Federal Republic of Nigeria/Federal Ministry of Water Resources and Sanitation Sustainable Power and Irrigation for Nigeria Project - P179684 For Negotiation ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) July 25th, 2024 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Federal Republic of Nigeria (hereinafter the Recipient) will implement the Sustainable Power and Irrigation for Nigeria Project (the Project), with the involvement of the Federal Ministry of Water Resources and Sanitation in collaboration with the Federal Ministry of Power, and the relevant Ministry at the State level , as set out in the Financing Agreement. The Association has agreed to provide financing for the Project, as set out in the referred agreement. 2. The Recipient shall ensure that the Project is carried out in accordance with the Environmental and Social Standards (ESSs) and this Environmental and Social Commitment Plan (ESCP), in a manner acceptable to the Association. The ESCP is a part of the Financing Agreement. Unless otherwise defined in this ESCP, capitalized terms used in this ESCP have the meanings ascribed to them in the referred agreement. 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 Federal Ministry of Water Resources and Sanitation and the Association agree to update the ESCP to reflect these changes through an exchange of letters signed between the Association and Federal Ministry of Finance. The Recipient shall promptly disclose the updated ESCP. 2|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Sustainable Power and Irrigation for Nigeria Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY MONITORING AND REPORTING A REGULAR REPORTING Submit quarterly reports to the Federal Ministry of Water Association throughout Project Resources and Sanitation Prepare and submit to the Association regular monitoring reports on the environmental, implementation, commencing after the (FMWRS) and the Project social, health and safety (ESHS) performance of the Project, including but not limited to Effective Date. Implementation Units the implementation of the ESCP, status of preparation and implementation of E&S (SPIUs) instruments required under the ESCP, stakeholder engagement activities, and Submit each report to the Association functioning of the grievance mechanism(s). Any design modifications or changes in scope no later than 14 days after the end of shall be made in consultation with the Association and reported to the Association. each reporting period. B INCIDENTS AND ACCIDENTS Notify the Association no later than 48 FMWRS and SPIUs Promptly notify the Association of any incident or accident related to the Project which hours (24 hours‘ notice for SEA/SH has, or is likely to have, a significant adverse effect on the environment, the affected incidents or accidents resulting in communities, the public or workers, including, inter alia, cases of sexual exploitation and fatalities or serious injuries) after abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or learning of the incident or accident. multiple injury. Provide subsequent report to the Provide sufficient detail regarding the scope, severity, and possible causes of the Association within a timeframe incident or accident, indicating immediate measures taken or that are planned to be acceptable to the Association. taken to address it, and any information provided by any contractor and/or supervising firm, as appropriate. Subsequently, at the Association’s request, prepare a report on the incident or accident and propose any measures to address it and prevent its recurrence. C CONTRACTORS’ MONTHLY REPORTS Submit the monthly reports to the FMWRS and the SPIU Require contractors and supervising firms to provide monthly monitoring reports on Association. Environmental and Social ESHS (incidents & supervision, Training conducted) performance in accordance with the teams metrics specified in the respective bidding documents and contracts and submit such reports to the Association. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE Maintain the E&S unit in the FPMU and FMWRS, SPIUs, RBDAs Maintain the Environmental and Social unit engaged under the Transforming Irrigation establish an E&S unit in the SPIUs as set Management in Nigeria (TRIMING) Project (P123112) including the one Environmental, out in the Financing Agreement. one Social and one GBV Officer in the Federal Project Management Unit (FPMU) for SPIN. 3|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Sustainable Power and Irrigation for Nigeria Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Establish and maintain Environmental and Social Units for the State Project The SPIU and RBDA Environmental, Implementation Units (SPIUs) that is tasked with ESHS management, with qualified staff Social