ETHIOPIA URBAN SAFETY NET AND JOBS PROJECT LABOUR MANAGEMENT PROCEDURES April 2020 1 Table of Contents 1. Overview of the Urban Safety Net and Jobs Project ....................................................................... 3 2. Rationale of the Labor management Procedures ............................................................................. 3 3. Outline of Labor use in the project ................................................................................................ 4 3.1. Number of Project Workers ............................................................................................................ 4 3.2. 3.2 . Characteristics of Project Workers .......................................................................................... 4 4. Assessment of Key Potential Labor Risks ....................................................................................... 6 5. Brief Overview of Labor Legislation ............................................................................................... 8 5.1. Ethiopian Labor Legislation .......................................................................................................... 8 5.2. World Bank Standard on Labor and Working Conditions ............................................................. 8 6. Occupational Health and Safety....................................................................................................... 9 7. Age of Employment ....................................................................................................................... 11 8. Terms and Conditions .................................................................................................................... 12 9. Responsible Staff ........................................................................................................................... 12 10. Grievance Redress Mechanism ...................................................................................................... 15 Court Option ............................................................................................................................................... 18 10.1. Key activities in the grievance redress process ............................................................................ 18 10.2. Complaints Uptake ....................................................................................................................... 18 10.3. Case Assessment and Analysis ................................................................................................... 19 10.4. Case Resolution and Closure........................................................................................................ 19 10.5. GRM Registry and Reporting ...................................................................................................... 19 10.6. Capacity building trainings for GRM Committee ........................................................................ 19 10.7. Promotion of the GRM................................................................................................................. 20 11. Contract Management .................................................................................................................... 20 12. Codes of Conduct........................................................................................................................... 21 LIST OF ANNEXES .................................................................................................................................. 22 ANNEX 1: RISK ASSESSMENT TOOL .................................................................................................. 23 ANNEX 2: Sample of a contractors Code of Conduct For Sub- Projects Under the Ethiopia Urban SafetyNet and Jobs Project ......................................................................................................................... 24 2 1. Overview of the Urban Safety Net and Jobs Project The Ethiopia Urban Safety Net and Jobs Project (USNJP) aims to support the Government of Ethiopia in improving the incomes of the urban poor and the labor market inclusion of disadvantaged urban youth. The project builds on the safety net model of its predecessor - the Urban Productive Safety Net Project - by adding an additional component of providing young men and women the opportunity to enter the labor market; as well as expanding from 11 to between 44-83 cities. To this end, the proposed Project will have four components: Component 1: Expand the Urban Productive Safety Net to Improve the Urban Environment . Building on the experience of the UPSNP, this component would provide labor intensive public work opportunities for selected urban poor in selected cities, assist in business development, and provide livelihood grants for beneficiary households. Component 2: Foster Urban Youth Employment. This component will aim to connect unemployed youth to jobs by alleviating key constraints to successful job search and providing youth with a first work experience. The component would also strengthen Employment and Intermediation Services. Component 3: Strengthen Social Services for the Urban Poor and Destitute. This component would strengthen MoLSA’s capacity and city and sub city to deliver essential social protection services. It would focus on the expansion of Permanent Direct Support to labor constrained selected urban poor (elderly, disabled, etc.) in project cities and provide services for homeless with the objective of their reintegration. Component 4: Institutional Strengthening, Project Management and Monitoring and Evaluation. This component would support the development and strengthening of program systems, both at the UFSJCA and at MoLSA. It will focus on capacity and city and sub city building and institutional collaboration and strengthen program management supported by a project coordination unit. 2. Rationale of the Labor management Procedures To deliver the project, the use of government, private, and community human resources is anticipated at all levels from Federal to City to Woreda/Kebele to the community. The Government of Ethiopia recognizes that comprehensive management of the human resources is important to augmenting the positive outcomes of the project. These Labor Management Procedures (LMP) have therefore been developed to: a. Promote safety and health at work; b. Promote the fair treatment, non-discrimination and equal opportunity of project workers; c. Protect project workers, including vulnerable workers such as women, persons with disabilities, youth (of working age, in accordance with Ethiopian legal provisions and WB’s ESF-ESS2) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate. d. Prevent the use of all forms of forced labor and child labor; e. Support the principles of freedom of association and collective bargaining of project workers in a manner consistent with Federal law; f. Provide project workers with accessible means to raise workplace concerns 3 3. Outline of Labor use in the project 3.1 Number of Project Workers Given the diversity of the project, the term “project workers”, in line with ESS2, encompasses in the different component’s direct workers, contracted workers, primary supply workers, and community workers (see below for details) as well as civil servants. With a focus on jobs and employment, designed to address the challenges of urban poverty and youth employment, this project is labor intensive, above all for components 1 and 2. The project targets more than 500,000 public work beneficiaries and 100,000 youth employed in apprenticeships. About 500-1,000 people will volunteer in committees, depending on the number of cities, who will assist in the targeting, coordination and other supporting work to the implementation process of the project. An estimated of several hundred workers will be involved in the delivery of project activities, such as government staff, direct project staff and workers of contracted service providers. 3.2 Characteristics of Project Workers Public Work (PW) beneficiaries in Component 1 This includes the PW beneficiaries who will participate in the public works and livelihoods activities to implement (i) urban greenery, (ii) waste management, (iii) watershed management and disaster prevention, (iv) small community infrastructure (as part of a larger plan such as the riverside initiative in Addis Ababa), and (v) urban agriculture. Subprojects that have the potential to pose higher risks are ineligible and will be excluded in the project. The PW activities would be planned for three years and implemented on a rolling basis. A registered representative of the target household will be required to undertake some forms of labor in order to receive the benefits. Both men and women aged between 18 and 60 will have an opportunity to participate in the public works. In addition, volunteers will participate in targeting committees, and others in Grievance Redress Committees to assist in the implementation of the program activities. Timing of labor requirements: Able bodied household representatives can work to the benefit of the households 12 months each year for 3 years, for 20 hours a week for the first year with the number of hours gradually decreasing in the second year and third year. These beneficiaries will be engaged in livelihood activities whose preparation starts in the second year. Work locations and types of work will be determined by respective Woreda and kebele level coordination offices in consultation with the community. For mothers who have preschool children, the project will establish beneficiary-led child care at or around public work sites to promote child development and help participation of women by easing child care responsibilities during working hours. For this purpose, the project in collaboration with UNICEF has conducted a comprehensive assessment on the needs, and options to establish affordable and accessible Child Care with workable recommendation community-based implementation. Youth Apprenticeships in Component 2 Another category of beneficiaries are urban youth aged 18-25 in 15-20 cities with secondary education or less and are unemployed. These youth will be connected to their first work experience through an apprenticeship in a private company and will receive a monthly stipend