other Multi-sectoral service providers to develop GBV referral pathways. • Publicly post or otherwise disseminate messages prohibiting SEA/SH at project intervention sites, whether the project workers are perpetrators or survivors. • This can include the development, adaptation, translation and dissemination of communication materials (through local and community radio, posters, banners, at community forums etc.) outlining unacceptable behavior on SEA/H and where relevant referencing existing staff rules for civil servants, NGOs, and other actors in the project activities that may already be in place. Key messages should be disseminated focusing on i) No sexual or other favor can be requested; ii) Project staff are prohibited from engaging in sexual exploitation and abuse; iii) Any case or suspicion of sexual exploitation and abuse can be reported to the relevant authorities and; iv) the importance of timely services/services available. • Project staff will sign Codes of Conduct (CoC); o CoC can be mentioned in routine project protocol briefings o Include session on SEA/SH awareness training, in the training and capacity building of the project team. The focus will be on sharing key messages (as above) with project staff including contractors and their staff 1 The implementing entity should focus on establishing referral pathway and training/orienting service providers/key stakeholders at least on the guiding principles. 3.2. SEA/SH Prevention and Response Plan • Establish GBV sensitive channels for reporting in the project Grievance Redress Mechanism (GRM) • Clearly define the GBV requirements and expectations in the bid documents and the necessary actions in the CoCs. See annex 2. • The project relevant sites will ensure that separate on the site toilet and hygiene facilities are available and functional for men and women working, including inside-locking doors and appropriate lighting. • Coordinate with school communities and organize activities/disseminate information on SEA targeting adolescent girls • Operationalization of this SEA/SH Prevention and Response Plan: Project Annual Work Plan and Budget. • The MoA CPCU will ensure the commitments and planned activities in this SEA/SH Prevention and Response Plan are operationalized through the project's annual work plan and budget. The CPCU must include environmental and social activities in this SEA/SH Prevention and Response Plan with the estimated budget in the annual work plan and budget. 8 3.3. Detailed Action Plan for the Program 1. Create awareness on GBV in IA and contractors and the mechanisms that will be implemented Action to Address GBV Timeline Responsible Body Budget Monitoring Remarks Risks a MOA Social safeguard At the beginning MOA, & Regional NA Follow up for its Specialist to support the of the project functionality Agriculture Bureau implementation of the implementation SEA/SH prevention and response Action Plan including the development of SEA/SH awareness materials, and the development of referral pathways Update Social safeguard Specialist Staffs’ ToR/Job Description to include GBV responsibilities Identify GBV focal points at the Regional level for the MoA b Develop Training At the start of the MoA To be managed Training & Training Materials/key messages, project period within existing communication materials Should budgets Materials include at least in line with WB GBV Good developed, the following Practice Note (GNP) topics as recommendations, for project Strategies recommended in workers sensitization, developed the GPN: community awareness and for sensitization targeting Definition of MOA management and GBV, SEA and Contractor management SH, and how the project can Develop exacerbate/ training/communication contain GBV 9 1. Create awareness on GBV in IA and contractors and the mechanisms that will be implemented Action to Address GBV Timeline Responsible Body Budget Monitoring Remarks Risks materials and translate to Roles and respective local languages responsibilities of project Print communication stakeholders. materials Project staff Develop communication and Code of Conduct dissemination strategy (CoC) Case reporting mechanism, accountability structures, c Awareness briefings carried During MoA To be managed Reports on MOA to provide out for PIU both male and preparation and briefings technical support within existing female, Regional MoA implementation representative, and budgets community level project stakeholders 2. GBV Risks adequately addressed in safeguards instruments a Develop a SEA/SH During the MOA CPCU Part of regular Ongoing review WB and other prevention and response Project staff activities during relevant actors to Action Plan including an preparation and implementation provide technical Accountability and Response implementation support missions. support framework to be included in Update project ESMP, including site- ESMP if the risk specific ESMPs situation changes. b Include in the project’s social During MOA CPCU (assigned Follow-up for Ongoing review assessment the underlying preparation for social assessment and its functionality during GBV risks and social ESMP) implementation situation, using the GBV risk support missions. assessment tool Update project ESMP and Contractor’s 10 1. Create awareness on GBV in IA and contractors and the mechanisms that will be implemented Action to Address GBV Timeline Responsible Body Budget Monitoring Remarks Risks ESMP (C-ESMP) if risk situation changes. 