The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) Appraisal Environmental and Social Review Summary Appraisal Stage (ESRS Appraisal Stage) Public Disclosure Date Prepared/Updated: 04/18/2023 | Report No: ESRSA02680 Apr 18, 2023 Page 1 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) BASIC INFORMATION A. Basic Project Data Country Region Project ID Parent Project ID (if any) Pakistan SOUTH ASIA P176780 Project Name Khyber Pakhtunkhwa Rural Investment and Institutional Support Project Practice Area (Lead) Financing Instrument Estimated Appraisal Date Estimated Board Date Social Sustainability and Investment Project 4/3/2023 6/13/2023 Inclusion Financing Borrower(s) Implementing Agency(ies) Islamic Republic of Local Government Election Pakistan and Rural Development Department (LGE&RDD, Planning and Development Department Public Disclosure Proposed Development Objective The Project Development Objective is to strengthen state capabilities for delivery of basic services and climate resilient infrastructure in the project areas, including for the poor and vulnerable Financing (in USD Million) Amount Total Project Cost 200.00 B. Is the project being prepared in a Situation of Urgent Need of Assistance or Capacity Constraints, as per Bank IPF Policy, para. 12? No C. Summary Description of Proposed Project [including overview of Country, Sectoral & Institutional Contexts and Relationship to CPF] The project is being implemented under a Multiphase Programmatic Approach (MPA) as an Investment Project Financing (IPF) instrument. Over a nine-year period, the proposed MPA includes two phases, focused on key areas that address the most pressing development challenges in the Newly Merged Areas (NMA) of Khyber Pakhtunkhwa, including emergency reconstruction in the first phase related to damages caused by catastrophic 2022 floods. During Phase 1, interventions will prioritize building citizen state relationships through strengthening the lowest tier of Apr 18, 2023 Page 2 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) government and extending state systems and government presence to the NMA to as to facilitate and ease service delivery challenges. The project is positioned to address two critical priorities for the GoKP. First, the project responds to foundational investments in the merged areas as outlined in the GoKP’s TDS (2020-2030). This includes strengthening state responsiveness in the merged areas and to facilitating citizen driven service delivery. Second, the project supports a critical priority for the GoKP in responding to and building resilience of the province for climate related extreme weather events. The project interventions target the eight (8) newly merged districts (NMD) and six (6) frontier regions (FRs), where the development gaps are largest. Support provided through the emergency flood recovery component will target infrastructure damaged by the recent floods The project has the following five components: (a) Component A: Multisectoral Investments and Improved Service Delivery (US$90 million). The objective of this component is to address critical gaps in service delivery to the merged areas, by focusing both on investments in infrastructure as well as the missing delivery systems that hinder effective service delivery. The component will finance multisectoral infrastructure investments in water supply and sanitation, rural roads, and agriculture and irrigation infrastructure sectors with a view to identify high priority and critical infrastructure investments to improve connectivity, economic productivity, and human capital outcomes (b) Component B: Institutional Development of Merged Areas (US$55 million) This component will finance Public Disclosure investments to bolster state responsiveness to citizens, focusing on lower tiers of government and service delivery. It will include (B1) institutional strengthening and capacity building of village councils and communities for participatory planning, budgeting, monitoring, strengthening social accountability systems, and community development and behavioral change outreach; (B2) conditional and performance-based grants to village councils to finance local infrastructure priorities in line with community preferences; and (B3) local public service delivery centers at the tehsil level to facilitate access to services, especially of civil and vital records (c) Component C: Emergency Flood Response (US$50 million). The objective of this component is to support the GoKP in flood recovery and reconstruction efforts as well as to improve climate resilience in the province. The component will finance reconstruction and rehabilitation of public infrastructure damaged by floods, including roads, bridges, public buildings (especially elementary schools and basic health units), irrigation and flood protection infrastructure (d) Component D: Project Management, M&E and Technical Assistance (US$5 million). This component will support the Government of KP to effectively implement the project, and to coordinate all project related activities, monitoring, technical assistance, and training (e) Component E: Contingent Emergency Response Component (US$0 million). Following an adverse natural event that causes a major natural disaster, the GoKP may request the World Bank to re-allocate project funds to support response and reconstruction Apr 18, 2023 Page 3 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) D. Environmental and Social Overview D.1. Detailed project location(s) and salient physical characteristics relevant to the E&S assessment [geographic, environmental, social] The