The Republic of El Salvador Ministry of Public Works and Transport El Salvador Transport and Resilience Infrastructure Project (P178720) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) -Negotiated version- September 21, 2023 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of El Salvador (the Borrower) will implement the El Salvador Transport and Resilience Infrastructure Project (the Project), with the involvement of the Ministry of Public Works and Transport (MOPT), as set out in the Loan Agreement. The International Bank for Reconstruction and Development (the Bank) has agreed to provide financing (P178720) 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 MOPT and the Bank agree to update the ESCP to reflect these changes through an exchange of letters signed between the Bank and the Minister of Public Works and Transport (MOPT). The Borrower shall promptly disclose the updated ESCP. 2|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – El Salvador Resilient Transport and Infrastructure Project (P178720) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY MONITORING AND REPORTING A REGULAR REPORTING Submit six-monthly reports to the Bank MOPT throughout Project implementation, Prepare and submit to the Bank regular monitoring reports on the environmental, social, commencing after the Effective Date. health and safety (ESHS) performance of the Project, including but not limited to the Submit each report to the Bank jointly implementation of the ESCP, status of preparation and implementation of E&S with Project Reports required under the instruments required under the ESCP, implementation of the Apopa Bypass RAP, Loan Agreement, no later than 45 days stakeholder engagement activities, and functioning of the grievance mechanism(s). after the end of the corresponding reporting period. The Project Operations Manual (POM) shall include an annex describing the minimum requirements and format of said reports. B INCIDENTS AND ACCIDENTS Notify the Bank no later than 48 hours MOPT after learning of the incident or Promptly notify the Bank of any incident or accident related to the Project which has, or accident. is likely to have, a significant adverse effect on the environment, the affected communities, the public or workers, including, inter alia, cases of sexual exploitation and Provide subsequent report to the Bank abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or within a timeframe acceptable to the multiple injury. Provide sufficient detail regarding the scope, severity, and possible Bank. 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 The registry of incidents and accidents and/or supervising firm, as appropriate. for each respective work site or project activity, as relevant, and the Subsequently, at the Bank’s request, prepare a report on the incident or accident and consolidated registry of incidents and propose any measures to address it and prevent its recurrence. The POM will include an accidents shall be maintained annex with a Borrower's Guide to Response to Environmental, Social and Occupational throughout Project implementation. Health and Safety Incidents for World Bank Financed Projects. Establish and maintain a registry of incidents and accidents in each work site or project activity as relevant. The Project Implementation Unit (PIU) within MOPT shall maintain a consolidated registry for the Project. C CONTRACTORS’ MONTHLY REPORTS During Project implementation, MOPT monthly reports shall be submitted to Require contractors and supervising firms to provide monthly monitoring reports on the Project Implementation Unit (PIU) ESHS performance in accordance with the metrics specified in the respective bidding as specified in the procurement documents and contracts and submit such reports to the Bank as requested. The contracts. The reports will be sent to monitoring reports shall include, inter alia: i) the implementation status of the the Bank upon request. 3|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – El Salvador Resilient Transport and Infrastructure Project (P178720) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Environmental and Social Management Plans (ESMPs) of each proposed works; (ii) occupational health and safety incidents; (iii) supervision of occupational health and safety aspects; iv) the use of personal protective equipment (PPE), including measures needed to prevent communicable diseases; (v) training activities and worker participation; and (vi) workers' grievances. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE Establish and maintain a PIU, as set out MOPT in the Loan Agreement. Hire or appoint Establish and maintain a PIU with qualified staff and resources to support management the E&S specialists no later than 60 days of ESHS risks and impacts of the Project, including a dedicated environmental specialist after the Effective Date, and as a (1), a dedicated social specialist (1), and a dedicated occupational health and safety disbursement condition under Section specialist (1). III of Schedule 2 of the Loan Agreement, thereafter, maintain these positions throughout Project implementation. 