EMERGING LESSONS SERIES NO. 6 Insights of the World Bank Inspection Panel: Responding to Project Gender-Based Violence Complaints Through an Independent Accountability Mechanism  i E M E RG I N G L ESSO N S S E R I ES N O. 6 Insights of the World Bank Inspection Panel: Responding to Project PREVIOUS REPORTS IN THE EMERGING LESSONS SERIES Gender-Based No. 1: Involuntary Resettlement—April 2016 No. 2: Indigenous Peoples—October 2016 Violence No. 3: Environmental Assessment—April 2017 Complaints No. 4: Consultation, Participation & Disclosure of Information—October 2017 Through an No. 5: Insights from the Kalagala biodiversity offset associated with the Bujagali power project in Uganda—May 2020 All reports can be found on the Inspection Panel website: www.inspectionpanel.org/publications Independent Accountability Mechanism The primary colors of this publication are purple, green and orange. Purple and green represent feminism, and orange is used to symbolize November 25 as the International Day for the Elimination of Violence against Women. The images of fabrics used on the cover and at the start of Chapters 1 through 8 represent the regions of the world. Women dominate D EC E M B E R 2020 the textile industry worldwide, whether as artisans or garment factory workers, and their work is largely underpaid and unappreciated. Textiles are interwoven into women’s lives, their traditional oral storytelling, and their livelihoods. ii INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE ABBREVIATIONS AND ACRONYMS CoC Code of Conduct CSO Civil Society Organization DRC Democratic Republic of Congo ECPR Emergency Child Protection Response ESF Environmental and Social Framework ESIA Environmental and Social Impact Assessment ESS Environmental and Social Standards FCV Fragile, Conflict, and Violence-affected Countries FGD Focus Group Discussion GBV Gender-Based Violence This report commemorating GM Grievance Mechanism the annual 16 Days of Activism Against GoU Government of Uganda Gender-Based Violence GPN GRM Good Practice Note Grievance Redress Mechanism (November 25–December 10, 2020) IAM Independent Accountability Mechanism IFI International Financial Institution is dedicated to the memory of IPV Intimate Partner Violence U. S. Supreme Court Justice JFCU Joy for Children Uganda MDB Multilateral Development Bank Ruth Bader Ginsburg, MGLSD Ministry of Gender, Labor, and Social Development a tireless advocate for MICI Independent Consultation and Investigation Mechanism gender equality under the law. NGO Non-Governmental Organization OHCHR UN Office of the High Commissioner for Human Rights PAD Project Appraisal Document PRO-ROUTES Second Additional Financing for the High-Priority Roads Reopening and Maintenance Project SCOPE Supporting Children’s Opportunities through Protection and Empowerment SEA/SH Sexual Exploitation, Abuse, and Sexual Harassment STD Sexually Transmitted Disease TSDP Transport Sector Development Project UN United Nations UNDP United Nations Development Programme UNRA Uganda National Roads Authority VAW Violence Against Women WHO World Health Organization TABLE OF CONTENTS 1 Background and Context. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 (a) Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 (b) Why Share These Insights on GBV?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 (c) Report Structure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Introduction to Key Terms and Concepts.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (a) GBV Terminology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (b) The Prevalence and Impact of GBV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 (c) The Costs of GBV to Women, Economies, and Bank Investments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Gender Issues in Panel Cases Prior to the Uganda Investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 The Inspection Panel’s Investigations in Uganda (2016) and the DRC (2018) . . . . . . . . . . . . . . . . . . . . . . 17 (a) Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 (b) The Investigation—Uganda: Transport Sector Development Project .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 (c) The Investigation—Democratic Republic of Congo: Second Additional Financing for the High Priority Roads Reopening and Maintenance (Pro-Routes) Project. . . . . . . . . . . . . . . . . . . . . . 20 (d) The Panel’s Evolving Approach to GBV Investigations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 5 Lessons from Panel Findings on Policy Applications Related to GBV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 (a) Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 (b) Analysis of Gender and GBV in the Project Area, GBV Expertise, and GBV Action Plans. . . . . . . . . . . . . . . . 27 (c) Engagement of and Collaboration with Sector Expert NGOs and CSOs. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 (d) Analysis of the Consequences of Male Labor Influx for Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 (e) Project Grievance Mechanisms (GMs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 (f) Consideration of Legal Context and Impunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 (g) Analysis of Consequences on Projects in Areas of Fragility, Conflict, and Violence (FCV) . . . . . . . . . . . . . . 33 (h) Analysis of Consequences of the Use of Security Forces. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 6 The Transformative Impact of the Panel Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 (a) Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 (b) Institutional and Operational Changes at the World Bank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 (c) Impact on Other Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4  1. (d) The Impact in Uganda .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 7 The Roles that IAMs Play in Providing Accountability for Project-Related GBV. . . . . . . . . . . . . . . . . . . . . 45 (a) GBV—An Emerging Issue for IAMs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 (b) IAMs—An Additional Form of Accountability for Project-Related GBV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 (c) The Panel’s Approach to Investigating GBV, Including Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 (d) The Evidence and Levels of Proof Required to Establish GBV Adopted by the Panel. . . . . . . . . . . . . . . . . . 54 8 Useful Questions When Approaching a GBV Investigation .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 FA B R I C F R O M I N D I A (a) Project Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 (b) Status of Gender Equality in the Project Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 (c) Project Labor Force and Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 9 Key Insights from the Panel’s Experience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Endnotes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Bibliography and Gender-Based Violence Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 C H A P T E R 1 BACKGROUND AND CONTEXT (a) Introduction T he World Bank Inspection Panel (“the Panel”) is an independent complaints mechanism for people who believe they have been— or will be—adversely affected by the World Bank (the “Bank”) not complying with its operational environmental and social safeguard policies in projects that it funds. The Panel’s process seeks redress for affected communities. It investigates the Bank, not its member or borrower1 countries. Although the Bank has a 2003 RU operational directive that seeks to PE narrow gender gaps and a gender M strategy that sets targets, assesses O progress toward gender equality, and R F incorporates gender dimensions into its IC R 2 operations, the directive does not explicitly target B FA harm3 such as gender-based violence (GBV). However, under the Directive for Addressing Risks and Impact on Vulnerable and Disadvantaged Groups—pursuant to the 2018 Environmental and Social Framework (ESF)—the Bank now has additional coverage, including a requirement that staff conduct due diligence on the risks to individuals and groups who might be adversely affected or excluded from project benefits due to gender, sexual orientation, or gender identity. The insights contained herein reflect the past, and provide a history and analysis of Panel investigations conducted before the transformative changes that took place at the Bank after August 4, 2016, when the Panel’s Uganda Investigation Report4 was submitted to the Bank’s Board of Executive Directors (the “Board”). This report is the sixth in the Panel’s Emerging Lessons Series. It draws on the main lessons of two ground- breaking investigations in which Bank operations faced allegations of inadequate social risk assessment, management, and supervision that contributed to project-related GBV and viii INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Background and Context 1 harm in two transport projects. The insights provided here particularly important in countries where legal processes explain how these investigations inspired institutional are gender-insensitive, or where there is sex-discrimina- transformation of the Bank’s approach to GBV and the tion in GBV laws, or where victims desire anonymity to importance of Independent Accountability Mechanisms avoid reprisals, expulsion from their communities, stig- (IAMs)—such as the Panel—for responding to claims of matization or unfair treatment by justice agencies if they project-related GBV. As with all reports in the series, this file formal criminal complaints. At the same time as this publication aims to use the lessons from Panel cases to report recounts the Panel’s efforts, it pays tribute to the contribute to institutional learning at the World Bank and hitherto unacknowledged courage and compelling voices in the broader development community, including at other of survivors by providing some of their direct testimony. IAMs.5 Please note that the GBV-related investigations The Panel believes this testimony may interest the global described below assessed project compliance with the gender practice community, the women’s movement, and environmental and social safeguards governing Bank proj- non-governmental organizations (NGOs) working on GBV, ects approved before October 2018, when the Bank’s ESF sexual orientation, and gender identity issues.12 In the took effect. interest of maintaining confidentiality, all victims’ names, locations, and identifying information have been redacted. Prior to 2016, the Panel had investigated only one explicit, gender-specific allegation of harm,6 and made only one In addition, the Panel believes the GBV insights presented I was raped by a national worker gender-specific finding of non-compliance in the more in this document will assist development colleagues than 110 complaints it had looked into as of then.7 This working in fragile, conflict, and violence-affected (FCV) from outside the community who meager statistic perhaps had more to do with the lack countries13 with poor gender equality and high incidences had rented a house next to mine. of a gender-specific focus and gender expertise in Panel of GBV. More specifically, it will help developers of major After the incident the perpetrator investigations than the absence of such gender-spe- infrastructure projects, which tend to import significant cific harm. Furthermore, to that point no other IAM of numbers of male construction workers and—with them— left the community unannounced. an international financial institution (IFI) or multilateral higher risks of GBV.14 I am a minor and became pregnant development bank (MDB) had yet to receive or document (c) Report Structure because of this incident. an allegation of project-related GBV or violence against women (VAW).8 Therefore, in 2015 the Panel became the The first two chapters below briefly outline the GBV ter- I am concerned about having first IAM to deal with such a complaint when it received minology used in the Panel’s investigations and reports, to care for the baby in addition to a Request for Inspection (“Request”) of the Transport and the prevalence, impact, and social and economic taking care of my younger siblings, Sector Development Project (TSDP) in Uganda.9 This costs of GBV globally. Chapter 3 addresses gender issues complaint was followed by allegations of GBV in the in Panel cases prior to 2016, the process followed in those who are orphans. Pro-Routes Project in the Democratic Republic of Congo cases, and their main findings. Chapter 4 reveals critical —Under-aged Girl (DRC) in 2017.10 These complaints both underwent Panel lessons from the Uganda experience and how the Panel’s investigations, which ultimately led to critical institutional approach and methodology evolved in the subsequent learning on gender and GBV by the Panel, the Bank, and DRC investigation. Chapter 5 explores the main factors the IAM Network. and non-compliance the Panel found in both projects. Chapter 6 outlines the Bank’s transformative institutional (b) Why Share These Insights on GBV? and operational changes, highlighting the positive out- By relating the Panel’s experiences, this report may help comes of the investigations discussed here, and how IAMs other IAMs—and similar mechanisms—conduct more effec- may contribute to essential institutional learning and evo- tive investigations into IFI compliance with policy by learn- lution of their parent IFIs. Chapter 7 shows the significant ing from the Panel’s successes, mistakes, and employment role IAMs can play in providing safe places where victims of good practices. An IAM’s response to project-related can seek some form of accountability when IFI project GBV can render an additional supportive service, provid- grievance redress mechanisms (GRMs) fail. It further ing victims/survivors11 with a measure of accountability defines the levels of evidence and proof the Panel used to and a venue for redress and/or gender-justice. This is establish project-related GBV, expands on these questions 2 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Background and Context 3 and the role of IAMs in strengthening IFIs’ documents crucial questions that should C H A P T E R 2 approach to GBV in projects they finance. In Chapter 8 the Panel shares the approach it took to investigate GBV in both cases, and be asked during IAM investigations. Finally, Chapter 9 summarizes the main insights from the Panel’s experience. INTRODUCTION TO KEY TERMS AND CONCEPTS (a) GBV Terminology G BV takes many forms and inflicts a broad range of harm on its victims, some of whom may experience multiple types of GBV simultaneously (Box 1). The investigations in Uganda and the DRC substantiated many kinds of project-related GBV—including sexual exploitation, abuse, and sexual harassment15 of women and girls in project areas. Various institutions have different terms and definitions to describe the forms of GBV. The terminology LI documented below was used by the BA Panel for its Investigation Reports in M O 2016 and 2018. Please note that terms R F are often used interchangeably throughout IC this report. As of 2018, the Bank adopted the R B concept “Sexual Exploitation and Abuse and Sexual FA Harassment (SEA/SH) to define forms and manifestations of GBV. SEA occurs against a beneficiary or member of the community, whereas SH occurs between personnel/staff and involves any unwelcome sexual advance or unwanted verbal or physical conduct of a sexual nature.” However, in this report the Panel uses the terms from the two Investigation Reports, sourced from United Nations (UN) and World Health Organization (WHO) publications.16 4 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Introduction to Key Terms and Concepts 5 B OX 1 : G BV CO N C E P TS U S E D I N T H E PA N E L I N V E S T I G AT I O N R E P O R T S A N D T E S T I M O N Y FROM SURVIVORS GBV 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 between females and males.”17 It “is primarily used to underscore the fact that structural, gender-based power differentials around the world place women and girls at risk for multiple forms of violence. This includes acts that inflict physical, mental or sexual “They treated us as animals. They forced us to have harm or suffering, threats of such acts, coercion and other deprivations of liberty, whether occurring sexual intercourse with them…touched us on the breast, in public or private life.”18 everywhere. When you refused, they threatened to fire you. When you quit your job and go [sic] back home, peo- Sexual Violence is defined as “any sexual act, attempt to obtain a sexual act, unwanted sexual ple start to laugh at you. They consider you a prostitute in comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using your community. Now, no man wants to take us as wives.” coercion, by any person regardless of their relationship to the victim, in any setting, including but not —Female Worker limited to home and work.”19 Sexual Assault is defined as “sexual activity with another “One day the workers came to my house garden and as I was by myself, I felt scared that something person who does not consent. It is a violation of bodily in- could happen to me. I ran and locked myself in the house. Now I am scared to be home by myself. tegrity and sexual autonomy and is broader than narrower Workers have offered me money in exchange for sex and have threatened me. I have nightmares conceptions of ‘rape,’ especially because (a) it may be because of this. I used to do my tailoring work at home, but now I work in the…because I feel safer committed by means other than force or violence, and (b) there.” —Young Girl it does not necessarily entail penetration.”24 “Consent” Sexual Abuse is defined as “the actual or threatened physical intrusion of a sexual nature, whether by occurs when an adult makes an informed choice to agree force or under unequal or coercive conditions.”20 freely and voluntarily to do something.25 Consent is irrele- vant when the victim is a minor. “I was asked to deliver a towel after dinner to the living quarters of a [foreign] worker, who was my supervisor. When I went to his room, he began undressing me. I pleaded with him to wear a condom “I was told that if I did not have sex with the supervisor I and verbally and physically demonstrated my refusal to consent to intercourse without the use of a would be fired. He would grope me, grabbing my genitalia condom. The foreign worker proceeded to forcibly engage in sexual intercourse without my consent, and breasts often in the kitchen or in [the] pantry. I also and I felt I had no choice but to submit, for fear of physical injury and losing my employment. The next saw the supervisor and other foreign workers groping day my supervisor told me I was dismissed.” —Female Worker other female workers and making hand gestures that im- itate sex and thrusting their pelvises while saying ‘Chika- Sexual Exploitation is defined as “any actual or attempted abuse of a position of vulnerability, differ- Chika.’ I spent the night at the camp and was summoned ential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially to the supervisor’s room. I was told I must have sex with or politically from the sexual exploitation of another.”21 Sexual exploitation that occurs when someone him. I did not consent. He refused to wear a condom. I was consents to sex for survival because they lack other options is known as “survival sex.” It may include later diagnosed with an STD from the rape at the work the exchange of sex for food, clothes, money, shelter, school fees, books, rent, or other basics. camp. I was required to take an HIV test. I worked less “He promised to help me with the school items I needed. He gave me money regularly to buy books than a month and was not paid for my time. I am now os- and shoes. I agreed to have sex with him because he threatened to withdraw the support. I knew the tracized and ridiculed by my community.” —Female Worker consequences, but I had nothing to do.” —Under-aged Schoolgirl Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.22 Sexual harassment typically occurs in the context of employ- ment, between personnel and staff.23 6 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Introduction to Key Terms and Concepts 7 (b) The Prevalence and Impact of GBV goals.39 Its victims become less productive, earn less income, and pay high costs for health services to address GBV is widespread and has an insidious impact on women physical and emotional harm.40 Girls exposed to the threat around the world. Globally some 35 percent of women of GBV are more likely to drop out of school, while sex- have experienced physical and/or sexual violence.26 Seven ual harassment in the workplace can deter women from percent have reported sexual assaults by someone other employment.41 These consequences became evident in the than a partner, while intimate partners commit 38 percent DRC case discussed below, when some sexually harassed of murders of women.27 In many developing countries, women lost jobs after refusing advances from their super- the prevalence of GBV is far higher than the global aver- visors, while others left in fear of retaliation. age:28 In Bangladesh it is 64.6 percent, and in Fiji it is 68.5 percent.29 Nevertheless, worldwide only seven percent of GBV imposes a well-documented, high economic cost women and girls experiencing GBV report the incident globally. Australia spent about AUD22 billion (USD15.7 to a formal source.30 The most common reason for this billion) in 2015–16 on women and children who suffered underreporting is survivors’ assumption they will “not be violence,42 challenging the notion that GBV is solely a believed.” Furthermore, they often fear being blamed for problem of poor or low-income countries.43 The info- causing the violence.31 Other reasons include embarrass- graphic on page 11 (Figure 1) shows the prevalence of GBV T H E L I N K B E T W E E N G B V, ment (25 percent in Bolivia and 41 percent in Cambodia), and its costs in different regions. More broadly, in 2016 JUSTICE AND ECONOMIC certainty that reporting will change nothing (47 percent in the UN estimated the worldwide cost of VAW at USD1.5 EMPOWERMENT Cameroon and 30 percent in Mali), and the resigned belief trillion, equivalent to approximately two percent of the that violence is a normal part of women’s lives.32 global Gross Domestic Product (GDP), and about the size Sexual and gender-based violence of the entire Canadian economy.44 The World Bank has The detrimental effects of GBV on women, children, and is more prevalent in countries families are far-reaching. The violence directly damages pointed out that VAW can cost some countries up to 3.7 percent of their GDP—more than twice what most govern- facing conflict or war. the health of survivors, posing risks of injury, chronic ments spend on education.45 Access to justice is closely linked pain, unwanted pregnancies, gynecological problems, and sexually transmitted diseases and infections.33 The Besides