Project will cover communities in 14 districts (08 Newly Merged Districts (NMDs) and six (06) districts in the Frontier Regions (FRs) that have the largest service deficits according to GoKP Planning and Development (P&DD) Department’s categorization. The NMDs are 27,224 square kilometers subdivided administratively into eight tribal districts (formerly tribal agencies), each having a different tribal mix and administrative headquarter. They are inhabited almost exclusively by the Pashtuns, also known as Pakhtuns, an ethnic group living on both sides of the Durand Line in Pakistan and Afghanistan. More than two dozen major Pashtun tribes (with subtribes) populate the NMDs. As per the 2017 census, the population of the NMDs was about 5 million, 96 percent of which was living in rural areas. According to the multidimensional poverty index compiled by the Government of Pakistan in 2016, multidimensional poverty incidence in KP was 25 percent, while in the NMDs, the average poverty incidence was 33.7 percent. The topography of the terrain in the project areas varies significantly from plains to valleys to mountain ranges with snow clad peaks. The climate varies from dry-temperate to wet-temperate, with a mild summer and snowy cold winters in parts. The groundwater potential in NMDs and FRs largely depends on rainfall and the irrigation systems consist mostly of shallow wells, dug wells (open wells with motorized pumping) and tube wells. The main water source for drinking purposes is groundwater and surface water (which caters to about 16% of the population). There is no proper solid waste and drainage system in the most of the project areas. In particular the selected NMDs and FRs face several natural hazards, including flooding, heat stress, drought, landslides and air pollution, which are likely to be exacerbated with the impacts of climate change. Between 1970 and 2020, 20 extreme weather events including Public Disclosure floods, landslides, and avalanches impacted KP. Due to the lack of resilient infrastructure, these natural calamities have also impacted lives, livelihoods and disrupt access and connectivity between districts and rural communities. For instance, heavy flooding in 2010 and 2022 severely damaged the road network in KP, resulting in loss connectivity, increasing transport costs, unemployment and negatively impacting farmers’ income. The geographic characteristics of the northwest region, combined with security conditions and low population density, have traditionally impeded access to basic services for a large part of the population. According to the GoKP’s Tribal Decade Strategy (TDS), about 60 to 80 percent of men in the NMDs are either unemployed or looking for work. Eighty six percent of women in the merged areas described themselves as being homemakers and not engaged in income generating activities. Gender inequalities are high, and there are limited opportunities for the province’s large youth population. Having suffered from conflict and social and economic exclusion for years, the communities in the NMDs are fragile and have a general distrust for the state and state run services. Schools and primary health facilities in the NMDs were targeted during the insurgency, and many were either destroyed completely or were rendered dysfunctional. Project districts neighboring NMDs (including D. I. Khan, Tank, Hangu, etc.) have suffered spillover impacts of the conflict situation, including increased pressure on health and education facilities. Women and girls across KP do not have equitable access to health facilities due to limited resources, distances, socially conservative norms, availability of dedicated facilities and quality of services. Most incidents of gender-based violence are dealt with informally inside the home due to social stigma and fear of retribution as well as a lack of Apr 18, 2023 Page 4 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) awareness or trust in formal support mechanisms. Compounding these issues is the scarcity, fragmentation and limited capacity of formalized support services for survivors. D. 2. Borrower’s Institutional Capacity Planning and Development Department (P&DDD) will play a critical role in monitoring and oversight of project activities through its Project Coordination Management Unit (PCMU). Project activities would be implemented by the respective line departments (Communication & Works-C&W, Public Health Engineering Department-PHED, Local Government Department-LGD, Irrigation and Agriculture) who would be responsible for procurement, contract signing and management and financial management for all activities to be implemented by them and for delivering results against the agreed activity outcomes. Currently these departments do not have adequate E&S staff to ensure the compliance of E&S documents during construction, operation and maintenance phases as required under the ESF. Project activities will also be implemented by elected local governments (village and neighborhood councils), where the capacity is likely to be weak, although most of these investments are small scale. PCMU would be established with a dedicated Project Coordinator/Director, along with technical staff such as a procurement specialist, financial management specialist, social specialist, environmental specialist, M&E specialist, and additional key staff. The PCMU will take the lead in E&S supervision and oversight, and will be staffed with a Environment Specialist and a Social Specialist. The PCMU will help in intensive monitoring and coordination for P&DDD and the Steering Committee and resolve any inter