covering transport costs and a meal per day. The apprenticeships will be offered by private and public sector firms (SMEs and large firms) and identified and coordinated by Private Sector Associations as intermediaries between the apprentices and the private sector. A simple curriculum/learning plan will be required for each apprentice which will be administered during the duration of the apprenticeship. Working conditions: the project will provide documentation on the terms and conditions of the apprenticeship as outlined in the next paragraph; the project will ensure non-discrimination during the targeting process; the project will require adequate occupational health and safety provisions in the 4 respective firms to be ensured by law by the Ministry of Labor and Social Affairs and spot-checked by the Project. The firm will ensure that the apprenticeship focuses on a set learning plan with specific learning outcomes. Timing of Apprenticeships: the apprenticeship will be arranged for approximately 6 months, working 5 working days a week for no more than 8 hours each day; a tripartite agreement will be signed between the apprentice, the firm, and a project representative outlining the respective conditions, including the learning plan, reference to the labor regulations of Ethiopia, and the requirement of health insurance for the apprentice. Apprentices who complete their program will be awarded a Certificate of Completion. Stipends would be terminated if monthly attendance falls below 80% of official working days. Apprentices who can meaningfully justify their low attendance such as sickness justified by medical certify will be allowed to continue. Volunteers for all components In addition, the project will make use of volunteers from the community to serve in various committees such as Targeting and Grievance Redress Committees to assist in implementation of the project activities. Each committee has their own rules of engagement which are suited to their tasks and location. However, as a general guideline, members of the committees are expected to volunteer their labor through the committees for approximately 8 hours per week, not impacting their income situation. The detail procedure will be provided in the project PIM. Direct Project Workers for all components The direct workers under this project mainly consist of government employees at i) UFSJCA under the Ministry of Urban Development and Construction (the lead implementing agency); ii) Ministry of Finance (responsible for managing the payments which are delivered by the Commercial Bank of Ethiopia); iii) the Jobs Creation Commission (JCC), under the Prime Minister’s office (who oversees, guides and monitors the job creation agenda); iv) city, sub city ,woreda and Keble administrators, and v) the Ministry of Labor and Social Affairs (MoLSA), in charge of case management of the direct support beneficiaries and the services for homeless. The project may also engage sector experts from other departments as may be relevant to the project. All of these workers are civil servants, whose salaries are financed through government funds and for whom the Ethiopian regulations for civil servants apply. As such, only the provisions on Occupational Health and Safety as well as protection in the work force (child and forced labor prohibition) applies. Further, the project will utilize about 10-15 project officers / specialists who have been recruited on contractual basis under UPSNP at FPCU and additional 6-8 specialists will be hired for USNPJ in order to strengthen fiduciary and social and environment risk management oversight. Timing of labor requirements: The project specialists work on contract base which is renewed annually subject to performance and are expected to work full-time for the project during their tenure of office. All provisions of ESS2 apply, including the requirement of clear terms and conditions of employment, non- discrimination and equal opportunity, worker organization in accordance with the law, prohibition of child and forced labor, as well as occupational health and safety and access to a GRM system. Contracted Workers The project will engage NGOs and short-term consultants to provide an assorted range of services including counselling and trainings, administering reintegration of the urban destitute, technical support to community based mobile child care at public work sites, among others. The Project will include in the respective bidding documents as well as contractual agreements, the requirements of such noted third parties to comply with the laws and regulations of Ethiopia as well as the World Bank’s ESF/ESS2; including the requirement of clear terms and conditions of employment, non-discrimination and equal opportunity, worker organization in accordance with the law, prohibition of child and forced labor, as well 5 as occupational health and safety and access to the GRM established for the project. While the supervision of labor in accordance with the Ethiopian labor laws and regulations are the responsibility of the Ministry of Labor and Social Affairs, the contracted third party will include labor situations (including on work force size and eventual OHS incidents) in their progress reports and the project will spot-check respective conditions during its regular monitoring. Primary Suppliers The project is anticipated to engage suppliers for the public works on a rolling basis for the purpose of works in (i) urban greenery, (ii) waste management, (iii) watershed management and disaster prevention, (iv) small community infrastructure (as part of a larger plan such as the riverside initiative in Addis Ababa), and (v) urban agriculture. It is expected that the project will engage procurement of necessary goods and materials at the city level to fulfill these activities. None of the goods are considered high-risk in terms of child labor, forced labor or serious safety issues. In case suppliers are engaged in loading or unloading activities at USNJP work sites, respective OHS provisions apply under the responsibility of the respective project site management and suppliers not complying with respective provisions will not be allowed access to noted sites. Respective provisions will be included in the procurement agreements with suppliers. 4. Assessment of Key Potential Labor Risks Project activities: Public Works / Component 1 Under the public works programme, qualified households will be expected to provide labour for the implementation of various small community infrastructure services, urban greenery, solid waste management, urban agriculture and others to create community assets. The identification and siting of potential sub-projects under the public works will be guided by the Project Implementation Manual and public work guideline which prescribes the eligible activities under public works to be implemented. The Project Implementation Manual proposed the public works undertaking of this project to be: (i) urban greenery, (ii) waste management, (iii) watershed management and disaster prevention, (iv) small community infrastructure (as part of a larger plan such as the riverside initiative in Addis Ababa, and (v) urban agriculture. The health and safety risks to which the community workers may be exposed from each type of sub-project will be assessed, including the ability to prevent or eliminate such risks. If the risks cannot be prevented or eliminated, measures to protect community workers from exposure will be explored. This will be done through the environmental and social screening process of each sub-project as indicated in the environment and social management framework (ESMF) of this project. Potential risks that may arise from the nature of activities to be undertaken include: • Bites from snakes; • Falling of rocks and stones during PWs; • Injuries from cutting bushes etc. • Fall from height; • Mudslide/landslides; • Cuts and bruises from sharp objects; • Working in confined spaces e.g. culverts; • Child labour; • Gender based violence/sexual exploitation and abuse; • Ergonomic hazards due to lifting of heavy loads 6 The project will address these risks by including site-specific risk mitigation provisions into the environmental and social management plan for the sub-projects based on sector-specific risks and suggested mitigation measures outlined in the PIM. Some of the mitigation measures will include provision of personal protective equipment to individuals working on high risk activities or locations. The risk of child labor will be mitigated through certification of workers age using legally recognized documents such as City Identification Card. In circumstances where these documents are not available, an Affidavit of Birth will be used. Further, awareness raising sessions will be conducted regularly to communities to sensitize on prohibition and negative impact of child and forced labor, GBV, sexual exploitation and abuse. Subproject-wide sanctions may be applied in case of identified non-compliance with noted requirements. Table 1 below presents a summary of the possible mitigation measures for the potential identified risks. Table 1: Summary of the possible mitigation measures for the potential identified risks Potential Risks Proposed Mitigation measures Possible accidents or emergencies • Sensitization of workers and the community for example because of falling or • Provision of first aid training and well stocked kits slipping, snake or insect bites, cuts • Ensuring that the working is safe according to Occupation Health and Safety and bruises from sharp objectives, requirements among others • Installation of warning signs and barricades • Provision of appropriate personal protective equipment (PPE) The conduct of hazardous work, such • Provision of harnesses and scaffolds as working at heights or in confined • Adherence to established labor laws e.g. working hours, leave entitlements, spaces, use of heavy machinery, or compensation use of hazardous materials • Promote understanding and implementation of occupational health and safety requirements for public works such as waste management, infrastructure or urban Ergonomic hazards due to lifting of greenery heavy loads, Working long hours • Provision of compensation for serious injuries Likely incidents of child or forced • Sensitization to beneficiaries and the community