3. Stakeholder consultations to inform those affected by the project of GBV risks a Consultations need to be Every quarter for Ministry of Agriculture- Part of regular Monitoring of To be planned continuous throughout the entire life of the CPCU implementation and plan activities project cycle project submitted by Of Stakeholder MOA CPCU as Engagement Plan. part of the GBV Ongoing Action plan consultations, particularly when C-ESMP is updated. b Engage a variety of Consultations MOA-CPCU Part of regular Monitoring of stakeholders (political, need to be done Implementation of activities cultural or religious leaders, on quarterly Stakeholder health teams, local councils, basis Engagement Plan. social workers, women’s Ongoing organizations, NGOs and consultations, groups working with particularly when Children and girls) C-ESMP is updated. c Establish GBV response Throughout Ministry of Agriculture- Part of regular Monitoring of mechanism for workers and CPCU Project activities implementation of communities Implementation Stakeholder Engagement Plan. 11 1. Create awareness on GBV in IA and contractors and the mechanisms that will be implemented Action to Address GBV Timeline Responsible Body Budget Monitoring Remarks Risks d Conduct Throughout the MoA Part of regular Information As the project is awareness/disseminate key project activity implemented dissemination SEA/SH messages targeting near schools and implementation school communities session report adolescent girls (adolescent girls and women) could be exposed to SEA by project staff/labour influx 4. Map out GBV prevention and response service providers a Map out GBV prevention and During MOA, GBV focal point, To be covered Update mapping as WB to provide response actors in project preparation and women and Children by MOA appropriate technical support influence areas and beyond. Affairs offices as appropriate and Implementation b Organize periodic During Project MoA Social safeguard Monitoring session induction/mentoring sessions implementation Specialist and regional reports for multi-sectoral GBV (quarterly or service providers on GBV every 6 months) GBV focal points guiding principles c Support development of During MoA Social safeguard MoA Review and update GBV referral pathways implementation Referral pathways Specialist, Regional as needed GBV focal points and At regional level Ministry of gender d Disseminate information, in During MoA & GBV service Key GBV collaboration with GBV implementation providers messages to be partners, on GBV referral integrated 12 1. Create awareness on GBV in IA and contractors and the mechanisms that will be implemented Action to Address GBV Timeline Responsible Body Budget Monitoring Remarks Risks pathway and the importance in GBV service of timely seeking services providers existing outreach strategies (e.g., health extension workers) e Review the IA’s capacity to During MoA Part of regular Ongoing review prevent and respond to GBV Preparation and activities during as part of Safeguard Implementation. implementation Preparation. support missions. Update project ESMP if the risk situation changes. 5. GBV sensitive channels for reporting in the Grievance Redress Mechanism (GRM) a Make certain the availability Ongoing after Ministry of Agriculture- Financed by the Regular MOA-CPCU of an effective grievance amending CPCU Project’s monitoring and and other actors redress mechanism with budget review regularly contract with reporting on GRM multiple channels to initiate a GRM functions GBV Service to verify it is complaint at MOA, regional Provider working as levels. intended and Establish SEA/SH evaluate its quality allegations reporting by MOA and WB channels Recommend including a GBV hotline (as appropriate) Conduct training of SEA/SH focal points 13 1. Create awareness on GBV in IA and contractors and the mechanisms that will be implemented Action to Address GBV Timeline Responsible Body Budget Monitoring Remarks Risks b Verify working GRM for During MoA Part of regular Ongoing reporting GBV is in place and work preparation of the activities with GBV Services Providers project to raise awareness of the GRM and refer project- related cases to GRM as per survivors wishes and consent c Review that the GRM During project MoA NA Ongoing reporting. receives and processes implementation Monitoring of complaints in a timely complaints and manner referring to an their resolution established mechanism to review and address GBV complaints. 6. Code of Conduct a Project team to organize Once a month if GBV Specialist in GBV To be included Training reports MOA -CPCU induction sessions for Service Provider in contract ensure budget there are new workers on a regular basis allocation hires (within a month of any new hire) Review existing code of conduct to establish coverage of SEA/SH Factor key SEA/SH messages in the orientation training session for the Project team and collaborators. Raise awareness routinely on SEA/SH prohibitions and related messages (toolbox 14 1. Create awareness on GBV in IA and contractors and the mechanisms that will be implemented Action to Address GBV Timeline Responsible Body Budget Monitoring Remarks Risks sessions/weekly/daily project staff briefing). b Evaluate the contractor’s During MoA NA Reviewed by SC GBV response proposal in procurement time /safeguard team the C-ESMP and confirm prior to finalizing the contract the contractor’s ability to meet the project’s GBV requirements. c Contractor to present CoC For all employees Contractors NA Signed CoCs MOA review and ensure that all workers CoCs to ensure and managers sign the CoC. minimum CoC must meet WB standards (WB to minimum standards share sample CoC contextualization to this project) 7. Separate toilet and shower facilities for men and women a Site inspection to verify the Prior to works Ministry of Agriculture Regional Site visit reporting, existence commencing. (MOA) officer and reviews during safeguard team Implementation support missions. b Contractor to ensure separate Prior to works Contractor/Supervision Part of regular Subsequent site shower and toilet facilities commencing. visit report, Consultant or Safeguard Operational are available. Team. budget for Reviews during contractor Implementation support missions. 