departmental issues. P&DDD would be supported through an M&E consultancy to establish digital dashboards and monitor project implementation in real time, as well as through district coordinators. Public Disclosure The GoKP, through its line departments, has experience in the construction and delivery of field level services, and have recently established institutional presence in the merged areas. Line departments have experience in the implementation of water supply and sanitation systems, agriculture and livelihoods support, roads construction, development of complexes and missing facilities, irrigation infrastructure and village level infrastructure through their technical departments and field level implementation staff. Each line department will establish a PIU staffed with a Project Director alongside procurement, financial management staff, and environment and social staff (one E&S Specialist in each PIU, with one additional Gender Specialist in LG PIU). The number of such staff would depend on the activities and stage of the project. Project staff will be supported by existing departmental field staff to execute field level activities. Line departments will also be supported with the services of Design and Supervision Consultants (Firm)—with one to support the Communication and Works (C&W) department for building complexes and link roads, and a second to support Public Health Engineering Department (PHED) and Irrigation Department jointly for water supply and irrigation schemes-- who would be designated as the “Engineer/Project Manager” for the construction design and supervision for civil works. The D&S Consultant will be responsible for finalizing any needs assessments, coordination with line departments, detailed designs or design reviews (in case the designs are already prepared), site-specific environment and social management plans, construction supervision, and contract management support. The Local Government Department (LGD) will recruit a Consultant (Firm) to assist in the institutional Strengthening and Systems Building for newly elected Village Councils/Neighborhood Councils (VCs/NCs) in the merged areas. The Consultants would provide hands on support to VC/NC to engage citizens through participatory planning, develop budgets and implementation plans, build overall development governance capacity, strengthen oversight and Apr 18, 2023 Page 5 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) reporting systems, and improve citizen monitoring of public services provision. The Consultants would also provide engineering oversight for design and supervision of selected schemes. Project implementation arrangements are depicted in Program Appraisal Document (PAD) Figure 1: Project Implementation Arrangements. The roles and responsibilities for E&S implementation and compliance are elaborated in the draft ESMF, and will be further explained in the Project Operations Manual (POM). The draft ESMF also includes specific measures to strengthen the capacity of the P&DD and GoKP line departments to accurately manage the E&S risks. The PCMU staff will receive training on World Bank ESSs and project management aspects. The effectiveness of implementation and compliance system will be regularly assessed by the Monitoring and Evaluation Consultants (MEC), as an independent/third party monitor. A number of grievance redress mechanisms (GRMs) are available within relevant Government departments for citizens to lodge complaints, such as the KP Citizens Portal, the Performance Management and Reforms Unit (PMRU) in P&DD, and the Rasai (Access) 1800 service managed by the KP Right to Services Commission. While the existing systems are comprehensive, there are indications that they are over-burdened and that response times are slow. Without an effective GRM system in place, stakeholders’ grievances can fester, creating resentment against development initiatives in the region. Given this, the Project will put in place a Project-specific GRM as described in the Preliminary SEP. II. SUMMARY OF ENVIRONMENTAL AND SOCIAL (ES) RISKS AND IMPACTS A. Environmental and Social Risk Classification (ESRC) Substantial Public Disclosure Environmental Risk Rating Moderate Overall, the Project will have positive environmental and social benefits through provision of improved climate resilient infrastructure and basic services for roads, water supply, sanitation and solid waste management systems and will respond to flood damage in KP. The environmental risks of the Project are assessed as Moderate mainly associated with civil works related to small to medium scale multiple investments. The Project impacts include localized air, water and noise pollution, limited vegetation clearance, soil erosion and sedimentation during civil works; waste water in case of poor septic tank designs, water pollution in case of waste run off into waterways, community health and safety risks due to investments expected to be located in rural or suburban areas. Social Risk Rating Substantial Social risks for the Project are assessed as Substantial. These risks are mainly related to social exclusion and access, especially of vulnerable and disadvantaged groups, concerns about land acquisition, safety and security of Project workers and the capacity of implementing departments in working through a participatory paradigm. The risk that women and girls will be excluded from Project benefits is considerable, and there is a high prevalence of gender- based violence and inadequate access to gender sensitive remedial services. Since land in NMDs is mostly communally/tribally owned, and there