KENYA DIGITAL ECONOMY ACCELERATION PROJECT P170941 Draft ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) FEBRUARY 2023 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of Kenya (the Recipient) will implement the Kenya Digital Economy Acceleration Project (the Project), with the involvement of the Ministry of Information, Communication and the Digital Economy (MICDE) and the Information, Communication and Technology Authority (ICTA) as set out in the Financing Agreement. The International Development Association of the World Bank), 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 World Bank. 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 World Bank. Once adopted, said E&S instruments may be revised from time to time with prior written agreement by the World Bank. 4. As agreed by the World Bank 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 Information, Communication and Technology Authority, and the World Bank agree to update the ESCP to reflect these changes through an exchange of letters signed between the World Bank and the Information and Communication Technology Authority. The Information and Communication Technology Authority shall promptly disclose the updated ESCP. 2|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY MONITORING AND REPORTING A REGULAR REPORTING ICTA Prepare and submit to the World Bank regular monitoring reports on the environmental, Submit quarterly and annual reports to social, health, and safety (ESHS) performance of the Project, including but not limited to the World Bank throughout Project the implementation of the ESCP, status of preparation and implementation of E&S implementation, commencing after the instruments required under the ESCP, stakeholder engagement activities, and functioning Effective Date. of the grievance mechanism(s). Submit each report to the World Bank no later than 14 days after the end of each reporting period. B INCIDENTS AND ACCIDENTS Promptly notify the World Bank of any incident or accident related to the Project which Notify the World Bank 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 ICTA communities, the public, or workers, including, inter alia, cases of sexual exploitation accident. and abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or multiple injuries, forced or child labor. Any such incidents/accidents should be promptly reported by the contractor to the Project Implementation Unit within ICTA (PIU) using standard forms contained in the ESMF. Provide subsequent reports to the Subsequently, at the World Bank’s request, prepare a report on the incident or accident World Bank within a timeframe and propose any measures to address it and prevent its recurrence. acceptable to the World Bank. C CONTRACTORS’ MONTHLY REPORTS ICTA Require contractors and supervising firms to provide monthly monitoring reports on ESHS Submit the monthly reports to the World performance in accordance with the metrics specified in the respective bidding Bank documents and contracts and submit such reports to the World Bank through the ICTA. 3|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY D NOTIFICATIONS RELATING TO DAAB COMPLIANCE REVIEW OF CONTRACTOR COMPLIANCE WITH SEA/SH PREVENTION AND RESPONSE OBLIGATIONS Notify the World Bank of any referral submitted to the Dispute Avoidance and No later than 7 days after the issuance or ICTA Adjudication Board (DAAB) to initiate a process of compliance review in relation to a receipt, as applicable, of the relevant contractor’s obligations to prevent and respond to sexual exploitation and abuse (SEA) , document (i.e., referral to the DAAB, and/or sexual harassment (SH) specified in the respective works contract with such issuance of DAAB decision, Notice of contractor; and, in the event of any such referral, notify the World Bank of: (i) the DAAB’s Dissatisfaction, notice of decision on such referral; (ii) the contractor’s Notice of Dissatisfaction, if any, with such commencement of emergency/full DAAB decision; (iii) any notification received on the commencement of an emergency arbitration, emergency/full arbitration arbitration proceeding or full arbitration proceeding in relation to the DAAB’s decision; order, as applicable). and (iv) the resulting emergency arbitration order and/or full arbitration order, if any. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE ICTA Ensure that 1 environmental, health and Establish and maintain a PIU within ICTA to undertake ESHS management for the Project. safetyspecialist and 1 social specialist The PIU should be staffed with qualified and experienced full time 1 environmental are recruited or deployed prior to specialist and 1 social specialist. In addition, the PIU shall recruit the SEA/SH and Security Effective Date and thereafter Consultants on the part-time basis. maintained throughout Project implementation. Ensure that 1 SEA/SH consultant and 1 security consultant are deployed to the Project prior to Effective Date. 4|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY During the project implementation and construction works phase, the contractors and Ensure that the supervision consultants shall each maintain qualified and full time 1 environmental, health and safety specialist, deploy qualified and fulltime 1 social specialist and community liaison officer.While the supervision consultant shall 1environment,health and safety maintain qualified and full time 1 environmental, health and safety specialist and 1 social specialist and 1 social specialist, while specialist. contractors will deploy 1 environmental, health and safety specialist, 1 social specialist and community liaison officer throughout project implementation . 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS ICTA Prepare, consult upon, adopt and publicly disclose the Environmental and Social Prepare, consult upon, adopt and Management Framework (ESMF) with the following E&S instruments as annexes: ESMP publicly disclose the instruments prior to for minor civil works, guidance on waste management plans, environmental code of Effective Date and thereafter implement practice (ECOP) for e-waste and the labour management procedures (LMP) consistent the ESMF throughout Project with the relevant ESSs. In addition, prepare Sexual Exploitation and Harassment (SEAH) implementation. Prevention and Response Plan, Security Management Plan (SMP), Resettlement Policy Framework (RPF), Vulnerable Marginalized Group Framework (VMGF) and the Social Ensure screening of sub-projects Assessment. throughout project implementation. Prepare, consult upon, adopt, publicly Screen every technical assistance activity and Sub-projects and carry out environmental disclose and thereafter implement and social impact assessment for the identified sub-projects as per the guidance and ESIAs/or ESMPs and RAPs before requirements of the ESMF and the RPF during Project implementation, incorporate the commencing the procurement process Environment and Social Impact Assessment(ESIA)/ESMP recommendations in the throughout Project implementation. Contractors ESMPs during implementation and duly comply with any applicable requirements in the ESMF and RPF during project implementation such as carrying out environmental and social risks assessments and Resettlement Action Plans (RAP), preparing, consulting upon, adopting, publicly disclosing and implementing the respective ESIAs/ESMPs before commencing works in a manner acceptable to the Association. All TA outputs will be prepared consistent with ESS in a manner acceptable to the Association. The proposed subprojects described in the exclusion list set out in the ESMF shall be ineligible to receive financing under the Project. 1.3 MANAGEMENT OF CONTRACTORS ICTA 5|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Incorporate the relevant aspects of the ESCP, including, inter alia, the relevant E&S As part of the preparation of instruments, SEA/SH, security management plan, the Labor Management Procedures, procurement documents and respective SEP, and code of conduct, into the ESHS specifications of the procurement documents and contracts. contracts with contractors and supervising firms. Thereafter, ensure that the contractors and supervising firms comply and cause subcontractors to comply with the ESHS Supervise contractors throughout specifications of their respective contracts. Project implementation 1.4 TECHNICAL ASSISTANCE ICTA Ensure that the consultancies, feasibility studies, ESMP studies, capacity building, training, Throughout Project implementation. and any other technical assistance activities under the Project are carried out in accordance with terms of reference (ToRs) acceptable to the World Bank, that are consistent with the ESSs. Thereafter ensure that the outputs of such activities comply with the terms of reference (ToRs). 1.5 CONTINGENT EMERGENCY RESPONSE FINANCING a) Ensure that the CERC Implementation Plan includes a description of the ESHS a) The adoption of the CERC assessment and management arrangements in accordance with the ESSs. Implementation Plan in form and substance acceptable to the World Bank b) Adopt any environmental and social (E&S) instruments which may be required for is a withdrawal condition under Section activities under CERC Part of the Project, in accordance with the CERC Implementation III.B.1(b) of Schedule 2 of the Financing Plan and the ESSs, and thereafter implement the measures and actions required under Agreement for the Project. said E&S instruments, within the timeframes specified in said E&S instruments. 