Republic of Malawi Ministry of Finance and Economic Affairs Social Support for Resilient Livelihoods Project – Original Financing (P169198) First Additional Financing (P177813) and Second Additional Financing (P 180152) Revised ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Draft for Negotiations November 2022 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of Malawi (the Recipient) is implementing the Social Support for Resilient Livelihoods Project (the Project), with the involvement of the following Ministries/agencies/units: Ministry of Finance and Economic Affairs, National Local Government Finance Committee (NLGFC), Ministry of Local Government, Ministry of Gender, Community Development and Social Welfare, Ministry of Labour, Ministry of Agriculture, Ministry of Natural Resources and Climate Change, Ministry of Lands, Community Savings and Investment Promotion Cooperative Union, and Local Authorities. The International Development Association (the Association) provided original financing (the OF) (P169198), a first additional financing (P177813) (the AF1), and has agreed to provide second additional financing for the Project (P180152) (the AF2), all as set out in the respective Financing Agreements. This ESCP supersedes previous versions of the ESCP for the Project and shall apply to the Project, including the OF, the AF1, and the AF2. 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. This ESCP is a part of the Financing Agreements and Project Agreements for the Project, including the OF, the AF1, and for AF2. 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 National Local Government Finance Committee (NLGFC), 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 Executive Director of the NLGFC. The Recipient shall promptly disclose the updated ESCP. 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Social Support for Resilient Livelihoods Project –Second Additional Financing (P 180152) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY MONITORING AND REPORTING A REGULAR REPORTING: Ongoing quarterly reporting throughout National Local Government Prepare and submit to the Association regular monitoring reports on the environmental, Project implementation. Finance Committee social, occupational health and safety (ESOHS) performance of the Project, including but Submit each report to the Association no not limited to the implementation of the ESCP, status of preparation and later than 14 days after the end of each implementation of E&S instruments required under the ESCP, stakeholder engagement reporting period. activities, and functioning of the grievance mechanism(s). B INCIDENTS AND ACCIDENTS: Notify the Association no later than 48 National Local Government Promptly notify the Association of any incident or accident related to the Project which hours after learning of the incident or Finance Committee has, or is likely to have, a significant adverse effect on the environment, the affected accident. communities, the public or workers, including, inter alia, cases of sexual exploitation and abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or multiple injury, mistreatment of communities, incidents of GBV, damage to natural habitats, damage to physical cultural resources. 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 supervising entity, as appropriate. Provide subsequent report to the Subsequently, at the Association’s request, prepare a report on the incident or accident Association within a timeframe and propose any measures to address it and prevent its recurrence. acceptable to the Association. C CONTRACTORS’ MONTHLY REPORTS Submit the monthly reports to the National Local Government Require contractors and supervising firms to provide monthly monitoring reports on Association as annexes to the reports to Finance Committee ESOHS performance in accordance with the metrics specified in the respective bidding be submitted under action (A) above. documents and contracts, and submit such reports to the Association. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANISATIONAL STRUCTURE: The Project Management Unit includes four (4) safeguard officers: two (2) senior staff and The organizational structure, including National Local Government two (2) officers. the environment and social specialists Finance Committee must be maintained throughout Project implementation. In addition to the safeguard officers in the PMU, the following additional personnel shall be recruited under AF2 to facilitate both project implementation and E&S activities: 2|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Social Support for Resilient Livelihoods Project –Second Additional Financing (P 180152) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY • 4 District Cluster Coordinators (DCCs) shall be recruited – who will oversee The 4 District Cluster Coordinators shall National Local Government planning and implementation of E&S activities, as well as ensure compliance in be appointed within 90 days following Finance Committee the city and districts under their cluster. the Effective Date for the AF2 and maintained throughout Project • Project Facilitators shall also be recruited, one for each of the 28 districts under implementation the Project according to the [FA] [Project Implementation Manual (PIM)] - and their responsibilities include to support Environmental District Officers (EDOs) Project facilitators shall be appointed to and District Environmental Sub-Committees (DESC) in E&S screening, preparation the 28 districts and 4 cities within 90 of tools, and monitoring of E&S safeguard compliance. days following the Effective Date for the AF2 and maintained throughout Project The Project shall continue to utilize existing decentralized E&S capacity of Government implementation of Malawi. Where available, the local ‘committees’ at community level shall be directly involved, including Catchment Management Committees (CMCs), Village Natural Maintain throughout Project Resource Management Committees (VNRMC), Village Development Committees (VDCs, implementation. Grievance Redress Committees (GRCs), and Project implementation committees. 