REPUBLIC OF IRAQ MINISTRY OF ENVIRONMENT (MOEN) Iraq – Integrated Persistent Organic Pollutants (PoPs) Management Project (P178935) LABOR MANAGEMENT PROCEDURES (LMP) NOVEMBER 2023 1 Table of Contents ABBREVIATIONS AND ACRONYMS ............................................................................................................... 4 1. INTRODUCTION .................................................................................................................................... 5 1.1. Project Background and Activities ................................................................................................ 5 1.2. LMP Rationale, Aim, and Objectives ........................................................................................... 11 2. OVERVIEW OF LABOR USE ON THE PROJECT ..................................................................................... 12 2.1. Number and Characteristics of Project Workers ......................................................................... 12 2.2. Timing of Labor Requirements .................................................................................................... 12 3. ASSESSMENT OF KEY POTENTIAL LABOR RISKS ................................................................................ 13 4. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS ............................................ 14 4.1. Wages .......................................................................................................................................... 15 4.2. Working Hours ............................................................................................................................ 15 4.3. Rest Breaks .................................................................................................................................. 16 4.4. Leaves.......................................................................................................................................... 16 4.5. Overtime Work ............................................................................................................................ 16 4.6. Labor Disputes ............................................................................................................................ 16 4.7. Discrimination and Non-equal Opportunities ............................................................................. 17 5. BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY.......................... 17 6. RESPONSIBLE STAFF ............................................................................................................................ 18 7. POLICIES AND PROCEDURES .............................................................................................................. 18 7.1. Occupational Health & Safety (OHS) ........................................................................................... 18 7.2. Terms and Conditions of Employment ........................................................................................ 20 7.2.1. Wages and Working Hours ................................................................................................. 20 7.2.2. Freedom of Association and Collective Bargaining ........................................................... 20 7.2.3. Equal Opportunity and Non-Discrimination ...................................................................... 20 7.2.4. Code of Conduct ................................................................................................................. 21 8. AGE OF EMPLOYMENT ....................................................................................................................... 21 9. TERMS AND CONDITIONS .................................................................................................................. 22 9.1.1. Maximum Number of Hours .............................................................................................. 22 9.1.2. Provisions on Termination.................................................................................................. 22 9.1.3. Injuries and Death .............................................................................................................. 22 10. MONITORING AND REPORTING REQUIREMENTS ......................................................................... 23 11. TRAINING AND CAPACITY BUILDING ............................................................................................. 23 2 12. GRIEVANCE MECHANISM (GM) ...................................................................................................... 24 13. CONTRACTOR MANAGEMENT ....................................................................................................... 27 14. COMMUNITY WORKERS ................................................................................................................. 27 15. PRIMARY SUPPLY WORKERS .......................................................................................................... 27 ANNEX 1: CODE OF CONDUCT.................................................................................................................... 27 3 ABBREVIATIONS AND ACRONYMS ESF Environmental and Social Framework ESS Environmental and Social Standard GEF Global Environment Facility LMP Labor Management Procedures M&E Monitoring and Evaluation MoA Ministry of Agriculture MoElec Ministry of Electricity MoEn Ministry of Environment NIP National Implementation Plan OHS Occupational Health and Safety OPs Obsolete Pesticides PCBs Polychlorinated Biphenyls PMU Project Management Unit POPs Persistent Organic Pollutants UNDP United Nations Development Program UNEP United Nations Environment Program UPOPs Unintentional Persistent Organic Pollutants WB World Bank 4 1. INTRODUCTION 1.1. Project Background and Activities The project responds to Iraq’s (i) national priorities of managing hazardous waste and chemicals, (ii) international commitments under Stockholm Convention on environmentally sound management of Polychlorinated Biphenyls (PCBs), Obsolete Pesticides (OPs) and Unintentional Persistent Organic Pollutants (UPOPs), and (iii) environmental challenges caused due to conflict pollution. Given the significant level of chemical contamination and large quantities of Persistent Organic Pollutants (POPs) in Iraq, the project through the grant from Global Environmental Facility (GEF) proposes to support the government in (i) updating the National Implementation Plan (NIP) covering all types of POPs, (ii) conducting comprehensive national inventory of OPs, PCBs, Industrial POPs (IPOPs) and UPOPs, (iii) containing, disposing and destroying selected high-risk stockpiles of POPs and (iv) building capacities of Ministry of Environment (MoEn), Ministry of Agriculture (MoA) and Ministry of Electricity (MoElec) to scale up the interventions beyond the project and across the country to minimize environment and health risks to local communities. Through these activities, the project aims to (i) safely dispose 1000 tons of obsolete pesticides including POPs and containers, and strengthen the lifecycle management of pesticides in Iraq, and (ii) safely manage and dispose 3000 tons of PCBs, PCB contaminated equipment, waste, and oil, and improve country-wide inventory of PCBs transformers and capacitors. In achieving these objectives, the project will be guided by the strategies outlined in: (i) Iraq’s NIP priorities as per the framework of Stockholm Convention, (ii) the overall objectives of the GEF, and (iii) the specific needs and features of Iraq to manage environmental risks caused by successive conflicts and deficiency in the management of hazardous chemicals over the years. In addition, the project will also guided by the overall objectives of the Strategic Approach to International Chemicals Management (SAICM), to ensure sound management of chemicals in Iraq and reduce adverse effects of pesticides on human health and environment. The project through additional grant funds from I3RF also proposes to (i) carry out detailed assessment of critical high-risk hotspots contaminated with hazardous chemicals including POPs pesticides and PCBs in the seven conflict affected governorates, (ii) build technical and analytical capacity of MoEn and (iii) strengthen policy and institutional framework for the management of contaminated sites. These activities will build on previous assessments of environmental hotspots in Iraq, including those conducted by UNEP and the World Bank, as well as insights from the work carried out by the MoEn. The objective here is to demonstrate management of hotspots and develop technical capacity of MoEn for the management of contaminated sites, covering aspects such as identification, assessment, risk assessment, remediation, and post-remediation monitoring. All these activities are proposed to be carried out through the following four components. Component 1: Updated inventory and strengthen framework for the management of POPs and hazardous chemicals (US$4.22 million GEF grant) This component will support review and updating the NIP, carrying out the inventory of PCBs, OPs, UOPS, IPOPs and developing an enabling framework for PoPs management through the following three sub- components. 