is no land settlement, delays in land acquisition and compensation can be one of the primary factors causing delayed initiation or completion of works, and a source for disagreements among stakeholders. B. Environment and Social Standards (ESSs) that Apply to the Activities Being Considered Apr 18, 2023 Page 6 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) B.1. General Assessment ESS1 Assessment and Management of Environmental and Social Risks and Impacts Overview of the relevance of the Standard for the Project: The standard is relevant. The Project’s foreseeable negative E&S impacts are expected to be reversible, limited in scope, and manageable through implementation of appropriate mitigation measures. Overall, the environmental footprint of the civil works is expected to be small to medium scale, localized and temporary in nature as the individual investments planned under the project are not of complex nature. Other than civil works related environmental risks as explained in sections earlier, improper use of local resources such as water, sand, and crushed rocks has the potential to generate additional impacts beyond the construction sites. The impacts could include minor pollution and over exploitation of community resources. Adequate design and siting of community infrastructure schemes particularly for water supply, sanitation, drainage systems and solid waste management are critical to avoid any risks of groundwater and drinking water contamination for communities. In addition, siting, technical design, and construction of these schemes will need to be informed by the World Bank Group (WBG) Environmental, Health, and Safety Guidelines (EHSGs). The Project's social risks are mainly related to social inclusion and access, especially of vulnerable and disadvantaged groups, capacity of GoKP line departments in undertaking inclusive public outreach, safety and security of project staff in NMAs, and delayed land availability for sub-projects. Land acquisition is likely to be small-scale, involuntary resettlement is unlikely, but there may be temporary economic Public Disclosure displacement and livelihood impacts. Guidance on land related matters in accordance with ESS5 is provided in the Resettlement Policy Framework which is part of the draft ESMF. While social relations are generally smooth among the Pakhtun tribes that populate the NMDs and FR districts, tensions can emerge over access to humanitarian and development resources, and ownership of land and other assets. A Preliminary Stakeholder Engagement Plan (SEP) and draft Labor Management Procedures (LMP) have been developed, including proposals for the respective GRMs needed under each standard. The SEP will be updated during implementation, after consultations are held with communities in the flood affected districts, expected within six months of PCMU staffing. The draft LMP will be updated once the institutional structure and staffing are finalized, within three months of PCMU staffing, and before signing of civil works contracts. There is considerable risk that women and girls will be excluded from Project benefits related to improved health and education facilities. Concerns related to gender-based violence and the need for gender sensitive remedial services is critical. Large-scale labor influx is not expected for civil works. A GBV and SEA Mitigation plan will be prepared during project implementation, within six months of PCMU staffing, to identify a systematic approach to the mitigation of GBV/SEA risks given the gender gaps and absence of GBV service Providers in the project area. Social mobilization will be integral to enhancing the capacities and strengthening Village Councils particularly in inclusive planning, management, finance and accounting. Participatory mechanisms will be customized for women and men to ensure different needs, especially of vulnerable persons, are reflected in project activities, and social risk of exclusion and underservicing of remote areas is prevented. Beneficiary feedback surveys will also be used to obtain Apr 18, 2023 Page 7 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) continuous feedback and fine-tune project activities. The role of local institutions, district administrators, and buy-in from tribal elders would be critical to ensure effective mobilization of beneficiaries. The Government of KP held a series of stakeholder consultations during project preparation to provide information on the proposed activities of the project, and to get feedback from various stakeholder groups regarding areas and sectors they think the project should focus on. A particular effort was made to include women and vulnerable groups, including people with disabilities and transgender persons in the discussions. These consultations were held during the May-September 2022 period and have been documented in the SEP and draft ESMF. Feedback was received on the development needs of the population living in NMDs, the social dynamics of NMDs and FRs, the suitability of a participatory approach for project implementation, the necessity to reach remote areas beyond the existing road network, coordination with security agencies, use of local labor and local expertise to prevent absenteeism, possibility of elite capture of subproject sites, inclusion of the small Sikh and Christian religious minorities as beneficiaries, inclusion of people with disabilities (PWDs) in project activities and existing dearth of facilities for PWDs, ensuring representation of transgender persons in consultations, and respecting local norms by conducting consultations with