and GBV/Gender Officers shall be and resources to support management of ESHS risks and impacts of the Project. Staff to fully deployed from the Ministry of include an Environmental Specialist, a Social Specialist, a Gender/GBV specialist, and a Environment and the Ministry of Security Focal Point for each SPIU. Women Affairs respectively no later than one month after the Effective Date, and thereafter shall be Establish and maintain Environmental and Social Units for the River Basin Development maintained throughout Project Agencies (RBDAs) that is tasked with ESHS management, with qualified staff and implementation. The Security Advisor resources to support management of ESHS risks and impacts of the Project. Staff to shall be hired no later than three include an Environmental Officer, a Social Officer, and a Gender/GBV Officer. months after the Effective Date and thereafter maintained throughout Project implementation. The Recipient shall, no later than three Engage one (1) Dam Safety Expert at the FPMU months (3) months after the Effective Date, establish and thereafter maintain throughout the implementation of the Project. 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT FMWRS and SPIUs 1. The ESMF was adopted and 1. Prepare, disclose, consult upon, adopt and implement an Environmental and disclosed in July 2024, and shall be Social Management Framework (ESMF) for the Project, consistent with the implemented throughout Project relevant ESSs. implementation. 2. Require participating states to undertake Environmental and Social Due Diligence 2. Prepare ESDD once the sub-projects (ESDD) for sub-projects using the Environmental and Social screening checklist to are known, and thereafter, develop identify risk category of each sub-project, as per procedure laid out in the Project the recommended instrument(s), ESMF and adopt measures to develop the appropriate Environmental and Social prior to the commencement of sub- instruments, all consistent with ESSs. projects. 3. Prepare, disclose, consult upon, adopt and implement an Environmental and 3. Adopt the ESIA, ESMP and ESAs Social Impact Assessment (ESIA), and corresponding Environmental and Social prior to rehabilitation works, and Management Plan (ESMP) for the rehabilitation works under the Project’s Parts thereafter implement the ESIA, 2 and 3, consistent with the relevant ESSs. ESMP and ESAs throughout Project implementation. 4|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Sustainable Power and Irrigation for Nigeria Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 4. Develop Terms of Reference (ToR) for the Due Diligence instruments for Part 1, 4. ToR for SESA to be finalized by FMWRS in collaboration namely Strategic Environmental and Social Assessment (SESA) for the Hydropower October 2024. Hydropower master with the Federal Ministry Master Plan (HMP) and ESIA(s) for individual projects identified in the HMP, acceptable plan to be developed 18 - 24 months of Power (FMP) through to the Association and consistent with ESSs. from Project effectiveness. the Federal Project Management Unit (FPMU) 5. Prepare, disclose, consult upon, adopt and implement the relevant Due Diligence 5. SESA to be developed within 18-24 instruments for Part 1 – including SESA and ESIA(s), acceptable to the Association and Environmental and Social months from effectiveness. ESIA consistent with ESSs. team will depend on the individual project identified. 1.3 MANAGEMENT OF CONTRACTORS As part of the preparation of FMWRS and SPIUs procurement documents and respective Incorporate the relevant aspects of the ESCP, including, inter alia, the relevant E&S contracts. instruments, the Labor Management Procedures, and code of conduct, into the ESHS Supervise contractors throughout specifications of the procurement documents and contracts with contractors and Project implementation. supervising firms. Thereafter ensure that the contractors and supervising firms comply and cause subcontractors to comply with the ESHS specifications of their respective contracts. 1.5 TECHNICAL ASSISTANCE Throughout Project implementation. FMWRS, FMP and SPIUs Ensure that the consultancies, studies (including feasibility studies for the Hydropower Where deemed relevant based on Master Plan), capacity building, training, and any other technical assistance activities capacity assessment at the state level, under the Project, are carried out in accordance with terms of reference acceptable to Technical Assistants shall be hired and the Association, that are consistent with the ESSs. Thereafter ensure that the outputs of engaged within one month after the such activities comply with the terms of reference. Effective Date. TAs at the state level shall be Additionally, where deemed relevant, based on capacity needs at the state level, maintained in the first year of Technical Assistants on Environmental and Social can be engaged, with terms of implementation and renewed if reference acceptable to the Association, that are consistent with the ESSs. required throughout Project implementation. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES The LMP was adopted and disclosed in FMWRS and SPIUs July 2024, and shall be implemented throughout Project implementation. 5|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Sustainable Power and Irrigation for Nigeria Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Prepare, disclose, consult upon, adopt and implement the Labor Management Procedures (LMP) for the Project, including, inter alia, provisions on working conditions, management of workers relationships, occupational health and safety (including personal protective equipment, and emergency preparedness and response), code of conduct (including relating to SEA and SH), forced labor, child labor, grievance arrangements for Project workers, and applicable requirements for contractors, subcontractors, and supervising firms. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Establish grievance mechanism prior FMWRS and the Participating Establish and operate a grievance mechanism for Project workers, as described in the engaging Project workers and States LMP and consistent with ESS2. thereafter maintain and operate it throughout Project implementation. 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES To be adopted prior to the FMWRS and SPIUs Require contractors to develop and implement OHS plan to maintain safe working commencement of relevant works and - Contractors environment and workplace. The OHS Plan will include emergency preparedness and implemented throughout response plan; training of project workers and remedies for occupational injuries death and disability and will follow the General Environment Health and Safety Guidelines (EHSG). ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLAN Adopt the WMP (as part of the FMWRS and SPIUs Adopt and implement a Waste Management Plan (WMP), as part of the ESIAs/ESMPs, to ESIAs/ESMPs), and thereafter manage hazardous and non-hazardous wastes, consistent with ESS3. implement the WMP throughout Project implementation. 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT FMWRS and SPIUs Incorporate resource efficiency and pollution prevention and management measures in As part of the ESIAs/ESMPs the ESIAs/ESMPs to be prepared under action 1.2 above. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY As part of the ESIAs/ESMPs FMWRS and SPIUs Incorporate measures to manage traffic and road safety risks as required in the ESMP to be prepared under action 1.2 above 4.2 COMMUNITY HEALTH AND SAFETY As part of the ESIAs/ESMPs FMWRS and SPIUs Assess and manage specific risks and impacts to the community arising from Project activities, including, behavior of Project workers, risks of labor influx, response to emergency situations], and include mitigation measures in the ESIAs, ESMPs to be prepared in accordance with the ESMF. 6|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Sustainable Power and Irrigation for Nigeria Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 4.3 SEA AND SH RISKS FMPU to prepare the SEA/SH Action FMWRS and SPIUs Plans and Accountability and Response Prepare, adopt and implement a SEA/SH Action Plans and associated Accountability & Framework before the Effective Date Response Framework to assess and manage the risks of SEA and SH. and thereafter FPMU and SPIUs implement throughout Project implementation. 4.4 SECURITY MANAGEMENT Prior to engaging security personnel FMWRS and SPIUs Assess and implement measures to manage the security risks of the Project, including and thereafter implemented the risks of engaging security personnel to safeguard project workers, sites, assets, and throughout Project implementation activities, as set out in the State-specific Security Management Plans, consistent with ESS4 and guided by the principles of proportionality and GIIP, and by applicable law, in relation to hiring, rules of conduct, training, equipping, and monitoring of such personnel. 