5 Sub-component 1.1 Review and update of Iraq National Implementation Plan for POPs The sub-component will support the review and update of the current National Implementation Plan (NIP) of Iraq for POPs to comply with Article 7 under the Stockholm Convention, its endorsement and submission to Convention Secretariat. This will thus involve quantitative, and qualitative national inventories and assessments for new POPs, UPOPs, IPOPs, PCBs and updating current inventory of POPs pesticides, to enable development of comprehensive NIP for POPs. Building on the above inventories and assessments for OPs, PCBs, IPOPs and UPOPs and the current NIP, a comprehensive NIP (including Kurdistan) for POPs Management will be prepared, as the main output of this sub-component. This preparation and updating of NIP will involve (i) ranking actions based on the obligations set out under the Stockholm Convention, risks posed to human health and the environment in Iraq, (ii) identifying cost-effective action plans for the newly adopted POPs and (iii) revised action plans for the initial POPs listed under the Convention. The updated NIP will also consider emerging aspects such as circular economy approaches, green chemistry, extended producer responsibility green public procurement and economic incentives where feasible and appropriate. The NIP will also include an assessment of infrastructure and capacity needs of GoI for the management of all POPs, developing new and updating POPs inventories. Institutional mechanisms and the need for its strengthening for the implementation of the NIP will also be identified. While doing so, the existing national coordination mechanisms and capacities established during the development of current NIP. This includes the establishment of a federal co-ordination committee of members from Iraq and Kurdistan involving relevant ministries and stakeholders dealing with POPs management, such as experts from non- governmental organizations, academic and civil society involved in the chemicals' life cycle of the adopted POPs. This committee will provide guidance and recommendations to support decision-making processes and the effective implementation of policies and strategies related to hazardous chemicals and POPs. In addition, the committee will also ensure adoption of NIP updates, outcomes, and actions by the different stakeholders. Sub-component 1.2 Policy, regulatory and institutional strengthening for POPs management This sub-component will assess policy, institutional and regulatory gaps for the implementation of NIP and other requirements of implementing the Stockholm Convention. Based on this assessment, this sub- component will support development of (i) policies for the prevention and management, (ii) regulations and standards for ensuring compliance, (iii) monitoring systems for tracking the entire value chain of import, production, supply, usage, and disposal, (iv) protocols and guidelines for the storage, handling, maintenance, and usage, and (v) framework and guidelines for the risk-based remediation of sites contaminated by POPs and other hazardous chemicals. To the extent possible, this sub-component will also support the process of approval and implementation of the above activities, within the project life time. Building further on these activities and existing national coordinating mechanism, this sub-component swill also support MoEn in fulfilling its specific obligations under the Stockholm Convention. In addition, it is envisaged that economic sustainability and a sustainable administration of the project will be achieved through strengthening of the institutional structure for new POPs management and establishment of co- ordination mechanisms with other ministries, stakeholders (internal and external) and communities. Sub-component 1.3: Knowledge management and capacity building 6 This sub-component will support building the technical, analytical and infrastructure capacity of the Ministry of Environment and key stakeholders, Ministries of Agriculture and Electricity. In addition to building technical capacity, this component will provide specific customized comprehensive training in (i) conducting inventory of (ii) inspection, monitoring, handling, and management; (iii) monitoring and testing, (iv) management, treatment, disposal and destruction, (v) implementation and enforcement of policies and regulations formulated for the sustainable management of OPs, IPOPs, UPOPs, PCBs, and other hazardous chemicals. Given the constraints such as limited budgetary resources and the absence of national infrastructure, conducting all necessary sampling and analysis required for the project becomes challenging. To establish a more sustainable approach, this subcomponent will identify the need for building the laboratory capacity (technical and infrastructure) of MoEn, MoA and MoElec. This will involve supporting activities to (i) assess local analytical capacity and priority of pollutants to be measured based on their relevance in the country and build capacities of national laboratories and academic research laboratories to test for POPs parameters and (ii) provide needed laboratory equipment and infrastructure for POPs assessment, measurement, analysis, and prevention measures ensuring compliance to the commitments under Stockholm Convention and sustainable management of chemicals and hazardous substances. The sub-component also envisages enhancing the capacity of maintenance workshops operating under the jurisdiction of MoElec aimed at facilitating the testing of PCBs in both oil, soil samples and other matrices. This is proposed to be performed through (i) procurement of PCB/chloride analyzer system to efficiently detect and quantify the presence of PCBs and the acquisition of reagents and accessories, and (ii) training and capacity building for the maintenance workshops. The training programs will consider lessons learnt and challenges overcome by similar programs in other countries. The utility personnel in the power sector will receive training in the collection, handling, storage, and transport of PCB and wastes and will have their capacity built to operate according to agreed standards. All stages of the waste handling routines will be governed by international guidance and practices and monitored by an independent third party. Component 2: Management and disposal of priority stockpiles of POPs in Agriculture and Power Sector (US$7.90 million GEF Grant) Sub-component 2.1: Management and Disposal/ destruction of POPs OPs in the agriculture sector Building on the POPs pesticides inventory in component 1.1, this sub-component will identify priority sites, conduct detailed assessments, understand critical risks, prioritize sites based on the level of contamination and risks, develop necessary management and destruction/ disposal strategies for sites totaling up to 1000 tons of OPs. The current NIP of MoEnv prepared with the help of UNEP brought out significant contamination issues at many of the 18 pesticides warehouses in Iraq. Many of these warehouses based on limited sampling are suspected to have various Organochlorine (OC) and Organophosphate (OP) compounds such as Chlorophenylmercury, Lindane, Diazinon, Heptachlor, Fenitrothion, Malathion, Endosulfan, Dieldrin, DDT and its decay derivatives DDE, and Methoxychlor. In addition soil contamination resulting from pesticide seepage and spillage from contaminated soil, deteriorating conditions of containers (ripped and worn out), warehouse floors saturated with pesticides and contaminated soil, and significant quantities of OPs are 7 also expected. This highlights the critical environmental and safety concerns associated with these warehouses and the need for detailed assessments to establish the exact level of OP contamination, their destruction/ disposal and remediation of the site. Considering this, the exact nature and level of OPs contamination and risks at these sites will be assessed and prioritized through stakeholder consultations. For the identified priority sites necessary designs and plans will be developed for the (i) capture, segregation and containment of obsolete pesticide stockpiles and contaminated materials; (ii) undertake physical recovery, (ii) packaging and removal of the recovered stockpiles and contaminated material (iii) secure temporary storage to ensure prevention of further release of OPs and their general spread into the global environment. Wherever, destruction of contaminated material is identified as a priority due to risk to local communities and achieving GEF strategic objectives of maximizing volume of obsolete pesticides eliminated, this sub- component will support their disposal based on of Best Available Technologies (BAT)/ Best Environmental Practice (BEP) along with required environment management measures. The selection of destruction/ disposal technologies will rely on the recommendations of the feasibility study to be carried out under component 1.1 of the project. Wherever feasible disposal in country through co-incineration in cement kilns or development of appropriate facilities will be pursued or a combination of in-country and disposal at international facilities will be adopted. All these activities will be implemented through ‘Learning by Doing Approach’, so that the capacity of participating ministries (MoEn and MoA) is developed for identification, assessment, disposal/ destruction and management of OPs beyond the project implementation. Sub-component 2.2: Management and Disposal of PCBs The inventory of PCBs, their phase out plan and NIP developed in sub-component 1.1 will guide this sub- component in designing environmentally sound treatment/disposal of the equipment and dielectric fluids that will be generated from the contaminated equipment or treat such units so that level of contamination is reduced to below the low POPs limit specified under the Stockholm Convention (50 ppm). This will involve collection of PCBs (oils, equipment and waste), their transport, interim storage and management activities such as drainage, packaging, refilling, and decontamination/ destruction (or dichlorination). The objective is not just to dispose/ decontaminate PCBs but also to develop a national approach within the legal framework as well as costs (including recovery of potentially valuable materials) and time demands. Hence, the overall objectives of this sub-component would be to develop a harmonized national regulatory and administrative framework for PCBs and PCB wastes in compliance to the commitments under Stockholm and Basel conventions, technical and administrative capacity with GoI agencies to manage PCBs and destruction or decontamination of 3,000 tons of PCB-containing or PCB contaminated wastes. Considering the large volume of PCB contaminated equipment within the power sector, it would be crucial to consider various disposal scenarios both to maximize the impact of the quantity managed with project support and also for further elimination of PCBs by Iraq. Each of the disposal scenarios will be carefully evaluated during the project implementation with due to consideration to factors such as environmental impact, safety measures, and compliance with relevant regulations. The chosen approach will prioritize the protection of both human health and the environment. Learning from the successful experience of Egypt POPs Project (P116230/GEF ID 3905), the project will 8 explore the viability of (i) procuring mobile de-chlorination unit and hiring a vendor to perform de- contamination activities and also train GoI team. This will facilitate availability of infrastructure and technical capacity with GoI in carrying out PCB de-contamination activities beyond the project. Component 3: Support to the Management of Chemical Contamination and