restricting development, GBV may also have to economic empowerment. social stigma and ostracization of GBV victims can also considerable economic impact on borrowers and on the The more empowered they are, adversely affect mental health, inducing depression and success of IFI investments. When risk assessments and the less likely women are to face psychological trauma.34 responsive project design inadequately consider GBV prevalence and project risks, the IFI or the borrower may SGBV. That’s just a fact.38 WHO has shown that GBV prevalence directly correlates incur significant remedial costs or additional financing to —Sandie Okoro, Senior Vice President and with higher rates of HIV and sexually transmitted infec- address what was predictable, project-related harm. As tions (STIs), substance abuse, depression, and suicide.35 General Counsel, World Bank Group became clear after both Panel investigations, it is more Furthermore, victims’ families can be stigmatized by their expensive to inspect and redress such harm—and then communities. For children, exposure to intimate partner retrofit projects—than to anticipate possible GBV in the violence (IPV) can increase the likelihood of girls experi- project design stage. encing GBV as women and boys becoming perpetrators as men, fueling a cycle of violence.36 Children with mothers Sexual harassment presents serious barriers to women’s exposed to violence are at greater risk of neglected vac- economic empowerment and increased female labor force cinations, low birth weight and development, and future participation, not only in borrower economies but also abuse in their own lives.37 in project-related work. Because sexual harassment can significantly compromise the safe employment of women (c) The Costs of GBV to Women, Economies, and and their tenures on the payroll,46 its presence—or its Bank Investments potential for being present—in IFI projects can impede the GBV can also have significant socioeconomic and inter- promotion of gender equality. generational effects, thereby impeding development 8 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Introduction to Key Terms and Concepts 9 BOX 2: THE ECONOMIC FIGURE 1WORKERS’ CAMP COST OF SEXUAL H A R A S S M E N T AT A HOW MUCH DOES VIOLENCE AGAINST WOMEN COST THE GLOBAL ECONOMY? This graphic shows the range of estimates on how much violence against women (VAW) costs the national economy. We show figures in US$ billions from WORKERS’ CAMP 13 studies ranging from 2009 - 2017, from both the global south and global north, both in terms of the % of gross domestic product (GDP) that violence The Panel substantiated several cases of sexual harass- against women costs the country, and in terms of the prevalence of violence against women. ment, exploitation, and abuse of female workers em- One day I was in the kitchen ployed by the contractor in a labor camp. The women in- terviewed described harassment that included incessant cutting onions. One foreign man sexual comments, groping, and gestures. The contractor came and started touching me. failed to implement an appropriate Code of Conduct [Ano]ther five foreign men were (CoC), and the power dynamics between the male and CANADA there and started laughing. US$ 7.3 billion EU female workers harmed the latter. They faced dismissal US$ 352.2 billion threats if they resisted this gender-discriminatory en- When I complained, the vironment, and many of them experienced psychosocial supervisor told me that if I was USA US$ 273.4 billion MOROCCO US$ 6.8 billion BANGLADESH US$ 2.3 billion VIETNAM trauma, STIs, and stigmatization as a result of their em- unhappy, I could leave.  US$ 2.1 billion ployment. Sexual harassment, therefore, has significant PERU UGANDA —Female Worker US$ 7.3 billion US$ 0.3 billion TANZANIA opportunity costs for women workers, who forgo income US$ 0.3 billion BOLIVIA FIJI when they avoid sexual harassment, and imposes direct US$ 2.1 billion ZAMBIA US$ 0.3 billion US$ 0.5 billion economic costs AUSTRALIA on them, their Whenever they demanded sex, US$ 19.2 billion countries, and I would refuse. One even tried the Bank. to get me in the house, and I refused. I told [a coworker] and he told me this was the culture 0.47% 1.51% 3.7% 6.46% 6.5% 1.90% 0.35% 2.27% 1.22% 2.10% 1.41% 1.57% 6.6% here. If I didn’t want to have DOJ CANADA 2009 Peterson et al. 2017 GIZ 2013 GIZ 2015 ICRW (2009) EIGE (2014) CEDOVIP (2013) CARE(2017) WORLD BANK (2013) CARE (2011) UN Women (2012) KPMG (2016) TAYLOR & MICHAEL (2011) sex, I could get a job somewhere else. They also deducted from my pay because I refused to have sex. They would keep doing this until it was only 80,000 of local 3.4%^ UN STATISTICS 31.5%# 35.7%# 23.1%# 35.3%* UN STATISTICS UN STATISTICS UN STATISTICS UN STATISTICS 42%* 2 UN STATISTICS 56.1%* UN STATISTICS 43.4%* ZAMBIA DHS 39.5%* TANZANIA DHS 64.6%# UN STATISTICS 35.2%* UN STATISTICS 34%* UN STATISTICS 68.5%* UN STATISTICS DIVISION 2015 DIVISION 2015 DIVISION 2015 DIVISION 2015 DIVISION 2015 DIVISION 2015 DIVISION 2015 2013/14 2015/16 DIVISION 2015 DIVISION 2015 DIVISION 2015 DIVISION 2015 currency. Girls who had sex got all their pay. There were girls Annual economic cost of VAW ^ 12-months Prevalence of Physical Violence by All Perpetrators working there too, under 18. GDP % # Lifetime Prevalence of Physical Violence by Intimate Partners * Lifetime Prevalence of Physical Violence by All Perpetrators VAW Prevalence They also had to have sex. All the men do this. 1 While the studies used in this graphic all deal with the economic cost of violence against women, the focus of each study was not necessarily the same. The range of focus areas included the following: costs of gender based violence; costs of domestic violence to individuals, non-state actors, and state actors; cost of lost earnings due to partner violence; costs for businesses due to a reduction in labour productivity as a result of violence against women; and costs of intimate partner violence to households and communities. —Female Worker 2 The VAW prevalence gure for the EU is the gure for the UK, as the EU costing study (EIGE 2014) extrapolated a costing to the whole of the EU from UK gures, from a UK-speci c study. Printed with the permission of CARE © Thilini Perera/Chrysalis (in partnership with CARE International) 10 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Introduction to Key Terms and Concepts 11 C H A P T E R 3 GENDER ISSUES IN PANEL CASES PRIOR TO THE UGANDA INVESTIGATION O ver its 27-year history, the Panel conducted its investigations with attention to gender-neutrality, which may have paradoxically impeded its ability to discern gender-specific harm47 such as GBV. Gender-specific harm refers to harm that, although not limited to women in any biological sense, are risks they are more likely to face than men. These include rape, sexual harassment, sexual exploitation, spousal abuse, and domestic violence. Until 2016, when the Panel issued the Uganda INE Investigation Report, only its RA Vishnugad Pipalkoti Hydro Electric UK Project case in India had findings of gender-specific harm resulting from M O non-compliance with Bank policy.48 R F I C The Panel reviewed its past cases self-critically R B to assess its performance as an accountability FA institution, and as part of an IFI committed to promot- ing gender equality. Since the Panel’s mandate allows a broad analysis of harm, it believes involving gender specialists in past investigations would likely have revealed additional gender-specific harm in complaints primarily related to environmental damage, involuntary resettlement, livelihood restoration, consultation, and participation of indigenous peoples. Until the Uganda and DRC cases, the Panel and Bank Management have had little explicit experience investigating gender-specific harm (see Figure 2). Furthermore, rather than alleging gender-specific harm, past Requests for Inspection have raised issues only tangentially related to gender and mostly within the context of other Bank policies. The India case mentioned above stressed the importance of continuous monitoring of gender- differentiated project effects and the need to remedy any adverse impact through regular supervision missions that should include gender expertise. 12 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Gender Issues in Panel Cases Prior to the Uganda Investigation 13 F I G U R E 2 : I N S P EC T I O N PA N E L CA S E S A N D R ECO G N I T I O N The two GBV cases the Panel investigated produced many valuable lessons—such as the O F I N S TA N C E S O F G E N D E R - S P E C I F I C H A R M , E X C L U D I N G need to identify hidden gender issues, to probe deeper for gender-specific harm, and to T H E U G A N D A A N D D R C I N V E S T I G AT I O N S use trained investigative GBV specialists for such investigations. These insights coincided with institutional changes at the Bank, which had become more gender responsive over the last decade, and the appointment of Panel Members and secretariat staff who were more 2001 Panel Case 2012 Panel Case 2013 Panel Case 2018 Panel Case gender aware. Chad-Cameroon Vishnugad Pipalkoti Nepal: Enhanced Mongolia: Mining Petroleum and Hydro Electric Project Vocational Education Infrastructure Investment Pipeline Project and Training Project Support Project BOX 3: CHAD-CAMEROON PETROLEUM AND P I P E L I N E P R O J E C T— L A C K O F G E N D E R Complaint—The Panel Complaint—The Panel Complaint—The Panel Complaint—The Panel S C R U T I N Y I N I N V E S T I G AT I O N S received a Request for received a Request for received a Request for received a Request for Inspection from Chad Inspection from India that Inspection alleging that Inspection that alleged a that alleged that the claimed socioeconomic LGBTQI++ people were potential increased risk of The Chad-Cameroon Petroleum and Pipeline Project exemplifies past inattention to gender- construction of a pipe- harm and gender- being excluded from GBV and human trafficking related issues in Panel investigations. In 2001, the Panel received a Request for Inspection line constituted a threat specific impact related to project benefits. According due to a labor influx of from a Chadian Member of Parliament on behalf of communities claiming the pipeline to livelihoods, the local livelihoods and security. to the Requesters, the 3,000 to 5,000 foreign construction threatened their livelihoods, local environment, and cultural property.49 In its environment and cultural project discriminated workers brought to work Findings 2002 Investigation Report, the Panel found the Bank to be in non-compliance with appropriate property. against the LGBTQI++ on the Baganuur mine community as it only expansion. environmental, economic, and poverty reduction assessments and risk analyses.50 However, The Panel noted the Notes the Panel made no findings about the project’s potential to cause gender-differentiated harm. importance of monitoring, considered men and Notes While the investigation noted that the project would increase social risks related to the influx The investigation noted supervision and public women for the training the project would increase consultation and offered under the project, The Requesters stated of people from outside of the area and the transmission of HIV and sexually transmitted social risks related to information to ensure that excluding those who prefer that without a proper diseases (STDs), it did not examine how these vulnerabilities intersected with gender inequality, the influx of people Bank policy requirements to be classified as “other” canvassing of social risks notwithstanding the marginalization of women and girls in the project areas.51 Furthermore, from outside of the area for livelihood restoration when a gender option is to in the technical assistance the Panel encouraged Bank Management to collect regional community health data but did and the transmission were being met and be selected. project’s analysis and not suggest assessing either GBV risks or sex-disaggregated data.52 Despite acknowledging of HIV and sexually that women were not design, there would be an Notes the consequences of population influx and HIV/STD transmission, the Panel did not investigate transmitted diseases but disproportionately affected adverse gender impact did not analyze how these by any possible changes The Panel did not register on women. The project gender-specific health, livelihood, or security risks, thereby losing an important opportunity vulnerabilities intersected to their community the case as the matter had not started; it was a to explore issues related to gender and GBV. with gender inequality, forest land during project was resolved quickly by technical assistance pre- given the marginalization implementation. Management, the borrower project. The Panel did not of women and girls in the and the complainants, with register the Request since The Panel also found that project areas. the result being that “any it concerned an issue on insufficient attention had person” could benefit from which the Panel had made Furthermore, the Panel been given to the issue the project. a recommendation in 2017. advised Bank Management of women’s security as to collect regional fenced labor camps alone community health data could not be viewed as but did not specify GBV an adequate mitigation risks nor the need for measure. sex-disaggregated data for assessment. 14 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Gender Issues in Panel Cases Prior to the Uganda Investigation 15 C H A P T E R 4 THE INSPECTION PANEL’S INVESTIGATIONS IN UGANDA (2016) AND THE DRC (2018) (a) Background D uring these two investigations, it was essential that the Panel consider GBV prevalence in Uganda and the DRC and the gender equality factors affecting GBV. When the Panel first registered the complaints about the Uganda Transport Sector Development Project, Management acknowledged that its initial response was found wanting, writing that “the measures taken by the Bank and the Government of Uganda (GoU) to address the identified risks of sexual misconduct I AL were insufficient and that actions taken in response were inadequate M M and too slow given the gravity of the O allegations and emerging evidence.”53 A R F proper, gendered risk assessment conducted IC R during the design stage would have revealed that B FA the extremely high prevalence of GBV in the country, combined with poor gender equality and a large influx of male workers in the project area, could create a high GBV risk in the project. In Uganda, GBV remains pervasive, with 56.1 percent of women reporting violence against them.54 According to the Uganda Demographic and Health Survey, two-thirds of women who have experienced physical violence since the age of 15 say it was IPV.55 The same survey states that almost one in four women aged 15–49 said their first sexual intercourse was forced on them.56 Uganda also has a high incidence of child marriage, with 40 percent of girls marrying before the age of 18. Reports of defilement57 and domestic violence are on the rise and were among the top 10 crimes registered by police in 2013.58 The Gender Inequality Index ranks the DRC 153 out of 159 countries in terms of gender equality. It routinely appears on the list of the 10 most dangerous countries for women, pri- marily due to its widespread and systemic sexual violence. Harmful social attitudes toward women, impunity for perpetrators, and weak governance contribute to rampant GBV.59 16 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Inspection Panel’s Investigations in Uganda (2016) and the DRC (2018) 17 As the Panel learned, it is essential for For Children Uganda (JFCU)66 and took posi- accountability mechanisms—as well as proj- tive action to address the complaints. ect grievance mechanisms (GMs) or GRMs60— Similarly, Management’s response to the to assess such dangerous precursors when allegations in the DRC case initially held receiving complaints and seeking solutions. that it could not substantiate any GBV The very presence of these factors suggest claims or find links to the project,67 and that victims are telling the truth about proj- such human rights violations were common ect-related GBV. Thus, the starting point for in the region. Despite this, by the time the addressing the harm is believing the reports Panel team arrived in the DRC for its inves- of it. Given the highly idiosyncratic milieu of tigation visit, Management had taken the GBV, if a GBV investigation commences with situation seriously, hired gender specialists, initial suspicion of a victim’s story, the truth and was hiring local NGOs to provide sup- is unlikely to be unearthed. port to the survivors.68 Management’s early This was a problem in Uganda, where doubts did not prevent it from developing the complaints were initially disre- an appropriate GM and Management Action garded or doubted. The Panel found that Plan after the Panel’s investigation—as is “Management’s actions since receiving required—to provide remedial measures the Request (the initial complaint arrived in response to findings of project-related participation, poor resettlement practices, The Panel interviewed girls who reported in December 2014) points to late recogni- harm. In March 2020, nearly two years after rising criminality in the community, sexual constant harassment when on their way tion of the issues and delayed—and often the Panel’s DRC Investigation Report was violence against children by road workers, to school, and while they were working at inappropriate—responses due to a lack of submitted, Management said further inci- increased child labor, and school drop- restaurants or informal businesses that requisite expertise and inadequate under- dences of GBV had been recorded: “Over outs.70 The Panel did not initially register catered to these workers.74 Some young standing of community dynamics,”61 and the past 12 months, 33 additional allega- the Request, since its process requires girls were lured by the workers’ offers of that this “led to ineffective action by key tions of rape or sexual assault have been that it give Management time to address money and small gifts—including food, players within the Bank, lack of attention received through the specialized GBV NGOs the Requesters’ concerns.71 However, in clothing, and cash for school fees, books, from Senior Management, and the result- contracted by the project, bringing the total September 2015 the Requesters filed a new and beauty products—which the Panel found ing late response to a serious issue which number of alleged GBV incidents to 67. Of complaint reiterating their previous claim, to be sexual exploitation.75 Young boys required prompt action.”62 Unfortunately, these 67 alleged incidents, 65 have been and alleging additional, sexual misconduct, also reported sexual harassment, physical additional harm—including GBV—occurred reviewed by the specially established review exploitation, abuse, and other forms of GBV. assaults, and threats by workers as they after receipt of the first Request and even mechanism and closed to date, of which 18 walked by the construction site.76 Victims The Panel’s GBV Conclusions. The Panel after registration of the second complaint incidents were found to be likely linked to and their families faced many obstacles to investigation verified project-related harm in September 2015.63 The Panel found the project.” 69 How the Bank transformed holding these perpetrators accountable. to women and children, including cases Management’s supervision, including as an institution, changing its operations Families told the Panel they avoided the of child sexual abuse, sexual exploitation, its response to the December 2014 Request, and procedures in response to the investi- police due to the stigma associated with and teenage pregnancies caused by road to be in non-compliance with Bank Policy gations, is covered in Chapter 6. reporting rape, the bureaucratic hurdles, workers. It also found sexual harassment by on Investment Project Financing, the costs, and their general distrust of the OP/BP 10.00.64 (b) The Investigation—Uganda: road workers of female employees within judicial system.77 Transport Sector the workers’ camp72 and of women and girls This non-compliance may have been due Development Project in the community to be a pervasive prob- The investigation found that project to a lack of expertise. Management at first lem.73 Such harm was due mostly to inad- documents neither assessed risks nor In 2014, the Panel received a Request for considered the claims “criminal issues to equate project assessment, anticipation, adequately considered human health and Inspection from members of the Bigodi be dealt with by the courts in Uganda.”65 and mitigation of the adverse effects of the safety, and that the project lacked appropri- and Nyabubale-Nkingo communities living However, after gender experts visited the influx of large numbers of workers from ate mitigation measures to address social along the project-affected road in western field five months later, Management found outside the community. impact related to GBV and child protec- Uganda. They alleged several project-re- three credible cases with the help of Joy tion.78 The Panel also noted the absence of lated issues, including lack of community 18 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Inspection Panel’s Investigations in Uganda (2016) and the DRC (2018) 19 a GRM/GM that could enable community to identify and hold perpetrators legally in Sake experienced sexual harassment, “survival sex” (see Box 2). The investigation members to voice concerns about the accountable.87 UNRA has also been instru- exploitation, abuse, and rape by the proj- also uncovered instances of GBV—some project, which increased their isolation, mental in creating partnerships between ect’s male workers.93 Female employees involving minors—which in some cases lead vulnerability, and exposure to harm.79 government and NGOs, playing a critical role endured constant harassment, including to STIs and pregnancies. The presence of Therefore, Management was found to be in by increasing community support and mobi- unwanted sexual comments, sexually overt security personnel heightened the risk of non-compliance with several Bank policies.80 lization in defense of women’s legal and civil gestures, and groping. They also reported GBV by armed guards, increasing the anx- rights and access to justice, strengthening being sexually exploited, made to expose iety felt by women and girls. The victims networks of legal rights services, and esca- intimate body parts, and forced to spend were often abandoned by the workers and lating community action to bring perpetra- nights at the camp, with threats of dismissal security personnel, left to face stigmatiza- tors to justice.88 (See video opposite on the from work if they refused. This created tion, ostracization, and burdensome medical Panel’s Uganda investigation.) a hostile and coercive work environment costs related to the violence. marked by extended work hours, with- As a result of the complaint, the Bank holding of salaries, and dismissal without also commissioned an internal report I used to go to school but stopped cause. Unlike their male colleagues, female on the lessons from the project and the workers were required to take HIV tests to to start selling prepared food to investigation, and established a task force to develop recommendations to prevent remain employed. This fact was later used the foreigners. The men would run to corroborate the allegations of GBV. As and mitigate the impact of SEA/SH in Bank- a tab and promised to pay their a result of the constant presence of GBV Remedial Actions. In response, the Bank financed development projects.89 Following or the threat of it, female workers suf- bill later. When I heard that they suspended disbursements of funds to the the investigation, the GoU committed to project in October 2015 and canceled it alto- addressing GBV by sponsoring a national fered psychosocial trauma, STIs, and social were leaving, I went to ask for stigma that led some to move from the gether in December 2015.81 Notwithstanding campaign to reduce violence against the money I was owed. I spoke to area. Additionally, there was weak commu- these steps, the Government of Uganda, the women and girls, and by establishing a nity engagement by the project due to the a…worker. He asked me to come Uganda National Roads Authority (UNRA), National Policy and Action Plan on the and the Bank continued to address and Elimination of Gender-Based Violence.90 presence of security forces in the contrac- inside the house. One foreign tor’s camp and the absence of an opera- supervise the outstanding issues and to worker was inside. He said, (c) The Investigation— tional project GRM. This left no avenue for support several remedial actions,82 including Democratic Republic of Congo: communities or workers to complain about ‘If you sleep with me, assisting victims of abuse and strengthening child protection in project communities.83 Second Additional Financing for the such harm. After the Request was received, I will pay you.’ After we had High Priority Roads Reopening and Management established local GRM com- In December 2015, a Bank-supported pro- intercourse, I was paid 20,000 Maintenance (Pro-Routes) Project mittees along the road. These could register gram—the “Emergency Child Protection grievances but were unable to handle sensi- francs for the debt and was given Response” (ECPR)—was created to provide In August 2017, about a year after the victims of abuse with support tailored to Uganda Investigation Report was com- tive GBV complaints because they could not an additional 3,000 francs. guarantee confidentiality for complainants their needs and circumstances. The program pleted, the Panel received a Request for —15-year-old Girl and were not staffed with GBV experts. offered sexually abused girls psychosocial Inspection regarding a road works project counseling, help with school reintegration, in the DRC.91 Complainants living near Goma The Panel also found that girls and women Remedial Actions. The investigation found additional training, assistance with pre- and alleged the construction of the Bukavu- in the communities surrounding the Management to be in non-compliance with post-natal care, and a monthly stipend to Goma Road had caused several types of Bukavu-Goma Road had experienced GBV.94 Bank policies for not properly assessing and help meet basic needs.84 The Bank and GoU harm, including GBV, impact on livelihoods Due to the influx of national and foreign mitigating GBV risks, which led to serious continued enhancing child protection with and resettlement, labor issues, and retalia- male workers, many victims entered coer- community harm.95 Due to the complaint, the Supporting Children’s Opportunities tion from local authorities.92 cive relationships with workers and the mil- the Bank suspended disbursements against through Protection and Empowerment itarized security personnel engaged by the all civil works components under the proj- The Panel’s GBV Conclusions. The Panel’s (SCOPE) project.85 The Bank urged that all contractor. In an environment marked by ect, enlisted GBV and HIV/AIDS experts to investigation substantiated many proj- allegations of sexual misconduct be inves- low gender equality, high poverty, and the support contractor sensitization training ect-related GBV allegations. Female work- tigated and prosecuted86 and Management vulnerability of women and girls in the area, and investigations, updated the project’s ers in the contractor’s permanent camp noted recent improvements in GoU’s efforts victims often felt financially pressured into safeguard documents, and established 20 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Inspection Panel’s Investigations in Uganda (2016) and the DRC (2018) 21 a CoC for workers that addressed GBV NGO provided considerable support to the settings near their communities, some DRC iii. there was “humanitarian depen- risk. Management then arranged for six girls, the community, and the Panel before victims refused to talk in their communi- dency” in the region, and some com- local NGOs to receive GBV complaints and and during the investigation. This was espe- ties for fear of retaliation or stigmatiza- munity members expected monetary referred all complainants to medical, psy- cially helpful so early in the Panel’s own tion. Therefore, at their request the Panel compensation for their involvement in chosocial, and legal services.96 The project exploration of the subject. Such community arranged travel to meet with them in Goma, the investigation, followed a survivor-centered approach97 support and NGO assistance was not readily some two hours away by road, where they iv. the affected community was more that facilitated reporting of cases by creat- available to the DRC investigation. There the felt safer. The Panel team’s corroboration dispersed across a large geographi- ing a new GBV-specific GRM—managed by Panel improved its approach to the claims of evidence in the DRC was also consider- cal area, and lacked cohesion, strong an expert—that provided full confidentiality by hiring GBV investigative specialists. ably more extensive.105 However, the Panel leadership, and community structure, to victims, and by taking disciplinary action could not substantiate some charges, such The Panel adopted different forms of v. community members were divided against perpetrators linked to the project. as the claims of rape by road workers at an expertise for the two investigations. In the about the victims’ credibility and the In recognition of the contextual factors that abandoned school. Chapter 7 discusses the Uganda investigation, the Panel used a GBV project’s impact, leading to instances contributed to GBV, Management reviewed methodology and level of proof adopted by public health expert and a lawyer experi- of hostility toward certain victims, its portfolio at large to mitigate GBV risks98 the Panel investigations. enced in gender-based violence research vi. no credible, established, local NGO or and supported broader GBV services and and programming, rather than a special- The subsequent Panel investigation in the community group had worked with prevention activities in the general area to ized GBV investigator. Investigating in the DRC was more cautious and methodical, the victims from the beginning as was ensure that the project created institutional eastern part of DRC—an FCV country with and relied on appropriate investigative the case in Uganda and, significantly, learning about better protecting women security forces hired by the contractor in expertise to ensure that the survivor- and girls.99 As a result of the remedial vii. the Panel had learned useful the project area—was significantly more centered methodology was applied. Other actions taken by the Bank, the contractor, lessons about how to conduct GBV challenging. The Panel therefore retained reasons for the more rigorous investigation and the Congolese authorities, full funding investigations from its Uganda both a gender expert and a GBV investiga- in the DRC included the following: for the project was reinstated in December investigation and had improved tive specialist who took a survivor-centered 2018.100 Since then, there has been close its approach (e.g., by hiring GBV approach and applied best practices out- i. Management in this case had rejected Management supervision of worker train- specialists with explicit experience lined in the International Protocol on the the allegations of project-related GBV ing, disciplinary action under the CoC, and investigating sexual violence— Documentation and Investigation of Sexual harm, said such abuses were common complaints to the GRMs.101 To ensure that who carefully followed protocols Violence in Conflict.103 The main consultant in the country, and questioned the GBV victims are properly supported, they for interviewing victims in FCV on the Panel team in the DRC was skilled link to the project,106 continue to receive necessary services from situations—and by collecting more in conducting SEA investigations in FCV ii. the DRC’s FCV context was two stand-alone GBV projects, whether corroborating evidence). situations, such as in Syria. The Panel also exacerbated by the presence of or not their case is linked to the project. tapped local resources—gender experts and military forces and the related fear Through the Project Implementation Unit NGOs—to learn the local context. The DRC of retaliation, (PIU) and United Nations Population Fund, investigation looked for stronger and more the Bank monitored legal proceedings—51 of corroborative evidence partly because the 67 survivors of alleged rape or sexual Management initially said “it could not sub- assault accepted and received legal coun- stantiate any GBV claim,” that “allegations seling. Of these, only seven filed a com- have remained general,” and that since GBV plaint in the legal system.102 and other human rights abuses are com- (d) The Panel’s Evolving Approach to mon in eastern DRC “it has been difficult to GBV Investigations ascertain any link to the project.”104 In light of this response, the evidence collected In Uganda, the community believed the had to be solid enough to withstand girls’ complaints, but did not know how to expected scrutiny. raise the issues with the Bank or the local authorities until a credible, local NGO— Unlike in Uganda, where most of the girls JFCU—assisted them. This well-organized asked that interviews take place in private 22 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Inspection Panel’s Investigations in Uganda (2016) and the DRC (2018) 23 C H A P T E R 5 LESSONS FROM PANEL FINDINGS 0N POLICY APPLICATIONS RELATED TO GBV (a) Introduction A s mentioned above, the Uganda and DRC investigations assessed compliance with the Bank environmental and social safeguards in place prior to implementation of the 2018 Environmental and Social Framework and before the transformative changes that were inspired by those very investigations. Therefore, the history described ANDS below does not reflect the Bank’s current approach, which has since applied lessons learned, made ISL comprehensive operational changes, C and implemented institutional FI measures to reduce the risk of project- CI related GBV. The following chapter details A P some of those institutional measures. M O However, an analysis of the contexts, factors R F and non-compliance found by the Panel is critical R IC for IAMs to understand potential indicators of GBV the F AB Panel looked for during investigations. The Panel learned—from the investigation reports and notes, interviews, and dialogue with Bank staff, survivors, and others—that the convergence of certain risk factors is a warning to prepare for likely project-related GBV. 24 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Lessons from Panel Findings 0n Policy Applications Related to GBV 25 In most developing or borrower countries—where all Bank- (b) Analysis of Gender and GBV in the Project Area, financed development occurs—evidence suggests that GBV Expertise, and GBV Action Plans the greater the gender inequality, the higher the risk of The Panel found that considering the gender and social violence perpetrated by men against women.108 Therefore, contexts during the design of both projects could have an early signal of possible project-related GBV—especially mitigated—and possibly avoided—project-related GBV. in infrastructure projects—is the cautionary combination In the Uganda Investigation Report, for example, the of high gender inequality, high prevalence of GBV, and an Panel observed that the 2011 environmental and social influx of male workers. THE WORLD BANK impact assessment and appraisal documents “lacked PRESIDENT’S RESPONSE The two investigations show how the projects’ social risk required analysis of risks to women and children caused assessments missed critical determinants of gender-spe- by labor influx, in particular those risks related to sex TO THE UGANDA cific harm. Indeed, the Panel’s reports identified seven with minors, teenage pregnancies, sexual harassment, COMPLAINT factors that increased the possibility of GBV in project child labor, and school dropouts. As stated in the Panel’s The multiple failures we’ve seen areas, and that should be considered when conducting Findings 9–12, Management’s approach failed to meet the standards of systematic or holistic assessment of risks, in this project—on the part of the investigations. These are: which aim, among other objectives, to identify adequate Bank, the government of Uganda i. insufficient gender and GBV analysis during project risk management measures for affected communities.”110 and a government contractor design, A proper assessment would have revealed how high gender inequality and high rates of GBV in the project —are unacceptable…. ii. inadequate engagement with local experts—e.g., NGOs, areas could combine with a large, male, labor influx to It is our obligation to properly elevate the risk of project-related GBV. This oversight was iii. poor or missing analysis of labor influx risks, supervise all investment projects aggravated by failing to develop and supervise adequate iv. GRM/GMs inadequate and/or ineffective to deal with mitigation measures.111 Had such analyses, diagnostics, to ensure that the poor and GBV complaints, and social risk assessments been conducted, they might vulnerable are protected in our v. lack of consideration of the legal contexts and have prompted inclusion of pro-active GBV action plans or work. In this case, we did not. I am impunity, measures as part of project design and implementation to mitigate the risk of GBV.112 As it was, the project lacked the committed to making sure we do vi. poor acknowledgment and analysis of the FCV envi- ronment, and capacity to respond to the complexity of GBV and child everything in our power—working protection issues. For example, the Panel’s Finding vii. failure to consider the role of security forces in the with other stakeholders—first to FCV context. 12 states that “the composition of these supervision teams lacked the requisite expertise to address issues fully review the circumstances of This report does not focus on the typical non-compli- related to gender-based violence and child protection. this project and then to quickly ance found in investigations of projects—including lack Effective supervision (including an adequate understand- learn from our and others’ failures of supervision, human and financial resources, or issues ing of the community) could have resulted in earlier with capacity, all of which were present in both cases. detection of some problems caused by the project.” so they do not happen again. Rather, it examines the gender-specific factors that were —Jim Yong Kim, World Bank President, overlooked when assessing the explicit possibility of proj- In the Uganda case, Management waited five months December 21, 2015107 ect-related GBV.109 after responding to the initial complaint before engaging gender specialists. Only then, with this expertise, could The submission of the Uganda Investigation Report to the Management find credible evidence of GBV and defile- World Bank Board on August 4, 2016, led directly to the ment.113 The project’s Environmental and Social Impact creation of the World Bank Global Gender-Based Violence Assessment (ESIA) had typically focused on HIV/AIDS (GGBV) Task Force, a seminal moment in the Bank’s his- prevention, but ignored the multidimensional problem tory. On October 13, 2016, Bank President Jim Yong Kim of GBV and child protection in civil works. Management’s launched the GGBV Task Force to strengthen the institu- response to the complaint acknowledged this, stating tion’s response to sexual exploitation and abuse issues. “[g]iven the endemic problem of child marriages and teenage pregnancies in Uganda, the Bank should have 26 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Lessons from Panel Findings 0n Policy Applications Related to GBV 27 after the complaint. Had Management other economic opportunities—it can also been especially vigilant in assessing the (c) Engagement of and Collaboration engaged the NGO earlier, there might have have unintended, negative social, cultural, extent to which the project might aggravate with Sector Expert NGOs and CSOs been better outcomes sooner.121 and health-related consequences. This dou- the problem and ensured that robust miti- The projects in both Uganda and the DRC ble-edged phenomenon is often referred to gation measures were in place, along with Borrower countries have abundant expert had minimal engagement with local expert as the “boomtown effect,” and is well-doc- appropriate staffing.”114 NGOs and CSOs, many of which are ded- NGOs in project design and implementa- umented in development literature.124 The tion. The Panel used such NGOs to advance icated to eliminating GBV and improving In the DRC, the Panel’s analysis of the Panel noted that the Uganda project’s rapid its investigations, provide critical local gender equality. These organizations could project appraisal document (PAD),115 which influx of foreign and migrant construction knowledge, and assist survivors. This was have provided important third-party mon- includes a summary of the assessment of workers simultaneously brought the Bigodi not done by Management until after the itoring and served as informal watchdogs social issues that might affect the project, community opportunities for both informal complaints were received. Earlier inclusion for potential project-related human rights found that its examination of gender dimen- businesses and GBV, 125 also acknowledged of local NGOs and groups dedicated to violations in both cases, thereby helping to sions addressed only legal and regulatory in a subsequent Bank guidance note.126 women’s rights—in the consultation process protect the Bank’s investments and repu- issues affecting women and how these or even during implementation—could have tation. Instead they were not engaged until might affect the investment climate. The SEMINAR, GREEN amplified victims’ voices and advertised after the complaints were made. PAD also said steps would be taken to pro- C L I M AT E F U N D mote access for women to road works but the services and facilities available to them. In the DRC, the Panel noted that, due to failed to mention GBV—a critical oversight. Consultations with women’s NGOs during serious shortcomings in the consultations If a World Bank project is going The ESIA contained some limited informa- preparation of the environmental and social and disclosure of information, the local to lead to bringing in hundreds of assessments and throughout project imple- tion about the situation of women and girls mentation could have helped Management population could not voice their views on male construction workers, both in the project area but did not analyze how project design and implementation.122 It a large infrastructure project could exacer- understand and address the project risks to was only after the complaint was filed that foreign and migrant, who are not bate the GBV endemic in the Kivu regions. women and girls. It could also have warned Management partnered with local NGOs to from this area, what does that the community about project risks and While it recognized some risks to women increased their ability to withstand them. create a system to refer all complainants to mean for women and children and girls associated with the project, and medical, psychosocial, and legal services. envisioned some mitigation measures, Local partners’ involvement is especially who are living there? these were insufficiently robust consider- crucial in FCV regions, where the rule of law The policy non-compliance in failing to It is a very basic question which and social support services have often establish a GRM led to Panel Findings 8–11 ing the well-known vulnerability of females deteriorated. In some cases, NGOs and in its Uganda Investigation Report, includ- was not asked in either of the due to local violence. The Panel thus found Management in non-compliance with sev- civil society organizations (CSOs) can ing that “The RAP (Resettlement Action design[s] of the two projects. eral policies “for not properly assessing the strengthen project appraisal and planning, Plan) set out a procedure for establishing —Imrana Jalal, Inspection Panel Chair, then later serve as third-party monitors a GRM that included employing a RAP gender-based violence risks considering the May 23, 2019 endemic GBV rates and the high vulnerabil- either to receive complaints or ensure that Implementation Consultant with field pres- ity of women and girls in the project area, mitigation is carried out as intended. ence along the road in collaboration with a local NGO funded to monitor RAP effective- The Uganda road construction occurred and for the lack of appropriate mitigation Local expert NGOs could have helped ness. This was not implemented.” 