(e.g., councils of elders or village councils, or chieftains) and, where appropriate, other community members.”67 e. Borrowers must provide “sufficient time” for these communities to go through their decision-making processes.68 The ESS7 Guidance Note explains the following: f. Grievance mechanisms “should be designed in consultation with project-affected Indigenous Peoples/Sub-Saharan African Historical Underserved Traditional Local Communities�� so that they take into account their cultural attributes and “their traditional mechanisms for raising and resolving issues.”69 g. Groups may be considered an Indigenous People/Sub-Saharan African Historical Underserved Traditional Local Community and covered by ESS7 policy in one region of the country but may not be covered in other parts of the country or neighboring countries where they are “more fully integrated with other communities and lack the defining characteristics.” As noted in the policy, the Bank makes the final determination about whether a group is considered an Indigenous People/Sub-Saharan African Historical Underserved Traditional Local Community.70 F. Good Practice Note (GPN): Addressing Sexual Exploitation and Abuse and Sexual Harassment (SEA/SH) in Investment Project Financing involving Major Civil Works Good Practice Notes are non-mandatory and advisory in nature, and serve to “help World Bank staff in providing implementation and support to Borrowers in meeting the requirements of the Environmental and Social Framework (ESF).” 71The Good Practice Note on “Addressing Sexual Exploitation and Abuse and Sexual Harassment (SEA/SH) in Investment Project Financing involving Major Civil Works” is meant to “assist Task Teams in identifying risks of SEA/SH -- as opposed to all forms of GBV [genderbased violence] that can emerge in IPF involving major civil works contracts -- and to advice Borrowers on how to best manage such risks.”72 67 68 69 70 71 72 “Environmental and Social Framework,” 79, par. 23(a). “Environmental and Social Framework,” 79, par. 23(b). “Guidance Note: ESS7,” 14, GN34.2. “Guidance Note: ESS7,” 4, GN8.3. Grown et al., “Good Practice Note: Addressing SEA/SH.” Grown et al., “Good Practice Note: Addressing SEA/SH,” 2. BANK INFORMATION CENTER | MAR 2021 The Good Practice Note explains that the ESF “does not explicitly mention SEA/SH” but “various ESSs are in alignment with the recommendations” of the document, including ESS1 and ESS10, described above.73 The following definitions and guidance help contextualize the requirements of the Bank and Borrowers to carry out ESS1 and ESS10, specifically with regards to stakeholder engagement: a. Gender-based violence is “an umbrella term for any harmful act that is perpetrated against a person’s will and that is based on socially-ascribed gender differences” and SEA and SH are “manifestations of GBV”.74 b. All IPFs must have a grievance mechanism (GM) “in place prior to contractors mobilizing.” If contractors or consultants operate a parallel GM, these mechanisms “should include processes to refer complaints to the project GM so as to ensure that an accurate understanding of the project complaints is always available.”75 c. Survivors that submit grievances about gender-based violence (GBV), especially sexual exploitation and abuse and sexual harassment (SEA/SH), may have “risks of stigmatization, rejection and reprisals” and multiple channels for submitting complaints are needed for them to “safely access the GM” in a “confidential manner.”76 d. All IPF “projects need to have a framework for properly handling SEA/SH allegations.”77 73 Grown et al., “Good Practice Note: Addressing SEA/SH,” 2. 74 Grown et al., “Good Practice Note: Addressing SEA/SH,” 5, par. 12; 6, par. 16. 75 Grown et al., “Good Practice Note: Addressing SEA/SH,” 36, par. 87. 76 Grown et al., “Good Practice Note: Addressing SEA/SH,” 36, par. 87. 77 Grown et al., “Good Practice Note: Addressing SEA/SH,” 44, par. 116. It is outside the scope of this report to assess whether all or parts of these projects are considered major civil works and whether the ESF Good Practice Note should be adhered to. 27

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