hotspots (US$4.76 million I3RF Grant) Considering the profile and nature of the chemical contamination, its linkages with the current project and further funding available from I3RF, this component proposes to build the capacity of MoEn in chemical contamination and management of such sites. In addition to complementing many activities of the project, this component will also support GoI meet its commitments related to hazardous chemicals under Basel and Rotterdam conventions, through the following three sub-components. This component will focus on the seven conflict affected governorates of Iraq and build on the inventory and preliminary assessment of environmental hotspots caried out by MoEn and WB during 2020-22. This assessment identified 76 sites spread over 1333 ha, to have been polluted with oil/ hydrocarbon and chemical contamination, directly affecting over 55, 000 people and over 1.7 million people indirectly. As recommended by this assessment, this component will support the the following priority activities organized under three sub-components. Sub-component 3.1 Assessment and preparation of remediation plan for priority contaminated sites This sub-component of the project proposes to carry out detailed assessment of 3 to 5 priority sites (depending on the cost of assessment, complexity of sites and cost-effectiveness of the remediation/ clean up) to develop complete information on nature and level of contamination/ pollution at the sites and risk it poses to communities. The candidate sites will be selected based on the inventory of contaminated sites developed and risk rating of the sites in the assessment referred above. The objective of these detailed assessments will be to assess the level of contamination/ pollution at the sites, risks these sites pose to the human health and environment and overall potential of the site to contribute to the economic development of the region. This will involve detailed site assessments (phase 2) and investigations, sampling surveys, assessment of environmental, health and economic impacts in the influence area and develop management and/or remediation plans based on risk based criteria and future use of the site. The remediation plan will be developed in close consultation with local communities and stakeholders and opportunities for private sector participation (if any) in implementing the remediation plans. This sub-component will be implemented by the technical team of MoEn, MoA, MoElec and MoO together with consultants, so that the government agencies build necessary technical skills in developing remediation plans. To strengthen synergies between components 1, 2 and 3 of the project, efforts will be made to prioritize hotspot sites contaminated with OPs or PCBs, so that detailed assessments can be carried out through sub-component 3.1, while management and/ or remediation activities can be carried out through component 2 of the project. The initial assessment of contaminated sites identified 11 sites (such as Diyala Electricals) that are likely to have been contaminated with OPs and PCBs. These sites will further be evaluated during implementation and priority sites will be selected in such a way that the activities of this component complement the activities of the other components of the project. Sub-component 3.2 Enabling actions for the development of National Program on Contaminated Sites Management 9 The environmental hotspots assessment work carried out by MoEn and WB, recommended development of National Program on Contaminated Sites Management (NPCSM). The assessment also identified actions critical for the implementation of NPCSM. This sub-component of the project, supports the implementation of these enabling actions involving (i) establishing a GIS based contaminated sites information system, (ii) formulation or strengthening GoI’s policy on contaminated sites management; (iii) support development of comprehensive regulations on chemicals (pollution/ contamination) management together with sub-component 1.3; (iv) development of framework/ guidelines for the identification, assessment, risk assessment, remediation and post remediation monitoring of chemical contaminated sites with inputs from components 1 and 2; (v) development of soil and groundwater screening and clean-up standards for chemical contamination; (vi) revision/ updating water quality standards with regard to hydrocarbons and hazardous chemicals; and (vii) facilitate development of NPCSM along with appropriate budgetary allocation/ resource mobilization. Activities of this sub- component will complement the policy and regulatory activities of sub-component 1.3 and will be closely coordinated, to ensure that a comprehensive policy and regulatory framework for chemicals and contaminated sites is established in Iraq. Sub-component 3.3 Strengthen institutional framework and capacities for NPCSM Building on the recommendations of the hotspots assessments work, this sub-component of the project will support MoEn in evaluating various institutional models and developing detailed institutional structure that help effective management of chemicals and contaminated sites management and establishment of NPCSM. In addition, specific training programs will also be developed and rolled out through this sub-component to various stakeholder agencies on chemical contamination to carry out site assessments, development of conceptual models, risk assessment, development of remediation plans and programs. Similar to other activities of this component, the training and capacity building activities will be designed to complement activities under sub-component 1.3 of the project. In addition, this sub-component will strengthen the laboratory capacity of MoEn, for carrying out site assessment and sampling and analysis of chemical contamination. This would include procurement of on- site monitoring equipment and laboratory equipment for analyzing soil, water, dust, and air samples. While actual number and type of equipment to be procured will be finalized in the implementation phase of the project, these will include field equipment such as photo ionization detectors, oil water interface meters, hazardous waste material sampling equipment, toxic gas detectors, hand held Energy Dispersive X-ray Fluorescence (ED-XRF) and GPS devises, and laboratory equipment such as Gas Chromatography- Mass Spectrometry (GC-MS), Inductively Coupled Plasma (ICP), HPLC, TCLP equipment and laboratory ED- XRF, etc. In addition, this sub-component will support in enhancing laboratory capabilities to meet the necessary calibration requirements and accreditation. The assistance aims to extend to helping the laboratory establish maintenance protocols and ensure their operations continue to meet these standards even beyond the project. Component 4: Project Management and Project Monitoring and Evaluation (US$ 0.545 million including US$0.425 million GEF Grant and US$0.120 million I3RF Grant) Sub-component 4.1 Project Management (US$0.445 GEF Grant and US$0.12 million I3RF Grant) This sub-component will support the establishment and operation of a Project Management Unit (PMU) at the Ministry of Environment. The PMU will be responsible for overall management, procurement, financial and environmental and social management functions to be carried out and will provide needed 10 operating costs associated with day-to-day project management and implementation. To support this, the PMU will be staffed with a project manager, procurement officer, financial officer, and environmental and social specialists The PMU will also coordinate with other stakeholder ministries such as MoA and MoElec in implementing the project activities. Given the complexity of the project and capacity constraints, MoEn will hire UNDP as project management agency to who will provide the necessary technical and management support in delivering the project activities. sub-component 4.2 Project Monitoring and Evaluation (US$0.1 million GEF Grant) This sub-component will also support preparation and implementation of monitoring and evaluation activities of the project by collecting evidence-based information and data, and reporting to the World Bank and the GEF, as well as a mid-term and technical evaluations in compliance to the World Bank and GEF guidelines. As per the GEF Environmental Policy (2019), the updates on GEF Evaluation Policy include among others introducing the principle that evaluation should apply a gender-inclusive approach, as well as introducing a requirement to collect (i) socio-economic co-benefits data, (ii) sex and gender disaggregated data, and (iii) geographic coordinates of project sites, as available. The GEF requirements for designing a M&E plan for Components 1&2 will be adopted using SMART indicators for results and implementation linked to the GEF results frameworks and including (1) the applicable GEF indicators on global environmental benefits identified at each replenishment cycle, (2) the socio-economic co-benefits and sex-disaggregated and gender-sensitive indicators (where relevant), (3) project site geographic coordinates. Whereas for Component 3 funded by I3RF, the activities will be monitored and reported regularly as per the specific reporting requirements of the donor, through the respective component. 1.2. LMP Rationale, Aim, and Objectives The project is being prepared as per the requirements of the ESS2 Labor and Working Conditions of the World Bank’s Environment and Social Framework (ESF). The Labor Management Procedures (LMP) identifies the main Labor requirements and risks associated with the project and helps the Recipient to determine the resources necessary to address Labor issues. The LMP will enable different project-related parties, for example, staff of the project implementing unit, contractors and sub-contractors and project workers, to have a clear understanding of what is required on a specific labor issue. The LMP is a living document, which is initiated early in project preparation and is reviewed and updated throughout the development and implementation of the project. Other objectives of ESS2 include the following: 1. To promote safety and health at work; 2. To promote the fair treatment, non-discrimination and equal opportunity of project workers; 3. To protect project workers, including vulnerable workers such as women, persons with disabilities, migrant workers, contracted workers, community workers and primary supply workers, as appropriate; 4. To prevent the use of all forms of forced labor and child labor; 11 5. To support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law; and 6. To provide project workers with accessible means to raise workplace concerns. 