FSM PROPER – Environmental and Social Commitment Plan (ESCP) Draft Federated States of Micronesia Pacific Island Regional Oceanscape Program Second Phase for Economic Recovery and Resilience (PROPER) (P178237) DRAFT ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) July 2024 1|Page FSM PROPER – Environmental and Social Commitment Plan (ESCP) Draft ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Federated States of Micronesia (the Recipient) will implement the Pacific Islands Regional Oceanscape Program Second Phase for Economic Recovery and Resilience (the Project), with the involvement of the National Oceanic Resource Management Authority (NORMA), Department of Health and Social Affairs, the Department of Resources and Development, the Department of Environment, Climate, and Emergency Management, and the Department of Finance and Administration, as set out in the Financing Agreement. The International Development Association (the Association) has agreed to provide financing (P178237) for the Project, as set out in the referred agreement(s). 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(s). 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 may be revised from time to time if necessary, during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to Project performance. In such circumstances, the Recipient through the Executive Director of NORMA and the Association agree to update the ESCP to reflect these changes through an exchange of letters signed between the Association and NORMA. The Recipient shall promptly disclose the updated ESCP. 2|Page RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY MONITORING AND REPORTING A REGULAR REPORTING Prepare and submit to the Association regular monitoring reports on Submit six-monthly progress reports to the Project the environmental, social, health and safety (ESHS) performance of Association throughout Project implementation, Implementation Unit the Project, including but not limited to the implementation of the commencing after the Effective Date. Submit each (PIU), supported by ESCP, status of preparation and implementation of E&S instruments report to the Association no later than 30 calendar Centralized required under the ESCP, stakeholder engagement activities, and days after the end of each reporting period. Implementation Unit functioning of the grievance mechanism(s). (CIU) as required B INCIDENTS AND ACCIDENTS Promptly notify the Association of any incident or accident related to Notify the Association within 48 hours after PIU, supported by CIU the Project which has, or is likely to have, a significant adverse effect learning of the incident or accident. as required on the environment, the affected communities, the public or workers, including, inter alia, cases of sexual exploitation and abuse (SEA), A preliminary report on action taken will be sexual harassment (SH), violence against children (VAC) and provided within 7 days after learning of the incident accidents that result in death, serious or multiple injury. Provide or accident. 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 Subsequently, a detailed report including by any contractor and/or supervising firm, as appropriate. corrective measures will be provided to the Association within 30 days after learning of the incident or accident. Other reports will be provided Subsequently, at the Association’s request, prepare reports on the to the Association, as requested. incident or accident and propose any measures to address it and prevent its recurrence. For SEA/SH incidents related to the Project, provide basic facts such as the age, sex, type of alleged SEA/SH, if All incidents and accidents will be reflected in the the alleged perpetrator was attached to the project and whether the six-monthly reports to the Association. survivor was referred to GBV support services, with no specific detail information that would reveal the identity of the survivor. All SEA/SH/VAC incident reports will be anonymized to the extent possible. C CONTRACTORS’ MONTHLY REPORTS Require contractors and supervising firms (if applicable) to provide Submit the monthly reports to the as annexes to PIU monthly monitoring reports on ESHS performance in accordance with the six-monthly progress reports to be submitted the metrics specified in the respective bidding documents and under action A above. contracts and submit such reports to the Association. Upon request, submit the monthly reports to the Association within five (5) working days of receiving the report from the contractor. 3|Page RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE 1. Maintain a Project Implementation Unit (PIU) with qualified staff 1.1 The PIU Project Manager and the Project PIU, supported by CIU and resources to support the management of ESHS risks and Officer will be maintained throughout Project as required impacts of the Project, including an E&S Officer. implementation. 1.2 The PIU E&S Officer shall be recruited no later than 6 months after the Effective Date, and maintained throughout Project implementation. 2. Additional and ongoing technical E&S management and support 2. The CIU organizational structure and E&S staff shall be provided by the CIU. The CIU E&S staffing shall be maintained throughout Project arrangement, including an International Environment Specialist, implementation. an International Social Specialist, and a local E&S Coordinator, shall be maintained. 