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS: 1. Update, disclose, consult, adopt, and implement, the Environmental and Social 1. Update ESMF for the Project that was National Local Government Management Framework (ESMF), which was prepared for the Project with the AF, in prepared under the AF, disclose, consult, Finance Committee a manner consistent with the relevant ESSs and to the satisfaction of the Association. and adopt updated ESMF 90 days after The revised document shall be disclosed in country by the Recipient as well as on the the Effective Date for the AF2, and Association’s website. The updated ESMF shal include, inter alia, exclusion criteria thereafter implement the updated ESMF for activities with substantial or high environmental and social risks, such as critical throughout Project implementation, all habitats, areas prone to high risk of natural disaster, cultural heritage and protected in a manner satisfactory to the areas. Association. 2. Ensure that Catchment Management Committees, Foremen, Project participants, and 2. Adopt the ESMP before carrying out National Local Government COMSIP Savings Groups adopt and implement the subproject-specific Environmental and the sub-project works that require the Finance Committee Social Management Plans (ESMPs) in form and content satisfactory to the Association, as adoption of such ESMP. Once adopted, set out in the ESMF. implement the respective ESMP throughout Project implementation. 3. Review and update the Project Implementation Manual (PIM) for the Enhanced Public National Local Government Works/Climate Smart Public Works Program (under sub-component 1.1 of component 1 3. The PIM shall be updated prior to Finance Committee of the project) to incorporate lessons learnt from the pilot, the AF1, and the community the Effective Date for the AF2 monitoring requirements. 3|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Social Support for Resilient Livelihoods Project –Second Additional Financing (P 180152) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 4. Establish the Malawi in-country Landscape Restoration Community of Practice Forum 4. Establish the Malawi in Country Department of Land Landscape Restoration Community Resources Conservation of Practice forum within 90 days of the Effective Date for the AF2 1.3 MANAGEMENT OF CONTRACTORS: National Local Government Incorporate the relevant aspects of the ESCP, including the relevant E&S instruments, Prior to the preparation of procurement Finance Committee and the Labour Management Procedures, and code of conduct, into the ESOHS documents. specifications of the procurement documents and contracts with contractors and supervising entities. Thereafter ensure that the contractors comply with the ESOHS Supervise contractors throughout specifications of their respective contracts. Project implementation. 1.4 TECHNICAL ASSISTANCE Throughout Project implementation. National Local Government Ensure that the consultancies, studies (including feasibility studies, if applicable), service Finance Committee providers, capacity building, training, and any other technical assistance activities under the Project are carried out in accordance with terms of reference acceptable to the Association, that are consistent with the ESSs. Thereafter ensure that the outputs of such activities comply with the terms of reference. 1.5 CONTINGENT EMERGENCY RESPONSE FINANCING (CERC) a) The adoption of the Contingency The National Local a) Ensure that the Contingency Emergency Response Component Manual includes a Emergency Response Component Government Finance description of the ESOHS assessment and management arrangements for the Manual, in form and substance Committee implementation of the CERC in accordance with the ESSs. acceptable to the Association is a withdrawal condition under Section III of Schedule 2 of the Financing Agreements. b) Adopt the Project ESMF which may be required for activities under CERC of the Project, in accordance with the Contingency Emergency Response Component Manual and, the ESSs, and thereafter implement the measures and actions required under said E&S instruments, within the timeframes specified in said E&S instruments. 4|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Social Support for Resilient Livelihoods Project –Second Additional Financing (P 180152) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY b) Adopt any required E&S instrument and include it as part of the respective bidding process, if applicable, and in any case, before the carrying out of the relevant Project activities for which the E&S instrument is required. Implement the E&S instruments in accordance with their terms, throughout Project implementation. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOUR MANAGEMENT PROCEDURES: Labor Management Procedures shall be National Local Government Update and implement the Labour Management Procedures (LMP) that have been updated by the Disbursement Date for Finance Committee developed under the AF for the Project, including, inter alia, provisions on working the AF2 and implemented throughout conditions, management of workers relationships, occupational health and safety Project implementation. (including personal protective equipment, emergency preparedness and response, and incident reporting), code of conduct (including relating to SEA and SH), forced labor, child labor, provisions for disabled workers, Community Workers, Community Volunteers, Contracted Workers, Short-Term Consultants and Direct Project Workers, grievance arrangements for all Project workers, and applicable requirements for contractors, subcontractors, and supervising firms. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS: Worker grievance mechanism National Local Government Maintain and operate the grievance mechanism and incident register for Project operational prior to engaging Project Finance Committee, workers, as described in the LMP and consistent with ESS2. workers and maintained throughout Contractors. Project implementation 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES: National Local Government 1. Implement occupational, health and safety (OHS) measures specified in the ESMF, 1. OHS measures operational prior to Finance Committee, subcomponent ESMPs, and LMP, in line with applicable WBG Environmental Health and engaging Project workers and Contractors Safety (EHS) guidelines and other relevant Good International Industry Practice (GIIP). maintained throughout Project implementation. 