2. OVERVIEW OF LABOR USE ON THE PROJECT 2.1. Number and Characteristics of Project Workers Estimates of the average number of labors for each activity are presented below: • During sampling and inventory: A total of 18 people: 10 labor and 8 technical staff of MoEn/PMU/UNDP/MoElec • During intervention phase: - OP sites: A total of 120 people: 60 labor, 34 MoA staff, and 26 staff from MoA/MoEn/PMU/UNDP/Contractor) - PCB locations: A total of 20 people: 12 labor, and 8 staff from MoElec/MoE/PMU/UNDP The anticipated workers to be employed are likely to be international and national experts, skilled workers, and technical assistants. The recruitment shall follow fair treatment, non-discrimination, and equal opportunity of candidates and project workers. 2.2. Timing of Labor Requirements The timeline of each component separately is yet to be determined. However, the project is to be implemented over a period of six (6) years. a) Direct Workers: The Project will employ direct workers as part of the Project Management Unit (PMU) to be formed at the Ministry of Environment (MoEn). Additionally, the project will use the services of qualified experts, technical assistants, and consultants during the implementation phase. The number of direct workers is to be determined once more project details are available. b) Contracted Workers: Contracting firms are likely to be engineering/environmental consulting companies and companies specialized in training. Project workers are likely to be engaged in the project through the contracting firms/structures. Estimates of the total number of contracted workers are to be determined once more project details are available. c) Primary Supply Workers: The primary supply workers for the project will mainly include workers involved in the supply of services related to laboratory equipment, transportation, soil remediation, etc. 12 3. ASSESSMENT OF KEY POTENTIAL LABOR RISKS The key labor risks which may be encountered by the direct workers during the operation activities are listed below: • Risks associated with working conditions - Unfair and/or unclear contract terms and conditions: Including wages, overtime, compensation, benefits and working hours; In some cases, there might be no contracts issued as many workers will be assigned on a daily compensation basis. - Irregular payment of salaries: The significance of this risk can also increase with the lack of an efficient grievance mechanism (GM). - Discrimination and non-equal opportunities: The project involve several types of workers. The scale and diverse nature of work increase the probability of occcurence of discrimination and non- equal opportunities risks. - Challenges in workplace safety: Lack of insurance, PPEs, and training of the labor force. • Occupational health and safety (OHS) risks The nature of the project, coupled with the weak safety culture in the country, might result in health and safety risks. The project involves toxic hazardous chemicals (POPs, PCBs, OPs …) which may cause a potential risk to human health or the environment if improperly managed. The most significant occupational health and safety risks include: - Exposure to numerous chemicals leading to the following health effects: Increased cancer risk, reproductive disorders, alteration of the immune system, neurobehavioral impairment, endocrine disruption, genotoxicity, and increased birth defects. - Exposure to hazards resulted from Materials Transfer, Overfills of vessels and tanks, Reaction, Fire, and Explosion Prevention, others as per the EHS guidelines for WASTE MANAGEMENT FACILITIES sections 1.1.2 Industrial Hazardous Waste and 1.2 Occupational Health and Safety (file:///C:/Users/wb535945/OneDrive%20 %20WBG/Desktop/New%20folder/POPs/ESF%20instruments/2007- general-ehs-guidelines-hazardous-materials-management-en.pdf) - Accidents and injuries: Including slides from unstable disposal piles, cave-ins of disposal site surfaces, fires, explosions, being caught in processing equipment, and being run over by mobile equipment. Other injuries occur from heavy lifting, contact with sharps, chemical burns, and infectious agents. Smoke, dusts, and bioaerosols can lead to injuries to eyes, ears, and respiratory systems. 13 - - Risks associated with the lack of workers’ awareness: Knowledge on the type and significance of OHS risks involved with their work. - Road safety issues: Including but not limited to: Incidents during the transport and loading/unloading of waste, traffic-related accidents, air pollution and noise impacts, and increased risks of communicable diseases. - In addition to the above, according to the National centre for occupational health and safety who is the only official body that responsible for the affairs of occupational health and safety in Iraq including occupational diseases and accidents, the professional diseases are coming from the following scenarios: 1. Exposure to the hazards of working in the oil sector. 2. Exposure to the hazards of construction working, especially the dusty work (Asthma & silicosis). 3. Exposure to the hazards of working in the electrical sector. 4. Exposure to Noise. 5. Dermatological exposure. 6. Other heavy metal exposure. • Sexual exploitation and abuse (SEA) The project workers will include both men and women, specially for the Direct workers. . There is potential risk of GBV/sexual exploitation and abuse and sexual harassment (SH) and it should should be mitigated through the appropriate miutigation measures and introducing Code of Conduct (CoC) in the contract. • Risk of labor unresolved complaints This risk could be a result of the lack of the absence of a Grievance Mechanism (GM), or the presence of inefficient and not properly designed GM. • Restrictions related to freedom of association and collective bargaining. 4. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS Iraqi Labor law does not impose an obligation on employers to employ a certain percentage of Iraqi nationals. An exception applies where an investment license is required for a project in which case, according to the Investment Law, at least 50% of the employees in the workforce of the project must be Iraqi nationals. Furthermore, in projects conducted under a foreign investment license, Iraqi nationals must be given priority over foreign workers, unless it can be shown that there are no Iraqi nationals whose skills and qualifications would match the relevant position. Foreign investment law also imposes an obligation on foreign investors to train their Iraqi employees and to enhance their skills. 14 The Iraqi Labor legislation is consistent with the World bank ESS2 in most key aspects with the exception of few points, namely, requirements for employers to develop internal grievance redress mechanism for workers. For the purposes of this project, the provisions of the World Bank ESS2, stipulated in this Labor Management Procedures document will be followed. The essential provisions of Iraqi Labor law are embodied in Law No. 71/1987 and in ICC Articles 900 to 926. Some amendments were made by CPA Order No. 89. Labor Law No. 37 of 2015 aims to regulate the work relationship between the workers and employers and their associations, in order to protect their rights and achieve sustainable development based on social justice and equity, secure decent work for all, without any discrimination for the development of the national economy and the achievement of human rights and fundamental freedoms, regulate the work of foreigners working or wishing to work in Iraq and implement the provisions of Arab and international labor agreements duly ratified. The Social Security Law (Law No. 39/1971) contains further provisions relevant to the employer- employee relationship. The law ensures the following main branches of social security: health assurance, work accidents assurance, pension assurance and services assurance. As per article 40, each worker covered under the provisions of this law shall be registered at social security and shall obtain an “Assurance IDâ€?. It is worth noting that the Iraqi Labor Law No. 37 for 2015 article 21 defines the child as anyone younger than 15 years old. However, Iraq is also signatory to the 1989 International Convention on the Rights of the Child, which defines everyone under the age of 18 as a child who must have special protection and care. Considering the type of work in the project, the minimum age for employment will be 18. If a child under the minimum age is discovered working on the project, measures will be taken to immediately terminate the employment or engagement of the child in a responsible manner, taking into account the best interest of the child. 4.1. Wages The wages of employees are calculated based on the amount of work performed or the amount of time the employee has put in or on some other criteria. Wages paid shall be no less than the amount specified in employment contracts or standard salaries agreed upon in collective labor contracts. In Iraq, the minimum monthly wage for contracted workers is about 330 USD and minimum daily wage is about 14-15 USD per day. 4.2. Working Hours • The standard work week is 40 hours (Iraqi law 37 of 2015); however, according to the OHS policy brief in the agriculture sector in Iraq (ILO, 2023), regulations No. 1 of 2019, pursuant to the Labour Law No. 37 of 2015, define hazardous, exhausting, or harmful work in the labour sector in Iraq. They set the maximum daily working hours to seven – one hour less than the statutory number of daily working hours in other sectors. However, these regulations fall short in two respects. First, the language in the regulations provides for “a maximum of seven hours/day,â€? without indicating a weekly rest day. The text should actually read “seven hours in a single working dayâ€?, rather than indicating that it is “dailyâ€?, as such wording could open the door to a potential violation of the 15 Labour Code rules. • The maximum working hours are 48 hours per week (Iraqi law 37 of 2015 article 67); however • The minimum rest duration per month is 24 hours; and • If the worker is a contracted worker, he/she will receive full payment by the end of the month despite national holidays (i.e., national holidays will be paid). However, there is no compensation for national holidays with respect to daily wages in both public and private sector. 