on child and forced labor labor, including through primary • Contractual clauses for firms not to engage under age labor suppliers • Certification of ages and removal of any identified child GBV, Sexual Exploitation and • Sensitization beneficiaries and the community on the risks and prevention of GBV, Abuse, the risks that compromise Sexual Exploitation and Abuse, contracting including HIV child protection and the transmission • Provide equal employment opportunities, promotion of fair treatment and non- of HIV discrimination • Screening and close supervision of all workers who will be in contact with children, for instance under those supporting the urban destitute or provider of mobile child care services • Include specific and binding clauses in all the codes of conduct and contracts • Sensitization and awareness raising through various channels on HIV and AIDS • Women and girl’s empowerment Social cohesion and other risks • Community and beneficiary sensitization associated with IDPs • Communication of workers’ rights and responsibilities • Consultative methods of beneficiary identification • Promotion of fair treatment, standardized procedures, non-discrimination and a respectable work environment Youth Employment / Component 2 The provisions outlined above are equally risks for youth employment. Depending on the sectors in which apprentices will work, additional risks may be identified. The PIM will outline the different sectors of engagement and potential associated risks. As noted above, respective apprenticeship agreements will 7 outline the requirement for the hiring firm to ensure site-specific, adequate health and safety provisions in line with the assessment in the PIM. The PIM will also include a list of excluded sectors, such as arms manufacturing, high-risk construction sites, protracted exposure to chemicals, etc. Direct Support and Urban Destitute Support / Component 3 High standards are required for employments under component 3, both for civil servants/social workers as well as contracted workers working for NGOs implementing the subcomponent on homeless people. While the risks outlined above may only partially be applicable to this type of work, identified risks are emotional stress, physical and sexual violence, exploitation and abuse, and/or risk of infections with communicable diseases. For civil servants/social workers, the Ministry of Labor and Social Affairs will make respective provisions in its operating procedures, to be summarized in the PIM. For contracted third parties, the bidding documents for NGOs will require the development of a risk profile and respective mitigation measures, including awareness campaigns in shelters, trainings for their employees, conflict-sensitive infrastructure, emergency protocols, etc. 5. Brief Overview of Labor Legislation 5.1. Ethiopian Labor Legislation The Proclamation No. 377/2003, the Labor Proclamation, Part 7 provides a framework for the conditions of employment in workplaces as regards to safety, health and directs the prevention of accidents occurring to persons employed or authorized to enter the sites of work or the general public; through implementation of identified mitigation measures for the specifically identified potential hazards to safety and health. The Proclamation specifically states the responsibilities of the worker and the obligation of the employer, all of which will be adhered to under this project. The Labor Proclamation also provides the framework for workers management and the protection of their rights. The Proclamation regulates employment matters in terms of minimum wages, fair labor practices, non-discrimination and prohibition of employment of children. It also promotes sound labor relations through protection and promotion of freedom of association, encouraging collective bargaining, settling labor complaints and disputes, establishment of disputes handling machinery in organization. 5.2 . World Bank Standard on Labor and Working Conditions ESS2 recognizes the importance of employment creation and income generation in the pursuit of poverty reduction and inclusive economic growth. Borrowers can promote sound worker-management relationships and enhance the development benefits of a project by treating workers in the project fairly and providing safe and healthy working conditions. The objectives of ESS2 are: • To promote safety and health at work. • To promote the fair treatment, nondiscrimination and equal opportunity of project workers. • To protect project workers, including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with this ESS) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate. • To prevent the use of all forms of forced labor and child labor. • To support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law. • To provide project workers with accessible means to raise workplace concerns 8 Respective requirements under ESS2 refer to: • Working conditions and management of worker relationships including (a) terms and conditions of employment, (b) non-discrimination and equal opportunity, and (c) workers organization • Protecting the work force encompasses the prohibition of forced and child labor • Grievance Mechanism outlines the requirements of a GRM accessible to workers • Occupational Health and Safety Project Standards In case of deviations between Ethiopia’s labor regulations and the World Bank’s ESF, the project will follow the more stringent standard. The project shall ensure that appropriate mechanisms for prevention and mitigation are being implemented, such as to ensure that workers are properly instructed and notified concerning the hazards of their respective occupations and the precautions necessary to avoid accident and injury to health. Organizational measures, see below, include assigning a safety officer and establishing an occupational, safety and health committee. Additional costs, such as the provision of PPE will be carried by the Project for public works and by the firms and contractors for components 2 and 3. In addition, there shall be established steps to respond to and report of any accidents, emergencies or incident which may occur in relation to implementation of activities. Similarly, workers are expected to cooperate and comply to the procedures, measures and steps. 6. Occupational Health and Safety Ethiopian regulations on Occupational Health and Safety The National Policy and strategy on Occupational Safety and Health (OSH) was endorsed by the FDRE Council of Ministers in July 2014. The OSH policy and strategy was prepared to implement the rights of Labour as stipulated in article 42(2) of the Constitution and also implement the requirements of International Conventions on Occupational Health and Safety (No.155) to which Ethiopia is a signatory. The overall objective of the national OSH Policy and strategy is to avoid, prevent or minimize occupational and health hazards by providing effective OSH services in all working places and thereby contribute to the socioeconomic development of the Country. The guiding principles of the National OHS policy and strategy are stated as the following: a. Occupational Health and Safety Services are basic rights of workers b. Occupational Health and Safety Services are necessary in all working places c. Occupational accidents and health hazards can be prevented d. Tripartite and bipartite cooperation and coordination are key instruments for the national OHS policy and strategy implementation. The Specific objectives of the National OHS policy and strategy include: e. To ensure availability and accessibility of OHS services in all economic activities including in the informal work sectors f. To prevent occupational safety and health hazards by establishing a tripartite and bipartite consultation and coordination mechanisms g. To establish OHS systems that pays attention to those workers who seek special assistance (e.g: Women, youth, persons with disabilities, HIV patients, etc.). 9 h. To prevent the environment, public and workers health by preventing the release of pollutants from the work places. The strategy of the national OHS policy includes: a. Establishment of an effective and accessible work conditions inspection mechanism that is focused on prevention. b. Formulating and implementing national regulations and standards on OHSand updating and improving it periodically. c. Integrating and implementing OHS protection principles in all national development plans d. Establishing control and inspection mechanism that ensure prevention of occupational and health hazards to workers and impacts on the environment from occurring due to import. Use or disposal of machineries, raw materials or chemicals in workplaces. e. Establishing a mechanism to ensure OHS services are provided in the private sector f. Establishing a mechanism to ensure provision of advices and technical support on OSH are provided by Organizations. The national OHS policy and strategy is applicable to all types of workplaces and economic activities in Ethiopia. World Bank Occupational Health and Safety (OHS) Standards The requirements of the World Bank Environmental and Social Standards pertaining to Occupational Health and Safety will be complied to. Component 1: Public Works In component 1, this will be through conducting site-specific risk assessments, as well as identifying and implementing of appropriate risk prevention and mitigation measures. Where risk prevention and mitigation require the provision of personal protective equipment (PPE), appropriate PPE will be provided to workers who are tasked to carry out activities on high risk tasks or areas. Such PPE will be identified during development of site-specific environmental and social management plans (ESMPS) which will be based on environmental and social screening for each sub-project. The project will also provide first aid training to designated members persons in each subproject responsible for overseeing health and safety issues at subproject sites. The training will also include adapted skills and knowledge on how to set up First Aid Kits in sub-project sites from locally available materials and resources. Cost for procuring PPE and First Aid Kits will be included in the subproject budget. Participating cities project offices will be responsible for procurement of these items. They will also maintain a stores