women in private spaces by female project staff. Concerns were also raised about land acquisition processes and compensation provision being slow, and ability of local government to resolve disputes in a timely manner. ESMF (with RPF) has been reviewed by the Bank was disclosed on December 13, 2022 before appraisal. This draft will be updated within 90 days of Project effectiveness with required data and feedback from consultations in flood affected districts should these be brought under project purview, and re-disclosed. The project districts are Public Disclosure predominantly rural and sub-project's locations are planned in and around the village areas. The size and complexity of the schemes will be determined based on risks identified against Environment and Social Screening Checklist prepared as part of ESMF. The screening criteria is provided in ESMF to exclude sites located in critical habitats (including protected areas or other sensitive habitats) and will guide selection of sub projects with only low and moderate risks. As a result of E&S screening, ESMPs will be prepared for moderate risk sub projects and E & S screening and monitoring checklists with mitigation measures will be prepared for low risk sub projects. Retroactive financing will be available under the project for an amount up to 20 percent. In case the project avails retroactive financing 1) necessary E&S documents would be prepared for the activities subject to retroactive financing prior to such activities being carried out; (2) audit will be carried out within 45 days of effectiveness; and (3) should there be any non-compliance, all corrective measures must be implemented before disbursement can occur. ESS10 Stakeholder Engagement and Information Disclosure The P&DD has prepared a Stakeholder Engagement Plan (SEP) to provide means for effective and inclusive engagement with stakeholders throughout the project life cycle on issues that could potentially affect them. The SEP outlines the ways in which the project team will communicate with stakeholders and includes a mechanism by which people can raise concerns, provide feedback, or make complaints about any activities related to the project. Beneficiary feedback surveys will also be used to obtain continuous feedback and fine-tune project activities. Apr 18, 2023 Page 8 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) The existing dispute resolution forum in NMAs is the prevailing “jirga” system. This is a decades-old conflict resolution mechanism that tribes use as a customary judicial institution. Though youth can attend jirgas, women cannot (though they can be represented through proxy), and minorities also do not attend. Only male elders can be Jirga members. Given these limitations, a robust and inclusive GRM will be instituted for project related issues. Project stakeholders will be able to lodge complaints or give feedback about the project through existing provincial grievance redress mechanisms such as the KP Citizen’s Portal and Khpal Wazir e Ala Rasai 1800 (hosted by KP Right to Services Commission). The dedicated Project GRM will be housed in the PCMU to receive and facilitate resolution of concerns and grievances of project affected parties about any aspect of project implementation other than procurement matters and fraud and corruption (for which other mechanisms exist). The GRM will function as a multi-tier system with designated staff at the PCMU, district, and Village (VC/NC) levels. At each level, the Project Director will designate a Grievance Redress Committee (GRC). The system shall be structured such that every effort will be made to dispose of a complaint at the GRC where the complaint is registered, with option to escalate the complaint. The PCMU GRM appointed focal person will assist GBV survivors by referring them to GBV Services Provider(s) for support immediately after receiving a complaint directly from a survivor, and protocols will be put in place in case reports come from a third party. A list of GBV service providers will be available with the PCMU once the GBV Mitigation Plan is prepared. In general, the timeframe for resolution of complaints shall not exceed 21 days. The GRM will be well publicized and will be clearly advertised on relevant websites (for example, P&DD and LGERD) along with a dedicated tab on the project website. P&DD will ensure that the Project GRM is accessible to all citizens of the target districts, including women, senior citizens and other vulnerable groups. Culturally-appropriate Public Disclosure communication mechanisms will be used both to spread awareness regarding the GRM process as well as complaints management. The final processes and procedures for the GRM will be translated into relevant local languages (Pashto/Urdu) and disseminated at all project locations. These shall be made available in leaflet and poster formats, audio/video and text messages, as appropriate. GRMs of existing Bank-financed projects in KP will be scoped to select the most appropriate outreach methods given literacy rates, communication networks range (cellphones, broadband), and electricity coverage. The SEP will be updated within 90 days of Effectiveness and after consultations are held on project works in flood affected districts, as these were added late into the Project’s scope. B.2. Specific Risks and Impacts A brief description of the potential environmental and social risks and impacts relevant to the Project. ESS2 Labor and Working Conditions The project expects to involve direct workers (hired to work on the project), contracted workers (those hired by contractors, such