4.3. Rest Breaks The employees must be granted a rest and meal break during the workday. Time and duration are regulated by Iraqi Labor Law (30-60 min) per day. 4.4. Leaves • Ordinary leave: Employees including Project Management Unit (PMU) and contracted workers will have the right to take a paid leave up to the equivalent of 3 calendar days per month regardless of his/her position (profession), terms of employment or the effective period of their employment contract. The duration may vary depending on the type of workers, causes and reasons. • Sick leave: Sick leave duration ranges between 3 to 21 calendar days. It is permissible to grant the employee a full salary for the first leave; half the salary for the second leave; and no salary is given for the third leave for a period that shall not exceed 180 days. In case the employee was not able to resume his/her work after taking the third sick leave, he/she will be released. • Maternity leave: Female workers will get paid maternity leave. Every woman worker is entitled to 62 days maternity leave at full pay. 4.5. Overtime Work Wages for every hour of overtime work shall be paid to employees as follows: • If wages are based on time worked, the amount paid per hour shall not be less than twice the standard hourly wage. • If wages are paid based on piecework performed by the employee, extra wages must be paid in an amount not less than the hourly wages of employees with the same pay scale. 4.6. Labor Disputes • Collective and individual labor disputes are regulated in accordance with the Iraqi Labor Code. All individual Labor disputes shall be handled by the courts if mutual agreement cannot be reached by parties of contract. 16 • However, in case of collective agreements, a special body may be created within the framework of the union to investigate individual disputes prior to going to court. The creation and functioning of this body may be defined by collective agreements. 4.7. Discrimination and Non-equal Opportunities • The Contractor shall issue and implement internal policies and procedures to assure that no employee or job applicant will be subject to discrimination and/or harassment. • Practicing code of conduct in which employees should understand that harassment or violence of any kind is not allowed. The code of conduct should also explain that discrimination is not allowed. This includes discrimination based on any bias, including gender, age, disability, ethnicity, or religion. • Establishment of mechanisms to ensure non-discrimination of women in accessing recruitment procedures. 5. BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY Public Health Law No. 89 of 1981, amended by Resolution No.54 of 2001: In addition to addressing various issues related to the population's health, the law stipulates the provision of the safety of drinking water and its quality standards. The Occupational Health and Safety Instructions No. 3/1985 Concerning Occupational Safety ensures the enforcement of occupational safety provisions at places of work. • Regulates that all workplaces are to appoint a person in charge of occupational safety and an occupational safety committee; • Specifies the duties of the person responsible for occupational safety and for the occupational safety committee at each workplace; and • Establishes the functions and duties of employers and employees with regard to occupational safety. Law No. 6 of 1988 concerning the National Commission for Occupational Hygiene and Safety governs the enforcement of occupational health and safety regulations. • Includes provisions for workplace inspections and inspections reports; • Establishes the duties and responsibilities of employer’s occupational health and safety; • Establishes the functions of safety commissions at places of work; and • Regulates the responsibilities and duties of workers with respect to occupational health and 17 safety. 6. RESPONSIBLE STAFF The implementing Project Management Unit (PMU) will be directly supervised by the MoEn and will report to responsible staff within MoEn, appointed by the minister. The assigned person will oversee and guide all the workers associated with the project. The PMU Social and Environmental specialists will be responsible for the following within their responsibility area: • Implementing the labor management procedures; • Monitoring contractors and subcontractors’ implementation of Labor management procedures and ensuring that contractors comply with this Labor Management Procedure; • Coordinating and leading awareness campaigns and capacity building as needed, monitor and implement training on Labor Management Procedures and Occupational Health and Safety for project workers; • Ensuring that the grievance redress mechanism for project workers is established and implemented and that workers are informed of its purpose and how to use it; • Supervising the reception, registration and correct processing of any complaints/grievances received from different stakeholders; • Responding to the results of internal and external (lenders or regulatory) monitoring visits/ inspection; and • Monitoring the implementation of the Worker Code of Conduct. 7. POLICIES AND PROCEDURES The project’s identified risks and impacts will be mitigated with a number of policies and procedures. These will address Occupational Health and Safety risks, working conditions and management of worker relationships, non-discrimination and equal opportunities, terms and conditions of employment. The different policies and procedures which the project will prepare, adopt and implement are listed below. 7.1. Occupational Health & Safety (OHS) The project workforce will be categorized into distinct groups, including those who will remove the hazardous waste from the warehouses, workers responsible for its transportation, and the ones managing it in waste management facilities. For these three distinct groups dealing with hazardous materials, a 18 hazardous material management plan is proposed according to the EHS guidelines on environmental hazardous material management, and includes the following: • Job safety analysis to monitor and verify chemical exposure levels, and compare with applicable occupational exposure standards; • Hazard communication and training programs to prepare workers to recognize and respond to workplace chemical hazards. Programs should include aspects of hazard identification, safe operating and materials handling procedures, safe work practices, basic emergency procedures, and special hazards unique to their jobs. Training should incorporate information from Material Safety Data Sheets (MSDSs) for the POPs being handled. MSDSs should be readily accessible to employees in their local language; • Monitoring and record-keeping activities, including audit procedures designed to verify and record the effectiveness of prevention and control of exposure to occupational hazards, and maintaining accident and incident investigation reports on file for a period of at least five years; • Provision of suitable personal protection equipment (PPE) (footwear, masks, protective clothing and goggles in appropriate areas), emergency eyewash and shower stations, ventilation systems, and sanitary facilities; • Provide a clear assignment of OHS responsibilities; Comply with legislation which relate to OHS requirements as stipulated in Law 37 of 2015, in addition to General World Bank Environmental, Health and Safety Guidelines (EHSGs) and, as appropriate, the industry specific EHSGs, as well as other Good International Industry Practice (GIIP); To avoid workplace health and safety issues including accidents and injuries, the PMU will: • Provide and maintain a healthy and safe work environment and safe systems of work; • Ensure legal labor standards as per Iraqi regulations (child/forced labor, no discrimination, working hours, minimum wages) are met; • Provide hygienic, adequate facilities for workers, ensuring toilets and changing rooms are separated to male and female employees; • Be intolerant of illegal activities and enforce the necessary disciplinary measures for Gender- Based Violence, inhumane treatment, sexual activity with children, and sexual harassment; • Incorporate a gender perspective and provide an enabling environment where women and men have equal opportunity to participate in, and benefit from, planning and development; 19 • Ensure that workers have access to and are aware about the grievance mechanism; • Provide an environment that fosters the exchange of information, views, and ideas that are free of any fear of retaliation, and protects whistle-blowers; and • Provide appropriate insurance schemes for all types of workers, covering work-related accidents (injuries and fatalities), as well as insurance for third parties, where applicable. 7.2. Terms and Conditions of Employment 7.2.1. Wages and Working Hours All direct workers will be provided with clear and understandable terms and conditions of employment. Monitoring systems will be put in place to ensure that all types of project workers will be properly paid on a regular basis and compensated for longer working hours. Workers will be presented with details of grievance procedures, including the person to whom grievances should be addressed. Details about the workers’ grievance, and mechanisms which will be adopted are described in section 12. According to the OHS policy brief in the agriculture sector in Iraq (ILO, 2023), regulations No. 1 of 2019, pursuant to the Labour Law No. 37 of 2015, define hazardous, exhausting, or harmful work in the labour sector in Iraq. They set the maximum daily working hours to seven – one hour less than the statutory number of daily working hours in other sectors. However, these regulations fall short in two respects. First, the language in the regulations provides for “a maximum of seven hours/day,â€? without indicating a weekly rest day. The text should actually read “seven hours in a single working dayâ€?, rather than indicating that it is “dailyâ€?, as such wording could open the door to a potential violation of the Labour Code rules. In addition to reduced working hours, the exposure of workers to toxic chemicals can be limited through regular health checks of the workforce, offering free of charge PPEs, ensuring regular EHS trainings and providing accident insurance. 7.2.2. Freedom of Association and Collective Bargaining The rights of workers and the role of unions will be respected and the right to enter free and voluntary collective bargaining arrangements with management is respected. 