ledger book where all tools procured will be recorded and monitored. Relevant stakeholders will be engaged during the process of identification and implementation of health and safety measures, including conducting risk assessment in all locations where risky work will be conducted, the identification and provision of necessary PPE, as well as continuing safety training, monitoring and sharing of information. Recommended OHS risk prevention and avoidance options include: • Training of workers in lifting and materials handling techniques in public work subprojects • Training and use of temporary fall prevention devices 10 • Providing safe means of access and egress from excavations, • Design waste collection routes to minimize crossing traffic • Provide and require use of suitable personal protective clothing and equipment; • Provide worker immunization and health monitoring (e.g. for Hepatitis B and tetanus); • Provide prompt medical attention for cuts and bruises. The reporting procedures is annexed under Environment Social Framework (ESMF) another document prepared for this project. Further a risk assessment tool which will be used for identifying hazards and potential prevention mitigation measures in all sub project locations is annexed to this LMP. Moreover, the project will use the OHS guideline that was prepared for the current project. Component 2: Youth Employment: Specific risk assessments will be required for each sector and appropriate risk prevention and mitigation measures will be identified and implemented for the apprenticeship sites. The project will ensure that measures are put in place by the employers to promote safety at work (including provision of PPE and relevant training if the work takes place in a high-risk setting), fair treatment, nondiscrimination and equal opportunity of the apprentices. Additional measures will be required to ensure that vulnerable apprentices such as women and persons with disabilities are protected, including access to appropriate mechanisms for grievance redress. Component 3: Destitute Component For workers under this component, mainly social workers and third-party workers from NGOs and firms contracted to provide services for the urban poor and destitute, the project will ensure that they adhere to national and World Bank standards of OHS. This includes the guarantee of basic workers’ rights, safety at work, non-discrimination and fair treatment. 7. Age of Employment As stipulated above, the Labor Proclamation, the minimum age of employment in Ethiopia is 18, which is also stipulated in the International Labor Organization Conventions (138) on minimum age. These two legislations prohibit the employment of underage children. However, according to Chapter 2, article 89, children between the ages of 14 and18 (young workers) can participate in light work so long as it does not interfere with the child’s education or harm the child’s health or physical mental, spiritual, moral or social development. Under this project, children under the age of 18 will NOT be allowed to participate in any of the work- related activities (e.g. public works activities, the apprenticeships, nor direct or contracted engagement) across all components. As selection of public works households as well as apprentices will be guided by the provisions in the PIM, additional measures will be administered to ensure that children are not included. The following documents will be considered to verify the age of project worker: 1. The National/City Identity card; 2. Birth Certificate; 3. Project identification card (pass book) The following procedure will be followed if underage worker (s) is (are) found in the public works or apprenticeship activities: • Household labor capacity assessment will be conducted; • Failing to demonstrate eligible labor capacity the household will be removed; 11 • The Household then will be referred to relevant alternative safety net activities under the project such as Direct Income Support, as possible. • If households have the respective labor capacity, then the household will be sanctioned by removal from the project activities with no further eligibility for benefits under the project. • The household may appeal to this process under the grievance redress mechanism. In addition, awareness raising activities will be conducted regularly with the communities to sensitize them on prohibition and negative impact of child and forced labor. 8. Terms and Conditions The project will involve three main categories of workers namely: Direct Project Workers, Contracted Workers, and Community workers. Overall description of conditions is outlined in Chapter 3 The government officials at the federal, city and sub city, woreda and kebele levels as well as the project officers who are employed and deployed to this project constitute the direct workers. The terms and conditions of civil servants are guided by the national civil service regulations and other labor and employment legislation. The project officers are guided by terms and conditions of their contractual agreements. The PW beneficiaries and the apprentices will be guided by the Project Implementation Manual and Guidelines, which stipulates among other things, the eligibility criteria to participate in the public works and apprenticeship. Apprentices will also be guided by the conditions of the apprenticeship by their hiring firms which align to this project via the tri-partite apprenticeship agreement (see above). Other terms and conditions to guide management of public work beneficiaries enrolled under public works will include: ▪ PW beneficiaries must be selected and enrolled as ultra-poor household with labour capacity; enrolment is voluntary; ▪ Eligible members must be resident in the respective catchment area and be between the age of 18 and 60; ▪ Enrolled households should be willing and able to undertake at least four hours of work per day for a period of 12 days in a month for labour intensive activities; ▪ Payment of cash transfers will be done monthly and will be conditional to completion of work as per agreement within the project plan and work allocation per households; ▪ Failure to participate in public works (unexcused) will lead to forfeiting of payment. Project supervisors are tasked to assess compliance of participation requirements; The bidding and contractual documents for component 3 will refer to this LMP and respective requirement to follow Ethiopian and WB standards for their contracted workers. 9. Responsible Staff The Ministry of Labor and Social Affairs (MoLSA) is responsible to ensure industrial peace, maintain employee’s health and safety at workplace, improve working condition and environment, promote efficient and equitable employment services; and maintain developmental social welfare of citizens. Implementing Occupational Safety & Health, Public Safety and Social welfare protection activities, prevention of child labor is also among the mandates, roles and responsibilities of their Ministry. Overall the Ministry has the following powers and duties to: 12 • With a view to ensuring the maintenance of industrial peace (a) Encourage and support workers and employers to exercise their rights to organize and collective bargaining; (b)Encourage the practice of participating in bilateral forums between workers and employers and tri-partite forums including the government; and (c) Establish efficient labor dispute settlement mechanisms; • Issue and follow up the implementation of occupational health and safety standards • Create conducive conditions for the provision of efficient and equitable employment services; determine conditions for the issuance of work permit to foreigners, issue such permits and incorporation with the relevance bodies, supervise compliance there with; regulate the provision of foreigners employment service to Ethiopians; • Undertake studies on manpower employed in the formal and informal sectors, unemployed manpower and occupational classifications in the country collect, compile and employers’ unions established at national level; • Register workers’ and employers’ unions established at national level; • Register workers’ unions and collective agreement relating to federal public enterprise situated in cities accountable to the federal government, and carry out labor inspection services in such enterprise; provide conciliation services to amicably settle labor disputes arising between employers and employees; • In corporation with the concerned stakeholders, undertake and facilitate the implementation of studies on ensuring and improving social well-being of citizens in particular on; (a)The creation of enabling condition for persons with disabilities to benefit from equal opportunities and full participation; (b)The provision of care to the elderly and the encouragement of their participation and (c)The prevention of social problems and provision of rehabilitation services to the affected. Regional governments have established bureaus/agencies responsible to implement the national vision and set mission of the Ministry. Woreda and town administrations have offices whose responsibility is investigation and supervision of manufacturing plants to ensure that all stakeholders are adhering to Proclamation 377/2003. Ensuring rights and interest of persons with disabilities and the elderly is included in policies and laws of federal and regional governments and are mainly the duty of the Ministry. By the same token even though the implementation of the National Social Protection strategy is a consorted effort of all government organs, the responsibility mainly falls on the Ministry. In addition to Ministry of Labour and Social Affairs, the Ministry of Construction is responsible to ensure public and workers safety at construction sites. Regional governments have adopted different approach to establish a body responsible for the construction sector, as a department within the bureau of urban development, housing and construction (Amhara region) or an independent bureau of construction (Oromia region. The National Policy and strategy on Occupational Safety and Health (OSH) was endorsed by the FDRE Council of Ministers in July 2014. The OSH policy and strategy was prepared to implement the rights of Labour as stipulated in article 42(2) of the Constitution and also implement the requirements of International Conventions on Occupational Health and Safety (No.155) to which Ethiopia is a signatory. The overall objective of the national OSH Policy and strategy is to avoid, prevent or minimize occupational and health hazards by providing effective OSH services in all working places and thereby contribute to the socioeconomic development of the Country. 