as construction firms or consulting firms, to work on the project), primary supply workers (workers employed by subcontractors for the supply of goods and construction materials), and community workers (local labor working on community-based infrastructure schemes, with terms/conditions outlined in MOUs). The draft LMP provides details on all worker types, and how ESS2 requirements apply to them. Apr 18, 2023 Page 9 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) Efforts will be made to hire as much of the labor locally as possible, except for skilled workers that cannot be found in the project locations. The number of workers who could be recruited is not known at this time, as subprojects will be identified during implementation. Infrastructure works are expected to be relatively small scale, and large-scale labor influx is not expected. Consequently, there may not be a need for the establishment of formal workers camps. Pakistan has comprehensive labor laws covering the terms and conditions of employment, termination of contracts, working time and rest time (working hours, paid leave, maternity leave and maternity protection, other leave entitlements), prevention of workplace harassment, prevention of child and forced labor, minimum age and protection of young workers, equality, pay issues, workers’ representation in the enterprise, trade union and employers’ association regulation and other aspects. In addition, Pakistan has also ratified several ILO labor conventions. The project will adhere to national labor laws and WBG standards concerning labor conditions, including child labor which will be forbidden for any person under the age of 14. Contracts for all workers will include a code of conduct, which will be signed when hired. For high-labor intensive works, the Labor Management Procedures (LMP) will establish criteria for beneficiary selection, and the SEP will inform communication and feedback mechanisms. The use of forced labor or conscripted labor will also be prohibited in the project, both for construction and any other tasks. The draft LMP lists and document all commitments in this regard. Occupational Health and Safety (OHS) risks are expected due to health and physical hazards associated with civil works and low awareness/experience amongst employers/workers to identify and manage risk. Key OHS hazards may include among others: (i) falls from heights, (ii) electric shocks, iii) hits and collision with heavy equipment, iv) ergonomic issues, v) accidents with hands tools, and (vi) failure to follow safety procedures including availability and Public Disclosure use of proper protective equipment. To ensure health and safety of workers during the construction and operational phases of the project, the client has developed an Occupational Health and Safety (OHS) plan as part of the ESMF, in line with World Bank Group EHS Guidelines to ensure that all field focused workers and communities are protected. It will include procedures on investigating and reporting accidents and incidents , emergency preparedness and response procedures, and continuous training and awareness of workers. Obligations under the OHS plan will also apply to all contractors involved in the project. Moreover, management of labor issues with regards to Gender Based Violence/Sexual Exploitation and Abuse/Sexual Harassment (GBV/SEA/SH), Grievance Redress Mechanisms (GRM) and OHS along with enhancement of implementation and supervision capacity, will be improved during preparation mainly through supervision consultants. The Draft LMP has been disclosed on December 13, 2022 prior to Appraisal. It includes an assessment of potential labor related risks including those of OHS; an overview of national labor regulations, policies and procedures; mechanisms to prevent GBV/SEA and harassment; contract terms and conditions; working age regulations; mechanism for redressal of labor related grievances; and other requirements of ESS2. It also outlines a workers’ GRM. The draft LMP will be updated with accurate numbers of project workers, including for works in the flood affected districts, within 90 days of Project Effectiveness, and before issuance of first bids for labor-intensive contracts. ESS3 Resource Efficiency and Pollution Prevention and Management Apr 18, 2023 Page 10 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) The standard is relevant. The project activities during the construction phase are not expected to generate significant hazardous waste materials; however, limited generation of non-hazardous waste could be expected. The project is planned to have a number of investments involving construction/civil works which will include use of materials like asphalt, sand, cement, gravel and stone from burrow pits and quarries. Due diligence for use of those raw materials for civil works from approved suppliers to avoid any conflict and depletion of community resources assessment will be undertaken under the ESS1 during preparation of site specific instruments and necessary mitigation measures will be incorporated in the ESMPs. The project infrastructure works are also anticipated to use fair amount of energy and water sources. However, the project is adopting climate resilient infrastructure and will include nature-based solutions, green techniques and includes activities for restoration and sustainable use of natural resources. The ESMF/ESMPs will include procedures and measures to make sure that the contractors will be required to avoid or minimize the release of pollutants and assure compliance with the Environmental, Health and Safety Guidelines of