THE REPUBLIC OF KENYA MINISTRY OF EDUCATION KENYA PRIMARY EDUCATION EQUITY IN LEARNING PROGRAM (IPF Component) (PEELP) P176867 and P179670 REVISED ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) DRAFT October 2022 1|Page 1. The Republic of Kenya (the Recipient) is implementing the Investment Project Financing components of the Primary Education Equity in Learning Program (the Project), with the involvement of the Ministry of Education (MoE) and the Teachers Service Commission (TSC). The International Development Association (the Association) has agreed to provide: (a) the original financing (P176867) as set out in the Financing Agreement for the Project; and (b) acting as administrator or the Multi-Donor Trust Fund for the Education for all Fast Track Initiative Education Program Development Fund, the additional financing (P179670) (AF) as set out in the Grant Agreement for the Project. This ESCP supersedes previous versions of the ESCP for the Project and shall apply both to the original and the additional financing for Project referred to above. 2. The Recipient shall ensure that the Project is carried out in accordance with the Environmental and Social Standards (ESSs) and this Environmental and Social Commitment Plan (ESCP), in a manner acceptable to the Association. The ESCP is a part of the Financing Agreement. Unless otherwise defined in this ESCP, capitalized terms used in this ESCP have the meanings ascribed to them in the referred agreements. 3. Without limitation to the foregoing, this ESCP sets out material measures and actions that the Recipient shall carry out or cause to be carried out, including, as applicable, the timeframes of the actions and measures, institutional, staffing, training, monitoring, and reporting arrangements, and grievance management. The ESCP also sets out the Environmental and Social (E&S) instruments that shall be adopted and implemented under the Project, all of which shall be subject to prior consultation and disclosure, consistent with the ESS, and in form and substance, and in a manner acceptable to the Association. Once adopted, said E&S instruments may be revised from time to time with prior written agreement by the Association. 4. As agreed by the Association and the Recipient, this ESCP will be revised from time to time if necessary, during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to Project performance. In such circumstances, the Recipient, through the MoE, and the TSC, and the Association agree to update the ESCP to reflect these changes through an exchange of letters signed between the Association and the Recipient, through the Principal Secretary of the MoE. Recipient, through the MoE, and the TSC shall promptly disclose the updated ESCP. 2|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project MATERIAL MEASURES AND ACTIONS - TIMEFRAME RESPONSIBLE ENTITY MONITORING AND REPORTING A REGULAR REPORTING Submit quarterly and annual reports to Responsibility: MoE/TSC Prepare and submit to the Association regular monitoring reports on the environmental, the Association throughout Project social, health and safety (ESHS) performance of the Project, including but not limited to implementation, commencing after the the implementation of the ESCP, status of preparation and implementation of E&S Effective Date. Submit each report to instruments required under the ESCP, stakeholder engagement activities, and functioning the Association no later than 14 days of the grievance mechanism(s). after the end of each reporting period. B INCIDENTS AND ACCIDENTS Responsibility: MoE/TSC Promptly notify the Association of any incident or accident related to the Project which Notify the Association no later than 48 has, or is likely to have, a significant adverse effect on the environment, the affected hours after learning of the incident or communities, the public or workers, including, inter alia, cases of sexual exploitation and accident. abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or multiple injury. Provide sufficient detail regarding the scope, severity, and possible causes of the incident or accident, indicating immediate measures taken or that are planned to be taken to address it, and any information provided by any contractor and/or supervising firm, as Provide subsequent report to the appropriate. Association within a timeframe acceptable to the Association and Subsequently, at the Association’s request, prepare a report on the incident or accident include in quarterly reports throughout and propose any measures to address it and prevent its recurrence. Project implementation. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE E&S specialists already in place. The staff Responsibility: MoE/TSC Establish and maintain a Project Coordination Unit (PCU) with qualified staff and for the original financing continue to be resources to support management of ESHS risks and impacts of the Project including responsible for the AF and shall be experienced Environmental Specialist and an experienced Social Specialist, each with maintained throughout Project more than five (5) years of experience in carrying out environmental and social implementation. assessments of Projects. Capacity assessment shall be completed Carry out capacity assessment and mobilize additional staff on short term or long term in within sixty (60) days after the Effective accordance with institutional capacity assessment needs, including: (a) specialists with Date for the AF. Additional staff shall be expertise on health and safety matters to cover safety risks from biogas units as well as engaged as required in accordance with fire safety adequacy for the