4.5 INVOLVEMENT OF SECURITY PERSONNEL Carry out a, b), c), and d) before FMWRS and the Ensure the following measures are carried out before deploying the security personnel in deploying Security Personnel under the Participating States the implementation of Project activities for the provision of security to Project workers, Project and implement throughout sites and/or assets, consistent with the ESSs: Project implementation. a. Assess and implement measures to manage the security risks of engaging the e) and f) as set out under actions 10.1 Security Personnel as set out in the Security Management Plans, consistent with and 10.2 respectively. Notify the ESS4 and guided by the principles of proportionality and GIIP, and by applicable law, Association after receiving the concern in relation to screening, hiring, rules of conduct, training, equipping, and monitoring; or grievance in the timeframe specified in action B above. b. Adopt and implement standards, protocols, and codes of conduct for the selection and assignment of the Security Personnel to the Project, and screen such personnel [g) within the timeframes requested by to verify that they have not engaged in past unlawful or abusive behavior, including the Association sexual exploitation and abuse (SEA), sexual harassment (SH) or excessive use of force; c. Enter into a memorandum of understanding (MoU), with the line ministry in control of the Security Personnel, setting out the arrangements for the engagement of the Security Personnel in the Project, including the relevant actions and measures set out in this ESCP; 7|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Sustainable Power and Irrigation for Nigeria Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY d. Provide adequate instruction and training to the Security Personnel, prior to deployment and on a regular basis, on the use of force and appropriate conduct (including in relation to civilian-police engagement, SEA and SH, and other relevant areas, as set out in the Security Management Plan and MoU; e. Ensure that the stakeholder engagement activities under the Stakeholder Engagement Plan (SEP) include communication on the involvement of Security Personnel in the Project; f. Ensure that any concerns or grievances regarding the conduct of the NPF are received, monitored, and documented (taking into account the need to protect confidentiality) by the Project’s grievance mechanism (see action 10.2 below), which shall facilitate its resolution, in accordance with ESS4 and ESS10. Notify the Association after receiving the concern or grievance, as set out under action B above; and g. Where the Association so request in writing, after consultation with the Recipient: (i) promptly appoint a third- party monitor consultant, with terms of reference, qualifications and experience acceptable to the Association, to visit and monitor the Project area where Security Personnel are deployed, collect relevant data and communicate with Project stakeholders and beneficiaries; (ii) require the third-party monitor consultant to prepare and submit monitoring reports, which shall be promptly made available to and discussed with the Association; and (iii) promptly take any actions, as may be requested by the Association upon its review of the third-party monitor consultant reports. 4.6 DAM SAFETY (FOR ANNEX A, PARA. 5. ESS4) FMWRS 1. Engage qualified dam safety expert to develop dam safety measures for the dams and 1. The Recipient shall, no later than to supervise the implementation of the relevant remedial works, in accordance with three months (3) months after the good international industry practice, and thereafter adopt and implement such Effective Date, establish and measures. thereafter maintain throughout the implementation of the Project. 2. Establish and maintain an independent Dam Safety Review Panel (DSRP) with terms of reference and composition acceptable to the Association, for reviewing and 2. The recipient shall, not later than confirming the adequacy of the design of rehabilitation and safety improvement thirty (30) days before launching of works, quality of construction works, and other dam safety measures including dam bidding documents. safety plans. 8|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Sustainable Power and Irrigation for Nigeria Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 3. Prepare dam safety plans including: i) instrumentation plan, ii) operation and 3. Instrumentation Plan: Before bid maintenance plan, and iii) emergency preparedness plan. Ensure that these tendering plans are adopted and implemented consistent with ESS4. Operation & Maintenance Plan: Not later than six months before rehabilitation works are completed Emergency Preparedness Plan: Not later than six months before rehabilitation works are completed. 4. Prepare and adopt national dam safety guidelines and protocols 4. Before starting any dam rehabilitation works. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT POLICY FRAMEWORK The RPF was adopted and disclosed in FMWR Sand SPIUs Prepare, disclose, consult upon, adopt and implement a Resettlement Policy Framework July 2024, and shall be implemented (RPF) for the Project, consistent with ESS5. throughout Project implementation. 