13 The UFSJCA PCU under the Ministry of Urban Development and Construction, and the project team to be established at the Ministry of Labor and Social Affairs which are the lead implementing agencies of the project will assume overall responsibility for management of workers in the project. However, implementation of the project will be done in collaboration with several other stakeholders at Federal, city and city and sub city, woreda/ kebele and community Level, including contractors and subcontractors who will also be expected to assist in management of workers within their respective areas of jurisdiction in the project. Therefore, successful management of project workers will entail clear definition of roles and responsibilities of all the key players and stakeholders at all levels. Federal Level The UFSJCA in collaboration with participating city administrations and their woreda /kebele level offices, in collaboration with MoLSA project team will be responsible for: • Preparing necessary guidelines, procedures and forms as needed, • Building capacity and sub city of staff at the city and city and sub city level on labor management issues • Provision of expert advice on labor management, • Carrying out enforcement and monitoring role as stipulated by law, • Carrying out periodical review of labor and working conditions • Facilitating training for staff who will administer this LMP at city and sub city level • Providing funding for implementation of Labor Management Procedures at city and sub city level • Monitoring and supervision of contracted service providers to ensure that management of their workers comply with the agreements in the contract Component 1: Public Works City and sub city Levels The city/woreda and kebele level officers and committees will be responsible for management of community workers at the city and sub city levels. The city and sub city Labor Officers who are also members to these committees will take the lead in coordination of labor management issues in the project at district level. Among other roles, their responsibilities will include: • Training of staff on labor management issues related to the project; • Monitoring and supervising community workers to ensure compliance with occupational and community health and safety procedures for prevention of accidents; • Administration of relevant forms • Preparation of quarterly monitoring reports; • Other tasks Community Level Kebele/ Woreda level project staffs in participating cities will be responsible for management of community workers at woreda level and will be responsible for: • Raising community awareness on labor management practices and safety procedures • Monitoring and supervision of implementation of labor management procedures in subproject sites • Preparation and submission of quarterly monitoring reports on labor management issues from their areas to the keble labor officer • Other tasks 14 Public Works Subproject Site At each subproject site, a person shall be appointed to be responsible for ensuring compliance with labor and community health and safety procedures among the workers at their subproject site. This will also include monitoring upwards to ensure that the employer is compliant as well as supervising pers to reinforce cooperation and compliance. Component 2: Youth Employment Management and supervision of the apprentices will be the responsibility of the UJCFSA in collaboration with the employer associations contracted and the respective firms providing apprenticeships, including administrative responsibilities and ensuring that the apprentices achieve the learning outcomes according to mutually agreed terms of employment between the apprentice, the employer and the project representative. Overall supervision of the employers will be provided by UJCFSA to ensure adherence to learning curriculum of the apprenticeship program, OHS and overall labor standards. Component 3: Direct Income Support and Homeless Support The NGO service providers for the homeless support will be managed by the firm contracted by the project to support the MoLSA project team in the monitoring, supervision of implementation of the provision of social protection. However, the MoLSA project team will be responsible for the overall management of the contracted firms, and the social workers at city level will be responsible for the case management of direct support beneficiaries and monitoring the performance of Contracted NGOs. 10. Grievance Redress Mechanism The project recognizes the vulnerability of the target communities, beneficiaries and the different types of workers to be involved or affected by the project. In this regard, the project will strengthen the Grievance Redress Mechanism that was established under UPSNP. The Grievance Redress and Management Committees, which were established at kebele/woreda, and city levels, will be reorganized and adequately capacitated. The GRM will also be extended to the national level and be expanded to handle all types of grievances arising from implementation of all the project including work related grievances. The GRM will have dedicated focal persons at the federal level responsible for grievances coming from all of the three components. Component 1 : Public Work and Livelihood Support In the case of PW safety net beneficiaries(community workers), the Kebele/ Woreda level will be the first opportunity for resolution of grievances through discussion and mutual agreement between the project- affected person and members of the sub-project implementation committees. Each keble/woreda level GRM committee will facilitate receiving, recording and resolution of grievances at their project site through a designated member of the committee. The PW beneficiaries will be sensitized to put-forward their grievances or concerns about anyone or anything related to the project through appropriate channels. PW beneficiaries will be able to register their grievances through a channel of their choice including: - Face- to-face meetings with GRM committee members, city level staff, and national staff during visits to their project site; - Grievance boxes and desks to be set up at pay points during pay-parades; 15 - Written letters, E-mail or SMS and hotline services. Upon receipt of the grievance, the Woreda GRM committee shall assess the grievance to establish whether it could be resolved locally or needs to be referred to the next level. Where possible, the Woreda GRM committee shall attempt to resolve and close the matter if the complainant is satisfied with the resolution. Where the matter has failed to be resolved or where it is deemed to be beyond the capacity of the Woreda GRM committee, the matter shall be referred to the city level GRM Committee or another relevant institution for further redress. The complainant will be informed, and the determination will be appropriately recorded in a grievance register, as part of the project’s Management Information System (MIS). Upon receiving a written referral from the Kebele/woreda GRM, the City GRM Committee shall also attempt to resolve the matter by convening concerned parties where possible. The same process will be repeated with further referral levels until the case is resolved. Composition of GRM committee at kebele/ woreda level shall include local Kebele administration or council member; persons represented from the subproject beneficiaries (community workers), elected community elders, members of local youth and women groups, staff from one stop shop centers (OSSC) and social worker from the Labor and Social Affairs office. This venue will help to resolve issues and complaints of affected person at the earliest point to make the process faster and cost effective. In events where aggrieved party not satisfied by decisions made at Woreda/Kebele Grievance Redress and Management Committee (GRMC), the cases shall be referred for review and re - consideration to Grievance Redress Committees at City level. The City Level GRMC shall be composed of representative from the City Council, officer from the UFSJC, representatives from beneficiaries, elders, traditional and religious institutions, youth and women groups, staff from OSSCs and officer from the City level Labor and Social Affair office. In events where the grievance not resolved at the city level, then affected party shall be advised to take the cases to the regular court for final decision. GRM committees at all level will have a focal person preferably woman to receive and report issues respective to their institutions. The following will serve as a focal person for the project. Representative from food security and job creation office at all level, social worker, staff from the OSSCs. For GBV/SEA related cases the focal persons of respective component will immediately report to their respective city level PCU and to FPCU then to the World Bank. Moreover, the focal persons will refer the survivors to relevant service providers. Detail GBV referral mechanism is indicated in the GBV assessment report. The GRM for the UPSNJP is complimentary to other existing grievance redress mechanisms within the legal and administrative structures. Such existing mechanisms include Courts, Police, Anti -Corruption Office, Human Rights Commission, and City Administration Complaint Handling Units. Project affected parties shall also be informed about the existing legal and formal mechanisms and be allowed to make use of them when and wherever they find it necessary. This would also assist in creating alternative space for project-affected parties who would otherwise not be able to voice out their concerns through the established UPSNP GRM structure for fear of reprisals despite repeated assurances of protection. Specific GRM provisions for apprentices under Component 2 Given that the project involves different actors, including job seekers, firms, service providers and government institutions, there is a wide range of scope for grievances to occur throughout the project cycle. Job