Chittagong Port Authority (CPA) Bay Terminal Project (P176812) [Draft] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) WORKING DRA FT [May 13, 2024] 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Government of Bangladesh (the Borrower) will implement the Bay Terminal Project (the Project), with the involvement of the Chittagong Port Authority (CPA), as set out in the Loan Agreement. The International Development Association (the Bank) has agreed to provide financing for the Project, as set out in the referred agreement. 2. The Borrower 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 Bank. The ESCP is a part of the Loan Agreement. Unless otherwise defined in this ESCP, capitalized terms used in this ESCP have the meanings ascribed to them in the referred agreement. 3. Without limitation to the foregoing, this ESCP sets out material measures and actions that the Borrower 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 Bank. Once adopted, said E&S instruments may be revised from time to time with prior written agreement by the Bank. 4. As agreed by the Bank and the Borrower, 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 Borrower, through CPA, and the Bank agree to update the ESCP to reflect these changes through an exchange of letters signed between the Bank WORKING DRA FT and the Chairman of the CPA. The Borrower shall promptly disclose the updated ESCP. 2|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Bay terminal project (P176812) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY MONITORING AND REPORTING A REGULAR REPORTING Prepare and submit to the Bank regular monitoring reports on the environmental, social, Submit six monthly reports to the Bank health and safety (ESHS) performance of the Project, including but not limited to the throughout Project implementation, CPA implementation of the ESCP, status of preparation and implementation of E&S commencing after the Effective Date. instruments required under the ESCP, stakeholder engagement activities, and Submit each report to the Bank no later functioning of the grievance mechanism(s). The monitoring report will cover the entire than 45 days after the end of each project including the activities not funded by the Bank. reporting period. B INCIDENTS AND ACCIDENTS Promptly notify the Bank of any incident or accident related to the Project which has, or Notify the Bank no later than 48 hours is likely to have, a significant adverse effect on the environment, the affected after learning of the incident or CPA 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 appropriate. Subsequently, at the Bank’s request, prepare a report on the incident or accident and WORKING DRA FT Provide subsequent reports to the Bank propose any measures to address it and prevent its recurrence. within a timeframe acceptable to the Bank. C CONTRACTORS’ QUARTERLY REPORTS Require contractors and supervising firms to provide quarterly monitoring reports on ESHS performance in accordance with the metrics specified in the respective bidding Submit six monthly reports to the Bank CPA documents and contracts, and submit such reports to the Bank. upon request. D NOTIFICATIONS RELATING TO DAAB COMPLIANCE REVIEW OF CONTRACTOR COMPLIANCE WITH SEA/SH PREVENTION AND RESPONSE OBLIGATIONS Notify the Bank of any referral submitted to the Dispute Avoidance and Adjudication No later than 7 working days after the CPA Board (DAAB) to initiate a process of compliance review in relation to a contractor’s issuance or receipt, as applicable, of the obligations to prevent and respond to sexual exploitation and abuse (SEA), and/or sexual relevant document (i.e., referral to the harassment (SH) specified in the respective works contract with such contractor; and, in DAAB, issuance of DAAB decision, the event of any such referral, notify the Bank of: (i) the DAAB’s decision on such Notice of Dissatisfaction, notice of referral; (ii) the contractor’s Notice of Dissatisfaction, if any, with such DAAB decision; commencement of emergency/full (iii) any notification received on the commencement of an emergency arbitration arbitration, emergency/full arbitration proceeding or full arbitration proceeding in relation to the DAAB’s decision; and (iv) the order, as applicable). resulting emergency arbitration order and/or full arbitration order, if any. 3|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Bay terminal project (P176812) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE a) Establish and maintain an Environmental and Social Cell (ES Cell) within the a) Establish ES Cell with qualified CPA Project Implementation Unit (PIU) under CPA, with qualified staff and resources to staff and consultants before initiating support the management of ESHS, labor, pollution management, land acquisition, any physical work under the Project and biodiversity, cultural heritage, and stakeholder engagement risks and impacts of the maintain it throughout the Project Project, including environmental and social experts. The structure of the ES Cell will be period. agreed upon based on the CPU’s institutional assessment of E&S risk management. b) Engage a qualified Environmental and Social Supervision and Monitoring b) Hire the firm before initiating CPA Consultant Firm for supervision, monitoring, and reporting of the different any physical work of the project and environmental and social management plans and preparing corrective action plans for maintain it throughout the project each component (i.e., land reclamation, breakwater, dredging of access channels, period. terminals, access road, rail connections, different utility facilities, etc.) of the projects based on an agreed Terms of Reference (ToR) of the firm. 