2. Site-specific risk assessments shall be carried out and preventative action and mitigation 2. Site-specific OHS risk assessment shall measures developed in the ESMPs. be completed prior to commencement of work under the same timeframe as for the preparation and implementation of the ESMPs under action 1.2 (2) of this ESCP. 5|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Social Support for Resilient Livelihoods Project –Second Additional Financing (P 180152) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 3. Identify first-aid focal persons under each micro-catchment and provide first aid training 3. Identification of first aid focal National Local Government and first-aid kits that are readily accessible. persons, first aid training completed, Finance Committee, and provision of first aid kits shall be Contractors carried out prior to commencement of works under each subproject. First Aid kits shall be maintained throughout sub-project implementation. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLAN: Same timeframe as for the preparation National Local Government Adopt and implement, as part of each subproject ESMP, a Waste Management Plan and adoption of ESMPs in 1.2 (2) above. Finance Committee (WMP) for relevant and specific subprojects to manage hazardous and non-hazardous wastes (including disposal of inert material from excavation activities), consistent with ESS3 and other requirements included in the ESMF for the Project and use of and authorized disposal sites. 3.2 PEST MANAGEMENT PLAN: Same timeframe as for the updating, National Local Government Prepare, adopt, and implement a Pest Management Framework (PMF) in the updated preparation and adoption of the ESMF Finance Committee ESMF which includes eligibility criteria to ensure that banned substances are not being and mitigation measures included in the used in Project activities. In accordance with this PMF, prepare and adopt, as part of ESMPs under Section 1.2 above. each subproject ESMP, Pest Management Plans for relevant and specific subprojects where the use of pesticides or chemicals are considered necessary. 3.3 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT: Same timeframe as that of the adoption National Local Government In accordance with the ESMF, incorporate resource efficiency and pollution prevention and implementation of the ESMPs Finance Committee and management measures in the ESMPs to be prepared under action 1.2 (2) above. under Section 1.2 (2) above. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY Same timeframe as updating ESMF National Local Government Traffic management Plan (TMP) shall set out management and mitigation measures for under Section 1.2 (1) above; Finance Committee traffic and road safety, taking into consideration both the disruption to traffic and the Include in subproject ESMPs with same safety of workers and the community during Project implementation. timeframe as Section 1.2 (1) above. Measures shall be implemented The TMP shall form part of the ESMF and shall be included in the subproject specific throughout project implementation ESMPs. 6|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Social Support for Resilient Livelihoods Project –Second Additional Financing (P 180152) 4.2 COMMUNITY HEALTH AND SAFETY: Same timeframe as that of the adoption National Local Government 1. Assess and manage specific risks and impacts to the community arising from and implementation of the ESMPs Finance Committee Project activities and natural disaster risks, including, inter alia, behaviour of under Section 1.2 (2) above. Project workers, worker sanitation arrangements, response to emergency Measures to be implemented situations, and include mitigation measures in the ESMPs to be prepared in throughout project implementation accordance with the ESMF, including eligibility criteria for exclusion of areas prone to high risk of natural disaster. 2. Asses and manage risks of communicable diseases (including inter alia COVID 19 and Cholera), sanitation, conflicts (in accordance to the GRM) and related health and safety issues and include mitigation measures in the ESMPs to be prepared in accordance with the ESMF. 4.3 GBV, SEA, AND SH RISKS: Assessment was completed in July, National Local Government Based on the assessment that was completed, prepare, adopt and implement a Gender 2022. Finance Committee Based Violence (GBV)/Sexual Exploitation and Abuse (SEA)/Sexual Harassment (SH) Action Plan Framework (GBV/SEA/SH Action Plan Framework) to be included in the updated Prepare, adopt and implement the ESMF, to assess and manage the risks of GBV, SEA, and SH in the ESMPs. GBV/SEA/SH Action Plan Framework within the same timeframe for the updating of the ESMF under Section 1.2 (1) above; thereafter implement the GBV/SEA/SH Action Plan throughout Project implementation and include relevant measures in the ESMPs within the same timeframe as Section 1.2 (2) above. 7|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Social Support for Resilient Livelihoods Project –Second Additional Financing (P 180152) ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT POLICY FRAMEWORK National Local Government Update, disclose, consult, adopt, and implement the Resettlement Policy Framework Update, disclose, consult and adopt the Finance Committee (RPF) for the Project including inter alia procedures for voluntary land agreements and RPF within 90 days of the Effective Date community bylaws, consistent with ESS5. for the AF2. Implement the RPF throughout Project implementation. 