5.2 RESETTLEMENT PLANS Adopt and implement the respective FMWRS and SPIUs RAP and/or LRP prior to the Prepare, disclose, consult upon, adopt and implement a Resettlement Action Plan (RAP) commencement of relevant civil works, and/or Livelihood Restoration Plan (LRP) for each activity under the Project (including if including ensuring that before taking relevant for the Hydropower Plan) for which the RPF requires such RAP and/or LRP, and consistent with ESS5. possession of the land and related assets, full compensation has been provided and displaced people have been resettled and moving allowances have been provided. 5.3 GRIEVANCE MECHANISM Adopt and implement the grievance FMWRS and SPIUs Adopt and implement a grievance mechanism to address resettlement related mechanism prior to commencement of complaints, as described in the RPF, SEP and RAP. resettlement activities ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS As part of the ESIAs/ESMPs FMWRS and SPIUs If needed, and based on ESIA/ESMP findings, adopt and implement a Biodiversity Management Plan (BMP) as part of the ESIAs/ESMPs in accordance with the guidelines 9|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Sustainable Power and Irrigation for Nigeria Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY of the ESMF prepared for the Project, and consistent with ESS6 specially for damsites close to conservation areas ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES: Not Applicable ESS 8: CULTURAL HERITAGE 8.1 CULTURAL HERITAGE RISKS AND IMPACTS As part of the ESIAs/ESMPs FMWRS and SPIUs If needed, and based on ESIA/ESMP findings, adopt and implement a Cultural Heritage Management Plan (CHMP) as part of the ESIAs and ESMPs that would be prepared in accordance with the guidelines of the ESMF prepared for the Project, and consistent with ESS8. 8.2 CHANCE FINDS As part of the ESIAs/ESMPs. Implement FMWRS and SPIUs Describe and implement the chance finds procedures as part of the ESMF and the procedures prior to rehabilitation, ESIAs/ESMPs of the Project. and thereafter throughout Project implementation. ESS 9: FINANCIAL INTERMEDIARIES: Not Applicable ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION The SEP was adopted and disclosed in FMWRS and SPIUs Prepare, disclose, consult upon, adopt and implement a Stakeholder Engagement Plan July 2024, and shall be implemented (SEP) for the Project, consistent with ESS10, which shall include measures to, inter alia, throughout Project implementation. provide stakeholders with timely, relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination and intimidation. 10.2 PROJECT GRIEVANCE MECHANISM Establish the grievance mechanism no FMWRS and SPIUs Establish, publicize, maintain, and operate an accessible grievance mechanism, to later than three (3) months after the receive and facilitate resolution of concerns and grievances in relation to the Project, Effective date and thereafter maintain promptly and effectively, in a transparent manner that is culturally appropriate and and operate the mechanism throughout readily accessible to all Project-affected parties, at no cost and without retribution, Project implementation. including concerns and grievances filed anonymously, in a manner consistent with While the operationalization of the ESS10. Project level GRM is pending, complaints will be submitted through The grievance mechanism shall be equipped to receive, register, and facilitate the the FMWRS existing complaints resolution of SEA/SH complaints, including through the referral of survivors to relevant channels such as SERVICOM. gender-based violence service providers, all in a safe, confidential, and survivor-centered manner. CAPACITY SUPPORT 10 | P a g e ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Sustainable Power and Irrigation for Nigeria Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY CS1 • Training of Project team on the Association procurement processes and ESF for During project implementation FMWRS and SPIUs project workers. • ESF Capacity building • Specific aspects of social risk management, including GBV SEA/SH risks, resettlement planning, voluntary land donation, stakeholder engagement; impacts and mitigation measures for FPMU and PIU teams. • Implementation of Grievance Redress Mechanism • How to conduct stakeholder engagement • Occupational Health and safety at work and civil works • Addressing SEA/SH issues in World Bank financed Projects • Security Protocol and Management • Addressing E&S requirement in Community Driven Development projects • Community health and safety) Communities (construction stage impacts, safety provisions, OHS guidelines) CS2 • Occupational Health and safety at work and civil works During project implementation FMWRS and SPIUs • Emergency prevention and preparedness and response Strategy • Security Management Strategies 11 | P a g e