1.2 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA), AND ENVIRONMENTAL Adopt and disclose the ESIA and its MOPT AND SOCIAL MANAGEMENT PLAN (ESMP) FOR THE APOPA BYPASS corresponding ESMP prior to launching the bidding process of the Apopa Prepare, consult, adopt and implement an ESIA, and its corresponding ESMP for Bypass, and thereafter implement the activities under Project Part 1.1 in accordance with the Terms of Reference previously ESIA and ESMP throughout Project approved by the Bank, and consistent with the relevant ESSs. implementation. 1.3 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) Adopt the ESMF no later than 90 days MOPT after the Effective Date, and thereafter Prepare, consult, adopt and implement an ESMF for activities under Project Parts 1.b, implement the ESMF throughout 1.c; and activities under Parts 2 and 3. The ESMF shall be carried out in accordance with Project implementation. terms of reference acceptable to the Bank, that are consistent with the ESSs. Project activities under Parts 1.b, 1.c; 2 and 3 shall not start until the adoption and disclosure of the ESMF. 1.4 ENVIRONMENTAL AND SOCIAL INSTRUMENTS 1. Disclose the updated Preliminary E&S MOPT Risk Assessment no later than 90 days 1. Update and disclose a Preliminary E&S Risk Assessment for activities under Project after the Effective Date. Parts 1.b, 1.c; and activities under Parts 2 and 3. This Assessment will inform the preparation of the ESMF under Action 1.3 above. 4|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – El Salvador Resilient Transport and Infrastructure Project (P178720) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 2. Prepare, consult, adopt and implement proposed works or site-specific Environmental 2. Adopt the ESMPs prior to the carrying and Social Management Plans (ESMPs), as set out in the ESMF. The ESMPs shall be out of proposed works or activities disclosed as part of the respective works or activities bidding process. bidding process that require the adoption of such ESMP. Once adopted, 3. The proposed activities described in the exclusion list set out in the ESMF shall be implement the respective ESMP ineligible to receive financing under the Project. throughout Project implementation. 3. Throughout Project implementation. 1.5 CONTRACTORS MANAGEMENT 1. The relevant aspects of this ESCP MOPT shall be incorporated into the bidding 1. Incorporate relevant aspects of this ESCP, the ESMF, ESIAs, or ESMPs and LMP, into documents prior to the initiation of the environmental, social, health and safety (ESHS) specifications of bidding documents bidding processes for works or and contracts with contractors and supervisors. activities. 2. Ensure that contractors and supervising companies comply with the ESHS 2. Throughout the implementation of specifications of their contracts, and that they require subcontractors to do so, and that the respective works or activities. they have the necessary personnel, capacity and budget to meet those specifications. 3. The PIU shall approve all relevant 3. Require contractors to prepare and implement the contractor's ESMP (ESMP-C) for ESMP-C before the start of civil works, the construction stage to be approved by the PIU, which shall be consistent with the which will subsequently be works' ESMP. Together with the supervising companies, the PIU will monitor their implemented during the execution time compliance with each stage: before the start of the works, during the execution of the of the relevant works. works, and their closure. 1.6 PERMITS, LICENCES, CONSENT AND AUTHORIZATIONS Any permits, consents and MOPT authorizations that are applicable must Obtain or arrange to obtain, as appropriate, permits, licenses and authorizations from be obtained before the start of the the relevant national and municipal authorities required for Project activities, including activities for which they are required. Technical Assistance activities when sampling and prospecting, among others, are Maintain current permits in good required. Comply with or ensure compliance, as appropriate, with the conditions standing until construction work or established in these permits, consents and authorizations during the execution of the activities are completed. Project. 1.7 TECHNICAL ASSISTANCE Submit TORs for any TA activities for MOPT Bank approval before the bidding Ensure that the consultancies, studies (including feasibility studies, if applicable), process of said activities. capacity building, training, and any other technical assistance activities under Part 2 of the Project, including those related to environmental and social instruments to be Throughout Project implementation. 