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS a) Carry out supplementary studies, consult, disclose, and finalize the a) At the detailed design phase of CPA Environmental and Social Impact Assessment (ESIA), and corresponding Environmental the Project before initiating the bidding and Social Management Plans (ESMPs) for the Project following the indicative Terms of WORKING DRA FT process. References (ToR) attached in the Annex-1 of the Preliminary ESIA, and, consistent with the relevant ESSs and in a manner acceptable to the Bank. b) Adopt, allocate adequate resources, and implement the EMSPs for the Project, b) Finalize the ESMPs before CPA consistent with the relevant ESSs. launching the bidding process for any physical works and adopt them before the start of any physical work. Once adopted, implement the respective ESMP throughout Project implementation. 1.3 MANAGEMENT OF CONTRACTORS Incorporate the relevant aspects of the ESCP, including, inter alia, the relevant E&S As part of the preparation of CPA instruments, the Labor Management Procedures, and the code of conduct, into the ESHS procurement documents and respective specifications of the procurement documents and contracts with contractors and contracts. Supervise contractors (and supervising firms. Thereafter ensure that the contractors and supervising firms comply the subcontractors) throughout Project and cause subcontractors to comply with the ESHS specifications of their respective implementation. contracts. 4|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Bay terminal project (P176812) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 1.4 CONTINGENT EMERGENCY RESPONSE FINANCING a) Ensure that the CERC Manual includes a description of the ESHS assessment and a) The adoption of the CERC a) CPA and Agencies management arrangements [including, CERC-ESMF that will be included in the CERC manual and CERC-ESMF in form and to be assigned for CERC Manual] for the implementation of the CERC component (Component 3) in substance acceptable to the World Bank Activities accordance with the ESSs. is a withdrawal condition under Section E of Schedule 2 of the Financing Agreement for the Project. b) Adopt any environmental and social (E&S) instruments that may be required for b) Adopt any required E&S b) CPA and Agencies activities under the CERC component of the Project, in accordance with the CERC instrument and include it as part of the to be assigned for CERC Manual and CERC-ESMF and the ESSs, and thereafter implement the measures and respective bidding process, if applicable, Activities actions required under said E&S instruments, within the timeframes specified in said and in any case, before the carrying out E&S instruments. 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. WORKING DRA FT 1.5 ASSOCIATED FACILITIES Ensure the activities in the Associated Facilities (including the multipurpose terminal, Same timeframe as for the preparation, CPA container terminal, and road and rail connectors) are carried out in accordance with the adoption, and implementation of the applicable requirements of this ESCP and the ESSs and following the project ESIA and different instruments under action ESMPs (action item 1.2), Labor Management Procedures (LMP) (action item 2.1), items 1.2, 2.1, 5.1, and 10.1. Resettlement Action Plan (RAP) (action item 5.1), and Stakeholder Engagement Plan (SEP) (action item 10.1). ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Prepare, consult, disclose, finalize, adopt, and implement LMP for the Project, including, inter alia, provisions on working conditions, management of workers' relationships, Finalize and adopt the LMP no later CPA occupational health and safety (including personal protective equipment, and emergency than ninety (90) days after Board preparedness and response), code of conduct (including relating to SEA and SH), forced Approval or before hiring workers, and labor, child labor, grievance arrangements for Project workers, and applicable thereafter implement the LMP requirements for contractors, subcontractors, and supervising firms in a manner throughout Project implementation. acceptable to the Bank. 5|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Bay terminal project (P176812) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Establish and operate a grievance mechanism for Project workers, as described in the Establish a grievance mechanism prior CPA LMP and consistent with ESS2. to engaging Project Workers and no later than ninety (90) days after Board Approval, and thereafter maintain and operate it throughout Project implementation. 