5.2 RESETTLEMENT PLANS: Adopt and implement the respective National Local Government Adopt, and implement a resettlement action plan (RAP) for each activity under the RAP prior to carrying out any activity Finance Committee Project for which the RPF requires such RAP, as set out in the RPF and consistent with that requires resettlement , including ESS5. ensuring that before taking possession of the land and related assets, full The grievance mechanism to address resettlement related complaints shall be described compensation has been provided and as in the RPF and SEP. The Project GRM shall be used to address resettlement-related applicable displaced people have been complaints and issues. Specific Resettlement Plans shall describe the GRM to be applied. resettled and moving allowances have been provided, all in a manner satisfactory to the Association. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS: Same timeframe as that for the National Local Government Assessment of biodiversity and living natural resources risks shall be conducted in adoption and implementation of the Finance Committee accordance with ESS6 and procedures to be specified in ESMF. ESMF and ESMPs under Section 1.2 In addition, assess and manage impacts for each subproject in accordance with measures above. to be adopted in the Biodiversity Management Plans and the subproject ESMPs to be prepared under action 1.2 above, consistent with ESS6. While sub-project sites are not yet identified, selected locations shall avoid environmentally sensitive areas, protected areas, and critical habitat areas. The ESMF shall also include eligibility criteria for sub-projects to ensure avoidance of invasive species in forest restoration activities. 6.2 WORK IN PROTECTED AREAS Same timeframe as that for the National Local Government Where applicable, comply with national legislation and secure necessary permits and/or adoption and implementation of the Finance Committee written consent from relevant government entities. Conditions of the permits and/or subproject ESMPs. consents must be included in the relevant ESMPs. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES This standard is not applicable in the context of Malawi as such groups are not present. ESS 8: CULTURAL HERITAGE 8|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Social Support for Resilient Livelihoods Project –Second Additional Financing (P 180152) 8.1 CHANCE FINDS: Same timeframe as that for the National Local Government Prepare a template, and describe and implement the chance finds procedure as part of adoption and implementation of the Finance Committee the ESMF developed for the Project. Screening of sub-project sites and necessary ESMF and ESMPs under Section 1.2 measures for each sub-project shall be covered under the ESMF and ESMP to be above. prepared under action 1.2 above. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION: SEP was updated in October 2022 and National Local Government Update, adopt, and implement the updated Stakeholder Engagement Plan (SEP) for the will be disclosed in November 2022. Finance Committee Project, consistent with ESS 10, which shall include measures to, inter alia, provide Implementation of the measures stakeholders with timely, relevant, understandable and accessible information, and contained in the updated SEP shall consult with them in a culturally appropriate manner, which is free of manipulation, continue throughout the Project interference, coercion, discrimination and intimidation. implementation. 10.2 Update, adopt, maintain, and operate the updated accessible grievance mechanism, to GRM is already operational. It shall be National Local Government receive and facilitate resolution of concerns and grievances in relation to the Project, updated to cover additional financing Finance Committee promptly and effectively, in a transparent manner that is culturally appropriate and readily activities no later than 3 months from accessible to all Project-affected parties, at no cost and without retribution, including the Effective Date of the AF2, and concerns and grievances filed anonymously, in a manner consistent with ESS10. thereafter be maintained and implemented throughout Project The grievance mechanism shall be equipped to receive, register, and facilitate the implementation. resolution of GVB/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. GRM should also be accessible to report environmental concerns resulting to/from the Project. Undertake regular review of functionality of the GRM committees and provide regular Throughout Project implementation – mentorship monthly for internal monitoring and reporting, and quarterly for external reporting. Adopt, maintain and operate a grievance register, as described in the SEP, to record the Grievance register has been adopted types of grievances and the redress and/or mitigation measures implemented. and shall be maintained and updated continuously as and when grievances are reported throughout Project implementation CAPACITY SUPPORT 9|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Social Support for Resilient Livelihoods Project –Second Additional Financing (P 180152) CS1 Carry out capacity needs assessment on E&S across all levels. Carry out capacity building assessment National Local Government Prepare and implement capacity building plan: and prepare capacity building plan Finance Committee • to strengthen stakeholder capacity in coordinating, planning, implementing and within 4 months from the Effective Date monitoring environmental and social risk identification, management and of the AF2. mitigation issues; • To strengthen capacity in implementing soil and water conservation techniques, Implement capacity building plan sediment trapping, and runoff management, reforestation and natural throughout Project implementation in regeneration. accordance with the schedule set forth • To strengthen capacity in GEMS reporting and capturing and reporting in the plan. subproject information. CS2 Training for Project workers on EPWP, traffic management and road safety, and Prior to commencement of sub-project National Local Government livelihoods support sub-projects on occupational health and safety including on activities Finance Committee emergency prevention and preparedness and response arrangements to emergency situations. 10 | P a g e