5|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – El Salvador Resilient Transport and Infrastructure Project (P178720) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY supported under the TA, are carried out in accordance with terms of reference acceptable to the Bank, that are consistent with the ESSs. Thereafter ensure that the outputs of such activities comply with the terms of reference. 1.8 CONTINGENT EMERGENCY EARLY RESPONSE FINANCING a) The adoption of the CERC Manual in Borrower form and substance acceptable to the a) Ensure that the CERC Manual includes a description of the ESHS assessment and Bank is a withdrawal condition under management for the implementation of Part 3, in accordance with the ESSs. Section III.B.1.(d) of Schedule 2 of the Loan Agreement for the Project. b) Adopt any environmental and social (E&S) instruments which may be required for activities under Part 3 of the Project, in accordance with the CERC Manual and the ESSs, b) Adopt any required E&S instrument and thereafter implement the measures and actions required under said E&S and include it as part of the respective instruments, within the timeframes specified in said E&S instruments. bidding process, if applicable, and in any case, before the carrying out of the relevant Project activities for which the E&S instrument is required. Implement the E&S instruments in accordance with their terms, throughout Project implementation. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Adopt the LMP no later than 90 days MOPT after the Effective Date, and thereafter Adopt and implement the Labor Management Procedures (LMP) for the Project, implement the LMP throughout Project including, inter alia, provisions on working conditions, management of workers implementation. 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 MOPT engaging Project workers and Establish and operate a grievance mechanism for Project workers, as described in the thereafter maintain and operate it LMP and consistent with ESS2. throughout Project implementation. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 6|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – El Salvador Resilient Transport and Infrastructure Project (P178720) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT AND Same timeframe as for the adoption MOPT RESILIENCE AGAINST CLIMATE CHANGE and implementation of actions 1.3 and 1.4 above, and throughout Project Incorporate resource efficiency, pollution prevention management measures, and implementation. resilience against climate change in the ESMPs and ESMF and consistent with the relevant ESSs. 3.2 CONSTRUCTION MATERIALS Same timeframe as for the adoption MOPT and implementation of actions 1.3 and Include measures into the ESMF and specific ESMPs to ensure that raw materials and 1.4 above, and throughout Project building materials (e.g., sand, stone, wood, etc.) are sourced from licensed suppliers and, implementation. if possible, certified suppliers and quarries. 3.3 CHEMICAL PRODUCTS AND HAZARDOUS MATERIALS MANAGEMENT Same timeframe as for the adoption MOPT and implementation of actions 1.3 and Comply with World Bank Group’s Environmental, Health and Safety Guidelines (EHSGs), 1.4 above, and throughout Project applicable national legislation, guidelines or codes to be specified in the ESMF, ESIA and implementation. ESMPs of the project works in relation to the following: • hazardous materials management • hazardous and non-hazardous solid waste management • wastewater management • sludge management ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY Same timeframe as for the adoption MOPT and implementation of actions 1.3 and Incorporate measures to manage traffic and road safety risks in the ESMF and as 1.4 above, and throughout Project required in specific ESMPs, including any necessary Traffic Management Plan to be implementation. prepared under action 1.3 above. 4.2 COMMUNITY HEALTH AND SAFETY Same timeframe as for the adoption MOPT and implementation of actions 1.3 and Develop, adopt, and implement measures and actions to assess and manage specific 1.4 above, and throughout Project risks and impacts to the community arising from Project activities and include mitigation implementation. measures in the ESIA or specific ESMPs to be prepared in accordance with the ESMF. Some of these measures include: • risks related to the flow and inflow of external labor; including code of conduct, management of workers' camps, among others; 7|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – El Salvador Resilient Transport and Infrastructure Project (P178720) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY • evaluation and prevention measures in the ESMF and the specific ESMPs, and referral network for cases of gender-based violence or sexual exploitation and abuse and sexual harassment; • development and implementation of mitigation measures in the ESMF and the specific ESMPs, addressing the risk of conflict, violence and crime; • emergency response; • assessment of the risk of community exposure to communicable diseases, including COVID-19. 