15 4. Annex 4.1. Annex 1: List of Social Workers Per Region With Their Contacts Department of Social Welfare No. NAME INSTITUTION REGION CONTACT 1. Harriet Bass DSW (Department of Greater Banjul and 9331273 Social Welfare) KM (Kanifing Municipality – Region One 2. Haruna Badjie DSW (Department of West Coast Region – 3756247 Social Welfare) Region Two 3. Alasana Sanneh DSW (Department of North Bank – Region 7814900 Social Welfare) Three 4. Hamadi Jobe DSW (Department of Lower River _ Region 3988940 Social Welfare) Four 5. Ebrima Jassey DSW (Department of Central River – 3410364 Social Welfare) Region Five 6. Kebba Jatta DSW (Department of Upper River – Region 7777061 Social Welfare) Six LIST OF POLICE COMMISSIONERS IN VARIOUS REGIONS WITH THEIR CONTACTS Nº Name Institution Region Contact 1. Commissioner of Police Police Medic Banjul – Region 3912113/991211 Alhagi Kinteh One 3 2. Commissioner of Police Banjul Banjul – Region 9988168 Lala Camara Headquarter One 3. Commissioner of Police PIU (Police KM (Kanifing 2508276/996303 Adlime Basangeh Intervention Municipality – 2 Unit) Region One) 4. Commissioner of Police Kairaba Station KM (Kanifing 3950922 Amadou Sabally Municipality – Region One 16 Nº Name Institution Region Contact 5. Commissioner of Police Brikama WCR (West Coast 9966077/214523 Famara Jallow Region) Region 1 Two 6. Commissioner of Police Kerewan NBR (North Bank 7763006 Mamadou Sowe Region) 7. Commissioner of Police Bansang CRR (Central 7778474/997600 Ma Lamin Sankareh River Region) 6 Region Five 8. Commissioner of Police Basse URR (Upper River 7797375/996111 Omar Darboe Region) Region Six 3 9. Commissioner of Police Mansakonko LRR (Lower River 7280920/340000 Kemetta Sambou Region) Region 2 Four NB: For Police Headquarter in Banjul, the Gender and child welfare officers are under the purview of the Assistant Inspector General of Police (AIG) Demba Sowe. Tel: 7763010. LIST OF POLICE GENDER AND CHILD WELFARE OFFICERS IN ALL REGIONS WITH THEIR CONTACTS. No. NAME INSTITUTION REGION CONTACT 1. Jainaba Police Central River 3948755 Bojang Region/Bansang 2. Adama Police CRR/ Janjangburay 3970305 Sanneh 3. Awa Jallow Police CRR/Jareng 7511616 4. Sarjo Barry Police CRR/Kuntaur 3970205 5. Kawsu Fatty Police CRR/ Brikamaba 3970275/3188520 6. Awa Ceesay Police West Coast Region/New 3949282 (Station Yundum Officer) 7. ASP Fatou Police West Coast Region/ 3433326 Mboge Yundum – Region Two 8. Foday Ceesay Police WCR/Brikama – Region 3950074 ( Inspector) Two 17 No. NAME INSTITUTION REGION CONTACT 9. Fatou Njie ( Police WCR/ Brusubi – Region 3908032 Chief Two Inspector) 10. Bajen Samba ( Police WCR/Brikama Misira, 3511058 Chief Kabafita Station – Inspector) Region Two 10. Ya Awa Njie Police WCR/ Brikama Jidah – 3949289 Region Two No. NAME INSTITUTION REGION CONTACT 11. Sergeant Police WCR/ Sukuta Station – 3949896 Mariama Region Two Jarjou 12. Sergeant Mai Police WCR/Farato – Region 3950302 Bah Two 13. Adama Colley Police WCR/ Mandinaba – 3971983 Region Two 14. Corporal Police WCR/Tujereng – Region 7230255 Kawsu Two Ceesay 15. Corporal Police WCR/Old Yundum – 3972342 Mariama Region Two Darboe 16. Sub Inspector police WCR/ Mandinari – 3961271 Nyima Region Two Jammeh 17. SG Dembo Police WCR/Sibanor – Region 3137754 Manneh Two 18. Corporal Police WCR/ Latriya – Region 7748387 Aminata Two Daffeh 19. Corporal Police WCR/ Kalagi – Region 3971984 Mariama Two Sambou 18 No. NAME INSTITUTION REGION CONTACT 20. First Class police WCR/ Sanyang Station – 7841065 Lamin Region Two Jammeh 21. Corporal Police WCR/Wellingara – 3997252 Mam Fatou Region Two Saidy 22. Corporal Ida Police WCR/ Kunkujang – 3972477 Sarr Region Two No. NAME INSTITUTION REGION CONTACT 23. Inspector Police WCR/ Salandinto – 3948532 Manyima Region Two Bojang 24. Fatou ceesay Police URR / Basse - Upper 7999061 Region – Region Six 25. Matarr Police URR/Basse - Upper 2386189 Saidykhan Region – Region Six 26. Marie Police NBR/Farafenni – Region 7079924/2024764 Jain/Haddy Three – Region Three Bah 27. Mariama Police NBR/ Barra – Region 3970641 Drammeh Three 28. Bakoto Secka Police NBR/Barra – Region 3146219 Three 29. Assistanct Police Police Headquarters – 3969299 Commissioner Headquarter Banjul – Region One Ramou Banjul Sambou (OC) 30. DSP Jainaba Serrekunda KM (Kanifing 3950167 Bahoum Station Municipality – Region One 19 4.2. Code of Conduct background The purpose of these Codes of Conduct and Action Plan for Implementing ESHS and OHS Standards, and Preventing Gender Based Violence (GBV) and Violence Against Children (VAC) is to introduce a set of key definitions, core Codes of Conduct, and guidelines that: i. Clearly define obligations on all project staff (including sub-contractors and day workers) with regard to implementing the project’s environmental, social, health and safety (ESHS) and occupational health and safety (OHS) requirements, and; ii. Help prevent, report and address GBV and VAC within the work site and in its immediate surrounding communities. The application of these Codes of Conduct will help ensure the project meets its ESHS and OHS objectives, as well as preventing and/or mitigating the risks of GBV and VAC on the project and in the local communities. These Codes of Conduct are to be adopted by those working on the project and are meant to: i. create awareness of the ESHS and OHS expectations on the project; ii. create common awareness about GBV and VAC and: (a) Ensure a shared understanding that they have no place in the project; and, (b) Create a clear system for identifying, responding to, and sanctioning GBV and VAC incidents. Ensuring that all project staff understand the values of the project, understand expectations for all employees, and acknowledge the consequences for violations of these values, will help to create smoother, more respectful and productive project implementation thereby helping ensure that the project’s objectives will be achieved. 