7.2.3. Equal Opportunity and Non-Discrimination As specified in the Labor Code, employment of project workers will be based on the principles of non- discrimination, equal opportunity and fair treatment. There will be no discrimination with respect to any aspects of the employment relationship, including recruitment, compensation, working conditions and terms of employment, access to training, promotion or termination of employment. Where disabled persons are hired (higher probability will be among direct workers), accessibility will be ensured in terms of provision of wheelchair ramps or elevators, or alternative formats of communication. 20 Men and women will be given equal opportunities relating to all recruitment opportunities under the project. This will apply to the hiring of all project workers. The workforce grievance mechanism (GM) will be communicated to all workers as detailed in section 12 and will be used for noncompliance monitoring. 7.2.4. Code of Conduct The Code of Conduct (COC) obligates all persons involved to adhere to acceptable standards of behavior. The COC must include sanctions for non-compliance, including non-compliance with specific policies related to gender-based violence, sexual exploitation and sexual harassment (e.g., termination). The COC should be written in plain Arabic and Kurdish language and signed by each worker to indicate that they have: • Received a copy of the COC as part of their contract; • Had the COC explained to them as part of the induction process; • Acknowledged that adherence to this COC is a mandatory condition of employment; and • Understood that violations of the COC can result in serious consequences, up to and including dismissal, or referral to legal authorities. A copy of the COC shall be displayed in a location easily accessible to the community and project-affected people. It shall be provided in Arabic and Kurdish. 8. AGE OF EMPLOYMENT Iraqi legislation prohibits anyone under 18 years old from performing "unhealthy or heavyâ€? labor and there are special requirements for leave, working hours, and other conditions of employment. Workers that will be hired within the project must be above 18 years old. However, considering the health hazards linked to handling POPs and PCBs, the employment age is not the only criterion. For hazardous activities, the project should exclusively recruit skilled workers with appropriate training and PPEs. Concerning workers’s age, contractors (and consultants) will be required to verify the identity and age of all workers. This will require workers to provide official documentation, which could include a national identification card, passport, or medical or school record. If a child under the minimum age is discovered working on the project, measures will be taken to immediately terminate the employment or engagement of the child in a responsible manner, considering the best interest of the child. Process of Age Verification: To prevent engagement of under-aged labor, all contracts with work contractors shall have contractual provisions to comply with the minimum age requirements including penalties for non-compliance, and it will be well communicated to all potential stakeholders including the local community where the unskilled workforce will be sourced. The contractor is required to maintain labor registry of all contracted workers with age information. Verification of the age shall be undertaken prior to the engagement of labor and be documented. Below is indicative age verification means that could be used in the context where official ID system is unavailable: 21 • Check any additional official documents such as birth certificate, national ID, passport, driving license or other credible records, where available; • Obtain written confirmation from the medical practitioner; • Obtain written and signed declaration from the worker and his/her parents or guardian; or • Inquire with the local community leader, community action group or with other credible community sources. 9. TERMS AND CONDITIONS Terms and conditions of direct workers in terms of maximum number of hours that can be worked for the project, provisions on termination, and injuries and deaths, are explained below. 9.1.1. Maximum Number of Hours • The standard work week is 40 hours (Iraqi law 37 of 2015); • The maximum working hours are 48 hours per week (Iraqi law 37 of 2015 article 67); and • The minimum rest duration per month is 24 hours. However, the project workforce will be categorized into distinct groups, including those who will remove the hazardous waste from the warehouses, workers responsible for its transportation, and the ones managing it in waste management facilities. For these three distinct groups dealing with hazardous materials, working hours should be reduced to seven hours per each working day, according to regulations No. 1 of 2019, pursuant to the Labour Law No. 37 of 2015. In addition to providing them with regular health checks, free of charge PPEs, regular EHS training and accident insurance. 9.1.2. Provisions on Termination Project workers will receive written notice of termination of employment and details of severance payments in a timely manner. All wages that have been earned, social security benefits, pension contributions and any other entitlements will be paid on or before termination of the working relationship, either directly to the project workers or where appropriate, for the benefit of the project workers. Where payments are made for the benefit of project workers, project workers will be provided with evidence of such payments 9.1.3. Injuries and Death It is the contractor’s responsibility that all workers, including temporary and daily laborers, shall be appropriately insured against injuries and death. 22 10. MONITORING AND REPORTING REQUIREMENTS The Implementing Agency and the project team will report two times per year on the number of direct project workers employed, by category, confirming that age verification has been carried out for all workers and that all workers have written Terms and Conditions of employment which exclude the possibility of forced labor. For any contract for services or works, the contract supervisor will submit a report stating (1) the number and type of contracted workers employed; and (2) means of verifying compliance with prohibitions on child labor and forced labor, including by suppliers to the contractor. As for the monitoring requirements of the OHS risks, monitoring and record-keeping activities should be carried out, including audit procedures designed to verify and record the effectiveness of prevention and control of exposure to occupational hazards, and maintaining accident and incident investigation reports on file for a period of at least five years. Other OHS monitoring should also include some important indicators such as: - No. Of of health checks per month. - No. Of training on OHS. - No. Of of field visits and inspections. In addition to above, the team will envisage the use of third-party monitoring or any kind of independent supervision at the implementation stage. 11. TRAINING AND CAPACITY BUILDING Training will be provided to all workers on general (and specific) OHS during induction and on a regular basis to ensure all workers are well capacitated with the project’s OHS requirements. The PMU Environmental/Social Specialists will provide training to direct and contracted workers. Training will include but will not be limited to: • Awareness of the requirements of this LMP and associated plans/procedures; • Hazard communication and training programs; • Code of Conduct, Gender-based violence and Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH); • Grievance mechanism, including roles, responsibilities and accountabilities, and contact persons/communication channels; and • E&S instruments as relevant including the implementation of the ESMP and waste management plan. Training shall be delivered by an experienced E&S specialist assigned for the project, based on the competency requirements. Records of the training will be kept including training evaluation. The budget for this training will be within the operational cost of the project. 23 12. GRIEVANCE MECHANISM (GM) A well-communicated and easily accessible grievance mechanism will be provided for all direct and contracted project workers to raise workplace concerns related to recruitment process and/or workplace conditions. Such workers will be informed of the grievance mechanism at the time of recruitment and the measures put in place to protect them against reprisal for their use. The GM staff at the PMU are responsible for managing workers’ grievances. Before the beginning of activities, the E&S specialist will ensure that project personnel are well briefed regarding the Stakeholder Engagement Plan (SEP) and grievance mechanism and that the required resources are provided. - The workplace grievance mechanism will be designed to be easily understandable, clear, and transparent and to provide timely feedback. The policy of confidentiality and non-retribution will be reinforced, along with the ability to raise anonymous grievances. The mechanism will include multiple communication channels dedicated for workplace complaints only, including but not limited to an email address/website link; phone number; and a physical address for handing the complaints and grievances in person. Workers will have the freedom to pick the one they are comfortable using. The exact design will be finalized and will be disseminated prior to the launch of any contracts signatures and all contractors will be aware that those are systems related to the project that they need to comply to. The system will be extended to receive and respond to additional calls and to include specific measures for addressing Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH) to maintain confidentiality and safeguard the individual’s identity. Through the grievance process, information will remain anonymous and will not require the survivor to record more details than nature of the complaint, such as background information of the survivor and information on whether the survivor was referred to services. All staff and operators who will be handling the GM will receive the necessary training for effective handling of complaints including any potential SEA/SH related complaints. The workplace grievance mechanism will not impede access to other judicial or administrative remedies that are available under the law or through existing arbitration