2.3 OCCUPATIONAL HEALTH AND SAFETY PLAN Adopt and implement an Occupational Health and Safety (OHS) Plan as part of the ESMP The same timeframe as for the CPA to ensure workplace health and safety, consistent with ESS2. preparation, adoption, and implementation of the ESMP, under action 1.2b. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLAN Adopt and implement a Waste Management Plan (WMP) as part of the ESMP with The same timeframe as for the CPA specific actions on solid waste and wastewater, to manage hazardous and non- preparation, adoption, and hazardous wastes, consistent with ESS3. implementation of the ESMP, under WORKING DRA FT actions 1.2b. 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT Incorporate resource efficiency and pollution prevention and management measures in The same timeframe as for the CPA the following plans as part of the ESMP under action 1.2b above and implement those preparation, adoption, and plans, consistent with ESS3. implementation of the ESMP, under  Noise and Air Emissions Management Plan actions 1.2a, and 1.2b.  Water Quality Management Plan  Spill Prevention and Control Plan  Dredging and Dredge Disposal Management Plan  Water and Energy Consumption Management Plan  Ballast Water Management Plan  Waste Management Plan (Solid Waste Management and Wastewater) ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY PLAN Incorporate measures to manage traffic and road safety risks as required in the Traffic The same timeframe as for the CPA and Road Safety Plan to be prepared as part of the ESMP under action 1.2a above and preparation, adoption, and implement the plan, consistent with ESS4. implementation of the ESMP, under actions 1.2a, and 1.2b. 6|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Bay terminal project (P176812) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 4.2 COMMUNITY HEALTH AND SAFETY PLAN Assess specific risks and impacts to the community, including, inter alia, the behavior of The same timeframe as for the CPA Project workers, risks of labor influx, child labor, and response to emergencies, and preparation, adoption, and include mitigation measures in the Community Health and Safety Plan as part of the implementation of the ESMP, under ESMP under action 1.2b and implement the plan, consistent with ESS4. actions 1.2a, and 1.2b. 4.3 SEXUAL EXPLOITATION AND ABUSE AND SEXUAL HARASSMENT (SEA/SH) RISKS Assess the risks of sexual exploitation and abuse and sexual harassment (SEA/SH), and Finalize and adopt the SEA/SH Action CPA prepare, adopt, and implement a SEA/SH Action Plan including prevention and response Plan no later than 90 days of the measures, proportionate to the risks of the Project, ensure availability of a list of services Effective Date, and thereafter for victims of SEA/SH, code of conduct for future workers, as part of the ESMP. implement the SEA/SH Action Plan throughout Project implementation. 4.4 SECURITY MANAGEMENT Assess and implement measures to manage the security risks of the Project in the form The same timeframe as for the CPA of a Security Risks Assessment that includes the risks of engaging security personnel to preparation, adoption, and safeguard Project workers, sites, assets, and activities, and include measures to manage implementation of the ESMP, under such risks as set out in the Security Management Plan to be incorporated as part of the WORKING DRA FT actions 1.2a, and 1.2b. ESMP, guided by the principles of proportionality and Good International Industry Practice (GIIP), and by applicable law, in relation to hiring, rules of conduct, training, equipping, and monitoring of such personnel. 4.5 UNIVERSAL ACCESS Where technically and financially feasible, incorporate the concept of universal access in To be incorporated during the detailed CPA civil work designs developed under the Project. design of the project activities based on technical and financial feasibility. 4.6 EMERGENCY PREPAREDNESS AND RESPONSE PLAN Assess the risk associated with emergencies such as natural hazards, technological The same timeframe as for the CPA accidents, port security threats, or other disrupting incidents, and include measures to preparation, adoption, and manage such risks in the emergency preparedness and response plan under ESMP and implementation of the ESMP, under implement the plan. actions 1.2a, and 1.2b. 7|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Bay terminal project (P176812) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT PLANS a) Prepare a resettlement action plan (RAP) including a Livelihood Restoration Plan a) Finalize and adopt the RAP/LRP no CPA (LRP) for the Project, consistent with ESS5. later than (90) ninetydays after the Effective Date, and thereafter implement these plans throughout Project implementation. b) The RAP shall include corrective actions from the Due Diligence Report (DDR) b) DDR proposed measures CPA including mitigation measures to retrofit any land already acquired consistent with incorporated into the RAP, to be ESS5. finalized as timeframe above, and implemented throughout Project implementation. 