4.2.1. Definitions The following definitions apply: Environmental, Social, Health and Safety (ESHS): an umbrella term covering issues related to the impact of the project on the environment, communities and workers. Occupational Health and Safety (OHS): Occupational health and safety is concerned with protecting the safety, health and welfare of people engaged in work or employment. The enjoyment of these standards at the highest levels is a basic human right that should be accessible by each worker. Gender-Based Violence (GBV): is an umbrella term for any harmful act that is perpetrated against a person’s will and that is based on socially ascribed (i.e. gender) differences between males and females. It includes acts that inflict physical, sexual or mental harm or suffering, threats of such acts, coercion, and other deprivations of liberty. These acts can occur in public or in private. The term GBV is used to underscore systemic inequality between males and females (which exists in every society in the world) and acts as a unifying and foundational characteristic of most forms of violence perpetrated against women and girls. The 1993 United Nations Declaration on the Elimination of Violence against Women defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women.� The six core types of GBV are: • Rape: non-consensual penetration (however slight) of the vagina, anus or mouth with a penis, other body part, or an object. • Sexual Assault: any form of non-consensual sexual contact that does not result in or include penetration. Examples include attempted rape, as well as unwanted kissing, fondling, or touching of genitalia and buttocks. 20 o Sexual Harassment: is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment is not always explicit or obvious, it can include implicit and subtle acts but always involves a power and gender dynamic in which a person in power uses their position to harass another based on their gender. Sexual conduct is unwelcome whenever the person subjected to it considers it unwelcome (e.g., looking somebody up and down; kissing, howling or smacking sounds; hanging around somebody; whistling and catcalls; in some instances, giving personal gifts). o Sexual Favors: is a form of sexual harassment and includes making promises of favorable treatment (e.g., promotion) or threats of unfavorable treatment (e.g., loss of job) dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior. • Physical Assault: an act of physical violence that is not sexual in nature. Examples include hitting, slapping, choking, cutting, shoving, burning, shooting or use of any weapons, acid attacks or any other act that results in pain, discomfort or injury. • Forced Marriage: the marriage of an individual against her or his will. • Denial of Resources, Opportunities or Services: denial of rightful access to economic resources/assets or livelihood opportunities, education, health or other social services (e.g., a widow prevented from receiving an inheritance, earnings forcibly taken by an intimate partner or family member, a woman prevented from using contraceptives, a girl prevented from attending school, etc.). • Psychological / Emotional Abuse: infliction of mental or emotional pain or injury. Examples include threats of physical or sexual violence, intimidation, humiliation, forced isolation, stalking, harassment, unwanted attention, remarks, gestures or written words of a sexual and/or menacing nature, destruction of cherished things, etc. Violence Against Children (VAC): is defined as physical, sexual, emotional and/or psychological harm, neglect or negligent treatment of minor children (i.e., under the age of 18), including exposure to such harm, that results in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power. This includes using children for profit, labor , sexual gratification, or some other personal or financial advantage. This also includes other activities such as using computers, mobile phones, video and digital cameras or any other medium to exploit or harass children or to access child pornography. Grooming: are behaviors that make it easier for a perpetrator to procure a child for sexual activity. For example, an offender might build a relationship of trust with the child, and then seek to sexualize that relationship (for example by encouraging romantic feelings or exposing the child to sexual concepts through pornography). Seduction of Children /Online Grooming: By the use of deception, coercion, debt bondage or any means whatsoever, induce a child to go from one place to another to do any act with intent that the child may be, or knowing that it is likely that he or she will be, forced or seduced to have sexual intercourse with another person . Accountability Measures: are the measures put in place to ensure the confidentiality of survivors and to hold contractors, consultants and the client responsible for instituting a fair system of addressing cases of GBV and VAC. Contractors Environmental and Social Management Plan (CESMP): the plan prepared by the contractor outlining how they will implement the works activities in accordance with the project’s environmental and social management plan (ESMP). Child: is used interchangeably with the term ‘minor’ and refers to a person under the age of 18. This is in accordance with Article 1 of the United Nations Convention on the Rights of the Child. 