seekers and firms could hold grievances and voice complaints at different stages of the project cycle, including at selection, placement, apprenticeship and post-apprenticeship stage. In order to redress these grievances as much as possible, GRMs will be established at national and local level. In addition, the GRMs will be promoted as much as possible as part of a communication campaign 16 and trainings to ensure job seekers and firms are aware of channels through which they could voice their grievances and complaints. At the national level, the PCU will establish a system for the receipt, recording and referral of complaints and grievances. This will include a dedicated SMS complaints number, an online platform and a toll-free line (TBD) through which beneficiaries and firms may lodge complaints. The PCU will dedicate an officer to manage the receipt, recording and referral of complaints and grievances. The officer may refer the complaints to the service providers or to relevant city offices. For cases that have been referred previously but have not been resolved, the officer may escalate these directly to the National Steering Committee (NSC) for review and resolution. The NSC will have, among others, a youth and private sector representative. Through this representation, general cases of complaints and feedback from existing youth representation structures (youth groups, committees, etc.) and private sector associations may be brought directly to the NSC for discussion and resolution. At the local level, the Grievance Redress Committee (GRC) will be the human entry point for all grievances and complaints. Youth representatives and staff from OSSC will be members of the GRM committee at the woreda/Kebele level. An OSSC staff member, preferably a woman, will be the focal person for all grievances including GBV/SEA coming from component II. A committee at local level meets twice in a week to discuss and review complaints, including complaints received at the one stop shop center (OSSC) through the complaints box. In case the matter is technical, the committee resolves it at local level. If it is an administration or policy-related complaint, it is referred to city office. This process is overseen and guided by the city offices. The city office will be in charge of training, information and supervision to make sure the focal person and the GRM committee are capacitated to receive, review and process complaints. In addition, when complaints are referred to the city level, city offices will provide a solution if possible. If this is not possible, the city office will forward the complaint to the PCU. Both at the national and woreda/Kebele level, the system that will be used for the receipt, recording and referral of complaints and grievances need to be integrated with the MIS. Complaints received directly through the toll-free line, SMS or online mechanisms will be recorded directly into national level MIS and referred for resolution by the relevant offices. Specific GRM provisions for contracted workers under Component 3 Functional workers’ grievance mechanism will be established for those working in t he NGO service provider for the homeless support and contracted workers. Workers GRM committee will have five members comprised of one person from the contracted NGO human resource management department, one from workers representative, one from local administration, one from women and children affairs office and one representative from social and labor affairs and a focal person for the GRM. The person from the Labor affairs office will be a focal person and responsible for collecting grievances including complaints submitted through complaint box and SMS. Complaint boxes will be available in a place convenient and accessible to works. Moreover, the contracted NGO will assign a dedicated telephone line to receive complaints through SMS. The committee meets twice in a week to discuss and review complaints, including complaints received through the complaints box and SMS. Any dissatisfied party with on the decision of the GRM the person can take its case to the respective regional Bureau of Labor and Social affairs office. For incidents such as GBV and sexual exploitation, the GRM should immediately report to the Federal PCU and the survivors should be referred to the appropriate service provider as identified in the gender-based 17 violence risk assessment report. For detail information, please read the GBV risk assessment report annexed to the ESMF, another social and environment risk management document prepared for the project. However, grievances related with contracted workers and social workers involved in case management will be handled by the labor and social affairs offices at each level. Additionally, all reported cases that are found to be criminal in nature, such as physical abuse, child labour, theft and corruption, are substantively different from other project related complaints that will be typically handled through the grievance redress mechanisms. Information and cases of such nature shall be handled in a special way within the GRM to ensure that the information is treated as confidential and shall be immediately reported to the police for further actions. Communities shall also be sensitized to report criminal cases directly to the police. For incidents such as GBV and sexual exploitation, the GRM should immediately report to the Federal PCU and the survivors should be referred to the appropriate service provider as identified in the gender-based violence risk assessment report. For detail information, please read the GBV risk assessment report annexed to the ESMF, another social and environment risk management document prepared for the project. Court Option Where the case not closed at city /regional level, the project affected households/persons shall be advised to take the case to court system and the decision made by the Court of Law shall be final 10.1. Key activities in the grievance redress process The GRM process of UPSNJP will consist of five key activities, which will be performed in managing the grievances for the project. These key activities include: 1) Complaint uptake 2) Grievance Registry 3) Complaint assessment and analysis 4) Resolution and closure 5) GRM Monitoring and Evaluation. 10.2. Complaints Uptake The UPSNJP GRM has provided multiple options for submission of grievances by project-affected persons in order to minimize barriers that may prevent others from forwarding their issues. These channels include the following: (a) Face to face: This may be verbal or written submissions done at any time through face to face interactions with members of committees, program officials, local administration structures. (b) Grievance box: Grievance boxes placed in strategic places of project implementation sites or communities where project affected parties would drop in their grievances at any time. These will also be made available at pay-points when payments being delivered (c) Letter, Phone Call or SMS: This will be at project affected parties own discretion and capability. Where possible, details of relevant immediate contact persons in the project area shall be made available. 18 10.3. Case Assessment and Analysis When a complaint is received, a maximum of fifteen Days (15) days will be provided for the GRMC to access, analyze and respond to the affected person. This is so to make sure that grievances/complaints are resolved as early as possible. Once complaints received, the GRM committees shall assess the issues by looking at, among other factors, the following: - Whether the complaint or grievance is related to the project or not, - Whether the case can be ably handled at their level or another, - Whether the case can effectively be handled through the project GRM or alternative mechanisms, Where possible, provision of instant feedback will be made depending on the nature of the cases. If for whatever reason the committee determines that it cannot ably handle the complaint, PAPs shall be advised to channel their complaints to the right alternative grievance redress levels or institutions. Otherwise, it will proceed to hear the cases and make necessary investigations to establish the truth of the matter. 10.4. Case Resolution and Closure Where a resolution has been arrived at and the affected party accepts the resolution, the affected party along with two members of the GRMC members (preferably Chairperson and Secretary) shall be required to sign the resolution and closure section in the Grievance Log and Resolution Form as attached in Annex. This shall signify that the complaint or grievance that has been presented has been fully discussed and closed. 10.5. GRM Registry and Reporting All grievances received will be publicly entered into an accessible recording system known as the GRM registry that shall be maintained at all the GRM committee levels. The log and resolution form shall be in triplicate. For any case heard, closed or referred, a copy of the case shall be sent to the upper and lower levels for records. For example, if the case is handled and resolved at Sub city /Woreda level, one copy of the resolution record shall be sent to the city and another copy shall be sent to the Kebele/ketena GRMC for official records. Similarly, if a case is handled and resolved at City level, a copy of the resolution shall be sent to the Woreda and another copy shall be sent to subproject level Grievance Redress Committee to notify them how the referred case is handled and resolved. This shall enable the City, Woreda/Kebele and subproject level committees to keep a registry of all cases recorded and handled by any GRM committee in their area. Using this information, the GRM monitoring officer will be able to generate a matrix of cases and agreed resolutions to make available for follow-ups and monitoring if the resolutions being implemented. 