procedures, or substitute for grievance mechanisms provided through collective agreements. Employees will be encouraged to discuss their grievances and complaints informally with their direct managers. In cases where the direct manager is related to the subject of the complaint, the employee would most probably choose to directly submit a formal grievance. This can be done by sending an email or using other options as outlined above. For all cases, when any employee decides to submit a formal grievance, the following step-by-step procedure will be applied: 1- Receipt, Acknowledgment and Registration • The employee will submit the grievance through one of the dedicated channels indicated above (email address/website link; phone number; and a physical address for handing the complaints 24 and grievances in person); • The worker will be requested to use to the extent possible a grievance template which will be shared with all workers in hard/soft copies /available to download from the website; • If the worker wishes to submit the grievance orally via phone or in person, the project staff will lodge the complaint on their behalf, and it will be processed through the same channels; • Under request of the plaintiff, grievances can be lodged anonymously. This option shall be made clear to the complainant in the grievance template and/or in cases of oral submissions; • In case of anonymity opt-out, the worker will provide contact details or any other suitable means for him/her to be updated on the status of their complaints/grievances; • All received grievances shall be logged to the grievance log and acknowledged within 7 days of grievance being submitted; and • In all cases, the staff in charge should provide timely communication back to the complainant(s) that their grievance has been received, will be logged and reviewed for eligibility and provide them with the registration number. Clean and announced standards for the time frame of the response should be established, announced and adhered to. 2- Grievance Verification and Assessment • In order to verify the grievance, it should be discussed and investigated with the worker, and evidence must be gathered to the largest extent possible; and • The GM staff will need to make a decision with regards to the eligibility of the grievance or whether it should be directed to other mechanisms such as the project’s Grievance Redress Mechanism. The following represents the proposed eligibility criteria: o Is the complainant one of the project’s workers? o Is the complaint related to one of the following OHS and/or worker and labor conditions: 1- OHS; 2- Forced Labor; 3- Social Insurance; 4- Wages and Working Hours; 5- Discrimination and Unequal Opportunities; 6- Gender Base Violence, SEA/SH 7- Freedom of Association and Collective Bargaining? o Is the complaint not related to any of the above categories but still related to labor and working conditions? 3- Response and Feedback • As an initial response, the complainant will be informed of the eligibility results as well as all the steps being taken to address his concerns. This initial response shall be provided via a formal letter; an email; or a phone call within 3 working days from the date of receipt of the grievance; • For eligible and straightforward grievances, GM staff will provide a response without further 25 investigation within 10 days from the initial date of receipt of the grievance, where actions are proposed to resolve the complaint and agreement on the response is sought with the complainant; • For eligible grievances that require further assessment, GM staff will further engage with the complainant via a phone call or a formal meeting in order to collect further information. Based on this, they will provide within 14 days from the initial date of receipt of the grievance, where actions are proposed to resolve the complaint and agreement on the response is sought with the complainant; • Imminent and serious safety risks reported by the worker will be addressed immediately and will not follow the normal timeline; • In all the above-mentioned scenarios, the response should include a clear explanation of the proposed response including any alternative options, while clarifying to the extent possible the rights of the complainant, and the choices he has including: 1- to agree to proceed; 2- request for a second round of assessment; 3- to consider any other organizational, judicial or non-judicial possibilities; • In case the grievance feedback is satisfactory to the complainant, the response should be implemented and recorded in the grievance log with the date of grievance resolution; and • In case the grievance feedback is not satisfactory to the complainant, he/she has the right to appeal within 5 working days. In such a case, a second tier should be initiated where the Grievance Mechanism (GM) staff will attempt to propose alternative options and carry out additional investigation in order to meet the concerns of the complainant, and other stakeholders. The complainant will be invited to attend an appeal meeting or to discuss the appeal over a pre- scheduled phone call, during the first three days following the appeal. It would be preferred that a more senior member of staff attended/discussed the appeal with the employee. Where needed, a grievance committee might be established representing different sectors as relevant to the complaint, in addition to worker representative(s) (upon the complainant's consent) in order to help achieve a transparent process. The GM staff should send their response within 7 days of the date of the appeal. The second-tier response should also include a clear explanation of the proposed response including all alternative options and the choices the complainant has as described above. 4- Agreement and Implementation of the Response • If the grievance has been resolved, the GM staff will document the actions taken, time it took to resolve the grievance and satisfactory resolution; • If the grievance has not been resolved, GM staff should document additional information including actions taken, communication with the complainant, and the final decisions made by the complainant and the organization with regards to any other alternatives; • In general, confidentiality should be maintained in GM documentation, if the complainant has requested so; and 26 • In all cases, the total number of grievances should be recorded including the time it took to resolve them, as well as the number of unresolved cases. 13. CONTRACTOR MANAGEMENT The contractors will be selected based on both acceptable technical specifications and financial offers. The technical specifications will ensure that they shall have in place labor management procedures that will allow them to operate in accordance with the requirements of ESS2. Requirements of ESS2 will be incorporated into contractual agreements with all contractors and sub- contractors and procedures will be put in place to manage and monitor the performance of contractors. The contractual agreements will include non-compliance remedies (i.e., sanction clause) for possible non- compliance with E&S provisions by the contractor. It is worth noting that the contractor bidding documents will follow the World Bank’s standard bidding documents which disqualify contractors for failing to comply with Gender Based Violence (GBV)/SEAH related obligations. 14. COMMUNITY WORKERS Community workers are not included in the project. 15. PRIMARY SUPPLY WORKERS Primary supply workers will be engaged under this project in the supply of services such as the provision of laboratory equipment, transportation services, soil remediation services, etc. This section will be further updated at a later stage once the activities of each sub-component are more clearly defined. ANNEX 1: CODE OF CONDUCT The following template must be adapted to the project: 1. Introduction The company is committed to ensuring a work environment which minimizes any negative impacts on the local environment, communities, and its workers. The company also strongly commits to creating and maintaining an environment in which Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH) have no place, and where they will not be tolerated by any employee, sub-contractor, supplier, associate, or representative of the company. The purpose of this Code of Conduct is to: 1. Create a common understanding of what constitutes Sexual Exploitation and Abuse, and Sexual Harassment; 27 2. Create a shared commitment to standard behaviors and guidelines for company employees to prevent, report, and respond to SEA and SH; and 3. Create an understanding that the breach of this code of conduct will result in disciplinary action. 2. Definitions • Sexual Exploitation and Abuse (SEA) 1: Defined as 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; • Sexual Abuse: The actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions; • Sexual Harassment2: Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of sexual nature; • Sexual Harassment versus SEA3: SEA occurs against a beneficiary or member of the community. Sexual harassment occurs between personnel/staff of an organization or company and involves any unwelcome sexual advance or unwanted verbal or physical conduct of a sexual nature. The distinction between the two is important so that agency policies and staff training can include specific instruction on the procedures to report each; and • Consent: Is the choice behind a person’s voluntary decision to do something. Consent for any sexual activity must be freely given, ok to withdraw, made with as much knowledge as possible, and specific to the situation. If agreement is obtained using threats, lies, coercion, or exploitation of power imbalance, it is not consent. Under this Code of Conduct4 consent cannot be given by anyone under the age of 18, regardless of the age of majority (age of puberty) or age of consent locally. Mistaken belief regarding the age of the child is not a defense. There is no consent when agreement is obtained through: • The use of threats, force or other forms of coercion, abduction, fraud, manipulation, deception, or misrepresentation; • The use of a threat to withhold a benefit to which the person is already entitled; or • Offering the person a promise to provide a benefit. 