21 Child Protection (CP): is an activity or initiative designed to protect children from any form of harm, particularly arising from VAC. Consent: is the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained using threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even if national legislation of the country into which the Code of Conduct is introduced has a lower age Mistaken belief regarding the age of the child and consent from the child is not a defense. Consultant: is as any firm, company, organization or other institution that has been awarded a contract to provide consulting services to the project and has hired managers and/or employees to conduct this work. Contractor: is any firm, company, organization or other institution that has been awarded a contract to conduct infrastructure development works for the project and has hired managers and/or employees to conduct this work. This also includes sub-contractors hired to undertake activities on behalf of the contractor. Employee: is any individual offering labor to the contractor or consultant within country on or off the work site, under a formal or informal employment contract or arrangement, typically, but not necessarily (e.g., including unpaid interns and volunteers), in exchange for a salary, with no responsibility to manage or supervise other employees. GBV and VAC Allegation Procedure: is the prescribed procedure to be followed when reporting incidents of GBV or VAC. GBV and VAC Codes of Conduct: The Codes of Conduct adopted for the project covering the commitment of the company, and the responsibilities of managers and individuals with regards to GBV and VAC. GBV and VAC Compliance Team (GCCT): a team established by the project to address GBV and VAC issues. Grievance Redress Mechanism (GRM): is the process established by a project to receive and address complaints. Manager: is any individual offering labor to the contractor or consultant, on or off the work site, under a formal or informal employment contract and in exchange for a salary, with responsibility to control or direct the activities of a contractor’s or consultant’s team, unit, division or similar, and to supervise and manage a pre-defined number of employees. Perpetrator: the person(s) who commit(s) or threaten(s) to commit an act or acts of GBV or VAC. Response Protocol: is the mechanisms set in place to respond to cases of GBV and VAC (see Section 4.7 Response Protocol). Survivor/Survivors: the person(s) adversely affected by GBV or VAC. Women, men and children can be survivors of GBV; children can be survivors of VAC. Work Site: is the area in which infrastructure development works are being conducted, as part of the project. Consulting assignments are considered to have the areas in which they are active as their work sites. Work Site Surroundings: is the ‘Project Area of Influence’ which are any area, urban or rural, directly affected by the project, including all human settlements found on it. 4.2.2. Company Code of Conduct Implementing ESHS and OHS Standards 22 Preventing Gender Based Violence and Violence against Children The company is committed to ensuring that the project is implemented in such a way which minimizes any negative impacts on the local environment, communities, and its workers. This will be done by respecting the environmental, social, health and safety (ESHS) standards, and ensuring appropriate occupational health and safety (OHS) standards are met. The company is also committed to creating and maintaining an environment in which gender based violence (GBV) and violence against children (VAC) have no place, and where they will not be tolerated by any employee, sub-contractors, supplier, associate, or representative of the company. Therefore, to ensure that all those engaged in the project are aware of this commitment, the company commits to the following core principles and minimum standards of behavior that will apply to all company employees, associates, and representatives, including sub-contractors and suppliers, without exception: General • The company—and therefore all employees, associates, representatives, sub-contractors and suppliers— commits to complying with all relevant national laws, rules and regulations. • The company commits to full implementing its ‘Contractors Environmental and Social Management Plan’ (CESMP). • The company commits to treating women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Acts of GBV and VAC are in violation of this commitment. • The company shall ensure that interactions with local community members are done with respect and non-discrimination. • Demeaning, threatening, harassing, abusive, culturally inappropriate, or sexually provocative language and behavior are prohibited among all company employees, associates, and its representatives, including sub- contractors and suppliers. • The company will follow all reasonable work instructions (including regarding environmental and social norms). • The company will protect and ensure proper use of property (for example, to prohibit theft, carelessness or waste). Health and Safety •The company will ensure that the project’s occupational health and safety (OHS) Management Plan is effectively implemented by company staff, as well as sub-contractors and suppliers. • The company will ensure that all persons on-site wear prescribed and appropriate personal protective equipment, preventing avoidable accidents and reporting conditions or practices that pose a safety hazard or threaten the environment. The company will: • Prohibit the use of alcohol during work activities. • Prohibit the use of narcotics or other substances which can impair faculties at all times. • The company will ensure that adequate sanitation facilities are available on site and at any worker accommodations provided to those working on the project. • Gender Based Violence and Violence against Children 23 • Acts of GBV or VAC constitute gross misconduct and are therefore grounds for sanctions, which may include penalties and/or termination of employment, and if appropriate referral to the Police for further action. • All forms of GBV and VAC, including grooming are unacceptable, regardless of whether they take place on the work site, the work site surroundings, at worker’s camps or within the local community. • Sexual Harassment—for instance, making unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, of a sexual nature, including subtle acts of such behavior, is prohibited. • Sexual favors —for instance, making promises or favorable treatment dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior are prohibited. • Sexual contact or activity with children under 18—including through digital media—is prohibited. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. • Unless there is full consent by all parties involved in the sexual act, sexual interactions between the company’s employees (at any level) and members of the communities surrounding the workplace are prohibited. This includes relationships involving the withholding/promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activity is considered “non-consensual� within the scope of this Code. • In addition to company sanctions, legal prosecution of those who commit acts of GBV, or VAC will be pursued if appropriate. • All employees, including volunteers and sub-contractors are highly encouraged to report suspected or actual acts of GBV and/or VAC by a fellow worker, whether in the same company or not. Reports must be made in accordance with project’s GBV and VAC Allegation Procedures. • Managers are required to report and act to address suspected or actual acts of GBV and/or VAC as they have a responsibility to uphold company commitments and hold their direct reports responsible. Implementation To ensure that the above principles are implemented effectively the company commits to ensuring that: • All managers sign the project’s ‘Manager’s Code of Conduct’ detailing their responsibilities for implementing the company’s commitments and enforcing the responsibilities in the ‘Individual Code of Conduct’. • All employees sign the project’s ‘Individual Code of Conduct’ confirming their agreement to comply with ESHS and OHS standards, and not to engage in activities resulting in GBV or VAC. • Displaying the Company and Individual Codes of Conduct prominently and in clear view at workers’ camps, offices, and in in public areas of the workspace. Examples of areas include waiting, rest and lobby areas of sites, canteen areas and health clinics. • Ensure that posted and distributed copies of the Company and Individual Codes of Conduct are translated into the appropriate language of use in the work site areas as well as for any international staff in their native language. • An appropriate person is nominated as the company’s ‘Focal Point’ for addressing GBV and VAC issues, including representing the company on the GBV and VAC Compliance Team (GCCT) which is comprised of representatives from the client, contractor(s), the supervision consultant, and local service provider(s). • Ensuring that an effective GBV and VAC Action Plan is developed in consultation with the GCCT which includes as a minimum: 24 o GBV and VAC Allegation Procedure to report GBV and VAC issues through the project Grievance Redress Mechanism (Section 4.3 Action Plan); o Accountability Measures to protect confidentiality of all involved (Section 4.4 Action Plan); and, o Response Protocol applicable to GBV and VAC survivors and perpetrators (Section 4.7 Action Plan). • That the company effectively implements the agreed final GBV and VAC Action Plan, providing feedback to the GCCT for improvements and updates as appropriate. • All employees attend an induction training course prior to commencing work on site to ensure they are familiar with the company’s commitments to ESHS and OHS standards, and the project’s GBV and VAC Codes of Conduct. • All employees attend a mandatory training course once a month for the duration of the contract starting from the first induction training prior to commencement of work to reinforce the understanding of the project’s ESHS and OHS standards and the GBV and VAC Code of Conduct. • I do hereby acknowledge that I have read the foregoing Company Code of Conduct, and on behalf of the company agree to comply with the standards contained therein. I understand my role and responsibilities to support the project’s OHS and ESHS standards, and to prevent and respond to GBV and VAC. I understand that any action inconsistent with this Company Code of Conduct or failure to act mandated by this Company Code of Conduct may result in disciplinary action. Company name: _________________________ Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ 4.2.3. Manager’s Code of Conduct Implementing ESHS and OHS Standards Preventing Gender Based Violence and Violence against Children Managers at all levels have a responsibility to uphold the company’s commitment to implementing the ESHS and OHS standards, and preventing and addressing GBV and VAC. This means that managers have an acute responsibility to create and maintain an environment that respects these standards and prevents GBV, and VAC. Managers need to support and promote the implementation of the Company Code of Conduct. To that end, managers must adhere to this Manager’s Code of Conduct and sign the Individual Code of Conduct. This commits them to supporting the implementation of the CESMP and the OHS Management Plan and developing systems that facilitate the implementation of the GBV and VAC Action Plan. They need to maintain a safe workplace, as well as a GBV-free and VAC-free environment at the workplace and in the local community. These responsibilities include but are not limited to: Implementation • To ensure maximum effectiveness of the Company and Individual Codes of Conduct: i. Prominently displaying the Company and Individual Codes of Conduct in clear view at workers’ camps, offices, and in public areas of the workspace. Examples of areas include waiting, rest and lobby areas of sites, canteen areas and health clinics. 