5.2 GRIEVANCE MECHANISM Establish and implement a grievance mechanism (GM) to address resettlement-related Same timeframe as for the RAP CPA complaints as described in the RAPs and in the SEP. WORKING DRA FT described under activity 5.1. 5.3 RAP IMPLEMENTATION VERIFICATION Hire an Independent Firm to conduct a RAP Implementation Verification Report. Three years after the Effective Date. CPA ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS Adopt and implement a Biodiversity Management Plan (BMP) including required The same timeframe as for the CPA compensation measures and periodic monitoring as part of the ESMP, in accordance preparation, adoption, and with the ESIA and Critical Habitat Assessment (CHA) prepared for the Project, and implementation of the ESMP, under consistent with ESS6. actions 1.2a, and 1.2b. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 SMALL ETHNIC COMMUNITIES a) Include within the ToR of the supplementary studies described under action 1.2a The same timeframe as for the CPA mitigation measures consistent with ESS 7 in the form of a Small Ethnic preparation of the ESMP, under action Communities Planning Framework (SECPF). 1.2a. b) Adopt and implement as part of the ESMP specific mitigation measures as required 8|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Bay terminal project (P176812) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY under the SECPF in the form a Small Ethnic Communities Plan (SECP) for each activity under the Project for which the ESIA requires such a SECP, consistent with The same timeframe as for the CPA ESS7. preparation, adoption, and implementation of the ESMP, under actions 1.2a, and 1.2b. ESS 8: CULTURAL HERITAGE 8.1 CULTURAL HERITAGE RISKS AND IMPACTS Prepare a Cultural Heritage Management Plan (CHMP) as part of the ESMP, as relevant, The same timeframe as for the CPA and consistent with ESS8, and implement it. preparation, adoption, and implementation of the ESMP, under actions 1.2a, and 1.2b. 8.2 CHANCEFINDS Include the Chance Find Procedures as part of the as part of ESMP, as relevant, and The same timeframe as for the CPA consistent with ESS8, and implement those actions. preparation, adoption, and implementation of the ESMP, under actions 1.2a, and 1.2b. ESS 9: FINANCIAL INTERMEDIARIES WORKING DRA FT ESS9 is NOT currently relevant. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION Adopt and implement a Stakeholder Engagement Plan (SEP) for the Project, consistent Adopt the SEP prior to undertaking any CPA with ESS10, which shall include measures to, inter alia, provide stakeholders with timely, physical works and thereafter relevant, understandable, and accessible information, and consult with them in a implement the SEP throughout Project culturally appropriate manner, which is free of manipulation, interference, coercion, implementation. discrimination, and intimidation. 10.2 PROJECT GRIEVANCE MECHANISM Establish, publicize, maintain, and operate an accessible grievance mechanism, to Establish the grievance mechanism CPA receive and facilitate the resolution of concerns and grievances in relation to the Project, prior to undertaking any physical works. promptly and effectively, 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. 9|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Bay terminal project (P176812) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY CAPACITY SUPPORT CS1 Develop and implement an Environmental and Social Training Plan (ESTP) acceptable to The first year ESTP shall be submitted to CPA the Bank to ensure the required capacity for environmental and social implementation the Bank as early as possible, butno of the Project. The plan shall include a schedule, budget, goals, and indicators. The later than ninety (90) days after the training shall be focused on project workers, contractors, and community-based Effective Date. organizations. The plan shall include the following topics: Training will be provided by the Project CPA  Applicable Environmental and Social Standards E&S Supervision and Monitoring  Project Environmental and Social Management Instruments Consultant, in accordance with an  World Bank Group Environmental Health and Safety Guidelines agreed timeline as per the ESTP.  Stakeholder Engagement and Grievance Redress Mechanism and Management  Stakeholders mapping and engagement  Community and worker health and safety  Gender Based Violence (GBV) Risk Mitigation  Integrated ESMP supervision, monitoring, reporting, and taking corrective actions CS2 Develop and implement training for Project workers on occupational health and safety Develop the plan before initiating any CPA including on emergency prevention and preparedness and response arrangements to WORKING DRA FT bidding process and implement the plan emergency situations. throughout the project implementation. 10 | P a g e