4.3 UNIVERSAL ACCESS Same timeframe as for the adoption MOPT and implementation of actions 1.3 and Proposed civil works shall include the concept of universal access as part of their design, 1.4 above, and throughout Project as described in the ESMF and specific ESMPs. These include, but are not limited to, the implementation. construction/restoration/replacement of ramps for persons with disabilities and the incorporation of new or additional universal access provisions. 4.4 SECURITY MANAGEMENT Same timeframe as for the adoption MOPT and implementation of actions 1.3 and Assess and implement measures to manage the security risks of the Project, including 1.4 above, and throughout Project the risks of engaging security personnel to safeguard project workers, sites, assets, and implementation. activities, as set out in the ESMP, guided by the principles of proportionality and Good International Industry Practice, and by applicable law, in relation to hiring, rules of conduct, training, equipping, and monitoring of such personnel. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT ACTION PLAN (RAP) FOR APOPA BYPASS a) Adopt the RAP, approved by the MOPT Bank, before the start of the bidding Adopt and implement a resettlement action plan (RAP) for activities under Part 1 and process for the Apopa Bypass, and consistent with ESS5. thereafter implement the respective RAP. b) Taking possession of land and fixed property can only take place once the land acquisition aspects of the Bank approved RAP have been implemented. 8|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – El Salvador Resilient Transport and Infrastructure Project (P178720) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY c) Apopa Bypass works under Part 1, can only start for those segments where full compensation has been provided and, as applicable, displaced people have been resettled and moving allowances and assistance has been provided in accordance with the approved RAP. 5.2 RESETTLEMENT FOR OTHER PROJECT ACTIVITIES Throughout Project implementation. MOPT The ESMF shall include and exclusion list for those activities outside of the Apopa Bypass, specifying that if such activities require physical or economic displacement, or land acquisition, they would not be eligible for financing under the Project. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS 1. Same timeframe as for the adoption MOPT and implementation of actions 1.3 and 1. Adopt and implement measures and actions to avoid, reduce or mitigate the impacts 1.4 above, and throughout Project of project activities on biodiversity and the sustainable management of living natural implementation. resources. Activities will not be allowed inside legally protected areas or their buffer zone, according to the exclusion list established in the ESMF. These measures and 2. Same timeframe as for the adoption actions shall be included in the specific ESMPs, as appropriate, and prepared in and implementation of actions 1.3 and accordance with the ESMF. 1.4 above, and throughout Project implementation. 2. Apply the ESMF pre-assessment tool to identify and confirm the presence of, or proximity to, areas of importance for biodiversity, and respect the exclusion list of 3. Where relevant, submit BMP for Bank activities that could result in the degradation of critical or sensitive natural habitats in approval. Thereafter, adopt and the assessment of all Project activities. implement BMP before the start of relevant activities. 3. If the ESMF or specific ESMPs identify the need to develop, approve and implement a Biodiversity Management Plan (BMP) or a compensation and management plan due to potential impacts to natural habitat, such plans shall be prepared in accordance with ESS6 and in a manner acceptable to the Bank. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 INDIGENOUS PEOPLES 1. Throughout Project implementation. MOPT 9|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – El Salvador Resilient Transport and Infrastructure Project (P178720) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 1. Ensure that IPs are consulted, for Project Parts 2 and 3, as appropriate, and 2. Throughout implementation of corresponding E&S instruments, including the adoption of methodologies and measures activities under Part 2 and 3. regarding communication, consultation, participation, attention to complaints and claims that are socio-culturally adapted to the needs and forms of governance of IPs. 2. Ensure that, in the processes of prioritization of roads in economic and rural corridors for the preparation of design studies and other TA activities under Part 2, there is (i) participation of and consultation with IP representatives and (ii) consideration of criteria that benefit and serve the interests of IPs as a means to access project benefits. ESS 8: CULTURAL HERITAGE 8.1 CULTURAL HERITAGE RISKS AND IMPACTS 1. Same timeframe as for the adoption MOPT and implementation of actions 1.3 and 1. As part of the specific ESIA or ESMPs, identify the possible presence of cultural 1.4 above, and throughout Project heritage, tangible and intangible, in areas that could be affected, and propose and adopt implementation. mitigation measures as appropriate. 