10.6. Capacity building trainings for GRM Committee The project will develop a capacity development plan for all the GRM responsible bodies and ensure that the GRM committees receive adequate training on their roles and responsibilities as well as the overall procedure of the GRM. Further, the project will ensure that adequate resources are available for GRM. On GBV/SEA, there is need to ensure that GRM procedures and mechanisms for reporting allegations of GBV/SEA are known to all GRM Focal Persons. And most importantly to fulfil the role of addressing GBV, focal persons should be trained (and/or have previous knowledge and experience) on GBV Guiding Principles including those of confidentiality and safety of 19 complaints/survivors, on the survivor -centred approach. This set of skills will help GRM Focal Persons to support the quality of the complaint mechanism, while at the same time ensuring the adherence to GBV Guiding Principles and a survivor-centred approach, including right to safety, respect, and confidentiality, of the complaint intake and management. 10.7. Promotion of the GRM The GRM messaging will be incorporated into the wider USNJP Communications Strategy. Information on the various channels to submit grievances, complaints, and concerns will be publicized through meetings, monthly information brochures and posters explaining the GRM process in languages understood by employees and through one on one meetings during recruitment. Those posters will be displayed inside of each working site and suggestion boxes will be also available in each site. Meetings will be held at least quarterly; announcements will also be placed on notice boards. Other sensitization methods such as print media as well as electronic media such as adverts on local radio will be used. Core messages for the GRM are: • The availability of free grievance mechanism that workers can use to submit their complaints. • Availability of several options (face to face, complaint box and SMS) to submit their grievances • No financial charge for making a complaint • Complaints are treated confidentially; and person will not get in trouble for complaining; • The right to make an anonymous complaint but note that no response shall be sent to them and; • Complaints are treated confidentially. For GBV related grievances the project will provide the following additional information: How to report a GBV incident and to whom; what to expect in terms of available services; what to expect in terms of confidentiality and the available GBV services. 11. Contract Management The project anticipates contracting various service providers. The service providers will have personnel who will be involved in the implementation of specific activities of the project. In order to ensure fair competition and transparency, the selection of contractors will be based on the Government of Ethiopia’s Public Procurement procedures and World Bank procurement procedure which regulate the engagement of contractors. This includes: ▪ Competitive bidding through transparent open advertising ▪ Shortlisting and selection of contractors and ▪ Contractual signing The implementing agency will ensure that the requirements of the Environmental and Social Standard (ESS 2) on labor and working conditions and non-compliance remedies are incorporated into contractual agreements. Contractors will be required to develop and sign a contractors’ ESMP that will also include issues of code of conduct, GBV, SE, child and forced labor, child protection and accessibility of GRM at contractor’s worksite. Similarly, the agency will ensure that issues 20 concerning subcontracting are done with the written consent of the Government. In ensuring that there is compliance with the requirements of ESS 2 by service providers, the project will regularly monitor and evaluate activities of contractors in line with the project’s M & E framework. The project will also ensure that there is comprehensive and continuous awareness raising among workers, of their entitlements. 12. Codes of Conduct Code of conducts aim at preventing and/ or mitigating social risks within the context of the project. The social risks that may arise include but not limited to GBV, SEA, child protection, spread of HIV, social cohesion plus other risks associated with the project, as well as community and occupational health and safety. While this document provides sample code of conduct for workers, the PIM will provide detail information and respective code of conduct for workers that will be engaged all components. Direct workers All direct workers under the project (both, civil servants and workers on contract-basis) will sign a respective code of conduct as outlined in Annex 2. Component 1: Public Work beneficiaries PW beneficiaries engaged in the public works program under component 1 will ensure decent behavior towards their colleagues as well as towards direct project workers and other community members. A respective code of conduct will be signed as part of their enrolment procedure. The template can be found in Annex 2 Component 2: Youth Employment A code of conduct outlining both, the behavior of the apprentice as well as the requirements towards the firm will be included into the tri-partite-agreement/contract as noted above. The template can be found in Annex 2. Component 3: Direct Income Support and Homeless Support Under this component, social workers under the civil servants as well as the contracted workers supporting households with direct income support and working with the urban destitute will sign the code of conduct in Annex 2. To ensure protection of the most vulnerable in shelters and on the streets safeguarding them against social risks, the CoC will be included into the contracting agreements with NGOs and the contracted firm. 21 LIST OF ANNEXES 22 ANNEX 1 RISK ASSESSMENT TOOL What are the hazards? Who may be harmed What are you already What further action How will you put and how? doing ? is necessary? The assessment into action? Spot hazards by: Identify groups of List what is already in You need to make sure Remember to prioritise. people. Remember: place to reduce the that you have reduced Deal with those hazards that ■ Walking around the ■ Some workers have likeli-hood of harm or risks “so far as is are high-risk and have workplace; particular needs; make any harm less reasonably serious consequences first. ■ Asking workers what ■ People who may not serious practicable”. An easy they think; be in the workplace all way of doing this is to ■ Checking safety the time; compare what you are instructions; ■ If you share your already doing with best ■ Contacting your work- place think practice. If there is a supervisors about how your work difference, list what Action Action Done affects others; needs to be done by by Don’t forget long-term ■ Members of the whom when hazards public Say how the hazard could cause harm Review your assessment to make sure you are still improving, or at least not sliding back Review Date: If there is a significant change in your worksite, remember to check your risk assessment and where necessary, amend it Assessment completed by: Signature: 23 ANNEX 2 Sample of a contractors Code of Conduct For Sub- Projects Under the Ethiopia Urban SafetyNet and Jobs Project 1.0. AIM OF THE CODE OF CONDUCT The main aim of the Code of Conduct is to prevent and/or mitigate the social risks within the context of development interventions for the USNJP. The Codes of Conduct are to be adopted by contractors, NGOs and other enterprises selected for the apprentice program. The social risks that may arise include but not limited to Gender Based Violence (GBV), Violence Against Children (VAC), HIV and AIDS infection/spread, and occupational health and safety. 2.0 KEY DEFINITIONS The following definitions apply: Gender-Based Violence (GBV) This is defined as any conduct, comment, gesture, or contact perpetrated by an individual (the perpetrator) on the work site or in its surroundings, or in any place that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to another individual (the survivor) without his/her consent, including threats of such acts, coercion, or arbitrary deprivations of liberty. Violence Against Children (VAC) This may be defined as physical, sexual or psychological harm of minor children (i.e. under the age of 18), including using for profit, labour, sexual gratification, or some other personal or financial advantage. This also includes other activities such as using computers, mobile phones, or video and digital cameras appropriately, and never to exploit or harass children or to access child pornography through any mediums. Child Labour This involves employment of underage. Any person under the age of 18 should not be employed in the project sites. Child Protection (CP) An activity or initiative designed to protect children from any form of harm, particularly arising from VAC, and child labour. Child The word is used interchangeably with the term ‘minor’ and, in accordance with the United Nations Glossary on Sexual Exploitation and Abuse, refers to a person under the age of 18. Grooming This is defined as behaviours 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 sexualise that relationship (for instance by encouraging romantic feelings or exposing the child to sexual concepts through pornography). Online Grooming 24 This is the act of sending an electronic message with indecent content to a recipient who the sender believes to be a minor, with the intention of procuring the recipient to engage in or submit to sexual activity with another person, including but not necessarily the sender. Survivor/Survivors This is defined as the person(s) adversely affected by GBV, VAC, and child labour. Women, men and children can be survivors of GBV, VAC, and child labour. Perpetrator This is defined as the person(s) who commit(s) or threaten(s) to commit an act or acts of GBV, VAC, and child labour. Work site This is defined as the area in which infrastructure development works are being conducted, as part of interventions planned under the ETUSNJP, funded by the World Bank. Work site surroundings These are defined as the ‘Project Area of Influence’ which is any area, urban or rural, directly affected by the project, or located within the distance of three kilometres’ radius from the work site and/or worker’s camps, including all human settlements found on it. Consent This word is defined as 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 through the use of threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. Any use of a threat to withhold a benefit, or of a promise to provide a benefit, or actual provision of that benefit (monetary and non-monetary), aimed at obtaining an individual’s agreement to do something, constitutes an abuse of power; any agreement obtained in presence of an abuse of power shall be considered non-consensual. In accordance with the United Nations, the World Bank considers that consent cannot be given by children under the age of 18, which is consistent with the legislation of the country. Mistaken belief regarding the age of the child and consent from the child is not a defence. Contractor This is defined as any firm, company, organisation or other institution that has been awarded a contract to conduct infrastructure development works in the context of the ETUSNJP and has hired managers and/or employees to conduct this work. Manager The word is used interchangeably with the term ‘supervisor’ and is defined as any ind ividual offering labour to the contractor, on or off the work site, under a formal employment contract and in exchange for a salary, with responsibility to control or direct the activities of a contractor’s team, unit, division or similar, and to supervise and manage a pre-defined number of employees. Employee This is defined as any individual offering labour to the contractor on or off the work site, under a formal or informal employment contract or arrangement, typically but not necessarily in exchange for a salary (e.g. including unpaid interns and volunteers), with no responsibility to manage or supervise other employees. Workers Committee 25 A team established by the Contractor to address GBV, VAC, child labour and other relevant issues with the work force. 