the World Bank Group. Mitigation measures to ensure the appropriate handling; storage, use and disposal of materials and wastes are proposed in the draft ESMF. During the operational phase of the project, solid waste and wastewater generation associated with the operation of certain types of infrastructure and services being financed (for example, sanitation and solid waste management) is expected. Due diligence under the ESS1 assessment and necessary mitigation measures are incorporated in the ESMF and site specific mitigation measures will be provided and adopted in ESMPs. ESS4 Community Health and Safety Public Disclosure This standard is relevant given that project activities under component A1, A2, B2 and C may expose communities to temporary health and safety risks, especially if there are communities that are immediately close to the construction sites and activities and particularly under B2 where the investments are planned within villages. The community health and safety risks during civil works includes exposure to: i) physical hazards on sites where the community has access; ii) in minor scale, the traffic and road safety hazards associated with the transit of construction equipment, machinery, and vehicles (i.e. government, contractors, suppliers) on public roads and specially in habited areas; iii) sourcing of raw materials during construction; and (iv) potential of GBV/SEA/SH risks from presence of male project labor. The ESMF identified and laid out out generic measures to minimize community risks, while more detailed management measures will be included in the site specific ESMPs for relatively complex infrastructure schemes. The ESMF outlined specific management and mitigation measures for community health and safety during construction, including: (i) a Community Health and Safety Plan (ii) a Road Safety Management Plan during civil works, in line with ESS4 and (iii) an Emergency Response Plans. A Security Risk Assessment (SRA), which will include a determination of the level of security required for the project personnel and assets, will be undertaken during Project implementation, and a security management plan prepared in accordance with the Good Practice Note “Assessing and Managing the Risks and Impacts of the Use of Security Personnel (2018)” prior to engaging security personnel and within six months of project effectiveness, and noted in the ESCP. ESS5 Land Acquisition, Restrictions on Land Use and Involuntary Resettlement This standard is relevant. The Project will undertake rehabilitation of damaged or inactive infrastructure and construction of new infrastructure schemes. Publicly owned land will be used to the extent possible for new infrastructure schemes, and involuntary resettlement or acquisition of private property will be minimized. Since sub- Apr 18, 2023 Page 11 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) project identification will take place during project implementation, the specific resettlement impacts are not known at this stage, and a draft Resettlement Policy Framework (RPF) has been prepared to provide guidance on issues related to land acquisition, restrictions on land use and involuntary resettlement (if any). The draft RPF is part of the draft ESMF, and it stipulates preparation of Resettlement Action Plans (RAP) when screening identifies the need for small scale land acquisition of land, or risk of removal of informal settlers/occupants from public lands. No works will commence prior to the implementation of RAPs. None of the NMDs and only some of the Frontier Regions have undergone a land settlement process, hence there is no individual land ownership. Lack of land settlement will pose risks to land taking for the Project, in terms of whether land parcels have undisputed title, whether there exists clear and transparent process steps for hand over, and whether responsibilities of government agencies such as revenue department and acquiring agency are clear. These concerns were raised during a stakeholder consultation held on land issues with provincial and local government during the preparation of the Resettlement Framework. Village Council members expressed certain reservations on the fairness of the Qaumi Commission process which establishes land acquisition rates. They were of the opinion land donation for small-scale community benefit schemes is likely to be accepted by the community. The Project will ensure there are no forced evictions from public land or land taken under negotiated settlement situations, and basic principles of due process (including provision of adequate advance notice, use of project GRM to resolve grievances and launch appeals, and avoidance of the use of unnecessary, disproportionate or excessive force) will be ensured. Where such voluntary land transactions may result in the displacement of persons, other than the seller, who occupy, use or claim rights to the land in question, para 6 of this ESS will apply. Public Disclosure The draft RPF was disclosed on December 13, 2022 and will be updated (if required) and redisclosed within ninety days of project effectiveness, and noted as such in the ESCP. ESS6 Biodiversity Conservation and Sustainable Management of Living Natural Resources The standard is not relevant. The project investments are likely to be located within the existing built in environment and are not anticipated to have any potential affect on natural habitats (modified, natural, critical), however minor land clearance may be required for the multi sectoral investment schemes under the project, but those will not be part of the forest or any