schools; (b) a Gender Based Violence (GBV)/Sexual the capacity assessment and as agreed Exploitation Abuse and harassment (SEA-SH) specialist; (c) labour conditions with the Bank, and thereafter (Occupational Health and Safety) (OHS) specialists; and (d)social inclusion specialists. maintained throughout Project implementation 3|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS Responsibility: MoE/TSC Prepare and implement an Environmental and Social Impact Assessment (ESIA), and Adopt ESIA/ESMP before launching the corresponding Environmental and Social Management Plan (ESMP) for identified bidding process for the respective downstream activities under IPF Component 2 on key technical assistance and capacity Project activity and implement building activities as required and consistent with the relevant ESSs. Said technical throughout Project implementation. assistance shall, inter alia, assess the outcomes of the biogas pilots and analyze existing practices on use of biogas in schools. Terms of Reference on the assessments of the biogas pilots shall cover an analysis of health and safety considerations including guidance and recommendations on siting for pilots implemented under the AF. 1.3 MANAGEMENT OF CONTRACTORS Incorporate relevant provisions as part Responsibility: MoE /TSC Incorporate the relevant aspects of the ESCP, including, inter alia, the relevant E&S of the preparation of procurement instruments, the Labor Management Procedures, and code of conduct, into the ESHS documents and respective contracts. specifications of the procurement documents and contracts with contractors and Supervise contractors throughout supervising firms. Thereafter ensure that the contractors and supervising firms comply Project implementation. and cause subcontractors to comply with the ESHS specifications of their respective contracts. 1.4 TECHNICAL ASSISTANCE Prior to call for Bids/ Request for Responsibility: MoE /TSC Ensure that the consultancies, studies (including feasibility studies, if applicable), proposal for the technical assistance capacity building, training, and any other technical assistance activities under the Project activities and implement outputs of including, the Environment and Social Management System (ESMS) operational manual such activities throughout Project are carried out in accordance with terms of reference acceptable to the Association, that implementation. are consistent with the ESSs. Thereafter ensure that the outputs of such activities comply with the terms of reference. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Update and adopt the updated LMP no Responsibility: MoE /TSC Update, adopt and implement the Labor Management Procedures (LMP) for the Project, later than Appraisal for the AF, and including, inter alia, provisions on working conditions, management of workers thereafter implement the updated LMP relationships, occupational health, and safety (including personal protective equipment, throughout Project implementation. and emergency preparedness and response), code of conduct (including relating to SEA and SH), forced labor, child labor, grievance arrangements for Project workers, and applicable requirements for contractors, subcontractors, and supervising firms. Adopt no later than Appraisal for the AF and implement throughout project PCU shall be required to update, adopt and implement OHS measures based on the implementation World Bank EHS guidelines and GIIP. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Adopt grievance mechanism prior to Responsibility: MoE /TSC Adopt and operate a grievance mechanism for Project workers, as described in the LMP engaging Project workers and and consistent with ESS2. thereafter maintain and operate it throughout Project implementation. 4|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT Responsibility: MoE /TSC Technical assistance activities shall be undertaken in line with the ESS3 and in a manner Requirements shall be included in terms acceptable to the Association. of reference for technical assistance and outputs implemented throughout Necessary measures for the Project identified by the Technical Assistance above to be Project implementation. included in the ESIAs/ESMPs under Section 1.2 above. Same timeframe as Section 1.2 above. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 COMMUNITY HEALTH AND SAFETY Requirements shall be included in terms Responsibility: MoE /TSC Technical assistance activities shall assess and manage specific risks and impacts to the of reference for technical assistance community arising from Project activities including, development of measures through and outputs implemented throughout the verification of the adequacy of existing schools in terms of infrastructure standards, Project implementation fire safety standards, resilience to natural disasters and emergency response procedures, and mitigation of community health and safety risks from biogas units. 4.2 SEA AND SH RISKS Adopt the SEA/SH Action Plan no later Responsibility: MoE /TSC Update, adopt and implement a SEA/SH Action Plan as part of the labor management than the Effective Date for the AF and procedures, to assess and manage the risks of SEA and SH. thereafter implement throughout Project implementation. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 The requirements of ESS5 is not considered relevant. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 Technical assistance activities shall be undertaken in line with the requirements of ESS6 Requirements shall be included in Responsibility: MoE /TSC and in a manner acceptable to the Association. terms of reference for technical assistance and outputs implemented throughout Project implementation Necessary measures for the Project identified by the Technical Assistance above to be Same timeframe as Section 1.2 above. included in the ESIAs/ESMPs under Section 1.2 above. 