3.0 CODES OF CONDUCT This chapter presents three Codes of Conduct (CoC) for use: 1. Contractors Code of Conduct: Commits the contractor to addressing GBV and VAC issues; 2. Manager’s Code of Conduct: Commits managers to implementing the Company Code of Conduct, as well as those signed by individuals; and, 3. Individual Code of Conduct: Code of Conduct for each individual working on ETUSNJP funded projects 3.1 Contractors Code of Conduct Contractors are obliged to create and maintain an environment which prevents social risks. They have the responsibility to communicate clearly to all those engaged on the project the behaviours which guard against any form of abuse and exploitation. In order to prevent Social risks, the following core principles and minimum standards of behaviour will apply to all employees without exception: 1. GBV or VAC constitutes acts of gross misconduct and are therefore grounds for sanctions, penalties and/or termination of employment and/or contract. All forms of Social risks including grooming are unacceptable be it on the work site, the work site surroundings, or at worker’s camps of those who commit GBV or VAC will be pursued. 2. Treat women, children (persons under the age of 18) and people with disability with respect regardless of race, colour, language, religion, political or other opinion, national, ethnic, cultural beliefs/practices, or other status. 3. Do not use language or behaviour towards men, women or children that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. 4. Sexual activity with children/learners under 18 (including through digital media) is prohibited. Mistaken belief regarding the age of a child and consent from the child is not a defence. 5. Exchange of money, employment, goods, or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour is prohibited. 6. Sexual interactions between contractor’s employees and communities surrounding the work place that are not agreed to with full consent by all parties involved in the sexual act are prohibited (see definition of consent above). This includes relationships involving the withholding, promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex. 7. Where an employee develops concerns or suspicions regarding acts of GBV or VAC by a fellow worker, whether in the same contracting firm or not, he or she must report such concerns in accordance with established Grievance Redress Mechanism (GRM) that protects the identities of victims and whistle-blowers. 8. All contractors are required to attend an induction prior to commencing work on site to ensure they are familiar with the social risks and Codes of Conduct. 9. All employees must attend a mandatory training once a month for the duration of the contract starting from the first induction prior to commencement of work to reinforce the understanding of the institutional social risks and Code of Conduct. 10. The Contractor shall ensure provision of financial resources and support compliance to occupation health and safety requirements for all workers. 11. The Contractor shall ensure that workers dress appropriately i.e. dress in a way that:- 26 • Is unlikely to be viewed as offensive, revealing, or sexually provocative. • Does not distract, cause embarrassment or give rise to misunderstanding • Is absent of any political or otherwise contentious slogans • Is not considered to be discriminatory and is culturally sensitive 12. The Company shall ensure provision of financial resources and trainings to prevent spread of HIV and AIDS. 13. The company shall comply with the national, international labour laws and all applicable laws. 14. All contractors must ensure that their employees sign an individual Code of Conduct confirming their agreement to support prevention of social risks activities. 15. The contractor should ensure equitable access to limited natural resources (e.g. water points) to avoid conflicts with local communities 16. Where possible, the contractor should ensure employment of local workforces especially where unskilled labour is required to mitigate social risks I do hereby acknowledge that I have read the foregoing Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities. I understand that any action inconsistent with this Code of Conduct or failure to take action mandated by this Code of Conduct may result in termination of the contract. FOR THE CONTRACTOR Signed by: ___________________________________________________________ Signature: ___________________________________________________________ Title: ___________________________________________________________ Date: ___________________________________________________________ Signed by: _________________________________________________________ Signature: _________________________________________________________ Date: _________________________________________________________ 3.2. Workers Code of Conduct I, _______________________________________________, acknowledge that preventing any misconduct as stipulated in this code of conduct, including gender based violence (GBV), child abuse/exploitation (CAE) are important. Any activity, which constitute acts of gross misconduct are therefore grounds for sanctions, penalties or even termination of employment. All forms of misconduct are unacceptable be it on the work site, the work site surroundings, or at worker’s camps. Prosecution of those who commit any such misconduct will be pursued as appropriate. I agree that while working on this project, I will: 1. Consent to security background check; 2. Treat women, children (persons under the age of 18) and persons with disability with respect regardless of race, colour, language, religion, political or other opinion, national, ethnic or social origin, property, birth or other status; 3. Not use language or behaviour towards men, women or children/learners that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate; 4. Not participate in sexual activity with children/learners—including grooming or through digital media. Mistaken belief regarding the age of a child and consent from the child is not a defence; 27 5. Not exchange money, employment, goods, or services for sex, with community members including sexual favours or other forms of humiliating, degrading or exploitative behaviour; 6. Not have sexual interactions with members of the communities surrounding the work place, worker’s camps and fellow workers that are not agreed to with full consent by all parties involved in the sexual act (see definition of consent above). 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; 7. Attend trainings related to HIV and AIDS, GBV/SAE, occupational health and any other relevant courses on safety as requested by my employer; 8. Report to the relevant committee any situation where I may have concerns or suspicions regarding acts of misconduct by a fellow worker, whether in my company or not, or any breaches of this code of conduct provided it is done in good faith; 9. Regarding children (under the age of 18): • Not invite unaccompanied children into my home, unless they are at immediate risk of injury or in physical danger. • Not sleep close to unsupervised children unless necessary, in which case I must obtain my supervisor's permission, and ensure that another adult is present if possible. • Refrain from physical punishment or discipline of children. • Refrain from hiring children for domestic or other labour, which is inappropriate given their age, or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury. • Comply with all relevant local legislation, including labour laws in relation to child labour. 10. Refrain from any form of theft for assets and facilities including from surrounding communities. 11. Remain in designated working area during working hours; 12. Refrain from possession of alcohol and illegal drugs and other controlled substances in the workplace and being under influence of these substances on the job and during workings hours; 13. Wear mandatory PPE at all times during work; 14. Follow prescribed environmental occupation health and safety standards; 15. Channel grievances through the established grievance redress mechanism. I understand that the onus is on me to use common sense and avoid actions or behaviours that could be construed as misconduct or breach this code of conduct. I acknowledge that I have read and understand this Code of Conduct, and the implications have been explained with regard to sanctions on-going employment should I not comply. Signed by: _________________________________________________________ Signature: _________________________________________________________ Date: _________________________________________________________ FOR THE EMPLOYER Signed by: _________________________________________________________ Signature: _________________________________________________________ Date: _________________________________________________________ 28