123 along a route many young girls took to measures to address the high risks of GBV monitor the possibility of project-related school. Extreme poverty in the area meant that led to serious harm to women and girls GBV in both cases. This was not done until (d) Analysis of the Consequences of the relatively affluent workers could lure in the community.”116 after the complaint was made in Uganda, Male Labor Influx for Construction local girls into exploitive sexual relation- These examples of policy non-compliance117 when the Bank hired expert NGOs to help ships with offers of money and gifts. It is Given the many risks of GBV associated led the Bank to develop its Good Practice implement remedial measures. During its important to note that in Uganda those with the presence of numerous male work- Note (GPN) on GBV in 2018118 to help staff investigation, the Panel worked closely younger than 18 cannot legally give consent, ers, any project requiring a large, temporary identify and manage the risks of SEA/SH with a local NGO—JFCU—which was also the and most of these girl victims were minors. workforce should automatically receive that might arise in future major civil works Requesters’ official representative in the Girls who rejected such temptations were greater scrutiny and safeguards. While contracts,119 preceded by the Directive for complaint. JFCU had already mapped the nevertheless forced into sexual encounters project-connected population changes Addressing Risks and Impacts on Vulnerable victims, helping the Panel considerably. and raped. As a result, several contracted might indeed benefit the community— and Disadvantaged Groups.120 Management also utilized JFCU’s services STIs such as HIV and/or became pregnant. bringing welcome trade, employment, and 28 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Lessons from Panel Findings 0n Policy Applications Related to GBV 29 All nine pregnant girls interviewed by the to withstanding the well-known impact of Panel were forced to drop out of school. labor influx, which in this case was exacer- This trend was also seen along the Bukavu- bated further [by] using military personnel. Goma Road in the DRC. The community In the absence of mitigation measures members spoke of prevalent “survival sex” implemented by the project, sexual exploita- as the women and girls who walked along tion and abuse occurred.”129 the road were pressured into relationships Such policy non-compliance130 is now rec- with the foreign construction workers to ognized by the Bank, which developed obtain money or other basic necessities. a guidance note—Managing the Risks of The Panel also learned about sexual harass- Adverse Impacts on Communities from ment in Uganda of boys unconnected with Temporary Project Induced Labor Influx,131 the road. Boys in Focus Group Discussions published on December 1, 2016—as a direct (FGDs) described the workers as threaten- outcome of the Uganda complaints in 2014 ing, and they related several incidents of and 2015 and the Panel’s Investigation male youth being physically assaulted while Report.132 According to the note, it is walking past construction sites. They added important that the contractor in a Bank- that the workers used confrontational lan- supported project implement robust guage and mocked their masculinity.127 measures to address the risk of GBV, intro- ducing, among other things, a workers’ CoC The Panel’s Investigation Reports for both as part of the employment contract, and projects found that Bank Management did including sanctions such as termination for not properly evaluate or anticipate the non-compliance. potential impact of labor influx in the envi- ronmental and social assessments. There (e) Project Grievance Mechanisms was no analysis of where workers would (GMs) live, how they would interact with the local Bank safeguard policies at the time of both communities, and the pressures they might investigations called for projects involving place on the availability of services. There involuntary resettlement and indigenous was also no awareness-raising or sensitivity peoples to include a GM responsive to training of the workforce on gender issues. local communities. Nevertheless, neither Furthermore, in the DRC no CoC—describing project had an adequate GM, and it took expected behavior and disciplinary actions formal complaints filed with the Panel for for misconduct—had been implemented. Management to address these oversights FA B R I C F R O M S O U T H A S I A And both projects failed to consider how and to prompt investigations that revealed legions of workers might contribute to GBV the GBV that had occurred. against women and children, with the Panel finding in Uganda that project documents In Uganda,133 the Panel found the project’s “lacked required analysis of risks to women GRM was not in compliance with Bank and children caused by labor influx….”128 policies.134 The Panel noted that a fully functioning and truly representative mech- Similarly, the DRC Investigation Report said anism could have helped identify problems “the project was operating in a complex early on. In the DRC, the Panel learned that context of instability, high rates of pov- community members were unaware of the erty and vulnerability. In this environment existence of a functioning GRM135 and that local communities were even less resilient the local grievance redress committees did 30 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Lessons from Panel Findings 0n Policy Applications Related to GBV 31 not ensure confidentiality of complaints. It In their complaints, the Requesters and military personnel are often de facto is essential to recognize that a GRM without explained the barriers to holding perpe- exempt from punishment for their crimes, BOX 4: UGANDA LEGAL gender or GBV expertise cannot effectively trators accountable for GBV.143 The Panel including GBV. The laws and justice sys- CONTEXT FOR GBV deal with GBV complaints, which require noted in its Uganda Investigation Report tem in such countries often treat women high levels of confidentiality and sensitivity. that “[t]his community is largely dependent unfairly, embedding gender discrimination GBV expertise is also necessary to discern on subsistence agriculture and suffers from in the legal system. This is an even greater “The path of victims’ access to justice is strewn with obsta- and address the different kinds of GBV under-resourced government institutions, barrier for underage girls, who face dif- cles, including inadequate or dismissive responses by po- experienced by women and children, includ- weak law enforcement, tolerance of VAW ficulty dealing with law enforcement or lice, medical and judicial personnel. Some official responses ing boys. For GRMs to succeed, they must [Violence Against Women] and [abuse of] GRMs. Such was the case in both projects reflect widely held attitudes that a woman is to blame if be accessible to all victims and offer appro- girls, lack of access to appropriate sexual studied here but this was not considered by she is subjected to violence and that it is more important priate responses. The Panel noted in the and reproductive health knowledge and ser- the Bank design teams when assessing risk. to preserve the family unit than to protect the safety and DRC Investigation Report that “although vices for adolescents, and high prevalence Neither project asked the critical questions: the rights of the woman. The result is that many women are the safeguard documents laid out the estab- of HIV/AIDS.”144 Management thus urged the In these contexts, if females are raped or reluctant to report violence to the authorities. Survivors lishment of a GRM, the mechanism was not GoU to attend to the allegations of sexual sexually exploited by contract workers, will claim that in some cases, police promote family reconcilia- operational prior to receipt of the Request misconduct and to ask law enforcement and legal accountability be possible? If not, how tion instead of criminal justice.” [for Inspection] and community members child protection agencies to follow up the should this be reflected in project design? had no avenue to raise their concerns.”136 complaints immediately.145 —Amnesty International Report153 Although there is a degree of de jure equal- Management acknowledged this mistake.137 In its DRC report, the Panel observed that ity in both countries’ legislation, there is a These occurrences of non-compliance 138 “project-related harm occurred in a com- chasm between law and practice, and the photocopying the police form and possibly have led Management to outsource respon- munity suffering from persistent poverty, reality on the ground is far from equal. For even the costs of police transportation sibility for operating GMs to expert NGOs, forcing children (and girls in particular) to example, although a Ugandan Defilement used to search for perpetrators. Often since the ESF now requires GMs for all proj- seek alternative income sources and [tol- Law was enacted to protect girls and the government health center is far away ects.139 NGOs may also redress allegations erating] institutional weaknesses that do establish punishment for having sexual and under-resourced, and victims must serving as intermediaries, or as indepen- not encourage law enforcement to protect intercourse with a girl younger than 18, and pay for testing at a private health service dent GMs responsible for implementing a the community’s girls.”146 It further noted reports of defilement increased after the provider.156 Impunity from accountability GBV action.140 that “[d]espite such legal protections law passage of the law, enforcement remains for project-related GBV went unexamined enforcement remains weak”147 and that weak and older men allegedly often bribe by both projects, losing opportunities for (f) Consideration of Legal Context there was “widespread distrust of the legal the police or the victim’s family to settle and Impunity better project preparation and targeted system.”148 It cited the “systemic sexual vio- cases out-of-court.152 GBV responses in action plans. The Panel Many countries have well-documented lence Congolese women endure…[and the] therefore made several findings of policy As the Panel found, fear of retaliation and and pervasive legal gender discrimination, impunity for the perpetrators….”149 non-compliance in Management’s failure stigmatization, bureaucratic hurdles, high impunity from prosecution for perpetra- to assess risks properly in both the DRC 157 In Uganda, the Panel identified only one costs, and distrust of the legal system tors, and related poor law enforcement.141 and in Uganda.158 Remedial measures were case in which the perpetrator was held encourage victims and their families to Referring to credible studies and analysis, only taken after complaints were made to accountable for his actions through the accept out-of-court settlements with per- the Panel noted this in both investigations the Panel in both cases. Since the investiga- legal system and sentenced to four years petrators.154 Survivors were routinely ostra- when it examined the context of the law tions, however, the Bank has adapted GMs in prison. After the Panel’s investigation in cized by their communities, forcing some and how it might affect accountability. to improve the handling of complaints of the DRC, Management reported in 2018 that to move away. Many did not report GBV, When considering the country reports SEA/SH in the projects it finances. three of six female survivors of GBV com- fearing they would be unable to marry or of women in Uganda and the DRC, the mitted in the contractor’s labor camp had that their partners would end their relation- (g) Analysis of Consequences on Committee on the Elimination of All Forms filed legal complaints.150 However, all three ships due to the stigma.155 As an example Projects in Areas of Fragility, Conflict, of Discrimination Against Women (CEDAW) of these cases were dismissed by the court of these barriers, according to the Bigodi and Violence (FCV) concluded that legal gender discrimination due to “insufficient evidence.”151 Police, a rape victim must show proof of persists, that perpetrators of GBV often Much of the DRC is a conflict area where the age—which can be challenging where many enjoy impunity,142 and urged both countries In countries where law enforcement is presence of state and non-state fighters, people lack birth certificates—and pay for to address these problems. challenging, civilian men, security forces, security forces, and local militia increase the 32 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Lessons from Panel Findings 0n Policy Applications Related to GBV 33 risk of violence against women and children. eastern conflict-affected provinces of North correlates with the issues of FCV and labor forces, including those related to GBV, were The Panel found the fact that the project and South Kivu.164 influx—or, more generally, population shifts— not assessed when preparing the project. was being implemented in an FCV-affected outlined above. Furthermore, there was neither a formal These risks were examined by the Panel’s country was not considered, so the project agreement between the contractor and the investigation into the GBV experienced The Panel noted how the use of security design lacked relevant project response Congolese Armed Forces (CAF) outlining along the Bukavu-Goma Road. In its forces increased the risk of GBV in the DRC measures. It noted that the Bank must their respective roles and responsibilities Investigation Report, the Panel described case. In one instance a girl reported being deploy its best skills and resources and nor a mechanism for handling incidents how security forces working for the con- raped by a military guard hired by the make every effort to ensure that its projects that might arise. No vetting of security per- tractor perpetrated GBV. The Panel team foreign contractor to provide security for do not exacerbate existing risks. This was sonnel or training was conducted, despite spoke to a girl who told of being raped by foreign workers in a temporary labor camp. not the case for this project.159 the CAF’s well-known record of abuses. a foreign worker while a military guard She said, “I was assaulted while returning The Panel thus found that “Management GBV in FCV-affected communities can man- hired by the project contractor guarded the from the local manioc mill after dark. I failed to identify risks and mitigation mea- ifest in several forms, from forced and child door. Her mother was afraid to complain screamed for help, but no one came to my sures associated with excessive use of force marriages to SEA/SH exacerbated by weak to authorities because another community rescue.” Even in cases when no violence by military personnel engaged by the or nonexistent rule of law.160 The DRC case member who had done so had been beaten occurred, the contractor’s employment of contractor in an adequate and timely is a valuable example of how an FCV envi- by security force members. However, the security forces—whether government sol- manner in non-compliance with the Bank ronment can breed GBV. In its Investigation project team had failed to explore these diers or private militia—helped create an policies on Environmental Assessment Report, the Panel dissected the rampant issues. The Panel found that “the project’s environment of insecurity and intimidation. (OP/BP 4.01) and Investment Project gender inequality and subsequent “perva- overall analysis of risks and their impacts, In the DRC case, the Bank was unaware Financing (OP/BP 10.00).” 170 This non- sive, systemic sexual violence” caused by particularly regarding the security risks, the contractor had engaged security compliance led the World Bank to publish many factors, including “harmful attitudes was inadequate. Therefore, the mitigation forces until after the Panel received the its 2018 Good Practice Note: Assessing and toward women, a context of impunity, and measures fell short of adequately protect- Request for Inspection. As a result, the Managing the Risks and Impacts of the Use weak governance.”161 Gender inequality is ing affected communities from harm.”165 social impacts associated with security of Security Personnel.171 magnified by FCV environments, which This non-compliance with Bank policy166 led feeds a pernicious cycle: Many girls drop to the inclusion of GBV in the new World out of school due to pregnancy or early Bank Group FCV Strategy,167 as explained in marriage, with the result that only 10.7 more detail in Chapter 6. percent of women are educated to the sec- ondary level.162 Unable to use an education (h) Analysis of Consequences of the to enter the formal labor market, women Use of Security Forces must engage primarily in informal and The inadequate risk analysis mentioned agricultural labor, which deprives them of above168 occurred even though the DRC’s the legal and social protections and other fragile, post-conflict context posed major benefits associated with formal work. The challenges for project preparation and extant gender inequality is further aggra- implementation and the institutional capac- vated by conflict in eastern DRC, where ity constraints in DRC were well known. state and non-state armed guards place As the Panel found, a thorough review of women and girls at high risk of violence and gender considerations is a prerequisite GBV. In 2016, the UN Stabilization Mission for any decision to use security forces in in the Democratic Republic of Congo veri- a project since local women often have fied 514 incidents of conflict-related sexual poor experiences with security personnel, violence, with 68 percent of these incidents who tend to be male. The risk of GBV or attributed to non-state armed groups and intimidation against women may increase 27 percent blamed on the Congolese Armed as the number of security forces in the Forces.163 Access to services for victims of project area grows,169 and that risk closely GBV remains limited, particularly in the 34 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Lessons from Panel Findings 0n Policy Applications Related to GBV 35 F I G U R E 3 : T H E P A N E L’ S U G A N D A & D R C I N V E S T I G AT I O N S A N D C H A P T E R 6 T H E BA N K’S AC T I O N S—A T I M E L I N E THE TRANSFORMATIVE IMPACT Dec 2014 The Panel receives a Request for Inspection OF THE PANEL CASES related to the Uganda TSDP The Panel does not register the Request, giving the Bank time Jan to address the issues raised 2015 The Panel receives a Sept new Request for Inspection (a) Introduction 2015 I of the Uganda TSDP n August 2016 and April 2018, respectively, The Bank suspends Oct the Panel concluded its investigations the Uganda TSDP 2015 in the Uganda and the DRC cases. The Bank cancels The Panel’s findings highlighted the Dec the Uganda TSDP Bank’s non-compliance in identifying, 2015 preventing, and responding to The Board approves the Panel recommendation to Jan GBV in these projects, which investigate the Uganda TSDP 2016 helped prompt group-wide and The Panel submits the Uganda transformational changes at the Aug TSDP Investigation Report Bank, as well as some changes at 2016 to the Board other institutions. The Bank announces the Aug Intense Media Scrutiny and creation of the GGBV Task Force 2016 EY Internal Pressure. Although the RK Oct The Bank launches Panel played “a decisive role in driv- the GGBV Task Force ing institutional change around the TU 2016 The Bank publishes the Uganda case,”172 it was not the only fac- M Nov O Uganda Lessons Learned and tor. The Bank faced intense international R 2016 F Agenda for Action media scrutiny over the harm caused by the The Panel receives a Request IC project. The World Bank canceled the project, R Aug for Inspection related to FA B and the Board “condemned the Bank’s actions in this 2017 the DRC Pro-Routes Project case and provided strong oversight of management’s response, pushing it to do more and The GGBV Task Force Aug better at all stages.”173 Jim Yong Kim, the World Bank Group president at the time, issued a publishes its recommendations 2017 statement on the institution’s inadequate supervision of the project (see Box 5). JFCU and The Bank partially suspends the Bigodi community continued to play important roles monitoring the Bank response. Nov funding for the These factors combined to spark the transformative institutional changes that followed. 2017 DRC Pro-Routes Project The Board approves the Panel’s Since the investigations, the Bank has committed to preventing and addressing project- recommendation to investigate the Dec related SEA/SH harm and risks by implementing several systemic and operational reforms. DRC Pro-Routes Project 2017 This chapter discusses these institutional and operational changes and their impact on the The Panel submits the World Bank Group, IFIs, IAMs, and other institutions. Apr DRC Pro-Routes Investigation 2018 Report to the Board 36 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Transformative Impact of the Panel Cases 37 The Global Gender-Based Violence Task Addressing SEA/SH in Investment BOX 5: WORLD BANK GROUP PRESIDENT JIM YONG KIM Force. On October 13, 2016, two months Project Financing of Major Civil O N T H E I N S P EC T I O N PA N E L R E P O RT O N after the Panel submitted its Uganda Works. The Bank’s Good Practice Note THE UGANDA PROJECT Investigation Report to the Bank’s Board, on Addressing Sexual Exploitation and the Bank launched its Global Gender-Based Abuse and Sexual Harassment (SEA/SH) WASHINGTON, August 11, 2016—The World Bank Group issued the following statement from World Bank Group Violence Task Force175 to improve the insti- in Investment Project Financing involving tution’s response to sexual exploitation Major Civil Works180 was prepared in 2020 President Jim Yong Kim regarding the Inspection Panel report of its investigation of the TSDP: and abuse issues. The task force included to strengthen the environmental and social “The Inspection Panel has delivered to the World Bank Board its investigation report on the Uganda Transport members from academia, NGOs, founda- provisions of Bank operations, and to help Sector Development Project. The failures in this project have prompted us to assess all similar projects to en- tions, the United Nations Children’s Fund, staff identify and manage the GBV risks— sure that we are upholding the principle of doing no harm. Last December, we took the highly unusual step to and government. It published a report in including SEA/SH—that can arise in major cancel the project before the Inspection Panel investigation was completed. We made this decision because of 2017176 that made recommendations for civil works contracts.181 This note supple- the seriousness of the allegations, especially concerning sexual misconduct that involved contractors hired by protecting women, children, and other pop- mented the introduction of the Bank’s 2018 ulations at risk where Bank projects occur. ESF by providing staff with good practices the Ugandan government. We informed the Board, and since then we have taken concrete actions to support the The Bank then developed an action plan177 on GBV risks and their impact both on proj- affected communities, prevent retaliation against those who raised concerns about the project, and assist the for implementing these recommendations. ects prepared using the ESF standards182 government of Uganda’s efforts to address deeply rooted social problems. The plan specified key steps to address the and those adhering to the earlier safeguard As is customary following Inspection Panel reports, the World Bank management now will prepare a thorough re- institutional priorities of enhancing social policies. The note was informed by and sponse to this investigation, which we will present to the Board this fall. And according to our normal procedure, risk management, strengthening opera- builds on the GGBV Task Force Report’s rec- both the report and response will be publicly