25 ii. Ensuring all posted and distributed copies of the Company and Individual Codes of Conduct are translated into the appropriate language of use in the work site areas as well as for any international staff in their native language. • Verbally and in writing explain the Company and Individual Codes of Conduct to all staff. • Ensure that: i. All direct reports sign the ‘Individual Code of Conduct’, including acknowledgment that they have read and agree with the Code of Conduct. ii. Staff lists and signed copies of the Individual Code of Conduct are provided to the OHS Manager, the GCCT, and the client. iii. Participate in training and ensure that staff also participate as outlined below. iv. Put in place a mechanism for staff to: ▪ report concerns on ESHS or OHS compliance; and, ▪ confidentially report GBV or VAC incidents through the Grievance Mechanism (GM) v. Staff are encouraged to report suspected or actual ESHS, OHS, GBV or VAC issues, emphasizing the staff’s responsibility to the Company and the country hosting their employment, and emphasizing the respect for confidentiality. • In compliance with applicable laws and to the best of your abilities, prevent perpetrators of sexual exploitation and abuse from being hired, re-hired or deployed. Use background and criminal reference checks for all employees. • Ensure that when engaging in partnership, sub-contractor, supplier or similar agreements, these agreements: i. Incorporate the ESHS, OHS, GBV and VAC Codes of Conduct as an attachment. ii. Include the appropriate language requiring such contracting entities and individuals, and their employees and volunteers, to comply with the Individual Codes of Conduct. iii. Expressly state that the failure of those entities or individuals, as appropriate, to ensure compliance with the ESHS and OHS standards, take preventive measures against GBV and VAC, to investigate allegations thereof, or to take corrective actions when GBV or VAC has occurred, shall not only constitute grounds for sanctions and penalties in accordance with the Individual Codes of Conduct but also termination of agreements to work on or supply the project. • Provide support and resources to the GCCT to create and disseminate internal sensitization initiatives through the awareness-raising strategy under the GBV and VAC Action Plan. • Ensure that any GBV or VAC issue warranting Police action is reported to the Police, the client and the World Bank immediately. • Report and act according to the response protocol (Section 4.7 Response Protocol) any suspected or actual acts of GBV and/or VAC as managers have a responsibility to uphold company commitments and hold their direct reports responsible. • Ensure that any major ESHS or OHS incidents are reported to the client and the supervision engineer immediately. Training • The managers are responsible to: i. Ensure that the OHS Management Plan is implemented, with suitable training required for all staff, including sub-contractors and suppliers; and, ii. Ensure that staff have a suitable understanding of the CESMP and are trained as appropriate to implement the CESMP requirements. 26 •All managers are required to attend an induction manager training course prior to commencing work on site to ensure that they are familiar with their roles and responsibilities in upholding the GBV and VAC elements of these Codes of Conduct. This training will be separate from the induction training course required of all employees and will provide managers with the necessary understanding and technical support needed to begin to develop the GBV and VAC Action Plan for addressing GBV and VAC issues. • Managers are required to attend and assist with the project facilitated monthly training courses for all employees. Managers will be required to introduce the trainings and announce the self-evaluations, including collecting satisfaction surveys to evaluate training experiences and provide advice on improving the effectiveness of training. • Ensure that time is provided during work hours and that staff prior to commencing work on site attend the mandatory project facilitated induction training on: iii. OHS and ESHS; and, i. GBV and VAC required of all employees. • During civil works, ensure that staff attend ongoing OHS and ESHS training, as well as the monthly mandatory refresher training course required of all employees to combat increased risk of GBV and VAC. Response • Managers will be required to take appropriate actions to address any ESHS or OHS incidents. • With regard to GBV and VAC: i. Provide input to the GBV and VAC Allegation Procedures (Section 4.2 Action Plan) and Response Protocol (Section 4.7 Action Plan) developed by the GCCT as part of the final cleared GBV and VAC Action Plan. ii. Once adopted by the Company, managers will uphold the Accountability Measures (Section 4.4 Action Plan) set forth in the GBV and VAC Action Plan to maintain the confidentiality of all employees who report or (allegedly) perpetrate incidences of GBV and VAC (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law). iii. If a manager develops concerns or suspicions regarding any form of GBV or VAC by one of his/her direct reports, or by an employee working for another contractor on the same work site, s/he is required to report the case using the GRM. iv. iv. Once a sanction has been determined, the relevant manager(s) is/are expected to be personally responsible for ensuring that the measure is effectively enforced, within a maximum timeframe of 14 days from the date on which the decision to sanction was made v. If a Manager has a conflict of interest due to personal or familial relationships with the survivor and/or perpetrator, he/she must notify the respective company and the GCCT. The Company will be required to appoint another manager without a conflict of interest to respond to complaints. vi. Ensure that any GBV or VAC issue warranting Police action is reported to the Police, the client and the World Bank immediately • Managers failing address ESHS or OHS incidents or failing to report or comply with the GBV and VAC provisions may be subject to disciplinary measures, to be determined and enacted by the company’s CEO, Managing Director or equivalent highest-ranking manager. Those measures may include: i. Informal warning. ii. Formal warning. iii. Additional Training. iv. Loss of up to one week's salary. 27 v. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. vi. Termination of employment. • Ultimately, failure to effectively respond to ESHS, OHS, GBV and VAC cases on the work site by the company’s managers or CEO may provide grounds for legal actions by authorities. I do hereby acknowledge that I have read the foregoing Manager’s Code of Conduct, do agree to comply wit h the standards contained therein and understand my roles and responsibilities to prevent and respond to ESHS, OHS, GBV and VAC requirements. I understand that any action inconsistent with this Manager’s Code of Conduct or failure to act mandated by this Manager’s Code of Conduct may result in disciplinary action. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ 4.2.4. Individual Code of Conduct Implementing ESHS and OHS Standards Preventing Gender Based Violence and Violence against Children I, ______________________________, acknowledge that adhering to environmental, social health and safety (ESHS) standards, following the project’s occupational health and safety (OHS) requirements, and preventing gender based violence (GBV) and violence against children (VAC) is important. The company considers that failure to follow ESHS and OHS standards, or to partake in GBV or VAC activities—be it on the work site, the work site surroundings, at workers’ camps, or the surrounding communities—constitute acts of gross misconduct and are therefore grounds for sanctions, penalties or potential termination of employment. Prosecution by the Police of those who commit GBV, or VAC may be pursued if appropriate. I agree that while working on the project I will: • Attend and actively partake in training courses related to ESHS, OHS, HIV/AIDS, GBV and VAC as requested by my employer. • Will wear my personal protective equipment (PPE) at all times when at the work site or engaged in project related activities. • Take all practical steps to implement the contractor’s environmental and social management plan (CESMP). • Implement the OHS Management Plan. • Adhere to a zero-alcohol policy during work activities, and refrain from the use of narcotics or other substances which can impair faculties at all times. • Consent to Police background check. • Treat women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 28 • Not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. • Not engage in sexual harassment—for instance, making unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, of a sexual nature, including subtle acts of such behavior (e.g., looking somebody up and down; kissing, howling or smacking sounds; hanging around somebody; whistling and catcalls; giving personal gifts; making comments about somebody’s sex life; etc.). • Not engage in sexual favors—for instance, making promises or favorable treatment dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior. • Not participate in sexual contact or activity with children—including grooming or contact through digital media. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. • Unless there is the full consent by all parties involved, I will not have sexual interactions with members of the surrounding communities. This includes relationships involving the withholding or promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activity is considered “non-consensual� within the scope of this Code. • Consider reporting through the GRM or to my manager any suspected or actual GBV or VAC by a fellow worker, whether employed by my company or not, or any breaches of this Code of Conduct. • With regard to children under the age of 18: • Wherever possible, ensure that another adult is present when working in the proximity of children. • Not invite unaccompanied children unrelated to my family into my home unless they are at immediate risk of injury or in physical danger. • Not use any computers, mobile phones, video and digital cameras or any other medium to exploit or harass children or to access child pornography (see also “Use of children's images for work related purposes� below). • Refrain from physical punishment or discipline of children. • Refrain from hiring children for domestic or other labor below the minimum age of 14 unless national law specifies a higher age, or which places them at significant risk of injury. • Comply with all relevant local legislation, including labor laws in relation to child labor and World Bank’s safeguard policies on child labor and minimum age. • Take appropriate caution when photographing or filming children (See Annex 2 for details). • Use of children's images for work related purposes When photographing or filming a child for work related purposes, I must: • Before photographing or filming a child, assess and endeavor to comply with local traditions or restrictions for reproducing personal images. • Before photographing or filming a child, obtain informed consent from the child and a parent or guardian of the child. As part of this I must explain how the photograph or film will be used. • Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive. • Ensure images are honest representations of the context and the facts. • Ensure file labels do not reveal identifying information about a child when sending images electronically. 29 Sanctions I understand that if I breach this Individual Code of Conduct, my employer will take disciplinary action which could include: 1. Informal warning. 2. Formal warning. 3. Additional Training. 4. Loss of up to one week’s salary. 5. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. 6. Termination of employment. 7. Report to the Police if warranted. I understand that it is my responsibility to ensure that the environmental, social, health and safety standards are met. That I will adhere to the occupational health and safety management plan. That I will avoid actions or behaviors that could be construed as GBV or VAC. Any such actions will be a breach this Individual Code of Conduct. I do hereby acknowledge that I have read the foregoing Individual Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to ESHS, OHS, GBV and VAC issues. I understand that any action inconsistent with this Individual Code of Conduct or failure to act mandated by this Individual Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ 30