protected areas. The E & S screening criteria prepared as part of the ESMF will be used to avoid the selection of subproject sites located within or in close vicinity to critical habitat (including protected areas or other sensitive habitats). ESS7 Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities This standard is not currently relevant. The three valleys in Lower Chitral district of Khyber Pakhthunkhwa province, where the Kalash live, are not part of the Project. Given the broad geographic scope of operations in the NMDs, if the standard becomes relevant, appropriate mitigation and benefit sharing measures will be adopted consistent with ESS7. ESS8 Cultural Heritage Apr 18, 2023 Page 12 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) ESS8 is not relevant. Component-A1, A2, B2 and C involves civil works which includes excavation. ESMF includes chance find procedures and screening checklist which will guide the handling of cultural heritage discovered during Project activities. ESS9 Financial Intermediaries This standard is not relevant as Financial Intermediaries will not be used. C. Legal Operational Policies that Apply OP 7.50 Projects on International Waterways Yes Since the project is located on the Indus River, an international waterway, OP 7.50 on “Projects on International Waterways” (the Policy) applies to the Project. The Policy states that any projects that involve the “use or potential pollution” of international waterways, the borrower or beneficiary state, is required to notify all other riparian unless an exception from this requirement is justified and granted. This exception applies “only to minor additions or alterations to the ongoing scheme; it does not cover works and activities that would exceed the original scheme, change its nature, or so alter or expand its scope and expand as to make it appear a new or different scheme”. The exception also applies to “water resource surveys and feasibility studies on or involving international waterways. However, the state proposing such activities includes in the terms of reference for the activities an examination of any potential riparian issues”. Finally, the exception applies to “any project that relates to a tributary of international waterway where the tributary runs exclusively in one state and the state is the lowest downstream riparian, unless Public Disclosure there is a concern that the project could cause appreciable harm to other states”. The project involves activities in the irrigation and water supply sectors where the following activities will be undertaken: rehabilitation and enhancements to existing flood infrastructure; master plans and feasibility studies for water resources management in the project areas; and new construction of water supply infrastructure. Consistent with the policy notification exception provisions, the project does not involve works and activities that would exceed the original scheme, and the nature of works envisaged under the project will(a) not adversely affect the quality or quantity of water flows to other riparian; and (b) will not be adversely affected by other riparian’s water use. Consistent with policy notification exception provision 7(b) the project will include in the terms of reference for master plans and feasibility studies examination of potential riparian issues. Finally, and consistent with exception provision 7(c) investments in water supply will draw exclusively from water sources that originate and stay within the boundaries of Pakistan. The Project therefore falls within the exception to the notification requirements of OP 7.50, and clearance is being sought by the World Bank’s legal team, Country Management Unit, Global Practice, and approval by the Regional Vice-President. OP 7.60 Projects in Disputed Areas No B.3. Reliance on Borrower’s policy, legal and institutional framework, relevant to the Project risks and impacts Is this project being prepared for use of Borrower Framework? No Apr 18, 2023 Page 13 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) Areas where “Use of Borrower Framework” is being considered: None. The Borrower has not proposed adoption of the borrower/government's E&S Framework to address and manage environmental risks and impacts of the project. The project will apply the Bank’s ESF and its Environmental and Social Standards (ESSs) along with the Government’s E&S requirements. IV. CONTACT POINTS World Bank Contact: Anna Charlotte O'Donnell Title: Lead Social Development Specialist Telephone No: 5778+3428 / 62-21-5299-3428 Email: aodonnell@worldbank.org Contact: Akmal Minallah Title: Senior Financial Management Specialist Telephone No: 5722+151 / 92-51-909-0151 Email: aminallah@worldbank.org Contact: Mohammad Farhanullah Sami Title: Senior Water Supply and Sanitation Specialist Public Disclosure Telephone No: 5722+611 / 92-301-855-0212 Email: msami1@worldbank.org Borrower/Client/Recipient Borrower: Islamic Republic of Pakistan Implementing Agency(ies) Implementing Agency: Local Government Election and Rural Development Department (LGE&RDD Implementing Agency: Planning and Development Department V. FOR MORE INFORMATION CONTACT The World Bank 1818 H Street, NW Washington, D.C. 20433 Telephone: (202) 473-1000 Web: http://www.worldbank.org/projects VI. APPROVAL Task Team Leader(s): Akmal Minallah, Mohammad Farhanullah Sami, Anna Charlotte O'Donnell Apr 18, 2023 Page 14 of 15 The World Bank Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (P176780) Practice Manager (ENR/Social) Christophe Crepin Cleared on 24-Mar-2023 at 12:54:29 EDT Public Disclosure Apr 18, 2023 Page 15 of 15