disclosed following the Board meeting. But it has become clear to tional systems to improve accountability, ommendations, further contributing to the and building staff and client capacity to growing knowledge base of the subject. me and my senior leadership team that we must immediately take additional steps. deal with GBV risks through training and Code of Conduct. Since September 2018, ...As an immediate step, we are in the process of creating a Global Gender-Based Violence Task Force to advise the guidance materials. The plan led to several the personnel of all large works contractors institution on best practices for reducing risks to community safety in connection with our development projects. diverse, transformational changes at the must sign a CoC that describes the values World Bank. The new Task Force…will include outside experts on gender-based violence and World Bank staff…focusing on the Bank promotes and defines the behav- strengthened approaches to identifying threats and applying lessons in World Bank projects; more robust gender Lessons Learned. The Bank reviewed the ior expected from employees of a Bank- assessments; and improved approaches…. performance of environmental and social funded project. The CoC also stipulates safeguards in all relevant, Bank-financed provisions for addressing SEA/SH, which …The timing of the conclusion of this Inspection Panel investigation, coming so close to the passage of our new projects in Uganda, and conducted a com- include prohibitions against sexual activi- safeguards, could not be more poignant for me....That is precisely why I have announced that we will significantly plementary examination of the risks of sex- ties with legal minors (i.e., anyone younger increase resources devoted to implementing the new framework, and why I am putting in place this new Global ual abuse involving minors and child labor. than 18), how allegations will be handled, Gender-Based Violence Task Force.” These led to publication178 of the results of the appropriate time frame for processing Management’s internal, lesson-learning ini- complaints, and the range of possible con- tiative to address the problems revealed by sequences for perpetrators.183 All workers investigation of the TSDP. must complete relevant training courses on (b) Institutional and Operational toughening environmental and social provi- the environmental and social requirements Changes at the World Bank sions for Bank operations when civil works Managing the Risks of Project-Induced in the contract, including on health and are carried out in, or near, vulnerable com- Labor Influx. As mentioned above, after After the Panel received complaints and safety matters, sexual exploitation, and sex- munities and in other high-risk situations, submission of the 2015 Uganda complaint conducted investigations, Management and ual abuse.184 (ii) issuing staff guidance and good practice and the Panel’s investigation, in December the Board discussed broader lessons and notes to manage risks related to labor 2016 the Bank disseminated a guidance Disqualification of Contractors. On proposed an agenda of actions to address influx, (iii) strengthening oversight arrange- note179 to its staff on labor influx challenges. November 24, 2020, just as this publica- systemic and institutional constraints, ments and staffing for safeguards, and (iv) The Bank then carried out a portfolio-wide tion was being completed, the World Bank strengthen oversight of high-risk projects, instituting better tracking of and responses review of projects to ensure that relevant announced in a press release that it had and prevent recurrence of project non-com- to community complaints.174 issues were being appropriately managed. become the first multilateral development pliance and GBV harm. These included (i) 38 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Transformative Impact of the Panel Cases 39 process. Among other changes, bidders bank to disqualify contractors for failing to Good Practice Note on Assessing and must now declare whether they have had B OX 6 : T H E I M P O R TA N C E comply with GBV-related obligations. Such Managing the Risks and Impacts of Using contractors will not receive Bank-financed Security Personnel. The ESF requires bor- a contract terminated, suspended, or sub- OF LEADERSHIP jected to a performance security check due IN TRANSFORMING contracts anywhere in the world for two rowers to evaluate and prepare to handle to previous poor handling of environmental, INSTITUTIONS. SEMINAR, years. After this period, the contractors potential environmental and social risks social, health, and safety issues, including G R E E N C L I M AT E F U N D will have to demonstrate their capacity and the consequences that may arise from GBV. The procurement bidding document to meet the Bank’s requirements for pre- Bank-supported projects—including threats also includes specific requirements for venting GBV before receiving a new Bank- to human security from personal, commu- SEA/SH prevention, including a CoC. These “From interviews with people involved in the GBV Task financed contract. The World Bank said nal, or interstate conflict, crime, or violence. bidding documents are now used by bor- Force, including one of its chairs, Kathy Sierra, and Caren the disqualification mechanism will apply Possible dangers to project workers, sites, rowers to ensure these obligations are Grown, global director of gender at the World Bank, it is to large works contracts procured after activities, and project-affected communities imposed on contractors and have thereby evident that leadership played a significant part in the January 1, 2021, under infrastructure proj- must be identified, assessed, and mitigated given legal effect to the Bank’s SEA/SH transformations that took place at the Bank after the Panel ects rated high risk for GBV. by the borrower throughout the project’s prevention agenda with contractors and investigations. The institution took its cue from President lifecycle. If security personnel will be hired, Directive for Addressing Risks and their personnel. Jim Kim, who made it very clear from the beginning that the potential risks and impacts stemming Impact on Vulnerable and Disadvantaged he wanted to see immediate significant transformations from that decision must be assessed and FCV Strategy. The gender-based violence Groups. The ESF applies to projects at both institutional and operational levels. Important to managed. The GPN Assessing and Managing examined in both Panel cases has led the approved on or after October 1, 2018.185 the Risks and Impacts of Using Security Bank to address GBV specifically in its World this transformation was the senior leadership who took the While it does not explicitly mention SEA/ Personnel supports implementation of Bank Group Strategy for Fragility, Conflict, issue seriously, and beyond that, to heart. These seismic SH, several Environmental Social Standards these ESF requirements.189 and Violence 2020–2025, stating “[t]he institutional shifts would not have occurred without this (ESSs) align with the SEA/SH recommenda- Bank will continue to scale up engagement critical senior leadership.“ tions in the Good Practice Note, including: Adapted Grievance Mechanisms. The ESF to prevent gender-based violence, learning mandates borrowers to provide a GM pro- —Imrana Jalal, Inspection Panel Chair, May 2019 • ESS1: Assessment and Management of especially from its work on the issue over cess or procedure to receive and resolve Environmental and Social Risks the last five years.”192 GBV declines when the concerns and complaints of project- and Impacts, violence in general drops but, in some affected parties.190 Since the investigations Other Impact. Since receiving the com- • ESS2: Labor and Working Conditions, cases, it also requires tailored approaches of GBV allegations by the Panel, the Bank plaints examined by the Panel, the Bank by Bank design teams covered elsewhere in • ESS4: Community Health and Safety, has required GMs to improve treatment has formalized its survivor-centered this report. and of SEA/SH complaints in projects that it approach,194 responding to allegations by finances. The Bank has presented three SEA/SH Risk Screening Tool. The Bank respecting survivors’ confidentiality and • ESS10: Stakeholder Engagement and different models of GMs: In the first model, has also designed a tool to screen major their choices. One of the most effective Information Disclosure.186 the project GM—established under ESS10— civil works projects during their project ways of addressing SEA/SH risks and The ESF makes it easier to establish GBV is adapted to address SEA/SH cases. In the concept stage, helping Task Teams under- potential harm is to work with GBV service non-compliance findings for new projects, second model, the project GM links to an stand and identify project-related SEA/ providers, community-based organizations, and includes a directive187 requiring staff to existing intermediary for redress of griev- SH risks. This living document rates the and specialists to prevent such cases. conduct due diligence on the risks to indi- ances. The third model builds an indepen- project as low, moderate, substantial, or Accordingly, the number of GBV specialists viduals and groups who might be adversely dent GM by outsourcing responsibility to a high risk based on a score weighing 25 within the Bank has grown from one in 2015 affected or excluded from project benefits third party—e.g., a specialized NGO. fact-based indicators. The ratings will help to eight in 2020. The Bank has also devel- due to gender, sexual orientation, and gen- The appropriate model (or a hybrid) will project management assess the need for oped training for its staff, raising awareness der identity. The ESF aims to enhance equal depend on a project’s context and the local appropriate mitigation measures. If the of SEA/SH risks and familiarizing staff with opportunity and nondiscrimination toward SEA/SH risk.191 project is considered high risk, Management new measures and requirements.  project-affected individuals or communities, is advised to hire a GBV specialist and to and to consider the needs of indigenous Improvement in the Procurement (c) Impact on Other Institutions identify relevant local actors or potential Process. As a result of the Panel’s inves- peoples, minority groups, and the disad- partners working with SEA/SH issues—from The Bank’s recent institutional transforma- tigations, GBV-related requirements were vantaged or vulnerable, especially where ministries to CSOs to women’s NGOs and tion has inspired other IFIs to take actions embedded in the Bank’s procurement adverse effects may arise.188 other groups.193 to prevent and address projected-related 40 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Transformative Impact of the Panel Cases 41 SEA/SH within their own institutions. Some with clients. The IFC’s IAM—the Compliance of this has occurred through the inter-bank Advisor Ombudsman (CAO)—also prepared MDB Working Group on Gender—whose a guidance note198 on how to adopt a gen- roster consists of many MDBs and IFIs—as it der-inclusive approach in its dispute res- seeks to apply World Bank lessons on GBV olution process. The note was developed to its members’ operations. to respond to insufficient gender parity in CAO’s mediator network, to enhance gender The International Finance Corporation diversity in community representation, to (IFC). Following the launch of the GGBV comply with Bank and UN policies requiring Task Force, the IFC published a GPN on gender inclusivity, and to incorporate the Managing Contractors’ Environmental and data from the peacebuilding arena showing Social Performance,195 incorporating key the relevance of gender inclusivity to suc- recommendations from the task force cessful dispute resolution outcomes. regarding codes of conduct, training, GMs, and support for SEA/SH survivors. The The Green Climate Fund (GCF). Galvanized Environmental & Social Policy and Risk by the Panel cases and lessons learned, the GCF’s independent accountability mecha- nism—the Independent Redress Mechanism The IRM’s first Advisory Report to (IRM)—recently published an advisory the GCF, based on the report199 titled Prevention of Sexual two cases investigated by the Exploitation, Abuse and Harassment in GCF Projects or Programmes (P&PrSEAH): Panel from Uganda and DRC Learning from the World Bank’s Inspection working with the GoU to implement actions The Emergency Child Protection on sexual exploitation, abuse Panel Cases. The GCF’s Secretariat submit- supporting the project-affected communi- Response Program. The Bank also sup- and harassment, allows us to ted a positive management response that ties—addressing the needs of children at risk ported GoU’s efforts to develop and imple- acknowledged the lessons on preventive and protecting accusers of transgressions ment an ECPR program to respond to draw lessons from good actions and potential systemic changes.200 from retaliation. The Bank also contrib- non-compliance and strengthen community international practice. uted to institutional reform at UNRA by structures to improve handling of the needs The Asian Development Bank (ADB). An The Panel can certainly claim eligibility report prepared by the ADB’s providing technical assistance to develop of both children at risk in the affected an Environmental and Social Management communities and survivors of GBV. It was this as a good outcome where its IAM—the Compliance Review Panel—in the System, and a Community Engagement financed by the Bank and implemented impact is felt farther than case of the Georgia Nenskra Hydropower Strategy and Work Plan which includes a by a Ugandan NGO—BRAC Uganda.205 In Project,201 which was not investigated, sug- the World Bank itself. gested that the findings of the two Panel GM specifically for child survivors and popu- line with emerging best practices, BRAC’s lations at risk of GBV.203 services were not restricted to the survi- —Lalanath de Silva, Head, cases discussed above gave ample warning vors of TSDP-related GBV but were avail- Green Climate Fund, IRM of the social risks to women and children The Government of Uganda. Since the able more widely. The ECPR program’s associated with a massive arrival of male Panel’s investigation, the GoU has com- support reached 1,061 local girls through workers during the construction period.202 menced a national campaign to reduce Department (CES)196 gender team coor- 35 Empowerment and Livelihoods for It noted that this influx would create a secu- violence against women and girls, and the dinated with environmental and social Adolescents Clubs. Its activities concluded rity risk for which the project had provided cabinet has approved a National Policy and specialists, the IFC Gender Secretariat, in July 2017 with the introduction of a more no mitigation measures to protect women Action Plan on the Elimination of Gender- and World Bank GBV specialists to expand sustainable and comprehensive program. and children. Based Violence. The GoU further confirmed learning and collaboration. Together they to the Bank that it is committed to ensuring The SCOPE Project. Coordinated by developed an internal tip sheet197 providing (d) The Impact in Uganda that social and environmental safeguard Uganda’s Ministry of Gender, Labor and background on GBV, outlining CES’s commit- Following the fallout from the investigation policies are followed when undertaking Social Development (MGLSD) in close col- ment to addressing GBV in IFC projects, and of the TSDP, Bank Management started large infrastructure projects.204 laboration with line ministries, departments, providing guidance on how to address GBV 42 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Transformative Impact of the Panel Cases 43 agencies, Kamwenge and Kabarole district its capacity to manage its roads program, C H A P T E R 7 local governments, and CSOs, the SCOPE project—Supporting Children’s Opportunities through Protection and Empowerment—has and had changed its culture and commit- ment to engage communities and deliver projects that both enhance social impact THE ROLES THAT IAMS PLAY reactivated the efforts of many actors in the target districts and motivated them to and address labor influx issues. Based on the lessons learned, UNRA adopted correc- IN PROVIDING ACCOUNTABILITY talk openly and report cases of child abuse and GBV. Since its implementation, the tive measures to improve its responses to gender, GBV, and other types of non-com- FOR PROJECT-RELATED GBV District Action Centers have been renovated pliance.207 UNRA continues to process and have registered significant progress contentious, complicated cases related to on the cases reported through the Uganda compensation for project-affected people, (a) GBV—An Emerging Issue for IAMs A Child Helpline. Data collection and docu- and to recruit reputable local NGOs to work s demonstrated by the two Panel cases, mentation of cases has also improved at on enhanced social impact management GBV is an increasingly important police, District Action, and health centers.206 along all Bank-financed road corridors. issue for IAMs, international NGOs, and similar bodies.210 Uganda National Roads Authority. In UNRA and MGLSD Cooperation. The The United Nations Development December 2015, the Bank canceled fund- Bank has supported UNRA and the MGLSD Programme’s (UNDP) complaint ing for the TSDP. However, in June 2017 in identifying and stipulating the roles mechanism—the Social and it lifted suspension of the components and responsibilities of different parties to Environment Unit (SECU)—also of the civil works of the North Eastern make GBV responses more systematic.208 In investigated a GBV complaint for Road-corridor Asset Management Project January 2018, UNRA signed a memorandum the first time, issuing its findings and the Albertine Region Sustainable of understanding with the MGLSD defining in October 2019. In that case, the Development Project. This decision resulted their cooperation on addressing the nega- investigation found that UNDP from the Bank’s conclusions that UNRA had tive impacts of road works and the influx of Malawi did not meet appropriate made sufficient progress strengthening labor in road construction projects.209 gender equality standards, as female A IN Registration Officers were made CH vulnerable to SEA/SH during M their assignments. O R F IC R B FA 44 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Roles that IAMs Play in Providing Accountability for Project-Related GBV 45 dismissal, the alleged reasons were linked against women throughout the world and B OX 7: U N D P ’ S S E C U I N V E S T I G AT I O N — M A L AW I : to SEA/SH. However, for non-related tech- in all cultures prevails on an unimaginable N AT I O N A L R E G I S T R AT I O N A N D I D E N T I F I C AT I O N nical reasons, the IAM neither investigated scale, and women’s access to justice is often SYST E M P RO J ECT the complaint nor pursued the claims.221 paired with discriminatory obstacles—in IFC’s IAM—the CAO—is also dealing with two law as well as in practice.”223 Furthermore, ongoing, GBV-related cases. reporting GBV to justice agencies to seek In 2017, UNDP’s SECU received a complaint concerning labor issues in the Malawi National Registration and legal recourse against perpetrators can Identification System Project.211 The project involved the employment of Registration Officers (ROs) who traveled From 2016 to date, three IAMs—the Panel, bring significant risks of retaliation and around the country to register and issue national IDs to Malawian citizens. SECU’s investigation found that the SECU, and MICI—have completed four inves- further abuse, which can be exacerbated by tigations involving GBV. In all cases they project had failed to assess and mitigate key social risks appropriately, including GBV risks to women employed unresponsive or under-resourced law agen- found their parent institutions had failed as ROs. The project randomly combined ROs, which paired female officers with male officers they did not know.212 cies,224 as recognized by the countries them- to put in place relevant safeguards to pro- The project also failed to ensure that the female ROs had access to separate, safe housing with secure doors and selves (see Box 8 below). In FCV-affected tect women and children. Given the stark windows. SECU found that these housing arrangements discriminated against women by increasing their vulner- countries, victims are even more suscepti- underreporting of GBV, these examples may ability to GBV as well as potentially violating their cultural norms.213 The female ROs believed they had no choice ble to ongoing threats of GBV, and that can represent only a small fraction of actual but to sleep in the same room as their male partners, making many feel uncomfortable and unsafe.214 SECU found worsen their sense of security GBV violations. The recent increase in GBV- and mobility.225 that several ROs described credible sexual harassment or sexual assault incidents as a result of these arrange- related complaints received by IAMs sug- ments, but feared retaliation if they shared this information.215 gests these organizations might prudently prepare for more of them. B O X 8 : L E G A L C O N T E X T— SECU rooted its specific findings in the Social and Environmental Standards Overarching Policy and Principles: E A S T A F R I C A N M A G I S T R AT E S Principle 2. Gender Equality and Women’s Empowerment. Due to the GBV risks, the investigation found that UNDP (b) IAMs—An Additional Form of A N D J U D G E S A S S O C I AT I O N Malawi did not meet appropriate gender standards, as female ROs were made vulnerable to sexual harassment Accountability for Project-Related GBV and assault during their assignments.216 SECU then recommended that UNDP Malawi assess assault allegations Although IAMs are no substitutes for courts and ensure that the appropriate services were made available to victims.217 In this case, the lack of privacy and of law, when project-related harm occurs The association said that access to justice for women security for female project employees left them vulnerable, requiring the IAM to investigate GBV harm and rec- IAMs may provide some form of additional is a critical component of the delivery of justice globally ommend provision of services as a result of non-compliance with relevant gender standards. accountability for GBV victims/survivors to and at the national level. In Uganda, the Justice Law and seek redress from IFIs. IAMs have limited Order Sector conducted an audit that revealed, among mandates to assess compliance with IFI other factors, the limited capacity of the judiciary to de- policies and cannot replace national judicial liver gender-sensitive justice to the general population of In an ongoing compliance review in measures, including building trust among proceedings. However, where gender dis- Uganda, and more specifically to women. The treatment Colombia, the Inter-American