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World Bank Document Public Disclosure Authorized THE GOVERNMENT OF KENYA MINISTRY OF ENVIRONMENT, WATER AND NATURAL RESOURCES KENYA WATER SECURITY AND CLIMATE RESILIENCE PROGRAM (KWSCRP) Public Disclosure Authorized FINAL VULNERABLE AND MARGINALISED GROUPS FRAMEWORK (VMGF) Public Disclosure Authorized (P117635) April 7th 2015 Prepared by: Tito Kodiaga and Lazarus Kubasu Nolasco Senior Environmental Specialist and Senior Social Specialist Project Management Unit Kenya Water Security and Climate Resilience Project (KWSCRP) Public Disclosure Authorized Nairobi, Kenya. Page | 1 KWSCRP Vulnerable and Marginalized Groups Framework - VMGF ABBREVIATIONS AND ACRONYMS APL Adaptable Program Loan ASAL Arid and Semi-Arid Lands AWSB Athi Water Services Board CDA Coast Development Authority CDD Community Driven Development CoK Constitution of Kenya CPS Country Partnership Strategy CAADP Comprehensive Africa Agriculture Development Program CSO Civil society organizations CWSB Coast Water Services Board DSS Decision Support System EAs Environmental Assessments EA Executing Agency EIA Environmental Impact Assessment EMCA Environmental Management and Coordination Act EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FPIC Free, prior and informed consultation FS Feasibility Study GDP Gross Domestic Product GIS Geographic Information System GIZ German Agency for International GOK Government of Kenya GRM Grievance Redress Mechanism GRC Grievance Redress Committee (GRC) Ha Hectares HIV/AIDS Human Immuno Deficiency Syndrome IBRD International Bank for Reconstruction and Development ICT Information and Communication Technologies IDA International Development Association IE Impact Evaluation IF Investment Framework IMOC Inter-Ministerial Oversight Committee IPMP Integrated Pest Management Plan IPPF Indigenous Peoples Planning Framework KFS Kenya Forest Service KfW German Reconstruction Credit Institute (Kreditanstalt für Wiederaufbau) KNCHR Kenya National Commission on Human Rights Ksh Kenyan Shilling KWS Kenya Wildlife Service KWSIP Kenya Water Sector Investment Program KWSCRP Kenya Water Security and Climate Resilience Program KWSCRP-1 First Kenya Water Security and Climate Resilience Project KWSCRP-2 Second Kenya Water Security and Climate Resilience Project KWSCRP – AF Additional Financing for KWSCRP-1 LIRSSU Legal and Institutional Reforms Support Sub-Unit M & E Monitoring and evaluation (M&E) MDGs Millennium Development Goals MEMR Ministry of Environment and Mineral Resources MFW Ministry of Forestry and Wildlife MoA Memorandum of Agreement Page | 2 KWSCRP Vulnerable and Marginalized Groups Framework - VMGF MOF Ministry of Finance MoRDA Ministry of Regional Development Authorities MPND Ministry of Planning and National Development MEWNR Ministry of Water and Irrigation NLC National Land Commission NEMA National Environment Management Authority NET National Environmental Tribunal NGOs Non-Governmental Organization NIB National Irrigation Board NMK National Museums of Kenya NRM Natural Resources Management Project OP/BP Operational Policy/Bank Policy PAD Project Appraisal Document PCR Physical and Cultural Resources Plan, PDO Project Development Objective PIC Public Information Center PIM Participatory Impact Monitoring PIM Project Implementation Manual PMP Pesticide Management Plan PMU Project Management Unit PPP Private Public Partnerships PPA Project Preparation Advance PRA Participatory Rural Appraisal PS Permanent Secretary RAP Resettlement Action Plan RPF Resettlement Policy Framework RRA Rapid Rural Appraisal SA Social Assessment SESA Strategic Environmental and Social Assessment TA Technical Assistance TOR Terms of Reference TTL Task Team Leader UN United Nations UNDRP Declaration on the Rights of Indigenous Peoples US$ United States Dollars VMG Vulnerable and Marginalized Groups VMGF Vulnerable and Marginalized Groups Framework VMGP Vulnerable and Marginalized Groups Plan WASREB Water Services Regulatory Board WaSSIP Water and Sanitation Service Improvement Project WB World Bank WIS Water Information System WRMA Water Resources Management Authority WRUA Water Resources Users Association WSB Water Services Board Page | 3 KWSCRP Vulnerable and Marginalized Groups Framework - VMGF TABLE OF CONTENTS ABBREVIATIONS AND ACRONYMS ................................................................................................................ 2 TABLE OF CONTENTS ..................................................................................................................................... 4 1 EXECUTIVE SUMMARY .......................................................................................................................... 9 1.1 Introduction .................................................................................................................................. 9 1.1.1 Reasons for the use of a Vulnerable and Marginalized Groups Framework ......................... 9 1.2 Program Background .................................................................................................................. 11 1.3 Program Description .................................................................................................................. 11 1.3.1 Component 1: Investments in Water Resources Development ........................................... 12 1.3.2 Component 2: Water Sector Reforms and Planning and Management Instruments ....... 13 1.3.3 Component 3: Support to Project Implementation ............................................................ 13 1.4 Vulnerable and Marginalized Groups KWSCRP Project Areas .................................................. 13 1.5 Vulnerable & Marginalized Groups Requirements ...................................................................... 14 1.5.1 Screening, Preparation and Implementation of VMGPs .................................................... 15 1.5.2 Consultation and Stakeholder Engagement ........................................................................ 16 1.5.3 Grievance Redress Mechanisms .......................................................................................... 16 1.5.4 Disclosure ........................................................................................................................... 17 1.5.5 Capacity Building and Training ......................................................................................... 18 1.5.6 Monitoring and Evaluation ................................................................................................ 18 1.5.7 Annual Reporting and Performance Review Requirements ............................................... 18 1.5.8 Budget ................................................................................................................................. 18 2 INTRODUCTION ................................................................................................................................... 20 2.1 Program Description .................................................................................................................. 20 2.1.1 Country and sector context/ Project Concept ..................................................................... 20 2.2 Sectoral and Institutional Context .............................................................................................. 20 2.2.1 Relationship to Country Partnership Strategy (CPS) ........................................................ 21 2.2.2 Program Development Objectives (PDOs)......................................................................... 22 2.2.3 Objectives of the KWSCRP Projects ................................................................................... 22 2.3 Kenya Water Security and Climate Resilience Project (KWSCRP) ........................................... 22 2.3.1 KWSCRP Components: ...................................................................................................... 23 2.4 The Vulnerable and Marginalized Groups in Operational Areas................................................ 27 Page | 4 KWSCRP Vulnerable and Marginalized Groups Framework - VMGF 2.5 Project Implementation .............................................................................................................. 28 2.5.1 Implementation Arrangements ........................................................................................... 29 3 METHODOLOGY AND CONSULTATION ............................................................................................... 32 3.1 Detailed and in-depth literature review ..................................................................................... 32 3.2 Interactive Discussions ............................................................................................................... 32 3.3 Preparation of VMGF .................................................................................................................. 32 4 SOCIAL ASSESSMENT of THE VULNERABLE & MARGINALISED GROUPS in KWSCRP Operational Areas 34 4.1 Vulnerable and Marginalized Peoples in Kenya ........................................................................... 34 4.2 Brief Highlight of Vulnerable and Marginalized Peoples in Kenya .............................................. 34 4.3 No specific legislation on Vulnerable & Marginalized Groups in Kenya ..................................... 41 4.3.1 2010 Constitution of Kenya ...............................................................................................
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