5|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 The activities under the Project shall focus on building systems to identify and exploit Throughout Project implementation Responsibility: MoE/TSC opportunities for inclusion of vulnerable and marginalised groups and the indigenous peoples in Project design and implementation. Project design has taken equity considerations based on culture and Vulnerable and Marginalized Groups (VMG’s) targeting including the roll out of Competency-based Curriculum (CBC) and Competency-based Assessment (CBA) reforms in basic education through the support in development and printing of materials for indigenous languages for grades 1 to 6. The MoE will also develop guidelines for inclusion of refugee children in National Education Management Information System (NEMIS) and other education services. Data management includes categorization and registration of refugee learners, incorporating those located in hard to serve areas . To address systemic exclusion the TA activities of the IPF will include a social assessment and focus on the need to tap traditional indigenous knowledge and to adapt schedules and curricula to the cultural and livelihood needs and preferences of VMGs. 7.2 GRIEVANCE MECHANISM Responsibility: MoE/TSC Maintain and implement the existing arrangements for the grievance mechanism for Throughout Project implementation. indigenous people as detailed in the SEP following the ESS10 requirements. ESS 8: CULTURAL HERITAGE 8.2 CHANCE FINDS Technical Assistance Activities shall be undertaken in line with the requirements of ESS8 Throughout Project implementation, Responsibility: MoE /TSC and in a manner acceptable to the Association. including implementation of outputs of Technical Assistance. Chance finds procedure will be considered as precautionary measure. ESS 9: FINANCIAL INTERMEDIARIES 9.1 This standard is not relevant, as the Project has no financial intermediaries ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION Implement the updated SEP throughout Responsibility: MoE /TSC Maintain and implement the Stakeholder Engagement Plan (SEP) for the Project, as Project implementation. updated in October 2022 consistent with ESS10, which shall include measures to, inter alia, provide stakeholders with timely, relevant, understandable, and accessible information, and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination, and intimidation. 6|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project 10.2 PROJECT GRIEVANCE MECHANISM Maintain and operate the existing Responsibility: MoE /TSC Maintain, and operate an accessible grievance mechanism, to receive and facilitate mechanism throughout Project resolution of concerns and grievances in relation to the Project, promptly and effectively, implementation. in a transparent manner that is culturally appropriate and readily accessible to all Project- affected parties, at no cost and without retribution, including concerns and grievances filed anonymously, in a manner consistent with ESS10. The grievance mechanism shall be equipped to receive, register, and facilitate the resolution of SEA/SH complaints, including through the referral of survivors to relevant gender-based violence service providers, all in a safe, confidential, and survivor-centered manner. CAPACITY SUPPORT CS1 Capacity Building trainings for PCU and relevant stakeholders including teachers, Submit capacity assessment and Responsibility: MoE /TSC students and communities shall be required, in accordance with the scope and schedule capacity building plan for non-objection defined in the ESMS capacity building plan approved by the Association, in: of the Association by sixty (60) days • E&S Specialists and PCU members training on the ESF. after the Effective Date for the AF • Implementation of the Stakeholder Engagement Plan. thereafter implement throughout • Occupational and Community Health and Safety. Project implementation • Emergency preparedness and response. • Gender-Based Violence /SEA-SH prevention and response measures. • Grievance Redress Management. • Labor Management Procedures. • Capacity building on the PforR ESMS. • Training to female students on the appropriate disposal of feminine hygiene products. • Training on guidelines and procedures on operation of mobile science labs. • Training on climate-resilient education infrastructure and standards (infrastructure standards, and quality assurances processes). • Training on disaster mitigation plans. CS2 Training for Project workers on; Throughout Project implementation. Responsibility: MoE /TSC • occupational health and safety including on emergency prevention and preparedness and response arrangements to emergency situations. 7|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project • Gender-Based Violence SEA-SH prevention and response measures. • Workers Grievance Management. • Labor Management Procedures. • Training to school support staff on the appropriate disposal of feminine hygiene products. • Training on installation, management of human waste and associated risks (health and safety) with bio-digesters. • Training on clean energy initiatives (energy saving cooking stoves or steam cooking stove system) and use • Training on guidelines and procedures on operation of mobile science labs. • Training on climate-resilient education infrastructure and standards (infrastructure standards, and quality assurances processes). 8|Page