Development women and girls. crimination, impunity, and potential retalia- of women in GBV cases in the courts of law was singled Bank’s (IDB) IAM—the Independent tion raise barriers to obtaining justice, IAMs Although most of the 20 IFI IAMs have not out as particularly discriminatory.226 Consultation and Investigation Mechanism may sometimes afford a safe accountability investigated GBV allegations to date, they (MICI)—is analyzing the allegation of an space when GBV occurs in the context of have received various complaints, some When examining the contextual issues the increase in GBV incidents against women, an IFI-supported project. In many places, of which were either ruled inadmissible Panel’s Uganda report noted the challeng- including street harassment, sex work, and legislation and its interpretation—even by or ineligible for investigation for technical ing legal context for victims of violence: rape, since commencement of construc- related enforcement agencies—exhibit wide- reasons. These included cases220 where the “Harm thus occurred in a community suf- tion on the Ituango Hydropower Plant.218 spread historic and systemic gender-dis- complainants appear to be seeking dispute fering from persistent poverty that led girls In a compliance review for another proj- crimination against women.222 As stated by resolution for GBV—one involving allega- to seek alternative income sources, and ect in Chile, MICI found that after IDB the UN Office of the High Commissioner for tions of sexual violence and another involv- from institutional weaknesses that do not received allegations of sexual violence and Human Rights (OHCHR), “discriminatory ing harassment against a pregnant worker. encourage law enforcement to protect girls prostitution, its efforts did not reflect an laws against women persist in every corner Another IAM reported that a subcontrac- [emphasis added].”227 According to a joint appropriate gender perspective219 because of the globe and new discriminatory laws tor dismissed a female worker, allegedly Uganda MGLSD and UNICEF report, “[t]here it failed to assess the impact of flooding are enacted. In all legal traditions many laws because she reported a supervisor’s sexual are many factors that contribute to or hin- the district’s communities with workers continue to institutionalize second class sta- harassment toward female colleagues. der the implementation of [GBV] laws and and to design appropriate project design tus for women and girl[s],” and “[v]iolence Although the grievance focused on unlawful 46 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Roles that IAMs Play in Providing Accountability for Project-Related GBV 47 policies, ranging from the adequacy of programs, to their impunity for perpetrators of violence against women and level of funding, the human resources available, and deci- girls by ensuring accountability and sending a message sion makers….”228 to society that such violence will not be tolerated,” and pointed out how GBV-related impunity weakens the rule As stated previously, the Panel identified only one case of law generally: “Violence against women and girls is a in Uganda in which a perpetrator was held accountable complex social problem deeply rooted in structures of for his actions through the legal system. In 2018, after gender inequality and flourishes in a culture of impunity. the Panel’s DRC investigation, Management reported Such impunity ends up normalizing this type of violence that three of six female survivors of GBV committed in and undermining the rule of law.”235 the contractor’s labor camp had filed legal complaints, and that all these cases229 were dismissed in court due These many factors—in addition to fear of retaliation— to “insufficient evidence.” Of the 67 survivors of alleged often deter women from accessing justice through the rape or sexual assault in the DRC, only seven filed a com- legal system, denying any accountability for their perpe- plaint in the legal system, as reported by Management in trators. In the DRC Investigation Report, the Panel noted March 2020.230 that “[d]espite such legal protections, law enforcement remains weak.”236 In July 2013, CEDAW found that women Although redressing legal gender discrimination has lacked effective access to justice in the DRC due to con- improved overall, many countries still tacitly tolerate tinual delays in judicial and criminal justice reform, and impunity from prosecution for GBV offenders, especially the high costs of legal proceedings. Furthermore, many where law enforcement is challenging.231 Cases of GBV women are unaware of the relevant laws or how to navi- are commonly decided according to parallel or traditional gate judicial labyrinths. Women also fear reporting cases forms of legal justice—which can be hostile to female of sexual violence due to possible stigmatization, retalia- victims, and which espouse patriarchal customary or tion, and a widespread distrust of the legal system.237 religious norms that often favor perpetrators.232 In many non-secular legal regimes, GBV unproven in formal legal Given the well-documented, widespread, historic, and sys- venues or in customary or religious courts can result in temic gender discrimination in the law that is experienced severe punishment for female victims, including execu- by women globally, IAMs may offer additional safe spaces tion, imprisonment for adultery, or forced marriage to for victims of project-related GBV to seek accountability. their assailants.233 For example, a UN Working Group on Challenging rule-of-law contexts, under-resourced judicial Discrimination against Women in Law and in Practice processes, gender-discriminatory legislation or legal agen- report has pointed out that “[m]any of the communica- cies may unwittingly foster impunity from prosecution tions to governments by the mandate holders [UN special and distrust of the legal system. Where a victim wishes rapporteurs] have been in relation to honor crimes com- to preserve anonymity, or there is significant risk of ban- mitted by family members, or to the action/inaction of the ishment or ostracization, or there is fear of retaliation State with regard to stoning, flogging or death by hanging and reprisals for trying to hold perpetrators individually of women for suspected premarital sex, for adultery, for accountable, IAMs may prove useful additional venues for failing to prove rape, and for acts deemed incompatible project-related victims in some limited situations. IAMs: with chastity.”234 • have confidential processes to protect the identities The United Nations Office on Drugs and Crime’s of victims (and perpetrators) and reduce the likeli- Handbook on Effective Prosecution Responses to Violence hood of retaliation; Against Women and Girls documented the widespread • do not require victims to face their perpetrators; impunity for GBV crimes against women, stressing that • can prove project-related harm without attributing “[t]he rule of law is undermined when impunity charac- personal blame; terizes the criminal justice response to violence against women and girls.” It further observed that “prosecu- • base their findings on credible evidence corroborated tors have a key role to play in reducing the high level of by other victims, witnesses, or events; 48 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Roles that IAMs Play in Providing Accountability for Project-Related GBV 49 • can tap the expertise of gender and (c) The Panel’s Approach to BOX 9: GBV specialists; Investigating GBV, Including “ S TA N D - U P Methodology AND TELL YOUR • investigate their parent institutions for S T O R Y I F Y O U H AV E non-compliance with their operational Due to the serious risks victims face when policies and procedures and deliver B E E N S E X U A L LY reporting GBV—particularly in FCV areas—it project-related findings quickly, usually A S S A U LT E D ” — AT A is critical that IAMs adopt a gender-inclusive in less than a year, and and responsible strategy for investigating VILLAGE COMMUNITY this type of harm. They must be sensitive MEETING IN UGANDA • do not burden victims financially, except for costs they might incur traveling to to the fact that investigations and com- When allegations emerged about GBV committed by foreign interviews with IAM investigation staff. pensation to victims can have unintended, and migrant workers in the Uganda case, Bank officials and the adverse consequences. This damaging pros- Uganda National Roads Authority—the country partner—responded Sometimes, the borrower—supported by the pect surpasses the risk of revictimization by calling a community meeting to discuss the GBV complaints and IAM’s parent IFI—may deliver relief to GBV and can hamper the chances of improving general safety concerns about the road construction. “It was a mixed victims even absent any official finding of community dynamics. As the experience in abuse or project involvement, as seen in community with men and women there, and they were asking for the Uganda case described in Box 9 shows, the two Panel cases where victims received people to stand up and say what had happened to them,” such as whether sexual assault occurred, recalls Zeinab El working with project stakeholders and com- assistance regardless of their connection to Bakri, a Panel member from 2012 to 2017 who led the Panel investigation. “Of course, no one did in that setting.”  munity members to uncover and substan- the projects. In Uganda, as part of the Bank- tiate GBV allegations can be ineffective if As a result, the Bank accordingly reported that no complaints related to GBV were raised at the meeting, which the supported ECPR program, the borrower conducted in gender-insensitive ways. community perceived as ignoring the issue. Only when the Panel later registered the community’s complaint did the provided counseling and therapy sessions, Recognizing these challenges, the Panel’s Bank substantiate instances of GBV with the help of gender specialists. assistance with school reintegration, addi- tional training programs, support for pre- paramount concern was victim protection as it investigated the GBV allegations in “Who would I tell about this? There’s nobody who and post-natal care, and a monthly stipend to help meet basic needs238 of project-re- Uganda and the DRC, and it consciously can help. Nobody seems to be responsible for lated GBV survivors and other victims.239 improved its methods by using specialist these men’s behaviors [sic]. They walk how they An IAM can also protect the reputation of investigators, among other changes, as want, where they want.” its parent IFI by responding quickly to GBV outlined in a chapter above on the DRC. The —Under-aged Girl complaints, consistent with the institution’s investigations sought to answer the follow- “At first I didn’t tell anyone what had happened. stated goals on gender equality. ing questions:240 I was scared and thought I would be punished by Although some IAMs do not conduct inves- • Were there instances of project-re- my mum.  I didn’t think he would be punished. tigations on policy noncompliance by their lated sexual and gender-based vio- Can that happen? I knew I was pregnant because I parent institutions if a case is pending or lence (including rape, child sexual didn’t feel well and didn’t get my period.” sub judice before a formal court of law, for abuse, sexual exploitation, and sexual —15-year-old Rape Victim many—including the Inspection Panel—an harassment)? investigation does not preclude simulta- • What were the extent and conse- “The women who work there, they have had to neous legal action if the victim wishes quences of such occurrences? accept the practice. They want to keep their jobs, to pursue both avenues. Going forward, so they have to have sex. The men give jobs to the • Was the risk of GBV harm properly iden- heightened publicity about all resources ones they like and if they don’t like you anymore, tified and assessed in the project? available to victims could help them pursue they chase you away.  I hear from others who • Did the project include preventive and some form of accountability. Furthermore, worked there before me that it was always this mitigation measures? IAMs wishing to provide such outcomes way. The biggest problem is that the men didn’t must consider developing more gender-in- • If so, were they adequate and even use condoms. I know that many of the men clusive, speedy, and effective responses, implemented? suffered from sexual diseases.” and include GBV in their outreach events • Were remedial actions taken to address —Young Woman, Workers’ Camp and in-staff training. the harm? 50 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Roles that IAMs Play in Providing Accountability for Project-Related GBV 51 The Panel investigations adhered to the “ethical principles interviewees the purpose of the interview, the nature of governing human subjects,” namely: respect for persons, the information sought, how confidentiality applied to the pursuit of justice, and application of beneficence.241 In investigation, and what might be disclosed in the resulting both cases, the Panel followed global good practices for report, stressing that no personal information would be conducting research on gender-based violence by priori- publicly released without the interviewees’ prior consent. tizing victim safety, anonymity, confidentiality, and protec- Mitigating Risk of Re-Traumatization. The Panel took a tion from re-traumatization and stigmatization. An earlier conversational approach, beginning each interview with chapter of this report detailed the differences between open-ended questions that gave the interviewee some the Panel’s approach to the two investigations. The DRC control of the discussion. The Panel approached topics project posed more challenges—the need to investigate a by “funneling” events and establishing timelines. This longer road segment, working with less organized com- technique starts with general questions to obtain as much munities than in Uganda, and dealing with the presence information as possible, asking for more detail at each of security forces. Building on its experience, the Panel pass, and culminates with direct, specific, closed questions. used specialist investigators and took a more rigorous, Investigators worked to prevent or minimize any unin- survivor-centered approach in the DRC. The details of the tended effects of interview-related activities and moni- I was doing laundry and cleaning methodology used as described below are from the Panel tored interviewees for signs of trauma. The Panel informed Investigation Report.242 offices at the camp. I had to put in interviewees of available referral services and put them In the DRC case, in addition to an extensive review of directly in touch with such services when desired. 50,000 shillings to get a job there. project documentation, the Panel held focus group dis- The Ugandan man who recruited cussions and individual, in-depth interviews with victims, Evaluating the Credibility of Interviewees and Identifying Fact Patterns and Profiles. GBV is signifi- me was working in HR, I think. community members, service providers, and government cantly underreported, largely because, as noted earlier, officials. At the start of each interview or FGD, the Panel He told me I had to pay a the women who reveal it often endure stigmatization and explained that taking part was voluntary, and participants deposit to get the job, so I did. could decline to answer any question or withdraw at any ostracization. This must be considered when evaluating victim testimony. The courage required to provide this I left a few months ago. stage. The consultants framed the FGDs in a general information—particularly in a context of victim vulnerabil- manner by initially asking about “community trends” I had very strong reasons for ity and poverty in a fragile state—deserves appreciation. rather than individual experiences. The interviews with leaving that work. My superiors victims carefully followed the International Protocol on The Panel strived to maintain impartiality at all times. wanted to have sex with me. the Documentation and Investigation of Sexual Violence Investigations were not required—and did not seek— in Conflict, which describes global good practices for con- to satisfy a legal burden of proof. Rather, the Panel —Young Woman, Workers’ Camp ducting investigations.243 Experts with significant prior established a uniform and careful mechanism for experience in fact-finding and data collection on GBV confirming interview information by repeating questions issues conducted all individual interviews related to and validating pertinent answers with at least two sexual violence. independent sources. In some instances, the Panel asked interviewees to verify information through drawings, and Confidentiality and Informed Consent. To ensure pri- to identify specific details of people, events, or locations. vacy and confidentiality, the Panel worked with local The Panel recognized that inconsistencies in statements intermediaries to arrange a convenient and safe location could signal trauma, nervousness, or reluctance. After and time for the interviews and FGDs. This was partic- the interviews, the Panel assessed the credibility of each ularly important for girls divulging extremely sensitive interviewee, evaluating: information about their experiences. The Panel obtained interviewees’ informed consent prior to commencing an i. what the interviewee may have said on a different interview or collecting external records. For minors, the occasion, team obtained informed consent from a parent or guard- ii. the accounts of witnesses, first responders, or other ian where appropriate and considered the age, needs, interviewees in the same or similar situations, and sophistication of each interviewee. The Panel told all 52 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Roles that IAMs Play in Providing Accountability for Project-Related GBV 53 iii. whether the GBV was project-related, effects on victims, as well as the frequency, 22 percent of Ugandan women ages 15 to necessary to establish the existence of GBV and location, and major events associated with 49 had experienced some form of sexual harm than was needed for other environ- iv. the typologies of the behavior by the harm. The Panel combined this general violence, while annually only 13 percent mental and social safeguards. alleged perpetrators and of the harm evidence with expert opinion to substan- report such abuse.248 This gap indicates As mentioned in its two Investigation suffered by victims. tiate project-related GBV ranging from how daunting the legal process can be for Reports, the Panel did not seek to satisfy sexual harassment to sexual assault. This victims. In the DRC, the United Nations In order to verify testimonies with informa- a legal burden of proof since it is neither survivor-centered approach may be suit- Population Fund recently reported that tion from secondary sources, the Panel also mandated nor equipped to do so. Rather, able for other IAMs preparing to investigate humanitarian actors assisted an estimated held interviews with service providers, com- the Panel contended that IAMs need not such complaints. 30,000 victims of GBV per year, includ- munity members, NGO workers, and govern- document GBV beyond the level of proof ing cases of rape, trafficking and sexual ment officials. The Panel debriefed on each (d) The Evidence and Levels of Proof exploitation.249 In such environments it is required to establish any other social or interview at the end of each day, analyzing Required to Establish GBV Adopted by difficult to understand why project-related environmental project-related harm. The information gathered from individuals, the Panel SEA/SH was not considered highly likely diagram below (Figure 4) demonstrates the FGDs, site visits, material documentation, level of proof sought by the Panel. The Panel struggled with whether GBV, in the cases investigated by the Panel, or and reports. which in most countries is also a crime, why a higher standard of proof seemed should be substantiated like any other I was told I had to stay the night environmental or social harm—such as bio- at the…camp. A foreign worker diversity degradation from construction or FIGURE 4: PROOF OF HARM—GBV d bought alcohol and pressured income losses due to involuntary resettle- eyon able ment. Or does it require a higher standard B on as t me to drink. I became severely of proof or greater evidentiary burden? Re Doub intoxicated and was sexually While Management in the Uganda case assaulted. The next morning when eventually found that project-related GBV had occurred, in the DRC it had initially l I reported to work other foreign m ina ns claimed in October 2017 that it could Balance of i Cr ctio workers showed me photos of not substantiate the GBV allegations.244 Probability/ San myself on their cellphones. The Although the Panel interviewed 22 victims Preponderance in Uganda and substantiated a majority of of Evidence photos showed me naked and their claims of project-related rape, sexual passed out in bed. The foreign exploitation, and sexual harassment,245 in Civil Sanctions workers laughed and made the DRC matter Management accepted that Credible & reasonable e.g., damages, only two of 39 GBV cases were linked to the substantial corroboration disparaging gestures while by different sources, remedies road at the time the Panel’s Investigation continuing to share the photos, Report was submitted to the Bank’s pattern evidence, similar fact evidence speaking in a foreign language Board.246 However, Management did accept the cases of alleged sexual harassment in amongst themselves. the workers’ camp in the DRC. No of —Female Worker Pro In many borrower countries, official report- The Panel then designed a case matrix to ing and prosecution rates do not accurately reveal patterns of behavior and profiles describe the scale of the existing GBV of alleged perpetrators and victims. This problem due to the suppression of these matrix helped identify common and prac- numbers by the stigma surrounding GBV No ions ct tices of perpetrators, the groups involved, and the sluggish pace of gender equality San the kinds of harm committed, and its reforms.247 For example, in 2016 as many as 54 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE The Roles that IAMs Play in Providing Accountability for Project-Related GBV 55 The Panel chose to establish a level of • Legal corroboration of sexual violence C H A P T E R 8 proof captured by the following question: Is there reliable, credible, and reasonable, first-person testimony of GBV, corroborated is no longer required in international law and in many national courts, although it is helpful in convicting per- USEFUL QUESTIONS by other sources and/or supported by anal- ogous facts or patterns of evidence? If yes, petrators and redressing harm. • The accused perpetrators are not being WHEN APPROACHING the inquiry leads to a finding of