2. Where relevant, submit CHMP for 2. If a significant impact on cultural heritage is identified in the ESIA or a specific ESMPs, Bank approval. Thereafter, adopt and adopt and implement an independent Cultural Heritage Management Plan (CHMP) in implement CHMP before the start of accordance with the requirements of ESS8 in a manner acceptable to the Bank. relevant activities. 8.2 CHANCE FINDS 1. Same timeframe as for the adoption MOPT and implementation of actions 1.3 and 1. Develop and implement the chance finds procedures, as part of the ESMF or ESMPs of 1.4 above, and throughout project the Project. implementation. 2. Require contractors and third parties involved in civil works to adopt and implement 2. As part of bidding documents and the CHMP under client supervision. thereafter throughout Project implementation. ESS 9: FINANCIAL INTERMEDIARIES [Not relevant] ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION Adopt the updated SEP no later than 90 MOPT days after the Effective Date and Update, disclose, adopt and implement the Project SEP, which shall include measures to, thereafter implement the SEP inter alia, provide stakeholders with timely, relevant, understandable and accessible throughout Project implementation. information, and consult them in a culturally appropriate manner, free from manipulation, interference, coercion, discrimination or intimidation. The SEP shall describe the consultation process for the Project activities and the corresponding E&S 10 | P a g e ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – El Salvador Resilient Transport and Infrastructure Project (P178720) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY instruments, with differentiated strategies to promote participation and access to benefits for vulnerable groups and Indigenous Peoples, as well as details of the Project's grievance mechanism (including complaints related to gender-based violence). 10.2 PROJECT GRIEVANCE MECHANISM 1. Same timeframe as action 10.1 above MOPT 1. Establish, publicize, maintain, and operate an accessible grievance mechanism, to 2. Same timeframe as action A above 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 grievance mechanism 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 service providers, all in a safe, confidential, and survivor-centered manner. 2. Report on the functioning of the grievance mechanism describing, at least, the number and type of complaints received, the average time of resolution, whether there are complaints pending resolution, and other pertinent data to be discussed and agreed upon with the Bank. CAPACITY SUPPORT CS1 1. Prepare an Environmental and Social Capacity Support Plan, as described in the ESMF, 1. Six (6) months after receiving Bank MOPT for Project personnel to include training on environmental and social instruments and clearance for the ESMF. monitoring of the requirements and Environmental and Social Standards of the Project. 1. Once approved, implement the 2. Conduct regular training activities for project workers and relevant government Environmental and Social Capacity officials, contractors, supervision companies, and other actors, as appropriate. Training Support Plan throughout project issues will be agreed with the Bank and could include, among others: implementation and update it annually • environmental and social management instruments according to the emerging needs of the • risks of gender-based violence, sexual exploitation and abuse, and sexual Project. harassment • emergency preparedness and response legislation 2. Training measures for the Apopa • hazardous and non-hazardous waste management Bypass shall be implemented • occupational health and safety throughout execution of works. • prevention response to infectious diseases, including COVID-19 • non-discrimination of vulnerable groups • inclusion of indigenous peoples 11 | P a g e ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – El Salvador Resilient Transport and Infrastructure Project (P178720) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY • code of conduct • grievance mechanisms • road safety • chance find procedures 2. Ensure that training measures described in the Apopa Bypass ESIA, ESMP and RAP are planned and implemented throughout the execution of works. 12 | P a g e