6|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY b) Adopt any required E&S instrument and include it as part of the respective 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 Prepare, consult upon, adopt and Prepare, consult upon, adopt, publicly disclose and implement the Labor Management publicly disclose the LMP, as part of the ICTA Procedures (LMP) for the Project, including, inter alia, provisions on working conditions, ESMF, prior to Effectiveness Date and management of workers’ relationships, occupational health and safety (including personal thereafter implement the LMP protective equipment, and emergency preparedness and response), training of workers, throughout Project implementation. 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. The Recipient shall implement the Occupational, Health and Safety (OHS) measure for Adopt the OHS measures prior to project ICTA workers (including emergency preparedness and response measures) as prescribed in the commencement and thereafter ESMF, LMP and the World Bank Group EHS General guidelines . implement them throughout Project implementation. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS ICTA 7|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Establish and operate the labor grievance mechanism for Project workers, as described in Establish a grievance mechanism prior to the LMP and consistent with ESS2. engaging Project workers 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 ICTA Prepare, consult upon, adopt, publicly disclose and implement the following annexes as Adopt and publicly disclose prior to part of the ESMF: Effective Date and thereafter implement i. Guidance on the waste management plans throughout Project implementation ii. Environmental Code of Practice for e-waste Incorporate resource efficiency and pollution prevention and management measures in Throughout Project implementation each subproject ESMP to be prepared under action 1.2 above. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY Throughout Project implementation ICTA Incorporate measures to manage traffic and road safety risks as required in the ESIAs/ESMPs to be prepared under action 1.2 above. 4.2 COMMUNITY HEALTH AND SAFETY ICTA Same timeframe as for the adoption and implementation of the ESMPs. 8|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Assess and manage specific risks and impacts to the community arising from Project activities, including, inter alia, the behavior of Project workers, risks of labor influx, and response to emergency situations, and include mitigation measures in the ESIAs/or ESMPs to be prepared in accordance with the ESMF. 4.3 Sexual Exploitation and Abuse (SEA) AND Sexual harassment (SH) RISKS ICTA Prepare, consult upon, adopt, publicly disclose and implement the Sexual Exploitation and Prepare and adopt prior to Effective Harassment (SEAH) Prevention and Response Plan to assess and manage the risks of Date and thereafter implement sexual exploitation and abuse (SEA/ and sexual harassment (SH). throughout project implementation Incorporate SEA/SH mitigation measures, as applicable, in subproject ESMPs to be prepared under action 1.2 above The PIU will maintain a SEA/SH specialist throughout the project implementation stage. Throughout project implementation 4.4 SECURITY MANAGEMENT Prepare, adopt, and thereafter implement the Security Management Plan (SMP) SMP shall be prepared and adopted prior ICTA consistent with ESS4 and good international practice, in a manner acceptable to the to Effective Date, and thereafter Supervision consultants. Association, to ensure that the use of security personnel in the project does not result in maintained throughout project Contractors adverse consequences to the community health and safety, including in matters relating implementation to SEAH. The SMP shall be guided by the principles of proportionality and GIIP, and by applicable national laws, in relation to hiring, rules of conduct, training, equipping, and monitoring of such personnel. The contractors shall prepare and implement site-specific security management plans Prepare contract-specific security detailing contract-specific security measures. management plans, throughout project implementation. 9|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT POLICY FRAMEWORK Prepare, consult upon, adopt, and ICTA publicly disclose the RPF prior to Prepare, consult upon, adopt, publicly disclose and implement the Resettlement Policy Effectiveness Date and thereafter Framework (RPF) for the Project, consistent with ESS5. implement the RPF throughout Project implementation. 5.2 RESETTLEMENT ACTION PLANS ICTA Before the commencement of Prepare consult upon, adopt, publicly disclose and implement Resettlement Action construction works of subprojects Plan/Plans (RAP/RAPs) for each subproject under the Project for which the RPF requires including ensuring that before taking such RAP, consistent with ESS5. possession of the land, the Resettlement Action Plan is fully implemented. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS: Relevant aspects of this standard shall be considered, as needed, under action 1.2 above. The Recipient shall screen sub-projects, prepare, Throughout project implementation ICTA consult on, adopt, publicly disclose, environmental and social impact assessments (ESIAs)/or environmental and social management plans (ESMPs) with relevant mitigation measures for sub-projects, screen and exclude sub-projects activities that are likely to have impacts on biodiversity, critical habitats and protected areas. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 VULNERABLE AND MARGINALIZED GROUPS FRAMEWORK ICTA Supervision consultants. Prepare, consult upon, adopt, publicly disclose and implement a Vulnerable and Prepare consult upon, adopt, and Marginalized Group Framework (VMGF) for the Project, consistent with ESS7. disclose the project’s VMGF prior to Effectiveness Date and thereafter implement the VMGF throughout Project implementation 10 | P a g e ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 7.2 VULNERABLE AND MARGINALIZED GROUP ACTION PLAN (VMGAP) Prepare, adopt and publicly disclose the ICTA VMGAP prior to prior to the carrying out Supervision consultants. Prepare, adopt, publicly disclose and implement the VMGAP for each subproject under of subproject that requires the adoption Contractors the Project as set out in the VMGF and consistent with ESS7. This will include measures of such VMGAP and once adopted, related to facilitating access to digital connects and targeting the VMGs to ensure that implement the respective VMGAP they benefit from project activities related to digital connectivity. throughout Project implementation. ESS 8: CULTURAL HERITAGE 8.2 CHANCE FINDS ICTA Supervision consultants. Relevant aspects of this ESS8 shall be considered, as needed, in the ESMF as outlined Implement the procedures in the ESMF, Contractors under action 1.2 above. as applicable, throughout Project implementation. ESS 9: FINANCIAL INTERMEDIARIES Not Relevant. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION The Project shall adopt and implement a stakeholder engagement plan consistent with Stakeholder Engagement Plan is dislosed ESS 10, in a manner acceptable to the Association. prior to appraisal and implemented ICTA throughout Project implementation. The Stakeholder Engagement Plan shall be updated to include input from the Social Assessment and the SEA/SH action plan. Prior to disbursement for the Component 1, 2 and 3. 10.2 PROJECT GRIEVANCE MECHANISM ICTA 11 | P a g e ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Establish publicize, maintain, and operate an accessible grievance mechanism, to receive Establish the grievance mechanism prior Supervision consultants. and facilitate the resolution of concerns and grievances in relation to the Project, promptly to Effective Date, and thereafter Contractors and effectively, in a transparent manner that is culturally appropriate and readily maintain and operate the mechanism accessible to all Project-affected parties, at no cost and without retribution, including throughout Project implementation. 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 may be required for ICTA’s PIU staff on: During project implementation ICTA • Environment and Social Framework (ESF) • WBG EHS Guidelines on Telecommunications • Environmental and Social Management Framework (ESMF) including Labor Management Procedures (LMP) consisting of Code of Conduct for project workers in relevant languages and Labor Specific GRM, Environmental Code of Practice for e-waste management • Environmental and Social Management Plans (ESMPs) • SEA/SH Action Plan • Vulnerable and Marginalized Groups Plan • Stakeholder Engagement Plan • Project wide GRM • Security management plan CS2 Training may be required for Recipient’s Ministries, Counties, Departments and Agencies During project implementation ICTA staff on: • Environmental and social legal requirements; • ESIA methodology and process; • Environmental and social impact determination (tools and methods); • Mitigation hierarchy (Avoid, Minimize, Restore & Offset (AMRO); 12 | P a g e ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Kenya Digital Economy Acceleration Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY • Stakeholder mapping and engagement; • ESMP preparation and monitoring techniques; and • Preparation of ESIAs ToRs, RAP ToR, and others. • SEA/SA Action Plan • Security Management Plan CS3 Specify training for Project workers on: During project implementation MICDE/ICTA • Occupational health and safety including on emergency prevention and preparedness and response arrangements to emergency situations. • Gender-Based Violence/ SEA-SH prevention and response measures. • Workers Grievance Management. • Labor Management Procedures • SEA/SH Action Plan • Resettlement Action Plan • Security Management Plan 13 | P a g e