project-re- lated GBV based on probability, as shown in put on trial, questioned, or cross-exam- ined by the IAM; thus, their rights are A GBV INVESTIGATION the diagram’s green circle above. not being compromised or prejudiced. W This is similar, if not identical, to the meth- • The IAM process investigates claims hen considering an allegation of harm odology and burden of proof used by many of harm to establish policy non-com- due to GBV, the Panel investigation team fact-finding bodies—including national pliances and so that IFIs can provide found it useful to pose the following human rights commissions—when gather- remedial measures—such as psychoso- broad question first: What are ing evidence for non-judicial inquiry and cial, legal, and health support—and not the potential indicators that might research, or when studying patterns for to establish individual fault. establish the likelihood of project- future mitigation measures in projects, There is no logical reason why allegations related GBV? The Panel learned advocacy truth-telling, and reporting to of GBV should face greater hurdles than that a confluence of pertinent human rights tribunals.250 CEDAW accepts claims of other social or environmental factors may help an IAM recognize this level of evidence when examining the harm. To require a higher level of proof whether there is GBV in a project. reports of member states during its tribu- reinforces the stereotypical myths [e.g., The following non-exhaustive, nal hearings on gender equality, as does that women “ask” for GBV by their dress gender-specific questions describe the Human Rights Council when compiling and behavior] about women and GBV and indicators germane to the its Universal Periodic Review of countries’ ignores the historic and systemic discrimi- Panel’s investigations: human rights records and reports.251 nation women face globally. Consequently, the Panel required evidence similar to (a) Project Information IA The Panel recognized that the higher bur- grounds for prevailing under civil law—i.e., AS den of proof required in a criminal trial is • What did the PAD or relevant proj- proof sufficient to pass a probability test. ect, loan document, ESIA, etc., say there to protect the accused perpetrator’s M O rights to a fair trial. However, the Panel about the risk of GBV? R Adopting a similar burden of proof may F considered more rigorous collection of evi- assist other IAMs in dealing with project-re- • Has the project been screened for its level IC R dence unnecessary to establish GBV for the of GBV/SEAH risk? B lated GBV allegations. The Panel’s approach FA following reasons: to GBV more generally, therefore, is to con- • Do “high-risk” projects have a GBV action plan? sider the victim’s allegation plausible from • The aim of IAM investigation is neither • Was there a GBV specialist on the screening team? the start, and to change its views if contrary to prosecute nor to assign criminal • Has the PIU been sensitized to GBV? evidence is found. This method is much responsibility and punish the perpetra- more gender-inclusive and consistent with • Was the capacity of the PIU to implement the action plan assessed? tor, but rather to establish the existence IFIs’ stated policies and strategies on gen- • Was a project GRM set up with the technical capacity to receive GBV complaints? of harm because of violations of an der equality in development. institution’s policy. • If so, did it allow for confidential complaints? • The IAM process is non-judicial, pursued • Were local expert NGOs consulted during project design and implementation? for purposes of accountability, mitiga- • Were there any GBV or gender CSOs or NGOs involved in the project—e.g., as third-party tion, and effective IFI response, includ- monitors? ing helping victims choose appropriate ways forward for themselves. 56 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Useful Questions When Approaching a GBV Investigation 57 (b) Status of Gender Equality in the Project Area • Was a CoC enforced and was misconduct sanctioned? • Are private or public security forces employed by the project contractor or operating in • What is the status of gender equality in the country and in the project area? the area? • What are the existing GBV rates in the country and project area? • If so, how do they behave toward women and children and what is their human rights • Is the project in an FCV area where GBV is likely to be exacerbated? track record in general? • What are the views of local CSOs or NGOs about gender equality and GBV in the area? • Was vetting for past abuses conducted during the hiring of security personnel? • What is the existing gender or social analysis context regarding law in the country? • Does the CoC also apply to security personnel and did they receive adequate training? • What is the legal context in relation to GBV complaints? • Is there a procedure to handle security-related incidents? • Are there security forces present in the project area? • How do they behave toward women and children in the area? • Are there traditional governance mechanisms—e.g., a traditional dispute resolution mechanism—at the community level to which females can complain? • How are they treated by such mechanisms? • Do women and children have voice and agency through such mechanisms? • Is there any pressure from community leaders on females and children to accept tradi- tional apologies and compensation for harm? • Does the resolution of the dispute at the community level prevent criminal prosecution? • Is there a consistent view from women, children, and community members that GBV harm occurred in the project? • What is the potential for retaliation against victims who complain to the IAM, GRM, or traditional governance mechanism? • Are there confidential grievance channels to protect victims? (c) Project Labor Force and Contractors • What is the source of labor recruitment for the project? • Is there a large labor influx of male construction or other workers from abroad or out- side the area into the project area? • Is there an analysis of housing/lodging availability and how an influx of workers will affect local communities? • Does the contractor have a mechanism to consider GBV complaints in projects that should or have been considered “high risk?” • Is there a GRM set up to consider GBV? • Is there a gender or GBV expert on the project GRM? • Is there a specialized GBV GRM? • Was there any GBV or SEA/SH training provided to the contractor’s employees, PIU staff, et al. on GBV? • Were there CoC requirements included in the bidding documents and management plans? • Was a CoC signed and understood by the contractor’s workers? 58 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Useful Questions When Approaching a GBV Investigation 59 C H A P T E R 9 KEY INSIGHTS FROM THE When we first heard about the road, we felt happy. We were PANEL’S EXPERIENCE excited to have a tarmac road. Some people are still excited about it, but because of the road, girls 1. Gender-inclusive infrastructure is a critical need in borrower countries, and has direct impact on women’s empow- are having babies with no fathers. erment, especially in terms of “time poverty.”252 However, the Panel found that without a project-specific GBV A lot of them. I know some others analysis or gender diagnostics—including an assessment of GBV risk, and corresponding gender-responsive project design—development may come at a significant human and gender-specific cost to women. Although women and who had babies, too. These guys girls saw the benefits of the two Bank-supported projects discussed above and indeed welcomed the new roads are working on the road, so they which would make walking to water, school, markets, goods, services, hospitals and paid employment easier— have money. They give us small With the old road, thereby decreasing their time poverty—the roads came at a significant personal cost to many.253 gifts, we eat [sic] the money. 2. GBV has far-reaching consequences for women, families, and communities, including harmful effects on a survivor’s we could go to school but when —19-year-old Female health and well-being, economic development, and gender equality. GBV is closely connected to overall gender it rained it was too muddy. equality, and the advance or retreat of one encourages the advance or retreat of the other. Apart from impeding Sometimes it was too dusty. the security, mobility, and livelihoods of women and children worldwide, the persistence of GBV exacts a steep cost But now, the road is better and it’s on victims, economies, and IFIs and MDBs working toward poverty reduction. It will remain a challenge for develop- ment activities, and a pertinent issue for IAMs. easier to go around.  Still, I’m not 3. The confluence of specific factors—low levels of gender equality, high rates of GBV in the area generally, an influx happy about the road now. of male construction workers, poor law enforcement, impunity from prosecution for GBV, and often an FCV context— They spoiled my health.  can be an early warning sign of high risk of project-related GBV. —Under-aged Schoolgirl 4. IAMs may in some cases provide an additional avenue and a safe space for victims of project-related incidences to seek redress and accountability. If IAMs are to offer such accountability, they must consider the need for more gender-inclusive, speedy, and effective responses, as well as targeted staff training. 5. A survivor-centered approach to investigations with well-designed methodology can help protect victims, substan- tiate cases of GBV, and reveal where IFIs have not appropriately mitigated GBV risks. 6. IAM investigations of GBV should operate on the premise that victims’ claims are plausible and hold them to a standard of proof similar to that used for findings of non-compliance on other environmental and social policies in development projects. 7. As the Panel learned through the two seminal cases presented above, seeking accountability, remedies, and institutional action—on behalf of women, children, and potentially gender minorities, affected by project-related GBV—can have positive and long-lasting effects on development institutions working toward poverty reduction, and the communities they seek to support. 60 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Key Insights from the Panel’s Experience 61 ENDNOTES Endnotes and non-partner sexual violence. World Bank Internal Training Session on Mitigating SEA/SH Risks in Projects. Chapter 1 1. A borrower or recipient of the Bank’s financing of investment projects that strives to promote 27. WHO, 2013, Violence against women: a ‘global health problem of epidemic proportions. poverty reduction and sustainable development, and any other entity involved in the implementa- tion of a project financed by the Investment Project Financing. 28. Amnesty International, 2010, I Can’t Afford Justice’ Time to Address Violence Against Women in Uganda. 2. World Bank, 2015, World Bank Group gender strategy (FY16–23): Gender Equality, Poverty Reduction and Inclusive Growth. 29. Care, 2018, Counting the Cost: The Price Society Pays for Violence Against Women, p. 13. 3. Gender-based harm, while not biologically limited to women, refers to risks more likely incurred 30. WHO, 2013, Global and regional estimates of violence against women: prevalence and health by women than men, including the risk of rape, sexual harassment, sexual exploitation, and effects of intimate partner violence and non-partner sexual violence. World Bank Internal Training spousal abuse or domestic violence. Conaghan, J., 1996, Gendered Harm and the Law of Tort: Session on Mitigating SEA/SH Risks in Projects. Remedying (sexual) Harassment, Oxford Journal of Legal Studies, 16(3), pp. 407–431. 31. Amnesty International, 2010, I Can’t Afford Justice,’ Time to Address Violence Against Women in 4. World Bank, Uganda Transport Sector Development Project. Uganda. 5. Information on IAMs is available on the website of the IAMnet Independent Accountability 32. Palermo, T., Bleck, J. and Peterman, A., 2014, Tip of the iceberg: reporting and gender-based vio- Mechanisms Network. lence in developing countries. American journal of epidemiology, 179 (5), p. 607. 6. Inspection Panel, 2014, Inspection Panel Report on India Vishnugad Pipalkoti Hydro Electric 33. World Bank, 2016, Working Together to Prevent Sexual Exploitation and Abuse: Project. Recommendations for World Bank Investment Projects, p. 13. 7. The Uganda Transport Case, 98th received by the Panel on 19 December 2014. Until then, 34. Ibid. the Panel had registered 80 cases and undertaken 33 investigations, including the Ugandan 35. WHO, 2013, Global and Regional Estimates of Violence Against Women: Prevalence and Health Transport case. As of mid-2016, the Panel had 110 cases, of which it registered 86 and undertook Effects of Intimate Partner Violence and Non-partner Sexual Violence, p. 21. 35 investigations. 36. World Bank Group, Klugman et al., 2014, Voice and Agency: Empowering Women and Girls for 8. See Chapter 4 of this report for two GBV investigations recently completed by IAMs in Shared Prosperity, p. 75. 2019–2020. 37. Ibid. 9. World Bank, Uganda Transport Sector Development Project. 38. International Law Development Organisation. 2018. High-Level Group Seeks Action To Close 10. World Bank, DRC High Priority Roads Reopening and Maintenance - 2nd Additional Financing. Justice Gap for Women. 11. Both terms are used interchangeably in this Report. 39. “Studies indicate, for example, that in India women can lose an average of at least five paid work- 12. When the Investigation Reports were published the Panel learned many victims were disappoint- days for each incident of intimate partner violence. This fact would mean the affected woman ed that “their voices were not heard in the Reports.” The NGOs who assisted the Panel with the would get 25 percent less of her salary each time an incident of violence happens.” Also: “In investigations support inclusion of victims’ voices in this Report. Uganda, about 9 percent of violent incidents forced women to lose time from paid work, amount- 13. World Bank, 2019, World Bank Group Strategy for Fragility, Conflict, and Violence 2020–2025 - ing to approximately 11 days a year, equivalent to half a month’s salary, affecting not only the Concept Note. incumbent person but her family and dependents.” UN Women, 2016, The economic costs of vio- lence against women. 14. World Bank, 2016, Managing the Risks of Adverse Impacts on Communities from Temporary 40. World Bank Group, Willman & Corman, 2013, Sexual and Gender-Based Violence: What is the Project Induced Labor Influx Note. World Bank Doing and What Have We Learned: A Strategic Review, p. 5. Chapter 2 15. These are the current definitions used by the World Bank. 41. World Bank Group, 2016, Working Together to Prevent Sexual Exploitation and Abuse: 16. UN Glossary on Sexual Exploitation and Abuse, October 2017, p. 10; World Health Organization, Recommendations for World Bank Investment Projects, p. 13. World Report on Violence and Health (2002); U.N. Secretary General, Special measures for pro- tection from sexual exploitation and sexual abuse, UN Doc. ST/SGB/2003/13; ECHA/ECPS UN 42. KPMG, 2016, The Cost of Violence against Women and their Children in Australia, p. 4. And NGO Task Force on Protection from SEA, Preventing Sexual Exploitation and Abuse (SEA) by 43. CARE International, 2018, Counting the Cost: The Price Society Pays for Violence Against Women, Agency Personnel During The Haiti Emergency: First Steps For Humanitarian Agencies (2010); p. 4. GBV IMS classification tool. 44. Ibid.; UN Women, 21 September 2016, The Economic Costs of Violence Against Women. 17. World Bank, 2017, Working Together to Prevent Sexual Exploitation and Abuse: Recommendations 45. World Bank, 2019, Gender-Based Violence (Violence Against Women and Girls). for World Bank Investment Projects, p. 12. 46. “Losses from stress and sexual harassment in the workplace are estimated at 1%–3.5% of GDP 18. UN, 2017, UN Glossary on Sexual Exploitation and Abuse, p. 10. over a range of countries,” Care, 2018, Counting the Cost: The Price Society Pays for Violence 19. WHO, 2002, World Report on Violence and Health, p. 149. Against Women, p. 119; “Faley et al (1999) measured the cost to the American Armed Forces of 20. UN, 2017, UN Glossary on Sexual Exploitation and Abuse, p. 5. sexual harassment within the organization during 1988. Surveys were mailed to a large repre- sentative sample of both men and women enquiring about their actual experiences of sexual 21. Ibid., p. 6. harassment while in the Armed Forces. The usable sample size included over 20,000 active-duty 22. UN Secretary General’s Bulletin, 2008. Prohibition of Discrimination, Harassment, Including personnel. Costs were determined relating to recruiting, training, transfers, grievances, counsel- Sexual Harassment, and Abuse of Authority (ST/SGB/2008/5). ling, quitting and other administrative costs. Based on the actual behaviors reported by the sur- 23. UN, 2017, UN Glossary on Sexual Exploitation and Abuse, p. 10. vey respondents, Faley et al estimated the annual total costs in 1994 dollars for the whole Army to be over $250 million,” Day, T., McKenna, K. & Bowlus, A., 2005, The economic costs of violence 24. Ibid., p. 6. against women: An evaluation of the literature, p. 24. 25. Gender-Based Violence Information Management System Classification Tool. 47. Conaghan, J., 1996, Gendered harms and the law of tort: Remedying (sexual) harassment. Oxford Chapter 3 26. UN Women, 2016, The economic costs of violence against women. WHO, 2013. Global and regional Journal of Legal Studies, 16(3), pp.407–431. estimates of violence against women: prevalence and health effects of intimate partner violence 62 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Endnotes 63 48. The Inspection Panel, 2014, Investigation Report: India Vishnugad Pipalkoti Hydro Electric 71. Ibid., p. 1. Project. 72. Ibid., p. 76. 49. Inspection Panel, 2002, Investigation Report: Chad-Cameroon Petroleum and Pipeline Project 73. Ibid., p. ix. (Credit No. 4558-CD); Management of the Petroleum Economy Project (Credit No. 3373-CD); and 74. Ibid., pp. 67–87. Petroleum Sector Management Capacity Building Project (Credit No. 3316-CD), p. ix. 75. Ibid., p. 69. 50. Ibid., pp. x-xxi. 76. Ibid., p. 77. 51. Ibid., pp. 96–99. 77. Ibid., p. 70. 52. Ibid., pp. 21–22. 78. Ibid., p. 106. Chapter 4 53. Management Response, December 2015, p. 5, para 17. See also Panel Compliance Finding 12 on p. 79. Ibid., p. 101. 106 of the Investigation Report. 80. World Bank, 2016, Management Report and Recommendation in Response to The Inspection 54. CARE International, 2018, Counting the Cost: The Price Society Pays for Violence Against Women, Panel Investigation Report of the Uganda TSD Project – Additional Financing, p. 11. p. 13. 81. Ibid., p. 54. 55. Amnesty International, 2010, ‘I Can’t Afford Justice,’ Time to Address Violence Against Women in Uganda. 82. Ibid., p. 2. 56. Ibid. 83. Ibid., p. 11. 57. “Defilement” is the term used in Ugandan legislation to describe sexual abuse of children aged 84. Ibid., p. 7. under 18. Inspection Panel, 2016. Inspection Panel Investigation Report. Republic of Uganda 85. Launched in March 2017, SCOPE’s full implementation began in September and was set to run Transport Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 60, through the end of November 2018. SCOPE is coordinated by the Ministry of Gender, Labour, and paras 269 and 273. Social Development (MGLSD) in close collaboration with line ministries, departments, and agen- 58. Uganda’s 2016 police crime report indicates that defilement cases alone rose by 34%, from 13,118 cies, Kamwenge and Kabarole District Local Governments, and CSOs. in 2015 to 17,567 in 2016. UN, Africa Renewal, Violence against women unabated despite laws and 86. World Bank, 2017, Uganda Transport Sector Development Project: Fact Sheet (Updated). policies. 87. Second Management Progress Report, p. 10. 59. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second 88. Ibid., p. 11. Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), 89. World Bank, 2016, Management Report and Recommendation in Response to The Inspection p. 75, para 268. Panel Investigation Report of the Uganda TSD Project – Additional Financing, p. 34. 60. Terms used interchangeably in this document; however, the Bank now uses the term GM. 90. World Bank, 2017, Uganda Transport Sector Development Project: Fact Sheet (Updated). Grievance redress mechanisms can be effective tools for early identification, assessment, and resolution of complaints on projects. World Bank. 2014. The World Bank’s Approach to Grievance 91. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second Redress in Projects. Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), pp. 2–3. 61. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport 92. Ibid., p. 4. Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. x, para 25. 93. Ibid., pp. 81–85. 62. Ibid., p. x, para 26. 94. Ibid., pp. 85–89. 63. Ibid., p. x, para 26. 95. Ibid., pp. 96–99. Without an operational policy dealing with gender-related harm or GBV, the 64. Ibid., p. 106, Finding 12. Panel found Management in non-compliance with Bank policies on Environmental Assessment 65. Communication to the Panel. (OP/BP 4.01) and Investment Project Financing (OP/BP 10.00). 66. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport 96. World Bank, 2018, Management Report and Recommendation in Response to the Inspection Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. vii, para 13. Panel Investigation Report, pp. 19–24. 