3. The PIU State Coordinators shall support the E&S Officer to 3. PIU State Coordinators shall be recruited no conduct outreach and engagement with stakeholders and later than 6 months after Effective Date, and community members, including in relation to activities under maintained throughout Project Part 2.2 of the Project. implementation. 4. The PIU E&S Officer shall be the Project focal point for the 4. Once established, the GRM focal point and the management of the Grievance Redress Mechanism (GRM) with state contact points shall be maintained four PIU State Coordinators as contact points for each state. throughout Project implementation. 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS 1. Adopt and implement the Labor Management Procedure (LMP). 1. Adopt the LMP from the Effective Date and PIU, supported by CIU implement throughout Project as required implementation. 2. Update the LMP, and the concept-stage Stakeholder Engagement 2.1 Submit updated SEP, ESMP and LMP to the Plan (SEP) and Environmental and Social Management Plan Association for review and approval, within 6 (ESMP), to manage the ESHS risks and impacts of the Project months after the Effective Date. activities, consistent with the relevant ESSs, including specifying 2.2 Adopt the updated SEP, ESMP and LMP prior to the requirements for Contractor Environmental and Social commencement of procurement for civil works Management Plans (CESMPs). The draft SEP, ESMP, and LMP shall activities, and thereafter implement them be submitted to the Association for review and approval prior to throughout Project implementation. disclosure, consultation and finalization. Once finalized, adopt and implement the SEP, ESMP and LMP. 4|Page RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY 3. Complete a draft Environmental and Social Impact Assessment 3.1 Submit the draft ESIA to the Association for (ESIA) for activities under Part 2.2(a) and (b) of the Project, review and approval within 3 years after the consistent with the relevant ESSs and in accordance with ToRs Effective Date. acceptable to the Association. The draft ESIA shall be submitted 3.2 Finalize and adopt the ESIA prior to to the Association for review and approval prior to disclosure, commencing procurement activities for Parts consultation and finalization. Once finalized, adopt and implement 2.2(a) and (b) of the Project and thereafter the ESIA in accordance with the relevant ESSs, the implement the ESIA throughout Project Environmental, Health and Safety Guidelines (EHSGs), and other implementation. relevant Good International Industry Practice (GIIP), including relevant Forum Fisheries Association guidelines. 1.3 MANAGEMENT OF CONTRACTORS 1. Incorporate the relevant aspects of the ESCP, including, inter alia, 1.1 Incorporate relevant E&S aspects in the PIU, supported by CIU the relevant ESMP provisions and other E&S instruments, and the preparation of procurement documents and as required LMP, including a code of conduct, into the ESHS specifications of respective contracts, prior to commencing the procurement documents and contracts with contractors and bidding processes. supervising firms. Thereafter ensure that the contractor/s and 1.2 Supervise contractors throughout Project supervising firm/s comply and cause subcontractors to comply implementation. with the ESHS specifications of their respective contracts. 2. Require contractors to prepare, adopt and implement a CESMP 2. CESMPs are to be prepared by the respective including labor management, detailing the methods to comply Contractor, submitted to the Association for with the Project’s E&S instruments including the ESMP, ESIA and review and approval, disclosed prior to LMP (as relevant). CESMPs shall be consistent with the relevant commencement of civil works, and thereafter template provided in the ESMP and otherwise in accordance with implemented throughout implementation of the ESMP and acceptable to the Association. the respective Project activities. 3. Require contractors to sign and implement the CESMP Contractors 3. CoCs to be signed prior to the Code of Conduct (CoC) and require the contractor’s workers to commencement of works and implemented sign and comply with the CESMP individual CoC. throughout Project implementation. 1.4 TECHNICAL ASSISTANCE Ensure that any consultancies, studies (including feasibility studies), Throughout Project implementation. PIU, supported by CIU capacity building, training, and any other technical assistance as required activities under the Project are carried out in accordance with terms of reference acceptable to the Association, that are consistent with the ESSs, and Project instruments including inter alia: a) Environmental and Social Management Plan (ESMP) b) Stakeholder Engagement Plan (SEP). c) Labor Management Procedure (LMP). 5|Page RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY Thereafter ensure that the outputs of such activities comply with the terms of reference. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURE Update, disclose, consult, adopt and implement the LMP for the Time frame as noted in 1.2 above for the adoption PIU, supported by CIU Project, including, inter alia, provisions on working conditions, and implementation of the LMP. Thereafter as required management of workers relationships, CoC (including relating to SEA, implement the LMP throughout Project SH, and VAC, forced labor, child labor), grievance arrangements for implementation. Project workers, and applicable requirements for contractors, subcontractors, and supervising firms. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Establish, maintain and operate a grievance redress mechanism for Establish a Grievance Redress Mechanism (GRM) PIU, supported by CIU Project workers, as described in the LMP and consistent with ESS2. for Project Workers prior to engaging Project as required workers and thereafter maintain and operate it throughout Project implementation. 2.3 OCCUPATIONAL HEALTH AND SAFETY MEASURES (ESMP and LMP) 1. Prepare, adopt and implement occupational, health and safety 1. OHS measures to be prepared and finalized in PIU, supported by CIU (OHS) measures (including personal protective equipment, and the amended ESMP and ESIA prior to the as required emergency preparedness and response) in the ESMP and ESIA. finalization of relevant procurement documents. 2. Ensure OHS measures are included in Contractor’s bid documents 2. OHS measures to be incorporated into CESMPs as specified in the ESMP and LMP. which are submitted for Association review and approval prior to commencement of works. 3. Thereafter ensure that the contractors and supervising firms 3. Supervision of Contractors to be carried out comply and ensure subcontractors to comply with the OHS throughout Project implementation. specifications of their respective contracts. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLAN Time frame as noted in 1.2 and 1.3 above for the PIU, supported by CIU adoption and implementation of the ESIA and the as required CESMPs respectively. Thereafter implement throughout Project implementation. 6|Page RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY Prepare site specific Waste Management Plans and/or procedures as Required permits, consents or authorizations to be part of the ESIA and CESMPs to be developed under action 1.2 above obtained prior to the transport of any hazardous in accordance with the ESMP and consistent with ESS3, to manage waste. hazardous and non-hazardous wastes. Waste Management Plans and procedures shall be consistent with applicable international law requirements, including the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and the Stockholm Convention on Persistent Organic Pollutants, as relevant. Where National or international laws require permits for the transport of waste, the Recipient shall obtain such permit, consent, and authorizations from the relevant national authorities prior to transporting the waste. 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT Incorporate resource efficiency and pollution prevention and Time frame as noted in 1.2 and 1.3 above for the PIU, supported by CIU management measures in the ESMP, ESIA and CESMPs to be adoption and implementation of the ESIA and as required prepared under action 1.2 above. CESMPs respectively. Thereafter implement throughout Project implementation. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY Adopt and implement measures and actions to assess and manage Time frame as noted in 1.2 and 1.3 above for the PIU, supported by CIU traffic and road safety risks as required in the ESMP, ESIA and adoption and implementation of the ESIA and as required associated instruments, to be developed under action 1.2 above and CESMPs respectively. Thereafter implement included in the CESMPs. Thereafter implement the measures in throughout Project implementation. accordance with the ESMP, ESIA and CESMP requirements. 4.2 COMMUNITY HEALTH AND SAFETY Assess and manage specific risks and impacts to the community Time frame as noted in 1.2 and 1.3 above for the PIU, supported by CIU arising from Project activities, including inter alia, infrastructure and adoption and implementation of the ESIA and as required equipment design and safety, universal access, community exposure CESMPs respectively. Thereafter implement to health issues, management and safety of hazardous materials, throughout Project implementation. response to emergency situations, behavior of Project workers, SEA/SH/VAC, and risks of labor influx; and include mitigation measures in the ESMP, ESIA and CESMPs, including CoC. 4.3 SEA AND SH RISKS Adopt and implement a SEA/SH Action Plan as part of the ESMP, to PIU, supported by CIU assess and manage the risks of SEA and SH. Adopt the SEA/SH Action Plan as part of the as required updated ESMP in accordance with the timeframe 7|Page RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY set out in 1.2 above. Thereafter implement throughout Project implementation. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 ASSESSMENT OF IMPACTS OR RESTRICTIONS ON LAND USE 1. Screen each subcomponent and its activities to assess likely 1. Time frame as noted in 1.2 and 1.3 above for impacts related to land and land access in accordance with ESS5 the adoption and implementation of the ESMP PIU, supported by CIU and guidance provided in the ESMP. and ESIA respectively. as required 2. Once Project site locations are known, prepare, adopt and 2.1 Screening of activities and preparation of implement a Land Due Diligence and Access Plan (LDDAP) for relevant LDDAP to be completed and Project activities which require such a plan, in accordance with disclosed for public consultation, then the ESMP. The assessment will include: finalized and adopted prior to procurement (i) guidance on design and siting of works to avoid and for the relevant civil works activities and mitigate impacts on land access or displacement; implemented throughout the Project. (ii) due diligence on land that will be used and accessed for 2.2 All lease arrangements must be in place prior the Project activities; to procurement for civil works activities. (iii) confirmation of lease arrangements including pricing, 2.3 All transitional access arrangements must be terms, and transitional arrangements for Project- in place prior to commencement of any supported facilities; construction works. (iv) confirmation of voluntary land access arrangements; (v) identification of individuals who may have their access to land restricted as a result of project activities and whether these impacts can be avoided or mitigated. 