Ministry of public service, youth and gender affairs kenya youth employment and opportunities project vulnerable and marginalized groups framework

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SFG1895 REV
EPUBLIC OF KENYA



MINISTRY OF PUBLIC SERVICE, YOUTH AND GENDER AFFAIRS


KENYA YOUTH EMPLOYMENT AND OPPORTUNITIES PROJECT

VULNERABLE AND MARGINALIZED GROUPS FRAMEWORK

December 2015 (Revised November 2016)

ABBREVIATIONS AND ACRONYMS

CoK Constitution of Kenya CPS Country Partnership Strategy CSO Civil society organizatioons ESIA Environmental and Social Impact Assessment FPIC Free, Prior and Informed Consultation GOK Government of Kenya GRM Grievance Redress Mechanism ICT Information and Communication Technology IDA International Development Association KEPSA Kenya Private Sector Alliance Ksh Kenyan Shilling M&E Monitoring and Evaluation MEACLSP Ministry of East African Community, Labour and Social Protection MPYG Ministry of Public Service, Youth and Gender Affairs MSEA Micro and Small Enterprises Authority NGO Non-Governmental Organisation NITA National Industrial Training Authority OP Operational Policy BP Bank Policy PAD Project Appraisal Document PAP Project Affected Persons PCU Project Coordination Unit PDO Project Development Objective PSC Project Steering Committee PRA Participatory Rural Appraisal RRA Rapid Rural Appraisal UN United Nations UNDRP United Nations Declaration on the Rights of Indigenous Peoples US$ United States Dollars VMGs Vulnerable and Marginalized Groups VMGF Vulnerable and Marginalized Groups Framework VMGP Vulnerable and Marginalized Groups Plan WB World Bank

TABLE OF CONTENTS

ABBREVIATIONS AND ACRONYMS 2

3

EXECUTIVE SUMMARY 4

1.0 INTRODUCTION 6

2.0 Rationale for a VMGF 19

3.0 LEGAL RECOGNITION OF THE VULNERABLE AND MARGINALIZED COMMUNITIES/GROUPS 21

4.0 VULNERABLE AND MARGINALISED PEOPLES IN KENYA 24

5.0 Vulnerable and Marginalised Groups in Project Areas 27

6.0 DEVELOPMENT OF THE KYEOP VMGF 27

7.0 IMPLEMENTATION OF THE KYEOP VMGF 32

8.0 Monitoring and reporting arrangements 48

aNNEXEs 54

ANNEX 1: PROFILE OF VULNERABLE AND MARGINALIZED GROUPS IN KENYA 54

Annex 2: Legal Recognition Of The Vulnerable And Marginalized Communities / Groups 61

Annex 3: Social Screening Form 80

Annex 4: Sample Terms of Reference for Developing a VMGF 81

Annex 5: Contents of Vulnerable And Marginalized Groups Framework 85

Annex 6: Minutes ON National Disclosure Forum 86

ANNEX 10: THREE POINT RANK ORDER SYSTEM FOR VMGF S (SAMPLE) 98

EXECUTIVE SUMMARY

This Vulnerable and Marginalized Groups Framework (VMGF) has been prepared by the Government of Kenya (GOK), under the Kenya Youth Employment and Opportunities Project (KYEOP) because the project triggered the World Bank Operation Policy (OP) 4.10 on Indigenous people which stipulate that, in the event, that indigenous people are likely to be affected by Bank supported project then Indigenous People’s Planning Framework (IPPF) is prepared to ensure that development process fully respects the dignity, human rights, economies and cultures of indigenous people. Since Kenyan constitution does not use the term “indigenous” but “Vulnerable Communities or Groups” the framework takes the name “Vulnerable and Marginalized Groups Framework (VMGF)” which shall focus on both Bank defined indigenous people and Government of Kenya defined vulnerable and marginalized groups that are likely to be affected by the project.
This VMGF has been prepared in accordance with the OP4.10 of the World Bank (“Bank”) and the applicable laws and regulations of the Government of Kenya. It is to guide the preparation of KYEOP sub projects investment that may affect Indigenous/ Vulnerable and Marginalized Groups (VMGs) in the different areas in the country. OP 4.10 contributes to the Bank's mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous People. For all projects that are proposed for Bank financing and affect Vulnerable and Marginalized Groups (VMGs), the Bank requires the borrower to engage in a process of free, prior, and informed consultation. The Bank provides project financing only where free, prior, and informed consultation results in broad community support to the project by the affected vulnerable and marginalized groups. Such Bank-financed projects include measures to:-

1. 
   Avoid potentially adverse effects on the Indigenous Peoples’ communities; or
   
2. 
   When avoidance is not feasible, minimize, mitigate, or compensate for such effects; and
   
3. 
   Ensure that the vulnerable and marginalized people receive social and economic benefits that are culturally appropriate and gender as well as inter-generationally inclusive.
   

The VMGF recognizes the distinct circumstances that expose VMGs to different types of risks and impacts from development projects as social groups with identities that are often distinct from dominant groups in their national societies. Besides, they have collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories¹. They also have customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and an indigenous language, often different from the official language of the country or region². VMGs are frequently among the most marginalized and vulnerable segments of the population. As a result, their economic, social, and legal status often limit their capacity to defend their rights to lands, territories, and other productive resources, and restricts their ability to participate in and benefit from development. At the same time, the policy recognizes that VMGs play a vital role in sustainable development and emphasizes the need for them to participate and benefit from development projects.

This VMGF describes the policy requirements and planning procedures that KYEOP will follow during the preparation and implementation of sub projects investments especially those identified as occurring in areas where VMGs are present. It outlines the processes and principles of screening to determine if a proposed investment impacts adversely on vulnerable communities, the process of social assessment consultations and stakeholder engagement, disclosure procedures, communication and grievances redress mechanism.

To ensure compliance to this Bank policy, a VMGF must be prepared in order to comply with this policy that stipulates that in the event, that vulnerable and marginalized groups are likely to be affected by a Bank-supported project then a framework must be prepa
red.

1.