67. Inspection Panel, 2018, Investigation Report: Democratic Republic of Congo Second Additional 97. According to UN Women, a survivor-centered approach means all who are engaged in violence Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), p. 6. against women programming prioritize the rights, needs, and wishes of the survivor. Essentially, Management stated that it “takes the allegations of GBV very seriously.” However, despite its a survivor-centered approach applies the human rights-based approach to designing and devel- best efforts, it has not been able to substantiate any GBV claims. Management explained that oping programming that ensures survivors’ rights and needs are first and foremost. The survivor the “allegations have remained general” and, given that GBV and other human rights abuses are has a right to: (i) be treated with dignity and respect instead of being exposed to victim-blaming common in eastern DRC “it has been difficult to ascertain any link to the Project.” attitudes, (ii) choose the course of action in dealing with the violence instead of feeling power- 68. Management was in the process of hiring four local NGOs (Collectif Alpha Ujuvi, SARCAF, ADMR, and less, (iii) privacy and confidentiality instead of exposure, (iv) non-discrimination instead of dis- SOPROP) to facilitate the identification of incidents, receive complaints related to GBV, and ensure crimination based on gender, age, race/ ethnicity, ability, sexual orientation, HIV status, or any provision of services to victims. Heal Africa in North Kivu and the Panzi Foundation in South Kivu other characteristic, and (v) receive comprehensive information to help her make her own deci- were also being hired to receive the most complex cases and to provide holistic support to survivors. sion instead of being told what to do. The survivor-centered approach is based on a set of princi- 69. Inspection Panel, March 2020. Second Progress Report on the Implementation of Management’s ples and skills designed to guide professionals—regardless of their role—in their engagement with Action Plan in Response to the Inspection Panel Investigation Report (Insp/R2018–0002) on women and girls who have experienced sexual or other forms of violence. The survivor-centered approach aims to create a supportive environment in which the survivor’s rights are respected the Democratic Republic of Congo Second Additional Financing for the High-Priority Roads and in which she is treated with dignity and respect. The approach helps to promote the survi- Reopening and Maintenance Project (P153836), p.10. The Report states that 18 of 67 rape/sexual vor’s recovery and her ability to identify and express her needs and wishes, as well as to reinforce assault and 23 of 46 other cases were “found to be likely linked to the project.” her capacity to make decisions about possible interventions (UNICEF, 2010). Providers must have 70. Ibid., p. 4. 64 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Endnotes 65 the resources and tools they need to ensure that such an approach is implemented. https://www. for failing to supervise the implementation of measures to mitigate the risks of GBV, or to identify endvawnow.org/en/articles/652-survivor-centred-approach.html and propose measures to redress harm caused by the Project. 98. World Bank, 2019. First Progress Report on the Implementation of Management’s Action Plan in 118. World Bank, 2018, Environment and Social Framework (ESF) Good Practice Note on Gender-based Response to the Inspection Panel Investigation Report, p.20. Violence. 99. Ibid., pp. 9–11. 119. In July 2020, the World Bank announced it is developing new GPNs on SEA/SH in areas outside of 100. Ibid., pp. 7–8. civil works, such as health and education. 101. World Bank, 2020, Second Progress Report on the Implementation of Management’s Action Plan 120. World Bank, 2016, Bank Directive - Addressing Risks and Impacts on Disadvantaged or Vulnerable in Response to The Inspection Panel Investigation Report, pp. 3–4. Individuals or Groups. 102. Ibid., p.10. 121. Told to the Panel during interviews. 103. UK Foreign Commonwealth Office, 2014, International Protocol on the Documentation and 122. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second Investigation of Sexual Violence in Conflict. Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), p. 31, para 115. 104. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), 123. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport p.73, para 258 and Management Response in FN 374–378. Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 106. 105. See Chapter 7 of this Report for more details. 124. Ibid., p. 66. 106. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second 125. Ibid., p. 5. Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), 126. World Bank, 2016, Managing the Risks of Adverse Impacts on Communities from Temporary p. 73, para 258. Project Induced Labor Influx. Chapter 5 107. World Bank, 2015, World Bank Statement on Cancellation of the Uganda Transport Sector 127. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport Development Project. Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 77, para 306. 128. Ibid., p.106. 108. WHO, 2009, Promoting gender equality to prevent violence against women, Overview, p. 1. 129. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second 109. Please see the Panel’s Investigation Reports of these two projects for a detailed analysis of these Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), issues. p. 98, para 362. 110. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport 130. The Panel finds Management in non-compliance with Bank policies on Environmental Assessment Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 106, Findings (OP/BP 4.01) and Investment Project Financing (OP/BP 10.00). 9–12. 131. World Bank, 2016. Managing the Risks of Adverse Impacts on Communities from Temporary 111. Ibid., p. 60, para 272. Project Induced Labor Influx. 112. Under the Asian Development Bank (ADB) system from 1998, a gender analysis is required for 132. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport every project, followed by the compulsory election of a gender mainstreaming category, from Sector Development Project — Additional Financing (P121097). Report 106710-UG and Inspection four categories. For projects such as Uganda and the DRC with significant opportunities to ben- Panel, 2018. Investigation Report 124033-ZR: Democratic Republic of Congo Second Additional efit women, and put them at risk, both would have been classified as “effective gender main- streaming projects” with a compulsory gender action plan. The plan would have addressed both Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), p. 75, para promoting gender equality and mitigating risk. Within this plan GBV would have been addressed 266. given the gender equality contexts. Available: https://www.adb.org/sites/default/files/institu- 133. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport tional-document/34131/files/tip-sheet-1-gender-mainstreaming-categories.pdf. See ADB, Gender Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 106, Finding 8. Action Plan with GBV measures, Ulaanbaatar Urban Services and Ger Areas Development 134. The Panel finds the lack of a formal GRM for the project was not in compliance with World Bank Investment Program 2013: Gender Action Plan for Tranche 2 (available on Request). OP/BP 4.12 on Involuntary Resettlement. 113. “Defilement” is the term used in Ugandan legislation to describe sexual abuse of children aged 135. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second under 18. Inspection Panel, 2016. Inspection Panel Investigation Report. Republic of Uganda Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), Transport Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 60, p. 119, finding on GRMs. paras 269 and 273. 136. Ibid., p. xi, para 21. 114. World Bank, 2015, Management Response to Request for Inspection Panel Review of the Uganda 137. Ibid., p. 24, para 81. Transport Sector Development Project – Additional Financing (P121097), p. 8, para 26. 138. World Bank OP/BP 4.12 115. Ibid., para 47. 139. The World Bank Environmental and Social Framework, p. 11. 116. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second 140. OpsClinics-Adapting GMs to Address Complaints on Sexual Exploitation, Abuse and Harassment in Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), World Bank Financed Projects. p. 121. 141. UN CEDAW/C/GC/33, General recommendation No. 33 on women’s access to justice, 3 August 117. The Panel found Management in non-compliance with Bank Policies on Environmental 2015; International Commission of Jurists, Women’s Access to Justice for Gender-Based Violence: Assessment (OP/BP 4.01) and Investment Project Financing (OP/BP 10.00) for not properly A Practitioner’s Guide, February 2016. assessing GBV risks considering the endemic GBV rates and the high vulnerability of women and girls in the Project area, and for the lack of appropriate mitigation measures to address the high 142. CEDAW, 2010, Concluding observations of the Committee on the Elimination of Discrimination risks of GBV that led to serious harm to women and girls in the community. The Panel also found against Women – Uganda.; CEDAW, 2010, Uganda denies human rights violations faced by LGBT Management in non-compliance with Bank Policy on Investment Project Financing (OP/BP 10.00) and disabled women.; CEDAW, 2019, Committee on the Elimination of Discrimination against Women examines the situation of women’s rights in the Democratic Republic of the Congo. 66 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Endnotes 67 143. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport 167. World Bank, 2019, World Bank Group Strategy for Fragility, Conflict and Violence 2020–2025- Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 68, para 271. Concept Note. 144. Ibid., p. 83, para 330. 168. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second 145. Ibid., p. 5, para 20. Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), p. 23, paras 75–76 146. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), 169. IFC, 2017, Use of Security Forces: Assessing and Managing Risks and Impacts. p. 101, para 411. 170. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second 147. Ibid., p. 76, para 271. Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), 148. Ibid., p. 77, para 271. p. 120. 149. Ibid., p. 76, para 268. 171. IFC, 2018, Good Practice Note on Assessing and Managing the Risks and Impacts of the Use of Security Personnel. 150. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 70, para 282. 172. Bank Information Center, 2018, How a Community-Led Response to Sexual Exploitation in Uganda Chapter 6 Led to Systemic World Bank Reform, p. 12. 151. Management, 2018, Management Report and Recommendation in Response to the Inspection Panel Investigation Report, footnote 20, p. 37. 173. Ibid. 152. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport 174. World Bank, 2016, Uganda Transport Sector Development Project – Additional Financing Lessons Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 70, para 255. Learned and Agenda for Action. 153. Amnesty International, 2010, I Can’t Afford Justice’ Time to Address Violence Against Women in 175. World Bank Launches Global Task Force to Tackle Gender-Based Violence. Press Release, 13 October 2016. Uganda. 176. World Bank Group, 2017, Working Together to Prevent Sexual Exploitation and Abuse: 154. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport Recommendations for WB Investment Projects. Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 70, para 271. 155. Ibid., para 309. 177. World Bank, 2017, Global Gender-Based Violence Task Force: Action Plan for Implementation. 156. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport 178. World Bank, 2016, Lessons Learned & Agenda for Action Report. Sector Development Project – Additional Financing (P121097). Report 106710-UG, para 281. 179. To assess and manage the risks of adverse impacts on communities due to project-induced labor influx properly, the Project should: Reduce labor influx by tapping into the local workforce; assess 157. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second and manage labor influx risk based on appropriate instruments and, incorporate social and envi- Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), ronmental mitigation measures into the civil works contract. World Bank, 2016, Managing the pp. 119–121. Risks of Adverse Impacts on Communities from Temporary Project Induced Labor Influx. 158. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport 180. World Bank, 2020, Good Practice on Addressing Sexual Exploitation and Abuse and Sexual Sector Development Project – Additional Financing (P121097). Report 106710-UG, pp.104–106. Harassment (SEA/SH) in Investment Project Financing involving Major Civil Works. 159. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second 181. The World Bank Group recently announced it is developing new SEA/SH related GPNs in areas Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), outside of civil works, such as health and education projects. p. 98, para 362. 182. World Bank, 2017, The Environmental and Social Framework. 160. World Bank, 2018, Gender Based Violence in Fragile, Conflict, and Violence (FCV) Situations: Five Key Questions to be Answered, p. 3. 183. World Bank, 2018, Good Practice Note Addressing Gender Based Violence in Investment Project Financing involving Major Civil Works, p.34. 161. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), 184. Ibid., p. 31. para 268. 185. World Bank, 2018. The Environmental and Social Framework (ESF) 162. The University of Sydney, University of Technology, Sydney, ActionAid, and Australian Aid, 2016, 186. World Bank, 2018. Good Practice Note Addressing Gender Based Violence in Investment Project Making Justice Work for Women: Democratic Republic of the Congo Country Report, p. 17. Financing involving Major Civil Works, p. 2. 163. UN Security Council, 2017, Report of the Secretary General on Conflict-Related Sexual Violence, 187. World Bank, 2016, Bank Directive - Addressing Risks and Impacts on Disadvantaged or Vulnerable p. 9. Individuals or Groups. 164. Inspection Panel, 2018, Investigation Report 124033-ZR: Democratic Republic of Congo Second 188. World Bank, 2018. The Environmental and Social Framework (ESF) Additional Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), 189. GPN - Assessing and Managing the Risks and Impacts of the Use of Security Personnel, p. 1. para 270. 190. The World Bank Environmental and Social Framework, p. 11. 165. Ibid., p. 119. 191. World Bank OP Clinic, 2020. Adapting GMs to Address Complaints on SEA/SH in World Bank 166. Ibid., p. xviii, paras 66–68. It is also clear that the Project has been implemented in extremely dif- Financed Projects. ficult circumstances in a country suffering from FCV, and this investigation offers insights related to risks of harm associated with infrastructure projects in such contexts. The Bank’s support of 192. World Bank, 2019, World Bank Group Strategy for Fragility, Conflict and Violence 2020–2025- FCV countries is increasing and effective engagement requires stronger project preparation and Concept Note. stronger supervision compared with projects in less challenging situations, not the opposite. The 193. Not available externally. serious shortcomings found in this case demonstrate that significant improvement in the Bank’s 194. UNHCR. The survivor-centered approach recognizes that each person is unique, reacts differ- approach to this Project was necessary for it to achieve the high standards the institution seeks ently to sexually related GBV and has different needs. This approach promotes respect for survi- to promote. vors’ rights by placing them at the center of the support system. The survivor-centered approach 68 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Endnotes 69 should be applied by everyone in contact with survivors regardless of their role in the community 218. Ituango Hydropower Plant MICI-CII-CO-2018–0133. MICI is also dealt with a pregnancy discrimi- or professional position. nation case, with particular forms of workplace harassment, which it deemed ineligible for other 195. International Finance Corporation, October 2017, Good Practice Note: Managing Contractors’ reasons. Environmental and Social Performance. 219. Alto Maipo Hydroelectric Power Project, MICI-BID-CH-2017–0115. 196. The Environmental & Social Policy and Risk Department (CES), new department, created in July 220. Communication with the Panel, May 2020. 2019, which reports directly to the IFC CEO. 221. Inspection Panel, 2018. Mongolia: Mining Infrastructure Investment Support Project, p. 3. 197. International Finance Corporation, April 2018, internal Tip Sheet: Addressing Gender-Based 222. UN CEDAW/C/GC/33, 3 August 2015, General recommendation No. 33 on women’s access to jus- Violence in IFC Projects. tice; International Commission of Jurists, February 2016, Women’s Access to Justice for Gender- 198. CAO, 2020, Guidance on How to Adopt A Gender-Inclusive Approach in CAO Dispute Resolution. Based Violence: A Practitioner’s Guide. 199. Advisory report of the Independent Redress Mechanism: Prevention of Sexual Exploitation, Abuse 223. UN-OHCHR. Speak Up Stop Discrimination - Combating discrimination Against Women. (Accessed and Harassment in GCF projects or programmes (P&PrSEAH): Learning from the World Bank’s 18 October 2020). Inspection Panel cases. 224. World Bank Group, Klugman et al., 2014, Voice and Agency: Empowering Women and Girls for 200. Ibid., Addendum I: Secretariat Management Response. Shared Prosperity, pp. 71–72. Klugman, Jeni, 2017, Gender Based Violence and the Law. World 201. Report of the Board Compliance Review Committee and Compliance Review Panel’s Report on Development Report Background Paper. World Bank, Washington, DC. Eligibility of the Compliance Review Request for Project Number 49223–001 Nenskra Hydropower 225. Al Tuwaijri et al., 2018, Gender Based Violence in Fragile, Conflict, and Violence (FCV) Situations : Project, 7 March 2018. Five Key Questions to be Answered (English), World Bank HNP Knowledge Brief, p. 1. 202. Ibid., p. 19, para 50. Also, footnote 30 of the ADB Report. 226. Judiciary Bench Book, May 2011, Women’s Access to Justice in Uganda, p. 46. 203. World Bank, 2017, Uganda Transport Sector Development Project: Fact Sheet (Updated). 227. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport 204. Ibid. Sector Development Project – Additional Financing (P121097), Report 106710-UG, p. x, para 31. 205. For more details, search BRAC Uganda. 228. Uganda Ministry of Gender, Labour, and Social Development and UNICEF, 2015, “Situation Analysis of Children in Uganda,” p. 89. 206. Bank Information Center, 2018, World Bank and the Government of Uganda Continue with Efforts to Address GBV Related Ramifications of Uganda TSD Project through the SCOPE Project. 229. World Bank, 2018, Second Progress Report on the Implementation of Management’s Action Plan in Response to the Inspection Panel Investigation Report (Insp/R2018–0002) on the Democratic 207. Uganda National Roads Authority, 2020, PowerPoint presentation on the “Management of Republic of Congo Second Additional Financing for the High-Priority Roads Reopening and Environment and Social Risks (GBV)—The UNRA Experience.” Maintenance Project (P153836), p. 10. “Three cases were dismissed by the court because of lack 208. World Bank, 2017, Uganda Transport Sector Development Project: Fact Sheet (Updated). of evidence, one case was found to be not-related to the Project, one was dropped by the survivor 209. Inspection Panel, March 2020. Second Progress Report on the Implementation of Management’s and two cases are still on-going in court (in one case, the alleged perpetrator was arrested and in Action Plan in Response to the Inspection Panel Investigation Report (Insp/R2018–0002) on the other case he ran away).” the Democratic Republic of Congo Second Additional Financing for the High-Priority Roads 230. Ibid. Reopening and Maintenance Project (P153836), p. 4, para 15. 231. UN- OHCHR. Violence against women, June 2020; Conflict-related Sexual Violence: Report of the Chapter 7 210. In 2019, the INGO World Wide Fund for Nature (WWF) launched an investigation into claims that it United Nations Secretary General, 2019, p. 8. funds, equips, and works with paramilitary forces accused of beating, torturing, sexually assault- 232. World Bank -Klugman, J.,2017. Gender based violence and the law, p.35–38; UN DAW, 2009. ing, and murdering people in national parks across Africa and Asia. This was preceded by the Handbook for Legislation on Violence Against Women, foreword & 16–17. OXFAM GBV “safeguarding crisis” and investigation, which made findings of sexual misconduct, abuse and sex-trafficking by the organization’s staff, against girls in Haiti after the 2011 earth- 233. UN Human Rights Special Procedures, Raday, F., October 2012, Adultery as a criminal offence quake. These investigations led to wholesale changes in the operations and accountability pro- violates women’s human rights.; UN DAW, May 2009, Good Practices in Legislation on “Harmful cedures of both organizations. WWF’s new Policy on Accountability and Grievance Mechanism Practices” Against Women: Report of the Expert Group Meeting; UN Women, IDLO, World Bank, has established a GM, not yet functional, to allow project-affected people to complain about the and the Task Force on Justice, March 2019, Justice for Women: High-level Group Report. implementation of its projects, and ask questions about projects. Following this, OXFAM orga- 234. See “Joint Statement by the United Nations Working Group on discrimination against women in nized an Independent Commission on Sexual Misconduct, Accountability, and Culture Change in law and in practice” Working Group on the issue of discrimination against women in law and in 2018, which recommended significant reforms to accountability measures including updating practice, 2012. Adultery as a criminal offence violates women’s human rights, p.7. complaint mechanisms and safeguarding policies. 235. UNODC, 2014. Handbook on effective prosecution responses to violence against women and girls, 211. UNDP Social and Environmental Compliance Unit, 2019, Investigation Report Investigating alle- pp. 1, 7, and 26.. gations of non-compliance with UNDP social and environmental commitments relating to the fol- 236. Ibid., pp. 75, para 271; Committee on the Elimination of Discrimination Against Women, July 2013, lowing UNDP project: Malawi National Registration and Identification System Project – Case No. Concluding observations on the combined sixth and seventh periodic reports of the Democratic SECU0005, pp. 22–23. Republic of Congo, para 9. 212. Ibid., p. 14. 237. Committee on the Elimination of Discrimination Against Women, 30 July 2013, Concluding 213. Ibid. Observations on the combined sixth and seventh periodic reports of the Democratic Republic of 214. Ibid., p. 29. Congo, p. 3, para 9. 215. Ibid., p. 37. 238. Inspection Panel, 2016, Inspection Panel Investigation Report. Republic of Uganda Transport 216. Ibid., pp. 7–8 and p. 14. Sector Development Project – Additional Financing (P121097). Report 106710-UG, p. 13 217. Ibid. 239. Ibid. 240. Inspection Panel, 2016, Republic of Uganda: Transport Sector Development Project - Additional Financing (P121097) Investigation Plan, pp. 2–3; Inspection Panel, 2017, DRC: Second Additional 70 INSIGHTS OF THE WORLD BANK INSPECTION PANEL: GENDER-BASED VIOLENCE Endnotes 71 BIBLIOGRAPHY AND Financing for the High-Priority Roads Reopening and Maintenance Project (P153836) Investigation Plan, pp. 2–3. 241. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, Bethesda, MD (1978), The Belmont report: Ethical principles and guidelines for the pro- tection of human subjects of research. 242. Inspection Panel, 2018, Investigation Report: Democratic Republic of Congo Second Additional GENDER-BASED VIOLENCE Financing for the High-Priority Roads Reopening and Maintenance Project (P153836), pp. 77–78. 243. UK Foreign Commonwealth Office, 2014, International Protocol on the Documentation and Investigation of Sexual Violence in Conflict. RESOURCES 244. 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