3. In the event that physical or economic displacement is required, 3. If required, RAP to be completed and prepare a Resettlement Action Plan (RAP) consistent with the disclosed and any compensation or livelihood updated ESMP and ESS5 and submit to the Association for support to be provided prior to the review and approval prior to disclosure, consultation and commencement of any construction works. finalization. Once finalized, adopt and implement the resettlement plan. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS Prepare, adopt and implement screening and assessment measures Time frame as noted in 1.2 and 1.3 above for the PIU, supported by CIU for biodiversity and natural ecological habitat impacts as part of the adoption and implementation of the ESMP and as required ESMP and ESIA. Based on findings, prepare, adopt and implement ESIA respectively and thereafter implement CESMPs as required and provide appropriate mitigation measures to throughout Project implementation. address biodiversity risks and consistent with the ESMP or ESIA as relevant, and ESS6. 8|Page RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY The Project shall not use material sourced from: (i) coral rock below highest astronomical tide, or (ii) coastal and/or lagoon mining within the Federated States of Micronesia, except where the source is licenced, demonstrated to be sustainable, and is consistent with the ESSs, all to the satisfaction of the Association. ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS Describe and implement the chance finds procedures, as part of the Same time frame as for the adoption and PIU, supported by CIU CESMPs in accordance with the ESMP and ESIA. The ESMP, and implementation of the CESMP and thereafter as required CESMP and ESIA as required, will also cover any items of implement throughout Project implementation. unexploded ordnance (UXO) as a precautionary measure. In the unlikely event that UXO is encountered on any worksite associated with the Project, the Recipient will remove it in accordance with: (i) the applicable laws and regulations; and (ii) the ESMP. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION PIU, supported by CIU 1. Update, disclose, consult, adopt and implement a Stakeholder 1.1 Update, disclose, consult and adopt the SEP as required Engagement Plan (SEP) consistent with ESS10, which shall in accordance with the timeframe set out in include measures to, inter alia, provide stakeholders with timely, 1.2 above. relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, which is free of 1.2 Implement the SEP throughout Project manipulation, interference, coercion, discrimination and implementation. intimidation, and reporting back to stakeholders on SEP during project implementation. Review and update SEP, as and when required. 2. Prepare and implement activity-based Stakeholder Engagement 2. Prepare and implement SECAPs as required. Plans and Communications Action Plans (SECAPs) as required in compliance with the SEP, concurrent with annual work plans. 10.2 PROJECT GRIEVANCE MECHANISM Project GRM to be established and operational by PIU, supported by CIU Project Effective Date. Implement GM throughout as required Project implementation. 9|Page RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY Establish, publicize, maintain, and operate an accessible grievance redress mechanism (GRM), to receive and facilitate resolution of concerns and grievances in relation to the Project, 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. The GRM shall be equipped to receive, register, and facilitate the resolution of SEA/SH complaints, including through the referral of survivors to relevant gender-based violence (GBV) service providers, all in a safe, confidential, and survivor-centered manner. CAPACITY SUPPORT CS1 ASSESS AND ADDRESS E&S TRAINING NEEDS PIU staff to receive training on Project E&S instrument, the relevant Within three months of Project Effective Date and PIU, supported by CIU requirements of the ESMP and ESIA and the roles and responsibilities repeated as and when required throughout project as required of different key agencies in E&S risk management. implementation CS2 All Project workers to receive training on local culture, occupational As required, prior to work commencing and PIU, supported by CIU health and safety, prevention of GBV, SEA/SH, Violence Against throughout Project implementation as new workers as required Children (VAC), environmental incidents and emergency prevention are engaged. and preparedness and responses to emergency situations and the grievance mechanisms. CS3 Contractors to receive training on all relevant aspects of the Project Prior to preparation of CESMP, prior to mobilization PIU, supported by CIU E&S instruments and relevant ESHS requirements, including and throughout the duration of their contract. as required preparation and implementation of the CESMP. In addition, support provided to ensure contractors understand, sign and implement CESMP contractor’s code of conduct (CoC). 10 | P a g e