1 In the context of World Bank Financed operations exploitation occurs when access to or benefit from a World Bank Financed good or service is used to extract sexual gain. 2 Inter-Agency Standing Committee Protection against Sexual Exploitation and Abuse (PSEA): Inter-agency cooperation in community-based complaint mechanism. Global standard Operating Procedures. May 2016 3 Ibid 4 In accordance with the United Nations Convention on the Rights of the Child. 28 While all forms of violence against a community resident or a co-worker are forbidden, this Code of Conduct is particularly concerned with the prevention and reporting of Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH) which constitute gross misconduct, is ground for termination or other consequences related to employment and employment status. 29 3. Individual Signed Commitment I, ______________________________, acknowledge that Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH), are prohibited. As an (employee/contractor) of (contracted agency/sub-contracted agency) in (country), I acknowledge that SEA and SH activities on the work site, the work site surroundings, at workers’ camps, or the surrounding community constitute a violation of this Code of Conduct. I understand SEA and SH activities are grounds for sanctions, penalties or potential termination of employment. Prosecution of those who commit SEA and SH may be pursued if appropriate. I agree that while working on the project I will: • Treat all persons, including children (persons under the age of 18), with respect regardless of sex, race, color, language, religion, political or other opinion, national, ethnic or social origin, gender identity, sexual orientation, property, disability, birth or other status; • Commit to creating an environment which prevents SEA and SH and promotes this code of conduct. In particular, I will seek to support the systems which maintain this environment; • Not participate in SEA and SH as defined by this Code of Conduct and as defined under Iraqi laws; • Not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate; • Not participate in sexual contact or activity with anyone under the age of 18. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense. I will not participate in actions intended to build a relationship with a minor that will lead to sexual activity; • Not solicit/engage in sexual favors in exchange for anything as described above; and • Recognizing that a child is unable to give consent and a child is anyone under the age of 18, I will not have any sexual interactions with any child. 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-consensualâ€? under this Code. I commit to: • Adhere to the provisions of this Code of Conduct both on and off the project site; and • Attend and actively partake in training courses related to preventing SEA and SH as requested by my employer. If I am aware of or suspect SEA and SH, at the project site or surrounding community, I understand that I am encouraged to report it to the Grievance Reporting Mechanism (GRM) or to my manager. The safety, consent, and consequences for the person who has suffered the abuse will be part of my consideration when reporting. I understand that I will be expected to maintain confidentiality on any matters related to the incident to protect the privacy and security of all those involved. 30 I understand that if I breach this Individual Code of Conduct, my employer will take disciplinary action which could include: • Informal warning or formal warning; • Additional training; • Loss of salary; • Suspension of employment (with or without payment of salary); • Termination of employment; and • Report to the police or other authorities as warranted. I understand that it is my responsibility to adhere to this code of conduct. That I will avoid actions or behaviors that could be construed as SEA and SH. Any such actions will be a breach this Individual Code of Conduct. I acknowledge that I have read the Individual Code of Conduct, do agree to comply with the standards contained in this document, and understand my roles and responsibilities to prevent and potentially report SEA and SH 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: _________________________ 31 ‫مدونة قواعد السلوك‬ ‫ي مع ر‬ ‫المشوع‬ ‫يجب تكييÙ? النموذج التال‬ ‫‪.1‬ي المقدمة‬ ‫الشركة ملتزمة بضمان بيئة عمل تقلل أي تأثيرات سلبية على البيئة المحلية والمجتمعات وعمالها ‪.‬تلتزم الشركة أيضًا بإنشاء والحÙ?اظ على‬ ‫بيئة ال مكان Ù?يها االستغالل واالنتهاك الجنسيين والتحرش الجنسي‪ ،‬وحيث لن يتم التسامح بهما من قبل أي موظÙ?‪ ،‬أو مقاول Ù?رعي‪ ،‬أو‬ ‫مورد‪ ،‬أو شريك أو مندوب للشركة ‪.‬الغرض من هذه المدونة هي‪:‬‬ ‫إنشاء Ù?هم مشترك لما يشكل االستغالل واالنتهاك الجنسيين والتحرش الجنسي‪-‬‬ ‫•‬ ‫إنشاء التزام مشترك بسلوكيات وإرشادات توجيهية لموظÙ?ÙŠ الشركة لمنع هذه الحوادث واإلبالغ عنها‪ ،‬واالستجابة بها‪-‬‬ ‫•‬ ‫إنشاء Ù?هم بأن خرق مدونة السلوك هذه سيؤدي إلى إجراءات تأديبية‪-‬‬ ‫•‬ ‫‪ .2‬تعريÙ?ات‬ ‫االستغالل واالنتهاك الجنسيين‪ :‬أي انتهاك Ù?علي أو محاولة الستغالل موقÙ? ضعÙ?‪ ،‬أو Ù?ارق السلطة‪ ،‬أو الثقة‪ ،‬ألغراض‬ ‫▪‬ ‫جنسية‪ ،‬بما Ù?ÙŠ ذلك‪ ،‬الربح ماديًا أو اجتماعيًا أو سياسيًا‪ ،‬الناشئ عن استغالل شخص آخر جنسيًا‬ ‫االنتهاك الجنسي ‪:‬القيام أو التهديد باالعتداء الجسدي ذي الطبيعة الجنسية‪ ،‬سواء بالقوة أو Ù?ÙŠ ظل ظروÙ? غير متكاÙ?ئة أو قسرية‬ ‫▪‬ ‫التحرش الجنسي ‪:‬أي خطوات جنسية غير مرغوب Ù?يها‪ ،‬وطلب الخدمات الجنسية‪ ،‬وغير ذلك من السلوك اللÙ?ظي أو الجسدي‬ ‫▪‬ ‫ذي الطبيعة الجنسية‬ ‫التحرش الجنسي مقابل االستغالل واالنتهاك الجنسيين ‪:‬يحدث االستغالل واالنتهاك الجنسيين ضد أي مستÙ?يد أو عضو Ù?ي‬ ‫▪‬ ‫المجتمع ‪.‬يحدث التحرش الجنسي بين الموظÙ?ين Ù?ÙŠ منظمة أو شركة وينطوي على أي تقدم جنسي غير مرحب به أو سلوك‬ ‫لÙ?ظي أو جسدي غير مرغوب Ù?يه ذي طبيعة جنسية ‪.‬والتمييز بين االثنين مهم بحيث يمكن لسياسات الوكاالت وبرامج تدريب‬ ‫الموظÙ?ين أن يشمال تعليمات محددة بشأن إجراءات اإلبالغ عن كل منهما‬ ‫المواÙ?قة ‪:‬هو الخيار وراء قرار الشخص الطوعي بÙ?عل شيء ما ‪.‬يجب منح المواÙ?قة على أي نشاط جنسي بحرية‪ ،‬مع إمكانية‬ ‫▪‬ ‫اإلنسحاب ‪.‬إذا تم الحصول على اتÙ?اق باستخدام التهديدات‪ ،‬أو األكاذيب‪ ،‬أو اإلكراه أو استغالل Ù?ارق القوة‪ ،‬Ù?هذه ال تعد مواÙ?قة‬ ‫ن الرشد( سن البلوغ )‬ ‫ح المواÙ?قة‪ ،‬بغض النظر عن س ي‬ ‫ا من ي‬ ‫ن ‪ً 18‬‬ ‫عامي‬ ‫د السلوك هذه‪ ،‬ال يمكن ألي شخص دون س ي‬ ‫بموجب مدونة قواع ي‬ ‫ً‬ ‫ً‬ ‫ً‬ ‫ي‬ ‫دÙ?اعا‬ ‫ا يتعلق بسن الطÙ?Ù„ ليس عذريا أو‬ ‫ي Ù?يمي‬ ‫د الخاط‬ ‫ا ‪.‬االعتقا ي‬ ‫محليي‬ ‫أو س ي‬ ‫ن المواÙ?قة‬ ‫ل االتÙ?اق من خال ي‬ ‫لي‬ ‫ال توجد مواÙ?قة عند الحصول ع ي‬ ‫التهديدات‪ ،‬القوة أو أشكال أخرى من اإلكراه‪ ،‬االختطاÙ?‪ ،‬االحتيال‪ ،‬التالعب‪ ،‬الغش‪ ،‬الخداع أو التحريÙ? ‪-‬‬ ‫▪‬ ‫التهديد بمنع منÙ?عة يحق للشخص الحصول عليها بالÙ?عل ‪-‬‬ ‫▪‬ ‫تقديم وعد للشخص بتقديم منÙ?عة ‪-‬‬ ‫▪‬ ‫وÙ?ÙŠ حين أن جميع أشكال العنÙ? محظورة‪ ،‬Ù?إن مدونة قواعد السلوك هذه تهتم بشكل خاص بمنع االستغالل واالنتهاك الجنسيين والتحرش‬ ‫الجنسي اللذين يشكالن سوء سلوك كبير‪ ،‬ويعتبران سببا إلنهاء الخدمة أو عواقب أخرى تتصل بالوظيÙ?Ø© والوضع الوظيÙ?ي‬ ‫‪32‬‬ ‫‪ .3‬التعهد الموقع Ù?رديًا‬ ‫أنا‪ ØŒ ______________________________،‬أقر بأن االستغالل واالنتهاك الجنسيين والتحرش الجنسي محظوران ‪.‬بصÙ?تي‬ ‫(موظÙ?ًا‪/‬متعاقدًا )Ù?ÙŠ( وكالة متعاقدة‪/‬وكالة متعاقدة Ù?رعيا Ù‹ )Ù?ÙŠ( بلد)‪ ،‬أقر بأن أنشطة االستغالل واالنتهاك الجنسي او التحرش الجنسي Ù?ي‬ ‫موقع العمل أو محيط موقع العمل أو Ù?ÙŠ مساكن العمال أو المجتمع المحيط تشكل انتها ً‬ ‫كا لمدونة السلوك هذه ‪.‬أÙ?هم أن أنشطة االستغالل‬ ‫واالعتداء الجنسيين والتحرش الجنسي هي أسباب للجزاءات أو العقوبات أو احتمال إنهاء العمل ‪.‬ويمكن مالحقة مرتكبي هذه الجرائم‬ ‫قانونيا ً‬ ‫أواÙ?Ù‚ على أنني سأقوم بما يلي أثناء العمل Ù?ÙŠ المشروع‬ ‫معاملة جميع األشخاص بإحترام‪ ،‬بمن Ù?يهم األطÙ?ال (األشخاص الذين تقل أعمارهم عن ‪ 18‬سنة)‪ ،‬بصرÙ? النظر عن الجنس‪ ،‬أو‬ ‫•‬ ‫العرق‪ ،‬أو اللون‪ ،‬أو اللغة‪ ،‬أو الدين‪ ،‬أو الرأي السياسي‪ ،‬أو غير السياسي‪ ،‬أو األصل القومي‪ ،‬أو اإلثني‪ ،‬أو االجتماعي‪ ،‬أو الهوية‬ ‫الجنسانية‪ ،‬أو الميل الجنسي‪ ،‬أو الملكية‪ ،‬أو اإلعاقة‪ ،‬أو المولد‪ ،‬أو أي وضع آخر‬ ‫االلتزام بتهيئة بيئة تمنع االستغالل واالنتهاك الجنسيين والتحرش الجنسي وتعزز مدونة قواعد السلوك هذه ‪.‬وسأسعى بصÙ?ة‬ ‫•‬ ‫خاصة إلى دعم النظم التي تحاÙ?ظ على هذه البيئة‬ ‫عدم االشتراك Ù?ÙŠ االستغالل واالنتهاك الجنسيين والتحرش الجنسي المدونين Ù?ÙŠ مدونة قواعد السلوك هذه وعلى النحو المحدد Ù?ي‬ ‫•‬ ‫القوانين العراقية‬ ‫عدم استخدام لغة أو سلوك تجاه النساء أو األطÙ?ال أو الرجال يتسم بعدم المالءمة‪ ،‬أو التحرش‪ ،‬أو اإلساءة أو االستÙ?زاز الجنسي أو‬ ‫•‬ ‫اإلهانة أو عدم المالءمة من الناحية الثقاÙ?ية‬ ‫عدم المشاركة Ù?ÙŠ االتصال الجنسي أو النشاط الجنسي مع أي شخص يقل عمره عن ‪ 18‬سنة ‪.‬االعتقاد الخاطئ Ù?يما يتعلق بسن‬ ‫•‬ ‫الطÙ?Ù„ ليس دÙ?اعًا أو عذرا Ù‹ ‪.‬مواÙ?قة الطÙ?Ù„ ليست دÙ?اعًا أيضًا ‪.‬لن أشارك Ù?ÙŠ اإلجراءات التي تهدÙ? إلى بناء عالقة مع قاصر تؤدي‬ ‫إلى نشاط جنسي‬ ‫عدم طلب‪ /‬االنخراط Ù?ÙŠ خدمات جنسية مقابل أي شيء على النحو المبين أعاله‬ ‫•‬ ‫إعترÙ?ا Ù‹ بأن الطÙ?Ù„ غير قادر على إعطاء المواÙ?قة وأن الطÙ?Ù„ هو أي شخص دون سن ‪ ØŒ18‬لن يكون لدي أي تÙ?اعل جنسي مع أي Ø·Ù?Ù„ ‪.‬وهذا‬ ‫يشمل العالقات التي تنطوي على وعد بتقديم استحقاقات Ù?علية (نقدية أو غير نقدية )ألÙ?راد المجتمع مقابل الجنس ‪-‬يعتبر هذا النشاط‬ ‫الجنسي "غير تواÙ?قي "بموجب هذا المدونة‬ ‫أتعهد بما يلي ‪:‬‬ ‫التقيد بأحكام مدونة قواعد السلوك هذه سواء داخل موقع المشروع أو خارج‬ ‫•‬ ‫ء على طلب‬ ‫ً‬ ‫بنا‬ ‫الجنسي‬ ‫والتحرش‬ ‫الجنسيين‬ ‫واالنتهاك‬ ‫الحضور والمشاركة بنشاط Ù?ÙŠ الدورات التدريبية المتعلقة بمنع االستغالل‬ ‫•‬ ‫صاحب العمل‬ ‫‪33‬‬ ‫إذا كنت على علم أو أشك Ù?ÙŠ استغالل وانتهاك جنسيين أو تحرش جنسي ‪ ،‬Ù?ÙŠ موقع المشروع أو المجتمع المحيط‪ ،‬Ù?أنا Ø£Ù?هم أنني متشجع‬ ‫ءا من اعتباري عند‬ ‫على إبالغ آلية الشكاوى أو مديري ‪.‬ستكون السالمة والمواÙ?قة والعواقب بالنسبة للشخص الذي عانى من اإلساءة جز ً‬ ‫اإلبالغ ‪.‬أÙ?هم أنه من المتوقع أن أحاÙ?ظ على السرية بشأن أي مسائل تتعلق بالحادث لحماية خصوصية Ùˆ سالمة جميع المتورطين‪.‬‬ ‫أÙ?هم أنه إذا انتهكت مدونة السلوك الÙ?ردية هذه‪ ،‬Ù?سوÙ? يتخذ صاحب العمل إجراءات تأديبية يمكن أن تشمل‪:‬‬ ‫اإلنذار غير الرسمي أو اإلنذار الرسمي‬ ‫•‬ ‫تدريب إضاÙ?ي‬ ‫•‬ ‫Ù?قدان الراتب‬ ‫•‬ ‫وقÙ? العمل( مع راتب أو بدونه )‬ ‫•‬ ‫إنهاء الخدمة‬ ‫•‬ ‫أبالغ الشرطة أو السلطات األخرى حسب االقتضاء‬ ‫•‬ ‫أÙ?هم أن من مسؤوليتي االلتزام بمدونة السلوك هذه‪ .‬سأتجنب األÙ?عال أو السلوكيات التي يمكن تÙ?سيرها على أنها استغالل وانتهاك جنسيين‬ ‫وتحرش جنسي‪ .‬أي إجراءات من هذا النوع ستكون خر ً‬ ‫قا لمدونة السلوك الÙ?ردية هذه‪ .‬أقر بأنني قرأت مدونة السلوك الÙ?ردية‪ ،‬وأواÙ?Ù‚ على‬ ‫االمتثال للمعايير الواردة Ù?ÙŠ هذه الوثيقة‪ ،‬وأÙ?هم أدواري ومسؤولياتي لمنع قضايا االستغالل واالنتهاك الجنسيين والتحرش الجنسي‪ .‬وربما‬ ‫اإلبالغ عنها‪ .‬أÙ?هم أن أي إجراء ال يتÙ?Ù‚ مع مدونة السلوك الÙ?ردية هذه أو عدم التصرÙ? المنصوص عليه Ù?ÙŠ مدونة السلوك الÙ?ردية هذه قد‬ ‫يؤدي إلى إجراءات تأديبية وقد يؤثر على عملي المستمر‬ ‫التوقيع‪____________________________________________ :‬‬ ‫االسم المطبوع ‪________________________________________:‬‬ ‫العنوان الوظيÙ?ي‪_______________________________________ :‬‬ ‫التاريخ‪_________________________________ :‬‬ ‫‪34‬‬