Republic of Congo Ministry of Planning, Statistics, and Regional Integration Additional Financing to the Climate-Resilient and Inclusive Livelihoods Project (P181184) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Draft for negotiation September 2023 1 1. The Republic of Congo (hereinafter the Recipient) shall implement additional activities under the Climate-Resilient and Inclusive Livelihoods Project (P181184) (the Project), with the involvement of the Ministry of Planning, Statistics, and Regional Integration (MPSIR), as set out in the additional Financing Agreement. The International Development Association (the Association) acting as the administrator of the IDA-Crisis Response Window (IDA-CRW), has agreed to provide additional financing of $50 million for the implementation of the additional activities under the Project, as set out in the referred agreement. This ESCP shall apply solely to the additional activities under the Project referred to above, and the ESCP for the original financing of the Project, shall continue to apply to the original activities under the Project. 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 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 the Ministry of Planning, Statistics, and Regional Integration and the Association agree to update the ESCP to reflect these changes through an exchange of letters signed between the Association and the Minister of MPSIR. The Recipient shall promptly disclose the updated ESCP. 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY MATERIAL MEASURES AND ACTIONS A REGULAR REPORTING MPSIR/Project Submit quarterly reports to the Implementation Unit (PIU) Prepare and submit to the association regular monitoring reports on the environmental, Association throughout Project social, health and safety (ESHS) performance of the Project, in form and substance implementation, commencing after acceptable tothe Association including but not limited to the implementation of the ESCP, three months after Effective Date. status of preparation and implementation of E&S instruments required under the ESCP, stakeholder engagement activities, and functioning of the grievance mechanism(s) for Submit each report to the Association no project workers, project level and GM process, including for responding to incidents of later than 15 days after the end of each sexual exploitation and abuse/sexual harassment (SEA/SH). quarter. B INCIDENTS AND ACCIDENTS MPSIR/Project Implementation Unit (PIU) Promptly notify the Association of any incident or accident related to the Project which Notify the Association no later than 48 has, or is likely to have, a significant adverse effect on the environment, the affected hours after learning of the incident or communities, the public or workers, including, inter alia, cases of sexual exploitation and accident, and within 24 hours in case of abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or multiple a fatality or SEA/SH incident. injury, kidnapping and traffic accident. Provide sufficient detail regarding the scope, severity, and possible causes of the incident or accident, indicating immediate measures Provide subsequent reports to the taken or that are planned to be taken to address it, and any information provided by any Association within 5 days, or such other contractor and/or supervising firm, as appropriate. timeframe as later agreed with the Association. 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. Any notification of a The notification/reporting system shall SEA/SH incident will follow an information sharing protocol to respect the privacy, remain in place throughout Project confidentiality and security of the survivor. implementation. For the purposes of the Project, any social, labor, health and safety, security or environmental incident, accident or circumstance directly related to the Project, including, File a closure report within 30 days or a but not limited to, explosions, spills and any work-related accident resulting in death or time frame agreed with the Association. serious injury; any violent and exceptional incident or labor dispute involving any project beneficiary; any gender-based violence (e.g. SEA/SH) suffered by persons associated with the Project; or any other event that has or could reasonably be expected to have a material adverse effect on the implementation of the project, shall be considered significant. 3 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY C CONTRACTORS’ MONTHLY REPORTS Require contractors and supervising MPSIR/PIU firms to submit their reports monthly Require contractors and supervising firms to provide monthly monitoring reports on to the PIU throughout the Project Contractor/sub-contractors ESHS performance in accordance with the metrics specified in the respective bidding implementation. documents and contracts and submit such reports to the Association. Submit these reports upon request to the Association as annexes to the reports to besubmitted under action A above. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE Recruit junior E&S specialist not later MPSIR/PIU than three (3) months after the Effective Hire additional staff to scale up the original financing of the Project. Additional staff will Date and thereafter maintain these include junior environmental and social safeguards specialists as well as resources to positions throughout Project support management of ESHS risks and impacts of the additional Activities. implementation. 4 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS MPSIR/PIU 1. Update, adopt and implement the initial Environmental and Social Management 1. Adopt the updated ESMF, including Framework (ESMF) prepared as part of the parent project with the relevant ESSs. The the GBV risk assessment, before the ESMF contains subproject-specific screening and monitoring forms for environmental Effective Date and thereafter and social risks and impacts. The ESMF also includes Integrated Pest Management implement the updated ESMF best practices, GBV risk assessment, detailed screening procedures for Project throughout Project activities for biodiversity impacts, and terms of reference (ToR) for Biodiversity implementation. Management Plans (BMP). The ESMF also includes relevant measures relating to the CERC Component. Activities described in the exclusion list set out in the ESMF shall be ineligible to receive financing under the Project. 2. Adopt any ESMP before launching the bidding process for the respective Project activity, and prior 2. Adopt and implement subproject Environmental and Social Management Plans to the carrying out of Project activity (ESMP), as set out in the ESMF consistent with the relevant ESSs. that requires the adoption of such ESMP. Once adopted, implement the respective ESMP throughout Project implementation. 5 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 1.3 MANAGEMENT OF CONTRACTORS MPSIR/PIU Incorporate the relevant aspects of the ESCP, including, inter alia, the relevant E&S As part of the preparation of instruments, the Labor Management Procedures and code of conduct, into the ESHS procurement documents and respective specifications of the procurement documents and contracts with contractors and contracts. Before signing agreements. supervising firms. Thereafter ensure that the contractors and supervising firms comply Supervise contractors throughout and cause subcontractors to comply with the ESHS specifications of their respective Project implementation. contracts. The Recipient shall ensure that the contractors prepare, adopt and implement Contractor Occupational Health and Safety Plan (C-OHSP) consistent with ESS2. 1.4 TECHNICAL ASSISTANCE Throughout Project implementation. Ensure that the consultancies, studies (including feasibility studies), capacity building, training, and any other technical assistance activities under the Project are carried out in MPSIR/PIU accordance with terms of reference acceptable to the Association, that are consistent with the ESSs. Thereafter ensure that the outputs of such activities comply with the terms of reference. 1.5 CONTINGENT EMERGENCY EARLY RESPONSE FINANCING The adoption of the CERC manual in MPSIR/PIU form and substance acceptable to the a) Ensure that the CERC Manual as specified in the Loan Agreement includes a description Association is a withdrawal condition of the ESHS assessment and management arrangements including CERC-ESMF that will under Section III.B.1.e of Schedule 2 of be included or referred to in the CERC Manual for the implementation of a CERC the Financing Agreement for the Project component, in accordance with the ESSs. Include CERC manual as a section of PIM (Project Implementation Manual) b) Adopt any environmental and social (E&S) instruments which may be required for activities under CERC component of the Project, in accordance with the CERC Manual and CERC-ESMF and the ESSs, and thereafter implement the measures and actions required under said E&S instruments, within the timeframes specified in said E&S instruments. 1.6 EXCLUSION During the assessment process MPSIR/PIU/service conducted under action 1.2 above and providers/sub-contractors Exclude the following type of activities as ineligible for financing under the Project: throughout implementation. • Activities that may cause long term, permanent and/or irreversible (e.g., loss of major natural habitat) impacts, • Activities that have high probability of causing serious adverse effects to human health and/or the environment, • Activities that may have significant adverse social impacts and may give rise to 6 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY significant social conflict, • Activities that may affect lands or rights of indigenous people or other vulnerable group/minorities, • Activities that may involve impacts on cultural heritage, • Activities in urban areas that would require land acquisition or permanent resettlement of households, • Activities that would significantly convert natural habitats or significantly alter potentially important biodiversity and/or cultural resource areas. Activities involving new schemes that use or risk polluting water resources of international waterways or activities on existing schemes that go beyond small-scale rehabilitation of existing schemes, and that may adversely impact the quality or quantity of international waterways or may be adversely affected by other riparian’s possible water use. • All the other exclusion criteria and zones have been clearly stipulated in the ESMF of the Project. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Adopt the updated LMP before the MPSIR/PIU Effective Date and thereafter implement Update, adopt and implement the initial Labor Management Procedures (LMP) for the it throughout Project Implementation. Project, including, inter alia, provisions on working conditions, management of worker relationships, occupational health and safety (including personal protective equipment, and emergency preparedness and response), codes 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 a grievance mechanism prior to MPSIR/PIU engaging Project workers (direct Establish and operate a grievance mechanism for Project workers, as described in the workers, contracted workers, LMP and consistent with ESS2. Community workers and primary supply worker) and thereafter maintain and operate it throughout Project implementation. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT Same timeframe as for the adoption and MPSIR/PIU implementation of the ESMP under action 1.2. 7 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Incorporate resource efficiency and pollution prevention and management measures in the ESMP to be prepared under action 1.2 above and thereafter implement these measures throughout Project implementation, all consistent with ESS3. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY Same timeframe as for the adoption MPSIR/PIU Incorporate measures to manage traffic and road safety risks as required in ESMP to be and implementation of the ESMP under prepared under action 1.2 above, and thereafter implement these measures throughout action 1.2. Project implementation, all consistent with ESS4. 4.2 COMMUNITY HEALTH AND SAFETY Same timeframe as for the adoption and MPSIR/PIU Assess and manage specific risks and impacts to the community arising from Project implementation of the ESMPs under activities, including, inter alia, measures to minimize the potential for community action 1.2. exposure to communicable diseases, including COVID-19, as well as measures to assess and address any security risks, and include mitigation measures in the ESMPs to be Assess and manage specific risks and prepared in accordance with the ESMF, all consistent with ESS4. impacts to the community arising from Project activities, including, inter alia measures to: minimize the potential for community exposure. 4.3 SEA AND SH RISKS Prepare, disclose, consult upon and MPSIR/PIU Adopt and implement a SEA/SH Action Plan to assess and manage the risks of SEA and adopt the GBV action plan no later than SH consistent with ESS4. six (6) months after effectiveness, and thereafter implement the SEA/SH Action Plan throughout Project implementation. 4.4 SECURITY MANAGEMENT Same timeframe as for the adoption and MPSIR/PIU Assess and implement measures in the ESMP to manage the security risks of the Project, implementation of the ESMPs under including the risks of engaging security personnel to safeguard project workers, sites, action 1.2. and thereafter implemented assets, and activities, guided by the principles of proportionality and GIIP, and by throughout Project implementation]. 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 POLICY FRAMEWORK Adopt the updated RPF before the MPSIR/PIU Effective Date and thereafter implement Update, adopt and implement the initial Resettlement Policy Framework (RPF) for the it throughout Project implementation. Project, consistent with ESS5. 8 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 5.2 RESETTLEMENT PLANS Adopt and implement the respective MPSIR/PIU RAP/LRP, including ensuring that before Adopt and implement a resettlement action plan (RAP) and/or a Livelihood Restoration taking possession of the land and related Plan (LRP) for each activity under the Project for which the RPF requires such RAP and/or assets, full compensation has been LRP, as set out in the RPF, and consistent with ESS5. provided and displaced people have been resettled and moving allowances have been provided. 5.4 GRIEVANCE MECHANISM Prior to commencement of MPSIR/PIU The Recipient will ensure that a grievance mechanism for the project is in place, in resettlement activities accordance with ESS10 as early as possible in project development to address specific concerns about compensation, relocation or livelihood restoration measures raised by displaced persons (or others) in a timely fashion. Where possible, such grievance mechanisms will utilize existing formal or informal grievance mechanisms suitable for project purposes, supplemented as needed with project-specific arrangements designed to resolve disputes in an impartial manner. The grievance mechanism (GM) to address resettlement related complaints should be described in the RPF, RAPs and SEP. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS Same timeframe as for the adoption and MPSIR/PIU implementation of the ESMPs under Adopt and implement a Biodiversity Management Plan (BMP), as part of the ESMF and action 1.2, and thereafter implement the ESMP, in accordance with the ESS6. BMP throughout Project implementation. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 INDIGENOUS PEOPLES PLANNING FRAMEWORK Adopt the updated IPPF before the MPSIR/PIU Update, adopt, and implement the initial Indigenous Peoples Planning Framework (IPPF), Effective Date and thereafter and subsequent Indigenous Peoples Plans (IPP) as relevant, all consistent with ESS7. implement it throughout Project implementation. 9 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 7.2 INDIGENOUS PEOPLES PLAN Prepare, disclose, consult upon and MPSIR/PIU Prepare, disclose, consult upon, adopt and implement an Indigenous Peoples Plan (IPP), adopt the IPP prior to the carrying out of as set out in the IPPF, and consistent with ESS7. any activity that requires the preparation of such IPP. Once adopted, implement the respective IPP throughout Project implementation. 7.3 GRIEVANCE MECHANISM Same timeline frame than 10.2 MPSIR/PIU The Recipient will ensure that a grievance mechanism is established for the project, as described in ESS10, which is culturally appropriate and accessible to affected Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities and takes into account the availability of judicial recourse and customary dispute settlement mechanisms among Indigenous Peoples/ Sub-Saharan African Historically Underserved Traditional Local Communities. Prepare, adopt, and implement the arrangements for a grievance redress mechanism (GRM) for indigenous people, as required under the IPPF and further describe such arrangements in the respective IPPs. ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS Specific ESMP (including Chance finds MPSIR/PIU Describe and implement the chance finds procedures as part of the updated ESMF of the procedures) will be developed. Project. Prior to any construction and/or rehabilitation works and implement throughout Project lifecycle. ESS 9: FINANCIAL INTERMEDIARIES Not relevant. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION MPSIR/PIU Updated, disclosed, consulted upon, Update, disclose, consult upon, adopt, and implement the revised initial Stakeholder adopted the revised initial SEP prior to Engagement Plan (SEP) including GM, all consistent with ESS10, which shall include appraisal and thereafter implement it measures to, inter alia, provide stakeholders with timely, relevant, understandable, and throughout Project implementation. accessible information, and consult with them in a culturally appropriate manner free of manipulation, interference, coercion, discrimination and intimidation. 10 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 10.2 PROJECT GRIEVANCE MECHANISM Establish the grievance mechanism not MPSIR/PIU later than three (3) months after the Establish, publicize, maintain, and operate an accessible grievance mechanism to receive Effective Date and thereafter maintain and facilitate resolution of concerns and grievances in relation to the Project, promptly and operate the grievance mechanism and effectively, in a transparent manner that is culturally appropriate and readily throughout Project implementation. 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. CAPACITY SUPPORT CS1 Training to the PIU, including the E&S Unit of MPSIR, service providers and some ESF briefing session during the MPSIR/PIU Contractors, shall be required in the following areas: launch workshop, and ESCP and SEP not later than one (1) month from the • Stakeholder mapping and engagement Effective Date. • Specific aspects of environmental and social assessment in accordance with the Training on other subjects: as soon as World Bank Environmental and Social Framework particularly ESS1, ESS2, ESS5, ESS7 possible after the Effective Date and and ESS10 throughout project implementation • Emergency preparedness and response • Community health and safety. • Implementation and monitoring of the Environmental and Social Commitment Plan (ESCP) • Project Grievance Mechanism to enable project�affected people to file complaints. that could be quickly addressed should they have any grievance in relation to the project. • Mitigation, prevention and response on the GBV/SEA/SH front, assessment, development and implementation of the GBV/SEA/SH Action Plan • Capacity building in other specific aspects of assessment and implementation of environmental and social risk management practices, as identified through needs assessments of key project actors during project implementation. CS2 Training shall be provided for workers, contractors, and other employees working on As soon as possible after the Effective MPSIR/PIU project sites, including the main stakeholders involved in Project activities, on the Date, following activities: 11 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY • Personal protective equipment (PPE) and throughout project • Work-site risk management implementation, Occupational accident prevention Hygiene, safety, and environment (HSE) on a quarterly basis regulations, including COVID-19 prevention and response measures. • Management of nonhazardous and hazardous waste and pesticides management. Emergency preparedness and response • STI/HIV AIDS sensitization • GBV/SEA/SH sensitization, Codes of Conduct, GM, GBV/SEA/SH services available and other mitigation measures put in place by the project both for workers and the community 12